the bar

Back issues from 2000 to the present and a comprehensive, searchable index are available THE NEWSLETTER OF THE online at www.westbar.org/thesidebar. sideWESTMORELAND BAR ASSOCIATION VOLUME XXIX, NUMBER 6 JANUARY 2018

The End of An Era

Editor’sReflections note: The Hon. Richard E. McCormick, on Jr., retired fromMy the Court Career of Common Pleas of Westmoreland County effective January 8, 2018, after twenty-seven years on the bench. He is continuing as a Senior Judge. My Kemo by The Hon. Richard E. McCormick, Jr. the lawyers and judges who inhabited Sabe those courtrooms, back when the trial ou might say I was raised in the was more often a means where disputes by Beth Orbison, Esq. Courthouse. and accusations and passions were When my Dad was elected by resolved. This is where majesty and uesday, January 9, 2018, marked Y the end of an era: it was the the Judges and the voters to be District absurdity met in the matters of the first day in 52 years that a Attorney and Judge, we (all eight of T theft of a $1.50 hoagie. I’m still not Richard E. McCormick was not sitting us eventually) were often told to go sure whether the Honorable Donetta on the bench of the Court of Common to a doctor or dentist Ambrose was overcome Pleas of Westmoreland County. appointment after school with hysterical laughter at Following in the footsteps of his and then meet our Dad the price, or the prosecutor’s father and namesake, Judge Richard at the Courthouse for a mispronunciation of the E. McCormick, Jr., took the bench in ride home. We loved it name of the sandwich. June of 1990, when Governor Robert there. His secretaries and This was where a P. Casey appointed him to fill the detectives and law clerks guilty verdict was met vacancy created by Judge Hudock’s and tipstaves were wonder- by a suicidal slashing of the election to the Superior Court. Judge McCormick went on to win the ful and fun and usually had defendant’s own throat and candy. Sometimes a trial election in November 1991, was more blood than a butcher retained in 2001 and again in 2011, or a hearing was being shop. The first and second and was elected President Judge by conducted and we could The Hon. Richard E. and last responders saved his peers in 2014. observe lawyers ply their McCormick, Jr. his life. Born in 1950, he grew up in trade and defendants being This was where a battered woman Greensburg, the son of Judge Richard handcuffed. Dad once warned us of was vindicated in the killing of her E. McCormick, Sr., and Beatrice the fires of hell as we stood next to the battering husband. (Sweeney) McCormick, and the eldest coal-fired furnace in the basement. This was where justice was done of eight children. Working summers It’s no wonder that four of us made or performed or just occurred, take as a ditch digger for the water careers under the Dome. your pick. authority impressed upon him the merits of higher education. So upon After I’d finally finished college and I tried 75 jury trials to verdict as law school, I came home to roost, as a graduating from Greensburg Central a Public Defender, made a legion of Catholic High School, he attended public defender, once again in thrall of friends and colleagues, among them continued on page 16 the machinations and performances of continued on page 15

Trial Jury Bench/Bar To-Wit: IN President’s Academy Trial Returns to by S. Westmoreland THIS 2Message 3 Turns 50 5 Verdicts 7 The Wisp 9 Sponte 11Revisited ISSUE 2 bar • side JANUARY 2018

