the side bar
THE NEWSLETTER OF THE WESTMORELAND BAR ASSOCIATION VOLUME XXII, NUMBER 4 AUGUST 2010 Vietnam: Thirty-Five Years Later
by The Hon. Daniel J. Ackerman over a broad area to all parts of the —and me in the legal office. We world. Like most in the military, the became good friends and aside from ould it possibly be that long majority did not see combat, but they their calling me “Squid” (Editor’s note: ago? When American living made the contribution asked of them Oh, if only we had known that while rooms nightly reverberated by their country. We asked for their he was on the bench), I very much C enjoyed my tour there. At that time with the rattle of machine guns and recollections and thoughts. small arms fire coming from television Some of our colleagues entered (early 1964), Vietnam was on the back sets, a few of them showing the military service as lawyers. JIM SILVIS burner. Most Americans did not know conflict in color, as we stared with and JUDGE JOSEPH HUDOCK joined where it was. We had a squadron of blank faces. Rice the Navy, completed the Navy Officer helicopters there, but Vietnam was not paddies, protesters, Candidate School and the Navy Justice that dangerous. Military personnel and body counts School at Newport, Rhode Island, and had their dependents living with them were brought before were commissioned as Lieutenants, in and around Saigon. us as regularly as Junior grade (the judge in 1963 and The situation changed dramatically weather reports, Jim in 1965). Judge Hudock was in mid-1964, after North Vietnamese and it seems like it commissioned on November 22, gunboats fired on one of our was only yesterday. 1963, the date of President Kennedy’s destroyers in international waters. In It was a war which assassination. the middle of the night, we were told began in November The future judge soon learned that to be ready to ship out for Vietnam. I L 1955, but it received the law of promissory estoppel did not was shocked to see the enlisted men The Hon. Daniel J. no attention then. apply to the Navy. He recalls: in our office packing up law books in Ackerman Awareness began in The Navy recruiter crates. This was my first realization the early ‘60s when, as part of the told us that we would that Marines took law books and Cold War, the United States signaled be asked to select lawyers to the front lines. I had its intention to prevent a communist three places we would assumed that lawyers stayed far takeover of South Vietnam as part of like to serve, and that away from danger. its wider strategy of containment. By we were virtually The whole thing blew over, and the time it ended with the fall of guaranteed to receive we remained at Iwakuni, but the L Saigon on April 30, 1975, the events one of those choices. I activity was markedly increased. The Hon. in Southeast Asia had transformed chose Newport, Boston, In March of 1965, my tour of duty Joseph A. our political landscape and caused and Washington, D.C. was over and I was transferred to Hudock the deaths of three to four million My orders came in for Mare Island, California. Several Vietnamese on both sides; one to two the First Marine Air Wing at Iwakuni, weeks later, the entire First Marine million Laotians and Cambodians; and Japan! Not only did I not get one of Air Wing was transferred to Vietnam, 58,159 Americans. my selections, I didn’t even get the and the war escalated rapidly. For some members of the Navy! I got the Marine Corps! In the years during the war, the Westmoreland Bar, the war was not a It turned out to be a great experi - term “Hanoi” conjured up images of televised event. It took them out of ence. There were six Marine lawyers violence, communism, assassinations, their living rooms and scattered them —all well educated and very competent continued on page 6
IN Spotlight AlterEgo: To-Wit: by Jury THIS President’s Committee on Jim Bob S. Sponte, Trial ISSUE 25Message 3 Reports Kelley 11 Bickers 13 Esq. 15 Verdicts 2 • sid ebar AUGUST 2010
President’s Message The Balancing Act
by Donald J. Snyder, Jr., Esq.
here once was a time when telephone hookup. Finally, we could have to go to the Courthouse to get the Pirates were competitive, avoid the frustration of “I’m sorry, we tax maps, copies of deeds, docket Tmy hair was dark brown, and called your office to tell you that the entries, and pleadings; all are available S. Sponte, Esq.’s identity was a well deponent has the flu,” after driving over the Internet for printing on our kept secret. Similarly, it used to be that into Pittsburgh through traffic for a color copiers. We have the ability to be the typical well equipped law office 9:00 a.m. deposition. It also included more efficient and deliver quality work featured an IBM the feature of “could you stop by Davis to our clients that was once reserved Selectric typewriter Market and get bread and milk,” and for the large law firms. with built-in erasing a thousand other similar interruptions The same technology advances ribbon, a dictation to the once serene sanctuary of the have brought 24/7 connectivity to our machine using automobile interior during a drive from work. We carry electronic devices that magnetic belts, a place to place. Everything has a price! are straight out of James Bond or the Xerox copier with The facsimile machine Jetsons. The walls of separation that a curved glass top, brought similar benefits/ once provided some solace crumbled Bell of Pennsylvania burdens. Provided that under the onslaught of the mechanical push- you had experience technological advances. button, multi-line reading from scrolls, Our clients are just phones, statutes and reporters in you could now read as wired as we are book form, a bookkeeping system something sent to and expect instant that Charles Dickens would have you from anywhere responses to the recognized easily, and filing cabinets else where someone most complex full of client files and other “important had the patience to questions. In the face papers” that we managed to collect to place the communica - of these demands, the assist in our daily tasks. tion in a machine temptation is to give The site-specific nature of all of and get it to you. It ourselves over to the these matters kept us fairly tied to our beat the slow pace technology and literally offices and to the Courthouse where of regular mail. You work every waking access to the records required mastery had to be careful, hour. My view is: of the Russell Index System and lifting however, not to “not so fast.” We a lot of heavy books. have to keep this in When we left the perspective and maintain office either to go to the balance between work and an appointment or moderation in all things. our personal lives. —Aristotle home, we were com - Regardless of the specific pletely disconnected area of your practice, you are until we arrived at some location with expose your scrolls to any heat source not so important or indispensable that a land-line telephone. Generally, our or the communication, like the Magic you have to be available 24/7. The fellow lawyers and clients observed an Screen of old, would disappear. Clients Commander in Chief, the Secretary of unwritten rule that calls to home were quickly caught on and started to send Defense, the Secretary of Homeland reserved for real emergencies or purely documents at 10:00 a.m. for a review Security, the Director of Intelligence, social reasons. Despite the limitations at 10:30 a.m. The quickening of the the Director of the FBI, and medical of the technology, we actually pace was upon us; the genie was out of practitioners who treat life-or-death managed to practice law profitably. the bottle. situations need to be in contact The first crack in this pastoral Today, our technology enables us to constantly with their world, but you setting came with the advent of car access information from virtually any do not. Use the technology to your phones and facsimile machines. Car location instantly and reliably. We can advantage, attend one of the Young phones were bags that connected to perform legal research from our desks Lawyers’ seminars on the various the cigarette lighter port in our cars without trudging through Digests, subjects, but do not think that you and resembled a car battery with a Reporters, and Shepards. We do not continued on page 4 AUGUST 2010 sid ebar • 3
Committee Reports Policy Change Affects Real Estate Transactions