President’s Message

Beby TimothyPrepared C. Andrews, Esq. o attorneys ever retire? Of longevity in certain areas of the world. when I first heard this—have a fair course, the answer is yes. The almost-universal finding of the amount of money in their escrow DHowever, through my years of study was that in areas where people account that is payable to their firm practice there has been discussion tended to live into their late 90s, or or themselves. If you pass away or are amongst many of my colleagues about even over 100, are societies where forced out of practice and cannot deal how few attorneys actually fully retire oftentimes there is not even a word to with the situation, then that money and leave the practice of law altogether. describe true retirement. When people can be lost to your family and to you. It’s certainly much more common reach an age where they may no longer There are many other things that for attorneys to continue to practice be working, they are part of a culture would be helpful in allowing someone until the point where where they contribute in many other else to wind down your practice. they either pass on ways including caring for grandchildren, Unfortunately, I am not well-equipped to that great sidebar or servicing the community. The fact to review all of those in a President’s in the sky or they that we are all lucky enough to be in a Message. I am able to say that one of are just physically profession where we can continue to our members, Jim Kelley, has brought and/or mentally work as we age I believe assists us in this up to me and has indicated a unable to continue. striving for a long willingness to I’m certainly not and productive life. be involved in here to espouse The caveat to We may not always move a committee either option. all this is winding and think as quickly as we to establish I’ve thought for down a practice did when we were young, information and/or many years that I would never retire is something that practices to help but maybe just slow down to more of a lot of us don’t but our experience over older attorneys deal a part-time country-lawyer practice. consider since all those years oftentimes with winding down I have recently considered the idea of we believe we’ll more than makes up for their practices. I’m at some point fully retiring. Perhaps continue to grateful to him and it’s just as we age we become more practice for a long those aging issues. anyone else who enamored with the idea of full-time time. Obviously, participates in leisure. Having said that, I still believe we will all stop practicing in one way establishing some type of procedures it’s more likely that I will—like so or another at some point. Since we for the members of our association many of you—continue to practice know this will come in the future, to access when they feel it is time to as long as I can. it is important that each of us make consider preparing for that day when We are lucky to be in a profession preparations for that day. If you are we all must stop the practice of law. where we have that option. As attorneys, planning to slowly eliminate your Hopefully, there will be a time when we can generally continue to practice as practice, it becomes easier as you can taking over someone’s practice and long as our minds allow us. The added notify clients, close out files, deal with winding it down for them based upon advantage is even a part-time practice accounts, phones, etc. The problem some sudden tragedy will be much can yield financial benefits. In my arises when we are forced out of the more efficient and helpful to the clients opinion, the other great benefit is that practice suddenly for some reason. and to the attorney and their families continued practice in our profession If you fail to make even reasonable than sometimes occurs currently. allows us to remain active both and basic preparations for that day, In closing, I am hopeful and mentally and physically, which keeps someone else is left with a mess. That I wish that each of you have the us sharp in both of those areas. We can be harmful to you, your estate, opportunity to engage in a long and may not always move and think as your family, and your clients. productive practice of our profession. quickly as we did when we were young, So what can we do to prepare? As the Boy Scouts say, however, but our experience over all those years There are obviously many things “Be Prepared!” I oftentimes more than makes up for to consider. It was brought up in a those aging issues. recent CLE that one thing is to deal I read a study some time ago that with is your escrow account. Some was done regarding the tremendous attorneys—more than I thought bar 3 JANUARY 2018 side • Westmoreland Academy of Trial

Lawyersby Pamela Ferguson, Esq. Celebrateshanging out his/her shingle. Since 50 Years more cases went to a jury and civil n October 7, 2017, thirty trial terms were limited to three per members and guests of the year, civil litigators were in court a OWestmoreland Academy of lot. As a result, in 1967, A.C. Scales, Trial Lawyers met at Ligonier Country R.W. Smith, Avra Pershing, and Club to celebrate their organization’s Christ. Walthour decided that 50th anniversary and Westmoreland County needed an to recognize their only organization for civil litigators to surviving founding exchange ideas, educate inexperienced member, John Scales. lawyers, encourage collegiality, and The youngest of the offer legal representation to those in original fourteen our community who were financially members1, John constrained. Thus the Westmoreland jokingly claims that County Academy of Trial Lawyers his invitation was due was formed. The Westmoreland Academy of Trial to his father’s position According to the minutes of the Lawyers recognized founding member on the organizing first meeting, held at the Elks Club in John Scales at their 50th anniversary Pamela Ferguson committee. Nepotism Greensburg, membership was limited celebration in October. notwithstanding, John’s inclusion to 25, by invitation only2; meetings was certainly warranted. With an were to be held quarterly; and Avra The current membership roll (see undergraduate degree from Yale Pershing, A.C. Scales, Ned J. Nakles, page 4) contains legacy, senior, and and a law degree from Harvard, John and Christ. C. Walthour were elected female members, reflecting our Bar returned to western Pennsylvania in to the first officers’ positions of Association’s respect for tradition and 1958 to practice civil law with his president, vice president, secretary, and society’s changing views. Dwayne Ross, father, A.C. Scales. treasurer, respectively. While there were the Academy’s president, lamented the Civil litigation was a very different no gender restrictions in the bylaws, difficulties experienced by the current animal fifty years ago: There were all the original members were men. members: “The purpose of our organi- no depositions, no interrogatories, no Comprising only 4.6% of all law school zation is to preserve trial by jury; but it’s Independent Medical Examinations, graduating classes in the late 1960s3, getting harder to do. There’s a paradigm and no settlement conferences. Out- women did not have a presence in civil shift in civil litigation that has signifi- of-county lawyers couldn’t practice in litigation in Westmoreland County. cantly reduced the number of cases we our county without association with a try. For many, it’s too expensive to try local attorney and a young lawyer was 2 Invitations were extended to Paul M. cases: expert fees average $400 an hour; required to work with a mentor before Robinson, Robert W. Smith, Jr., Joseph M. doctors are charging exorbitant fees Loughran, Vincent E. Williams, Daniel J. Snyder, for letters and depositions; and jurors Jr., George W. Lamproplos, Joseph K. Bonidy, want to be entertained with PowerPoint 1 A.C. Scales, Avra Pershing, Jr., H. Reginald Frank P. Gzerski, Jr., Irving M. Green, and B. Belden, Edward B. Doran, Christ. C. Walthour, Jr., Earnest Long, to bring the total membership to 24. presentations and photographic Myron L. Lamproplos, Carl E. Fisher, Henry B. 3 American Bar Association, “First year and displays on large screens.” Waltz, Jr., B. Patrick Costello, Edgar P. Herrington, total JD enrollment by gender 1947-2011.” There As technology continues to advance Jr., Ned J. Nakles, Charles E. Marker, Bernard were only five women in John Scales’ law school Redlich, and John Scales attended the first meeting class; among them was U.S. Supreme Court Justice and change, the prospects of cases on March 10, 1967. Ruth Bader Ginsberg. continued on page 4