Real Estate Law Committee closing on the purchase of the names who enjoyed by James J. Conte, Chair real estate for the estate you are their tenure and representing to determine what the appreciated the “big he Real Estate Law Committee specific requirements will be so you picture” perspective it and the joint Orphans’ Court/ can properly prepare your client provided them. All TElder Law Committees want in advance of the execution of the contributed their to inform attorneys about the major Agreement of Sale and prior to own special talents, change in policy adopted by most the scheduled closing. were generous with national title insurance companies. their time, and felt Title insurance Nominating Committee they took part in a agencies have been building process that advised that it is no We Want continues today. You can, too. longer permissible to The Nominating Committee is accept letters from You! accepting letters of application for counsel promising positions on the Board of Directors, that they will take f you haven’t served on the Membership Committee, and Building care of filing the Westmoreland Bar Association Committee. Any member interested in PA Inheritance Tax Board of Directors, Membership, running for these positions should Return and payment I submit his or her petition to the or Building Committees, you are L of taxes post-closing. missing a golden opportunity to help Chair of the Nominating Committee, James J. Conte Although your your profession, your community, and c/o the WBA, by October 15, 2010 . practice may have been not to issue your bar association. Any applications received after this these indemnification letters, the real Yes, there is work involved, but date will not be considered. See the impact of this change in policy by the it really isn’t that formidable: you insert in this issue, or download an major title companies is the further are required to attend the monthly application from www.westbar.org . If requirement that the closing agent meetings; you should contribute ideas, you know of a qualified candidate who must hold in escrow a sum equal to suggestions, and solutions on a regular is willing to serve, you may nominate the estimated gross value of the basis; and, you are expected to be an that member in the same fashion. estate times the applicable percentage example to the rest of the members as The positions will be filled at the tax rate times 150% . a leadership role model. Annual Meeting of the association to Please be prepared to advise your There are benefits, too. You get to be held in April 2011. Nominees must personal representative to expect socialize with a group of attorneys who be active, participating members of the this requirement when the personal care about this association. You get to WBA. The responsibilities for each representative is selling real estate prior interact with a wonderful, but modest, position are as follows: to an acceptance of the PA Inheritance staff. It looks great on your résumé. BOARD OF DIRECTORS Tax Return by the Department of You can make a difference and help The Board of Directors ensures Revenue. mold the future of the WBA. that the WBA’s mission, services, Although a title agency may give Service, by its very nature, means a policies, and programs are carried out. credit for any previous payments made genuine commitment. If you look at Applicants should have experience in on account, you should check with the WBA’s past officers and directors, the closing company conducting the you will recognize many familiar continued on page 4
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 15601-2311, fax 724-834-6855, or e-mail [email protected]. the side bar welcomes The Hon. Daniel J. Ackerman, submissions from members or non-members. Please submit to the Articles Editor, c/o WBA. Intrepid Reporter Back issues from 2000 to the present and a comprehensive, searchable index are available Susan C. Zellner, Associate Editor Diane Krivoniak, Managing Editor online at www.westbar.org/thesidebar. 4 • sid ebar AUGUST 2010
Committee Reports continued from page 3
WBA activities such as chairing a committee, attending term is available. The Membership Committee bar functions, and being active in the bar community. In member will: addition, they must be able to think clearly and creatively, • Attend monthly committee meetings. and work well with people, individually and in a group. • Personally interview and educate applicants on the One three-year term is available. The Director will: workings of the WBA, including committee assignments, • Attend all board and appropriate committee meetings staff responsibilities, and new lawyer opportunities such and special events. as the mentor program, the Young • Serve on committees and offer to Interested in running for one Lawyers, and Pro Bono. take on special assignments. of these positions? Submit • Make recommendations for • Inform others about the WBA and its your petition to the Chair of membership eligibility and class activities and functions. the Nominating Committee, (participating or associate). • Assist the board in carrying out its c/o the WBA, by October 15, BUILDING COMMITTEE fiduciary responsibilities, such as 2010. Any applications reviewing the organization’s annual The Building Committee is responsible received after this date will for maintaining the management and financial statements. not be considered . See the • Take responsibility and follow upkeep of Bar Headquarters. One insert in this issue, or five-year term is available. The Building through on given assignments. download an application from • Contribute personal and financial Committee member will: www.westbar.org . resources in a generous way according • Attend quarterly committee to circumstances. meetings. • Open doors in the community. • Be knowledgeable about the utilization of Bar Headquarters for business and social functions. MEMBERSHIP COMMITTEE • Help to develop annual budget for operation of building. The Membership Committee is the first point of contact • Make recommendations to Board of Directors on that most applicants have with the WBA. One five-year matters of concern in building upkeep.
The Balancing Act continued from page 2
need to work all the time. You will surely burn out or turn yourself into an automaton without regard to yourself or anyone around you. Regardless of the clutter, the chatter, and the pressure of the practice, take time with your loved ones, pursue a hobby, play a sport, enhance your spiritual life, and, most importantly, relax. Instead of sitting at your computer screen, have lunch with a colleague or take a walk in downtown Greensburg at noon, drop by the WBA and interact with your fellow peers, face to face. Most of all, remember the adage that we often forget: nobody on their death bed uttered “I wish I had spent more time in the office.” It is more true now than ever before. AUGUST 2010 sid ebar • 5 Spotlight on Jim Kelley
Q Q WHAT JOBS DID YOU HAVE A Many years ago I filed a divorce WHAT BEFORE BECOMING A LAWYER? complaint for a husband. A couple of QUALITY DO A YOU MOST I was an elementary guidance weeks later he asked to meet with me. LIKE IN AN counselor for seven years. During He asked me if his wife could remarry. ATTORNEY? college, I worked in the steel mills I told him, once they were both A A willing - and as a lifeguard. divorced, each of them could remarry. He said, “No, can she get married ness to explore Q WHICH WAS YOUR now?” I told him she couldn’t and solutions, when possible, so that FAVORITE AND WHY? he said that she did. The next day both parties are able to live with the outcome and move on. A This is a difficult question. I really (a Saturday morning), I visited the enjoyed working with little children minister, who confirmed that she had Q WHAT IS YOUR when I was a guidance counselor. They a lovely wedding the week before with FAVORITE JOURNEY? have a fresh and innocent quality that beautiful bridesmaids and handsome A Driving around Ireland for is infectious. However, I groomsmen. a week on the wrong (left) side would probably have to The following Monday, I called of the road. say lifeguard—it has the attorney who represented the wife some great perks. and asked him, “What would you like Q WHAT IS YOUR GREATEST to talk about this morning—bigamy REGRET? Q WHAT IS or a reasonable Marital Settlement A THE FUNNIEST Agreement?” He asked what I was My first cigarette. THING THAT’S HAPPENED talking about and I explained what Q WHO ARE YOUR HEROES TO YOU AS AN happened. Two weeks later, we IN REAL LIFE? ATTORNEY? had a signed Marital Settlement Agreement. continued on page 6
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Vietnam: Thirty-Five Years Later continued from page 1