the the sidebar is published bimonthly as a service for EDITORIAL BOARD bar members of the Westmoreland Bar Association. David J. Millstein, Esq., Editor Letters to the Editor should be sent c/o WBA, 129 The Hon. Daniel J. Ackerman, Head Cheerleader Northside Pennsylvania Avenue, Greensburg, PA 15601-2311, fax 724-834-6855, or e-mail [email protected]. the sidebar welcomes submissions from Pamela Ferguson, Esq., George C. Miller, Jr., Esq., Emily members or non-members. Please submit to the Articles Editor, c/o WBA. Shaffer, Esq., Susan C. Zellner, Associate Editors Back issues from 2000 to the present and a comprehensive, searchable index Diane Krivoniak, Managing Editor are available online at www.westbar.org/thesidebar. 4 bar • side JANUARY 2018

Westmoreland Academycontinued from of page 3 Trial Lawyers

Celebratesbecoming more affordable diminishes. 50 The Yearseffect of this shift In recognition of the Academy’s fifty years and to satisfy is apparent in the difficulties the nominating committee has one of his goals as president, Dwayne is collecting short experienced in recommending new members who satisfy stories from the members to compile a booklet for posterity. the requirements set forth in the bylaws: practicing law for This shouldn’t be difficult because one thing that hasn’t a minimum of eight years and principally engaging in civil changed in fifty years is that lawyers love to tell war stories. trial practice for a minimum of three years. Unlike their Whether it’s the crazy client, bizarre facts, or courtroom predecessors, whose bloopers,b lawyers enjoy competition for cases Current Members of the tellingt a good story. remained within the Westmoreland Academy of Trial Lawyers John Scales is no confines of our county’s exception.e His story about border thanks to the local Maria Altobelli Timothy Maatta* tryingt an eminent domain rule requiring outside James Antoniono* Patrick Mahady* casec in 1960 depicts a time counsel to associate with Jack Bergstein* Bernard Matthews, Jr. whenw the ties to a commu- local counsel, today’s civil Alan Berk* Bruce Mattock nityn were so important litigators’ competition Richard Boyle, Jr. Bernard McArdle* thatt even in the throes of Kenneth Burkley* William McCabe exceeds county lines. adversitya and competition, John Campfield* Jeffrey Monzo Without rules restricting Anthony DeBernardo, Jr.* Ned Nakles, Jr. lawyersl were able to take practice within defined Dara DeCourcy* Joyce Novotny-Prettiman a break and express their counties, larger firms from Lee Demosky John O’Connell, Jr.* pridep for the hometown Pittsburgh—with greater Trent Echard Thomas Pellis tet am. John found himself in resources to absorb the Gary Falatovich Thomas Plaitano, Jr. trialt during the 1960 World exorbitant costs associated Michael Ferguson Vincent Quatrini, Jr.* SeriesS and the judge, along with trying cases—have Kenneth Ficerai Dennis Rafferty* withw everyone else in the attracted both insurance Christopher Fleming* David Regoli courtroom,c were ardent companies historically James Fox Donald Rigone* PiratesP fans. With tickets for represented by local counsel, Richard Galloway* David Robinson* thet sixth game in hand, the and Plaintiffs who, unable Timothy Geary* Dwayne Ross judgej closed court and he Duke George* John Scales** to front costs, are looking anda the lawyers headed for Thomas Godlewski* Patrick Shannon* for firms that guarantee “no John Greiner Bernard Shire** thet ballpark. The next day, money unless we get money Melissa Guiddy Mark Shire courtc remained in session; for you.” With fewer cases, Kim Houser James R. Silvis* however,h newly placed on higher costs, and more Daniel Joseph* Dennis Slyman* counselc table was a small competition, local, small- Lawrence Kerr Thomas Smith* blackb and white television. town civil litigation firms Robert King* George Stewart* AsA the lawyers closed and are facing obstacles not in Timothy