etc. The “Hanoi Hilton” was a On the same track, but two years said, “no one complained about notorious jail where John later, JIM SILVIS found himself trying entering the service. They believed McCain was held for over criminal cases at the Navy Law Center it was expected that we should serve, five years, while being in Norfolk, Virginia, which had and it was the right thing to do.” beaten regularly. Thirty general court martial jurisdiction over Jim’s observations during his tour years later, Vietnam is one the 5th Naval District, which included demonstrate how time had changed of our biggest trading the southeastern states. Like Judge the face of the war. partners even though it is Hudock, Jim was impressed with the When I entered a communist country. My quality and ability of Navy lawyers. the service, most daughter and her family lived Though his colleagues at the time people in our class in Hanoi without incident from would have liked to have begun their volunteered to go to 2002 to 2006. legal careers in a normal fashion, he Vietnam, as they thought it would be a great adventure. Within two years, the L Spotlight on Jim Kelley whole attitude toward Jim Silvis the war changed and we were continued from page 5 court-martialing sailors who refused to go to Vietnam. In addition to our A Two of my friends (for over 40 A Negative people who see life as a court-martial work, we represented years) who know boundaries and live cup half empty. sailors and marines who were each day with joie de vivre (see the Q injured during the war. It was very WHAT IS YOUR GREATEST disheartening to represent these third-to-last question). EXTRAVAGANCE? Q young people whose ability to earn WHAT ADVICE WOULD YOU A a living was dependent on their GIVE TO ATTORNEYS NEW TO My Triumph sports car. strong bodies. Many had lost limbs THE PRACTICE OF LAW? Q WHAT TALENT WOULD YOU and some were paraplegics or MOST LIKE TO HAVE? A Make your word your bond and quadriplegic. In one case, the young respect the privilege of being an officer A To be a good (very good) golfer. man had a horribly disfigured face. of the court. Won’t happen, though, but I’ll keep Unfortunately, I was on duty the night the Israelis mistakenly bombed Q WHAT DO YOU CONSIDER trying. the USS Liberty and the night a YOUR GREATEST ACHIEVEMENT? Q WHAT DO YOU VALUE MOST missile inadvertently was fired on the IN YOUR FRIENDS? A Having the honor of being the deck of the USS Forrestal , both 5th A president of the finest bar association Having joie de vivre . Naval District ships. The missile hit in Pennsylvania. Q the plane next to the one John WHICH LIVING PERSON DO McCain was in, killing 134 sailors. Q WHAT IS YOUR IDEA OF YOU MOST ADMIRE? I remember receiving calls from PERFECT HAPPINESS? A frantic parents asking about their A My wonderful wife, who is the Happiness is a good round of golf Superintendent of the Williamsport sons and from news organizations and then sitting on a beach (or by a Area School District and is the most trying to find out what happened. pool) at sunset with my wife and my dedicated and hardest working person Although the military services favorite drink. I know, and my daughter, who lives were at war, there were virtually no sacrifices made by the public and Q WHAT IS YOUR MOST and teaches in the public school most people went on about their TREASURED POSSESSION? system in New York City, and who business as if there were no war. By A strives to become a very good teacher Family and good friends. They are and a positive influence on children. the time I left the service, some base the only thing that endures. All else is Q commanders were advising people fleeting. WHAT IS YOUR MOTTO? not to wear their uniforms off base, as A they would be heckled or spat upon. Q WHAT IS IT THAT YOU Life should be experienced in MOST DISLIKE? living color and not just in black For many, the goal of becoming a and white. lawyer was put on hold because of the AUGUST 2010 sid ebar • 7 war. One month into his first semester Army of the Republic of Vietnam and a man from the backwoods of North at Dickinson Law School, CHUCK our unit sent home. I, however, was Carolina who had never seen a MASON received his draft notice. He called into the Sergeant Major’s television until he was in the army. notes, with tongue in cheek, that after office and was told that the Sergeant While in Vietnam, I saw and basic training he was given “a fully Major and the Colonel were being experienced a culture entirely paid McNamara Fellowship for Study reassigned to the 8th Battalion of the different from the one in which I in Southeast Asia.” He told us of his 4th Artillery and they wanted me to was raised, with different values and tour in Vietnam. extend my tour of duty and go with different morals. In hindsight, it was In March of 1969, them. The Colonel assured me that a great learning experience and a I was assigned to the I would not have to work on the chance to see a part of the world 6th Battalion of the guns and that I would be stationed I might never have had the chance 33rd Artillery, which at a combat base in Dong Ha, a to see. operated in the north - lovely town just five miles from the An option that was available to ern most section of demilitarized zone. He kept his young men at the time was service in South Vietnam. Its promise that I wouldn’t have to work the National Guard or in the reserve L headquarters were in in the guns, but I still received my units of the armed forces, which, Chuck Mason Phu Bai, which is a fair share of garbage detail. though it required a longer six-year beautiful suburb of the imperial city At the end of May, 1970, after enlistment, afforded, after basic of Heu. As an enlisted man with a almost fifteen months in Vietnam, I training, the opportunity for further college degree, in addition to my returned to the states and was military training in one’s community, duties as a cannoneer in a firing released from active duty. subject to the unit being activated battery, I was also assigned to As a young boy growing up in due to military need. It afforded important tasks such as working in southwestern Pennsylvania, I led a fulfillment of the military obligation the motor pool, guard duty, officer’s pretty sheltered life. Upon entering without a complete and immediate clerk, and garbage detail. the service, I met people from all abandonment of civilian life. In February of 1970, our unit was over the country with varying DAN JOSEPH served for six years in part of the Vietnamization Project experiences, from California surfers the United States Army Reserves and and our guns were turned over to the to inner-city residents of Harlem, and continued on page 8
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 • sid ebar AUGUST 2010
Vietnam: Thirty-Five Years Later continued from page 7
was discharged in 1974. nose, no ears, and no eyes. There of their young lives. His unit was not activated. were numerous men that were being GEORGE WELTY He recalls that time. brought in without limbs. Some had prepared for military Certainly any intrusions lost all of their limbs. I will always service through the that [service in the remember that. That being said, I can Army ROTC reserves] caused in my life honestly say that although I did not in college and was were minor compared to like it at the time, I feel that I greatly commissioned a 1st L those people that were sent to benefited from the experience. There Lieutenant upon George Welty Vietnam. I recall sitting in the is a feeling of accomplishment, that graduation. He served TV room at my fraternity you did something for your country; a year in Vietnam (1970-1971). He house when the draft lottery and it helped mature me. initially was stationed in Pleiku in was first called. My number As an engineering Vietnam’s Central Highlands, not was 154 so I knew I would be student at Pitt, JON far from Laos and Cambodia, where drafted. I remember that it was a time LEWIS joined the he served as Adjutant of the 71st of uncertainty for most draft-age Air National Guard, Evacuation Hospital, a 400-bed facility men. Plans and lives were put on stationed at the which contained complete medical hold because you did not know what Greater Pittsburgh and surgical facilities. It also included was ahead. The most vivid recollec - Airport, as a medic. a “Dust Off” unit of twelve Huey L tion that I have was when I went to His unit was activated medevac helicopters. Jon Lewis visit a friend at the during what was The hospital was designed for any Fort Bragg hospital, referred to as the “Pueblo Crisis” (The type of major surgery and follow-up who had been hurt USS Pueblo was a Navy intelligence care to stabilize the wounded to a during basic training. ship which was boarded and captured point where the more serious cases It was on a day that by North Korean naval forces on could receive transport out of the casualties from January 23, 1968. It was one of the country via the adjoining Pleiku Air Vietnam were being major incidents of the Cold War.). The Force Base. The rugged Central brought in. I saw a L unit’s active duty lasted approximately Highlands were inhabited by the young man without a Dan Joseph, a year. Following deactivation, Jon