Kinney Margaret Tremba thet judge instructed the existence fifty years ago. Jon Lewis* Susan Williams jury,j the game played in Despite these changes, B. Earnest Long** Denis Zuzik* thet background, affording the needs of current civil Wesley Long* (*senior member) everyonee an opportunity to Larry Loperfito (**legacy member) litigators remain the same: sees Bill Mazeroski hit the education, collegiality, and game-winningg home run. community service. Regardless off whetherh h theh emphasish i AsA theh current membersb off theh Academy and its officers is on trial or settlement, inexperienced lawyers need the —Dwayne Ross, president; Maria Altobelli, vice president; counsel of more experienced lawyers and all lawyers need Michael Ferguson, treasurer; and Margaret Tremba, secretary the camaraderie of their colleagues. While it is no longer —look to the future to determine how to remain relevant in commonplace for members to leave Academy meetings this rapidly changing litigation environment, they may con- and gather around the poker table until the wee hours of sider John’s words of wisdom: “I am proud to be a member the morning (as the founders did), today’s members have of the Academy and to belong to such a group of committed, many opportunities to enjoy each other’s company over excellent lawyers who gain satisfaction from knowing they fine wine and good food. Paradigm shift aside, the founders’ are doing something right and good and who share with intent remains the same. other lawyers the ability to do something worthwhile.” I bar 5 JANUARY 2018 JURY TRIAL side • Defendant Groff was present at trial NOVEMBER 2017 TRIAL TERM f the sixteen cases listed VERDICTS and unrepresented by an attorney. She for the November 2017 did not file any responsive pleadings or OCivil Jury Trial Term, three offer a defense during trial. settled, ten were continued, one was The jury returned a unanimous transferred to arbitration, there was verdict in favor of Plaintiff, finding that by Emily Shaffer, Esq., one summary jury trial, and one jury Beth Orbison, Esq., and she was not negligent in her actions. trial was held. Leeann Pruss, Esq. The jury found Defendant Groff 60% at fault and Defendant Dougherty ABIGAIL MORTENSON, A MINOR, 40% at fault for Plaintiff’s injuries. BY AND THROUGH HER PARENTS Plaintiff was awarded $24,760.86 for AND NATURAL GUARDIANS, Economic Damages and $14,500 for Accordingly, Plaintiff, by and ROBERT MORTENSON AND Non-Economic Damages. MELISSA HOLMES, INDIVIDUALLY through her parents, Robert Mortenson Trial Dates: November 14-16, 2017 V. and Melissa Holmes, filed this lawsuit Plaintiffs’ Counsel: James C. Heneghan, HARRY DOUGHERTY against Defendants alleging negligence Edgar Snyder & Associates, Pgh. AND LYNNE GROFF and requesting monetary damages for Defendant’s Counsel: Dwayne E. NO. 3032 OF 2014 the injuries sustained by the minor Ross, Reeves and Ross, Latrobe Cause of Action: Negligence Plaintiff. The injuries complained Trial Judge: The Hon. Anthony G. On July 31, 2013, Plaintiff Abigail of were permanent scarring and Marsili Mortenson was walking between the psychological and emotional damage. Result: Verdict in favor of the residences of Defendant Lynne Groff Defendant Dougherty alleged Plaintiff. and Christina Falcone. While doing that he was not responsible for the so, Plaintiff was bitten by a pit bull incident as he did not own the dog, JANUARY 2018 TRIAL TERM dog owned by Defendant Groff, and therefore denied liability. He also f the nineteen cases listed for who was renting the property from its alleged that the Plaintiff was negligent the January 2018 Civil Jury owner, Defendant Harry Dougherty. in her own actions and that Defendant OTrial Term, six settled, and Plaintiff was 8 years old at the time of Groff was negligent as the dog was in thirteen were continued. No jury trials the incident. her control. were held. I 6 bar • side JANUARY 2018