Montagnard, tribes of primitive face. Napalm had in his “younger attended law school on the GI bill. people, who were friendly to melted away all facial and thinner” Some found military service the Americans, but the Viet Cong were features. He had no days. next logical step in the progression also present in the area and harassed the medical compound and the air Past speaker at the National Business Institute’s “Complex Bankruptcy Issues” seminar. base with rather inaccurate rocket fire. In addition, George recalls that the monsoon season in these BARRY B. GINDLESPERGER mountains brought two months of ATTORNEY AT LAW unrelenting rain. His tour acquainted him with other 724-853-2464 military bases as well, including: Da 101 North Main Street, Suite 206A, Greensburg, PA 15601 Nang, An Khe, Qui Nhon, Ben Hoa, Sigon, and his favorite, Cam Ranh www.gindlespergerlaw.com • [email protected] Bay, which was the out-processing installation for the return of troops Accepting referrals in Chapter 7 to the states. and Chapter 13 bankruptcies, While well traveled, one transport is fixed in his memory. On a sunny day, and commercial law. he was a passenger on a fixed-wing Referring family law and criminal law matters, single-engine army aircraft when the and certain contingent-fee cases. pilot turned on the windshield wipers. The liquid being wiped away wasn’t A Debt Relief Agency helping people file for relief under the Bankruptcy Code. rain, but oil from a broken line. Then the engine failed. Without power, the AUGUST 2010 sid ebar • 9 plane was brought to a safe landing on the airstrip from would have been of military age during the war. The which it had taken off. George was left with admiration for reminiscences quoted above represent the observations and the skill of the army’s pilots and skepticism concerning the thoughts of those who responded. No survey ever garners a ability of its mechanics. one hundred percent return, and that was true here. We SCOTT MEARS enlisted in the Army upon graduation know from looking into our own archives that there are from college in 1967, and progressed through officers’ many more Vietnam veterans in our bar whose accounts of candidate school and airborne training in the 18th Airborne this period do not appear in the present article. Fortunately, Corps at Fort Bragg. From there, as a fledgling paratrooper, their service in the armed forces during the period covered he was sent to Fort Holabird, Maryland, for training as a by America’s active engagement in Vietnam is noted in the counterintelligence officer. It would seem that Scott lived a September-October 2002 edition of the sidebar in an article charmed military life. celebrating Veterans Day. We list here, from that article, Most people who have been in the military their names and branch of service in alphabetical order. realize that military language is replete with An asterisk following a name indicates service in Vietnam; euphemisms. By the time I reached Fort a double asterisk denotes combat in Vietnam. Holabird, I had been taught numerous ways • THE HON. ALFRED BELL , United States Army Reserves in which we could “neutralize” the enemy. On • ANTHONY D EBERNARDO ,** United States Army the other hand, I also realized there were • THE HON. JOHN DRISCOLL ,* United States Navy numerous ways in which the enemy could • RICHARD FLICKINGER ,* United States Army neutralize me. Therefore, when my orders L • TIMOTHY GEARY , United States Air Force were changed from the 18th Airborne Corps Scott Mears • MICHAEL KOLODZIEJCZAK , United States Marine Corps at Fort Bragg to a military intelligence group in Germany, I • PAUL KUNTZ , United States Navy realized I had been blessed. • JOHN LEONARD ,** United States Marine Corps While in Germany, I was stationed at Stuttgart and placed • GEORGE LOVE ,** United States Marine Corps in charge of the Soviet Orientation Team, which consisted of • RABE MARSH , United States Navy me and five enlisted men. We traveled four or five days a • KENNETH MURRAY ,* United States Army week to put on stage presentations at every American army • JOHN MIKA , United States Army post in West Germany, Berlin, and Italy. Our main function • DONALD SNYDER , United States Army was to train the troops about East Block uniforms and • BILL WILTMAN ,* United States Army weapons and to warn them not to consort with members of the Soviet Military Liaison Mission, who were permitted to be in West Germany at that time. In fact, it was like being on a long European vacation. Because I could make my own schedule, I arranged performances at times when there would be local festivals in the area. Our accommodations, which we chose, were usually in a small, quaint German Gasthaus. After a few months of this duty, I was told to report to Munich where there were new orders for me. After arriving in Munich, the major told me that I had been ordered to report to Fort Bragg for 13 weeks of Special Forces Training (The “Green Berets”) and then I would be sent to Vietnam. When we went to pick up the orders, the major told the warrant officer to show them to me. To which the warrant officer replied, “Here they are—Lieutenant Ralph Mears.” I don’t know what happened to Ralph, but I went back to Stuttgart. In anticipation of this article, the sidebar sent e-mails to present members of the bar seeking input from those who
LawSpeak “We have most unfortunately found it necessary to get rid of a man as soon as he thinks himself an expert—because no one ever considers himself an expert if he really knows his job.” — Henry Ford 10 • sid ebar AUGUST 2010 Notes from the Law Library
by Betty Ward, Law Librarian Pennsylvania Commonwealth Court Opinions, statutes and regulations ost attorneys are familiar with Google and are not available, and it lacks the use it to research all sorts of information for editorial enhancements of Mtheir practice and daily life. What would we do the commercial publishers. without it? Recently, a new component of Google Scholar For instance, there are no became available, which allows the user to conduct free headnotes and there is no searches of U.S. case law and more. citator service (like Google Scholar, which has been specifically geared to Shepard’s or Keycite). scholarly research, now allows searches of general articles However, all things and/or patents, full text legal opinions, and law journals. considered, Google Although Google Scholar is still in the beta testing stage, Scholar has a lot to offer. It is a great place to conduct it shows much promise. The legal content includes U.S. preliminary research, view cases (when case history and Supreme Court opinions since 1791; federal district, treatment are not a major concern) and can save money appellate, tax, and bankruptcy court opinions since 1923; by cutting down on the amount of research time spent and state appellate and Supreme Court cases since 1950. using commercial services. It is still in the testing stage, It requires no registration or sign-on, it is as easy to use so improvements to the content and features are bound as Google, it is amazingly fast, and it is free. The display is to follow. simple and pleasing, with features such as: highlighted Google Scholar is available at http://scholar.google.com . search terms, internal page numbers, “How Cited” tabs, To learn more about Google Scholar, see: www.llrx.com/ “Cited By” boxes, and “Related Documents” lists. features/googlescholar.htm . Preferences and advanced search options may be selected, Additional information is available at the Westmoreland and results are ranked according to relevance. County Law Library. Although Google Scholar has garnered much praise, there are some notable drawbacks when compared to PENNSYLVANIA CIVIL PRACTICE REFERENCE BOOKS Westlaw and Lexis. Google Scholar does not include he following two Pennsylvania civil practice reference books recently were published and are a Tvery good value. Both are available to preview or to use in the Law Library: • “Pennsylvania Forms for the Rules of Civil Procedure,” by the Honorable R. Stanton Wettick, Jr. (2010). Perhaps some of you remember this treasure of a book that was originally published by the Harrison Co., but has not been available for the past eight years. It recently was revised and published by the George T. Bisel Co., a P forms and rules book, essential for daily practice. (One volume, with accompanying CD of forms, at the introductory price of $169.) • “Pennsylvania Elements of an Action,” 2010 ed. (Vol. 23 of West’s Pa. Practice series). “Provides substantive and practical overviews of 20 causes of action under Pa. law.” Identifies the elements of an action, suggests litigation strategies, potential remedies and possible defenses, and includes sample pleadings and forms. (West Publishing Co., $115.)
LAW LIBRARY MEETING ROOM ust a reminder that the meeting room in the Law Library is available for your use. It offers privacy to Jmeet with your clients or other attorneys and comfortably seats six people. AUGUST 2010 sid ebar • 11
AlterEgo: Robert V. BickeBrso,bJBr.,icAktetorrsn,eAy rtist
I won student art Editor’s note: Robert V. Bickers, Jr., was a claims attorney for Nationwide competitions for Insurance’s South Central Office before moving to Murrysville in 1992. His wife, my drawings, and I Diane, spent several years as a defense trial attorney for Nationwide Insurance developed an interest before opening her law office in Murrysville in 1996. After working for six years in photography, taking in private practice handling cases in workers’ compensation, FELA, Social Security and developing my disability, and insurance bad faith claims, Bob joined his wife’s law firm in 1999, own pictures. forming the multi-county general practice of Bickers & Bickers. You can find them on the web at www.bickerslaw.com. Q DID YOU CONTINUE TO PURSUE THESE L here are many worthy and footsteps, Bob now shares a law INTERESTS AFTER Bob Bickers fulfilling pursuits for a person practice with his wife, Attorney Diane HIGH SCHOOL? wanting to make a difference Landis Bickers, in Murrysville, and T A In fact, I worked my way through in this world,” says Murrysville devotes evenings and weekends to college with my own professional attorney Bob Bickers. “One is to help the pursuit of his love of painting photography business. I took wedding others in need. Another is to inspire and photography, as both a teacher photos, engineering photos, and others by showing them the wonders and an artist. photographed real estate for mortgage that surround us. As an attorney and We talked to Bob about his interest companies. I drafted surveys, designed an artist, I feel fortunate to have been in law and the arts. logos, and documented evidence for able to do both.” Q attorneys. Robert Vandergriff Bickers, Jr., WHEN DID YOUR INTEREST IN ARTISTIC EXPRESSION BEGIN? Esquire, grew up in Memphis, Tenn., Q WHEN DID YOU ADD the son of a lawyer who dabbled in A I developed an interest in art at PAINTING TO YOUR REPERTOIRE? oil painting. Following in his father’s an early age. In junior high school, continued on page 12
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AlterEgo: Bob Bickers continued from page 11
A Q I’m just glad to get my eyesight back I attended law school at night WHAT DO YOU MEAN WHEN to normal. But I must admit that after YOU SAY THAT BEING BOTH AN while working as an insurance adjuster taking another look at my artwork, during the day. After graduation from ARTIST AND AN ATTORNEY HAS GIVEN YOU SOME ADVANTAGES? something of the experience may law school, I joined my father’s law have stuck with me after all. practice in Memphis, Tennessee. As a A I’ll explain. What I have learned in young lawyer just beginning to build a one area has helped me in the other. Q DO YOU CREATE FOR practice, there were many days when I Powers of observation, composition, OTHERS AS MUCH AS FOR found myself sitting in the office waiting color balance and design help me to YOURSELF? for the phone to ring or clients to walk organize my mind and make sense of A Personally, the process of creation in the door. what I am seeing. In the same way, a and imagination is both fascinating and It was during this period of time lawyer is trained to sort through and freeing. Making something recognizable on my hands, in 1984, that I became organize facts, using logic and reason from mere pigment is amazing. And inspired by the infectious enthusiasm to understand the law and the world making something that can touch the of television artist Bill Alexander. Bill, around us. I think this mental structure human heart is nothing less than a in his deep German accent, would and discipline helps me both as an miracle. challenge us to “fire in the paint” as he attorney and an artist. I hope most people enjoy my jabbed and almost violently pushed his paintings. I hope my artwork will touch pigment-laden brush into the canvas Q WHAT IS YOUR FAVORITE some people on an emotional level, and and ground it in. Not exactly a light SUBJECT MATTER? be drawn to my work enough to take it touch, except when he added details A Both landscapes and portraits home with them. A fine piece of art can to the canvas at the end of the show. capture my interest. I like trying to bring enjoyment for generations. That’s when I decided to take up make a portrait more than a landscape oil painting. of flesh and textiles. Capturing some - Bob is a member of the Pittsburgh one’s “essence” as a human being with Q WERE YOU SELF-TAUGHT OR Society of Artists and is an active oil paint is such a rare achievement, but FORMALLY TRAINED? member of the East Suburban Artists well worth the effort. I also want to do League, often exhibiting his paintings A I took several classes in art, air more paintings dealing with aviation and photographs in their shows. brushing, and portrait oil painting at and space exploration, as these are Memphis State University. And with subjects that I find very interesting. For anyone interested, Bob will practice and fine attention to the be teaching acrylic painting classes techniques of other painters I admired, Q WOULD YOU AGREE THAT at Michaels Arts & Crafts at their I started to exhibit my work at local YOUR PHOTOGRAPHS AND Greensburg, Monroeville, and galleries, even winning several awards PAINTINGS CONTAIN A CERTAIN Pittsburgh Mills locations. for pen and ink, gouache, acrylic, alkyd, CLARITY, A VIBRANCY OF LIGHT His work, including information and oil paintings at local and regional AND COLOR? about recent and upcoming art contests in the Memphis area. A Actually, I think that is a trait exhibitions, can be found at Eventually, a couple of galleries that started about five or six years ago. http://bobbickers.net or you may represented me in Memphis. In 2005, cataracts in both of my eyes contact him at 724-325-4951. were slowly developing to the point of interfering with my life. When I had both of my lenses replaced, I got my first clear look at my artwork and I Harry J. Schmidt was astonished. As my eyesight slowly faded, I Licensed Private Investigator Scene Investigation Specialists had unconsciously compensated by • Detailed accident scene investigations brightening colors to the hue that Bonded – Insured • Personal service with quick looked right to me. I was horrified at turnaround first, but others seemed to like what I • Extensive industry experience had done. Thankfully, I had not painted • Additional services available or printed many portraits during that Greensburg, PA 15601 PO Box 1073 stretch of time, which I now call my Mount Pleasant PA 15666 “bright” period—though some might Phone: 724-838-0644 [email protected] • 800-822-7451 call it my “blight” period. Fax: 724-838-0832 AUGUST 2010 sid ebar • 13 To-Wit: Who Do You Love? by S. Sponte, Esq. “Lost the case, huh?” I said. to and it was, after Preferring to duck reality by all, only a butter t this stage of my career, refusing it language, he merely knife. I’m rarely in the courthouse shook his head affirmatively. After But while A anymore, but yes, there is a a moment’s pause, he looked up at waiting for my downside. Across from Courthouse own lunch to be Square, right between the McDonald’s defrosted, I began and Nothing More Than A Buck’s Us, I knew he was in to think. He had sits my favorite local restaurant, Sans town to try a big actually posited Merci. Being inordinately fond of their a convoluted case, and it was an prix fixe on toast, I used to eat there conundrum. Sorry, sorry, he had regularly when I frequented the ominous indicium actually raised a difficult problem. courthouse, and I’ve missed it. that he was sitting What with all the vagaries of So when a recent noontime found practicing law, the unpredictable, me once again back in the courthouse there slowly drawing uncontrollable, irrational happen - and getting hungry, I made a beeline a butter knife stances that can instantly elate or for the place. Though it was packed across his throat. deflate us with equal aplomb, how can as usual, I couldn’t help but notice any of us know if we’re any good at it? a long-time colleague slumped into a Clients may tell us what they think, corner booth, alone and palely loitering me. “Am I a good lawyer?” he asked they frequently do, but we can’t rely with his turkey wrap and Cheese Whiz. plaintively, “I just don’t know.” on it. Their opinions depend solely I knew he was in town to try a big I nodded a “yes” but decided to take on whether they win or lose, and case, and it was an ominous indicium my leave before he wanted words. He that they might have lost with a that he was sitting there slowly drawing was troubled and I felt badly for him, highly skilled lawyer or won with a a butter knife across his throat. yes, but I had my own pangs to attend continued on page 14 14 • sid ebar AUGUST 2010 To-Wit: Letters to the Judge Who Do our honor, Sir, an article in the You Love? My cellmate, Jeeter, and his Post-Gazette that lawyer are having an animated he cut out back on continued from page 13 Y and pointed disagreement over the the fifth of July. questions that should be asked of According to this thoroughly inept one is a concept that those people who might be sitting piece in the paper, perpetually eludes both their ken and on his jury, and who will acquire the some respectable their caring. distinction of being one of his peers. non-profit organi - We can’t count on colleagues for I’ll agree that Jeeter can be some - zation included the question in a a truly unbiased opinion either, not what of an ignoramus at times, and public poll and twenty-six percent of as long as our adversarial system he has prepared a list of what I view those surveyed—all Americans—didn’t continues to leave a bloodied coterie as mostly silly questions which he know the answer. To break it down of victors and vanquished in its wake. wants the lawyer to ask, and which further, twenty percent couldn’t I can’t speak for you, but I know she is resisting. His lawyer says the even offer a guess, while six percent I’ve said as many wildly disingenuous judge assigned to his case, which, of named France, China, Japan, Mexico, and errant things in the elation of course, to Jeeter’s regret, is not your or Spain. According to Jeeter’s way victory (“You put on a really nice honor, will only allow some time- of thinking he feels a tad uncomfort - case there, Bill, sorry you lost by tested questions such as: have you able contemplating that twenty-six compulsory non-suit.”) , as I have in ever had the pleasure of serving on a percent of those chosen for his trial the teeth-gritting anguish of defeat criminal jury before; have you ever might have, shall we say, a similarly (“Congratulations, Susan, sleeping with been the victim of a heinous crime, truncated world view (that’s the type the judge has really paid off for you.”). like the one Mr. Jeeter here is of talk one might get from Jeeter Native Americans have always charged with; and, are there any when he is in one of his know-it-all said you can tell the worth of a defense lawyers hanging from the moods). man by who his enemies are. Gender branches of your family tree? Give it some thought your honor, discrimination issues aside, it seems Jeeter doesn’t believe that these and tell us if you would want a to me to be an axiom that offers standard questions are as fulsome or matter of importance decided by a meaningful insight into the problem helpful as he would like. He insists panel where perhaps a quarter of its at hand. that this particular part of the trial, members might be inclined to believe No real lawyer ever gets through a sometimes called The Four Deer, may that the founding fathers, by signing career without having to make some in fact be the most important of all. the Declaration of Independence, tough decisions, and as a concomitant While most of his proposed inquiries were seeking to cut their ties to result, angry colleagues, judges, and are either ludicrous or offensive, Japan. Maybe Jeeter isn’t that much litigants always litter a pathway of there is one I hope the judge will of an ignoramus after all. He said he success. Lawyering may be how we allow. The question of merit is: “From would be more than happy to take his put food on the table, but with every which country did the United States chances with the other seventy-five great steak comes slaughter. win its independence?” percent, no questions asked. So if you really want to know Jeeter did not exactly think up Your friend, what kind of lawyer you’ve been, this question, he got it from reading Ricky H. Benbow, Sr. think about who doesn’t like you and why. You may very well find some comfort there, and who knows, in Save the Date! the process you might even figure out how to return their vitriol with love. he Young Lawyers of the Westmoreland I mean, for the peace of mind their Bar Association are hosting the enmity affords you, it’s the very least Tsecond annual “Have A Heart at you can do. The Headkeeper” fund-raiser for CASA of Westmoreland on Wednesday, September 15, © 2010, S. Sponte, Esq. 2010, from 5:30 to 8:30 p.m. The Young Can’t get enough Sponte? everyone Lawyers promise a good time for everyone—so me! More articles are online at welco bring a friend, and see you at The Headkeeper! bring a www.funnylawyer.com . friend! AUGUST 2010 sid ebar • 15
May 2010 Civil Trial Term Jury Trial Verdicts
by Beth Orbison, Esq., Thomas L. Jones, Esq., and Monique J. Lafontant Mears, Esq.
f twenty-seven cases listed for injuries of paresthesias, pain, and the May 2010 Civil Jury Trial numbness in his right leg. Plaintiffs OTerm, nine settled, fourteen claimed that the dropping of the were continued, two were scheduled to scalpel was negligence. Defendants be tried non-jury, and two jury trial responded that said action was an verdicts were entered. accident and did not breach the standard of care. Plaintiffs filed an DAVID F. WYDO AND action against all three Defendants, JOYCE WYDO, HIS WIFE asserting claims of negligence and loss V. of consortium. Both parties retained DANIEL HAFFNER, M.D.; medical experts. WESTMORELAND ORTHOPEDICS The parties entered into a & SPORTS MEDICINE; stipulation that dismissed Defendant AND EXCELA HEALTH- Excela Health from the case, with WESTMORELAND HOSPITAL prejudice. The case proceeded to NO. 6493 OF 2006 trial against Defendants Haffner and Cause of Action: Westmoreland Orthopedics & Sports arthroscopic right knee surgery by the Medicine. The jury found, in a 10-2 Medical Professional Liability— Defendant physician. During surgery, Negligence—Loss of Consortium decision, that Defendant Haffner was a scalpel slipped from Defendant’s not negligent. On or about August 9, 2004, hand and landed in Plaintiff’s right Plaintiff-Husband underwent calf. Plaintiff alleged residual nerve continued on page 16 You Have Done Everything Your Client Expected.
Why is he suing you? $WWRUQH\V UHSRUWLQJ D PDOSUDFWLFH FODLP URXWLQHO\ FRPPHQW H[SHFWHG RI ERWK WKH ODZ\HU DQG WKH FOLHQW WKDW WKH\ NQHZ WKH\ VKRXOG KDYH QHYHU DJUHHG WR UHSUHVHQW WKDW $W 0LQQHVRWD /DZ\HUV 0XWXDO ZH GRQ¶W MXVW VHOO \RX D SDUWLFXODU FOLHQW SROLF\ :H ZRUN KDUG WR JLYH \RX WKH WRROV DQG NQRZOHGJH $ EUHDN GRZQ LQ FOLHQW UHODWLRQV DFFRXQWV IRU RI DO QHFHVVDU\ WR UHGXFH \RXU ULVN RI D PDOSUDFWLFH FODLP :H LQYLWH OHJHG HUURUV OHDGLQJ WR PDOSUDFWLFH FODLPV $ VLPSOH PHWKRG \RX WR JLYH XV D FDOO DW RU JR RQOLQH DW ZZZ WR DYRLG FOLHQW UHODWLRQ HUURUV LV WR PDNH FHUWDLQ \RXU UHWDLQHU POPLQVFRP DQG ¿QG RXW IRU \RXUVHOI ZKDW ZH PHDQ ZKHQ ZH OHWWHU FOHDUO\ LGHQWL¿HV WKH FOLHQW WKH VFRSH RI \RXU UHSUHVHQWD VD\ ³3URWHFWLQJ \RXU SUDFWLFH LV RXU SROLF\´ WLRQ KRZ WKH H[SHQVHV DQG IHHV ZLOO EH KDQGOHG DQG ZKDW LV $PHULFDQ %DU $VVRFLDWLRQ 6WDQGLQJ &RPPLWWHH RQ /DZ\HUV¶ 3URIHVVLRQDO /LDELOLW\ 3UR¿OH RI /HJDO 0DOSUDFWLFH &ODLPV &KLFDJR ,/ +DVNLQV 3DXO DQG (ZLQV .DWKOHHQ 0DULH
Call Tom Auth at 215-830-1389 5 or email Tom at [email protected] www.mlmins.com 16 • sid ebar AUGUST 2010
Jury Trial Verdicts continued from page 15
Plaintiffs’ Counsel: Elizabeth L. Defendant physician, a radiologist, the thymoma that was visible on Jenkins, Pgh. showed a kidney stone in the ureter. the December, 20, 2005, CT scan Defendants’ Counsel: Daniel P. Plaintiff was given a prescription for scout image. (A scout image is a Stefko, Pgh. pain medication and discharged from rudimentary X-ray taken at the Trial Judge: The Hon. Anthony G. the hospital. beginning of a more sophisticated Marsili Eighteen months later, on July 6, CT scan imaging procedure in order Result: Defense Verdict in 2007, Plaintiff reported to Latrobe to ensure proper orientation and favor of Daniel Haffner, M.D. Area Hospital with a persistent cough, placement of the patient’s body.) and Westmoreland Orthopedics & fever, and congestion. A chest CT Defendant maintains that the Sports Medicine scan revealed a mass-like density in thymoma could not be seen on any the chest to be a thymoma, a tumor portion of the diagnostic images of the GARRY NICHOLSON AND of the thymus gland. The tumor CT scan of the abdomen and pelvis. DIANA NICHOLSON, HIS WIFE was surgically removed and Plaintiff Defendant presented expert medical V. underwent radiation therapy. testimony that the care and treatment MATTHEW BANKS, M.D. Plaintiffs contend that Defendant he provided Plaintiff was within the 12680 OF 2008 deviated from the radiological standard applicable standard of medical care. of care in failing to identify and report Plaintiffs’ Counsel: David J. Lozier, Cause of Action: Professional Harry S. Cohen & Associates, Pgh. Negligence—Medical Malpractice Westmoreland County Defendant’s Counsel: M. Brian On December 20, 2005, O’Connor, Matis Baum Rizza Plaintiff Garry Nicholson presented to Jury Trial Verdicts from O’Connor, P.C., Pgh. Latrobe Area Hospital with significant 2000 to the present Trial Judge: The Hon. Gary P. abdominal and right side flank pain. are available online at Caruso An abdominal and pelvic CT scan, www.westbar.org/verdicts. Result: Molded verdict in favor of which was ordered and interpreted by Defendant.
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. AUGUST 2010 sid ebar • 17 My First Bench/Bar
by Jessica Rafferty, Esq.
his year was my first Bench/Bar Conference, and I Ttruly had a wonderful time. Part of this enjoyment may stem from the fact that I still have very vivid memories of what I was doing at this time last year—studying for the Bar Exam! I’m just joking (kind of)—it was a fun Kerri Shimborske-Abel, Moe Lewis, Michael Quatrini, Jessica Rafferty, couple of days all and Joyce Novotny-Prettiman on its own. This year’s location, was a beautiful day and a beautiful getting to know Seven Springs, lent trail. Aside from the chipmunk who everyone that went L itself nicely to a attempted suicide by running directly on the bike ride a Jessica Rafferty variety of activities. into the spokes of my front wheel little better, I got 2010 Bench/Bar Some of the events offered were golf, about two miles into the ride, I’d say to hear some pretty Committee Chairs clay shooting, biking, and hiking. it was pretty much a perfect outing. great stories about Lisa and Jeff Monzo It was a wonderful opportunity for Having said this, the chipmunk … well … guess someone like me, just starting out, incident brought a lot of laughter to you’ll just have to come next time if to meet and get to know people in my fellow bike riders, some more than you want to hear who and what the our legal community in a relaxed others—you know who you are. stories were about! atmosphere. After biking a couple of hours, we After I arrived at Seven Springs, On Thursday morning, I participated all met up at the Ohiopyle House Café I went over to see the vendors who in the bike ride at Ohiopyle, organized and had lunch together outside on the participated in the conference. All of by Bill McCabe and Aaron Kress. It deck of the restaurant. In addition to the vendors were very knowledgeable and were incredibly willing to answer all of the questions that I had. I was also impressed by the diversity of John Hauser, Lou Anne Demosky, Lee Demosky, Don Moreman, Jon Lewis, Eric Dee, Bill Brandstetter, continued on and Diane Murphy and Scott Avolio page 18
Judge Feliciani and Scotty’s Blues Peddlers were joined onstage by Supreme Court Justice Michael Eakin. Mike Stewart, Pat Noonan, Bob Johnston, and Judge Driscoll 18 • sid ebar AUGUST 2010 My First Actions of Bench/Bar New the Board continued from page 17 Member MAY 19, 2010 • Accepted Membership Committee the vendors. They ranged from banks, Sketches recommendations: Barry Clegg and to companies providing technological Adam Long, participating; Justin services, to massage therapists. ROXANNE SAKOIAN EICHLER Schantz, Joanne Wilder, associate. As the day continued, so did the • Agreed to release annual PAC has been admitted as an associate beautiful weather, and we were able to donation to the PBA. sit outside while we enjoyed our din - member of the WBA. She earned a • Learned that Nominating Committee ner, drinks, and everyone’s company. Bachelor of Science degree from has been appointed and includes: Even with the great weather, Judge Penn State, and her J.D. from Chair Annaliese Masser, Jim Silvis Feliciani and the band managed to Duquesne University. Roxanne (Sr.), Rachel Yantos, Barbara draw quite a number of people inside is a sole practitioner in North Christner, Tim Geary, Scott Mears, to dance—including Moe Lewis, who Versailles. Jr., Karen Kiefer, Bob Johnston, has some pretty impressive skills! To ADAM J. LONG, son of WBA DeAnn McCoy, Jack Bergstein, top it all off, we were lucky enough to member Wes Long and grandson Harry Smail, and Mike Stewart. have Supreme Court Justice Eakin in of WBA member Earnie Long, has (See related article on page 3.) attendance, who joined in with the joined the WBA as a participating • Heard report that Don Snyder, band—and let me tell you, he can play member. Adam earned his John Greiner, Harry Smail, and a mean harmonica. undergraduate and juris doctor Diane Krivoniak met with Senator Kim Ward to discuss SB351, which It was really a wonderful experience degrees from William & Mary, deals with legal journal advertising. and I want to take this opportunity to and practiced in Georgia before • Took action to accept a bid from thank everyone so much for making relocating to Westmoreland Rampart Security for replacement of me feel so welcome and for helping to County. He is an associate with Fisher, Long & Rigone in the fire alarm system to be installed make my first Bench/Bar so much fun. at the conclusion of this year’s Greensburg. I’m looking forward to next year! Simplex maintenance contract. SARAH A. WINES was • Young Lawyers reported that they admitted to the WBA as a will present a technology lunch and participating member. She earned a learn on June 25 on the topic of B.A. in Political Science from social media. Capital University in Columbus, • Young Lawyers will sponsor a fall Ohio , and earned her J.D. from fund-raiser for CASA of The Ohio State University Moritz Westmoreland on September 15. College of Law . Sarah is on staff at • Approved blood drive for WBA the Pennsylvania State Education member Tim McCormick for Association’s Southwest Region mid-June and agreed to ask Office in Hunker. Medical Society to join the drive. • Voted to present proposed WBA bylaws changes for bar membership Judge Bononi and Judge McCormick, Jr. vote at the Fall Quarterly meeting. • Learned that Legalzoom.com is Mark Surace & considered to be the unauthorized Associates practice of law as stated in an opinion issued by the PBA UPL Residential Construction Experts committee. Consulting Work – Litigation Detailed Reports State-Certified Building Inspector New & Existing Construction Business: 724-258-3989 Fax: 724-258-3376 Michael DeMatt, Amy DeMatt, and Phil [email protected] McCalister AUGUST 2010 sid ebar • 19
• Discussed the sustainability of the Lawyers Assistance Committee and local Political Action Committee with no action taken on either. where in the world IIS THHEE WBBAA MEMBER? JUNE 2010 No meeting held. Blood Drive A Huge Success
hen WBA member Tim McCormick was W diagnosed with acute myelogenous leukemia earlier this year, many of his friends and colleagues “My wife’s sister, Denise Crain, my sons, Nathaniel and Christopher, and my asked themselves what wife, Johny, and I spent 10 days in Italy this past March. We visited Rome, they could do to help. Florence, and Venice. Venice is like no other city in the world. The ambiance On June 18, 2010, is beyond compare. We thoroughly enjoyed our stay—from the food, the over 100 of those shopping, the history and architecture, to the friendly people. Outstanding!” friends, colleagues, —David DeRose and family members made their way to the VENIICCEE,, IITALY YMCA in Greensburg to support Tim in his fight by donating L blood to help replace completing some additional paperwork Tim McCormick the blood and and submitting a sample mouth swab. platelets that Tim has used in his Those who couldn’t make the June treatment, and that others need. 18 blood drive were encouraged to The goal of the drive was to collect donate at other locations, including 40 units of blood, but coordinator the Central Blood Bank’s community Mike Stewart was confident that goal donor centers in New Kensington— would be surpassed. According to the thanks to the efforts of WBA member Central Blood Bank’s Dave Metz, Bob Liotta—and Greensburg, and the Mike was right to be optimistic. “We Ligonier Country Club. collected 101 units during the drive, of which 14 were Double Red Blood Cell donors,” he said. “We had 109 people who signed in to donate and we had L 13 deferrals.” The drive also offered Blood drive coordinators donors the opportunity to join the Mike and Karen Stewart Jim Conte, Judge Marsili, Be The Match Registry ™, the national with blood donors Doug and Don Rega Brian Cavanaugh registry for bone marrow donors, by Farrell and Dennis Rafferty.
John Peck Matthew Schimizzi Lisa Monzo PRESORTED STANDARD U.S. POSTAGE Westmoreland Bar Association PAID 129 North Pennsylvania Avenue GREENSBURG, PA Greensburg, PA 15601-2311 PERMIT #678 www.westbar.org
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
AUGUST 9 Membership Committee, Noon • The 12-step recovery 23 [CLE] Video Compliance, 9 a.m. Young Lawyers Committee, meeting, exclusively for to 4:15 p.m. 4:30 p.m., J. Corks, Greensburg lawyers and judges, is in 25 Young Lawyers Softball Game 11 Fall Gathering, 5:30 p.m., downtown Pittsburgh every with the Young Lawyers of Greensburg Country Club Thursday at 5:15 p.m. For the exact location, call Washington County, 6:30 p.m., 15 Young Lawyers CASA Washington Park, Washington, Pennsylvania Lawyers Fund-Raiser, 5:30 to 8:30 p.m., Concerned for Lawyers at Pa. The Headkeeper, Greensburg 31 1-800-335-2572 . [CLE] The E-Discovery Process, 16 Elder Law & Orphans’ Court Noon to 1:15 p.m. • LCL has a new website at Committees, Noon www.lclpa.org . Attorneys SEPTEMBER 21 Family Law Committee, Noon and judges will find informa - 6 Courthouse closed in observance 24 Red Mass, Noon, Bishop Connare tion on how LCL can help of Labor Day Center them, a member of their 7 [CLE] Basics of Workers’ family or a colleague who Compensation for Beginners, may be in distress. It is Noon to 1:15 p.m. confidential and easy to navigate. Visit it today. 8 Real Estate Committee, Noon • Lawyers Confidential Help Line: 1-888-999-1941 . Operates 24 hours a day. www.facebook.com/westbar