Newhe following Member new members have been approved Sketches Foundation’s Pro Bono Program. Amanda is the law clerk by the Membership Committee and Board of for The Hon. Meagan Bilik-DeFazio. Directors. has joined the WBA as a T JEREMY S. SAMEK was admitted as a participating JOHN W. AMENT participating member. Jeremy earned his bachelor degree member of the WBA. John received his bachelor degree from Liberty University and his J.D. from the University in operations management from Indiana University of of Pittsburgh School of Law. He is an attorney with the Pennsylvania, and his master and juris doctor degrees from Pennsylvania Family Institute & Council in Harrisburg. Duquesne University. He is a principal at the Ament Law has been admitted STEPHANIE NICOLE SMITH Group in Murrysville. as a participating member of the WBA. Stephanie has been admitted as a JOSEPH BAUGHMAN received her bachelor degree in psychology and criminal participating member of the WBA. He earned a bachelor justice from Liberty University, and her juris doctor from degree in crime, law, and justice from Penn State University, Duquesne University. She is a sole practitioner in North and his J.D. from Tulane University Law School. Joe is an Huntingdon. I attorney with Laurel Legal Services in Greensburg. has joined the WBA as ALEXANDER F. GUMINSKI an associate member. Alexander earned both his bachelor degree in political science and his J.D. from the University of Pittsburgh. He is an associate with Sommer Law Group in LawwSpeak Pittsburgh. “A society in which men recognize no check was admitted to the WBA as a upon their freedom soon becomes a society AMANDA KURTZ participating member. She earned a bachelor degree in where freedom is the possession of only a savage few; as we have learned to our psychology from the University of Pittsburgh at Greensburg, sorrow.” and earned her J.D. from Duquesne University School of Law, performing her internship at the Westmoreland Bar Learned Hand, The Spirit of Liberty, 1944

LAWYERS LOUNGE COURTHOUSE SUITE 403 No clients, no nonmembers. Just you, your WBA colleagues, the peace, and the quiet. Stop by, punch in your PA ID#, and enjoy!

résumés wanted! Looking to hire or be hired? The Westmoreland Bar Association operates an informal placement service for paralegals, legal secretaries, and attorneys by collecting résumés and forwarding them to potential employers at no cost. Contact the WBA at 724-834-6730 for more info.

IN MEMORIAM

Have you considered a contribution to the Westmoreland Bar Foundation in memory of a deceased colleague? For information, contact Executive Director Diane Krivoniak at 724-834-6730 or [email protected]. bar 7 JANUARY 2018 side •

Bench/Bar Returns to The Wisp!

Newly renovated, with golf, hardly recognize the place. And A group dinner is planned for whitewater rafting, an outdoor if you have not yet been to a anyone arriving on Wednesday fire pit, yurt dining, escape Bench/Bar Conference, then this evening and we are planning rooms, a mountaintop roller could be your year. a post-dinner scavenger hunt coaster, and so much more. We will kick off the conference for those more adventurous on Wednesday, June 13, with a attendees. he WBA is headed back welcome reception in the centrally Thursday activities will begin to The Wisp in 2018 for the located hospitality suite. The suite with our customary group hike. Tannual Bench/Bar Conference! is a short elevator ride up to the One of the hike options this year It’s been 11 years since we held a 2nd floor (no tripping through the includes a trip to Swallow Falls, conference at The Wisp and since darkened yards and parking lots which is a 10-minute drive from then, The Wisp Resort has had a from previous Wisp conferences!) the resort. If you have never seen multi-million-dollar face-lift. If you and has plenty of room—and continued on page 8 were with us in 2007, then you will comfortable seating—to relax and gather with new friends and colleagues on both Wednesday and Thursday evenings. 8 bar • side JANUARY 2018

Bench/Bar Returns to The Wisp! continued from page 7 these falls it is worth the drive. include 1-1/2 hours of practical suite will be open until someone The 1-1/4-mile trail features some advice for the digital-age attorney. calls “Uncle!” of the most breathtaking scenery The member-favorite vendor Friday’s events include the in Western Maryland including a hours will begin immediately after Judges’ State of the Courts CLE 53-foot waterfall. the CLE programming and will and a one-hour malpractice Thursday golf is planned at feature complimentary beverages seminar. Before the conclusion the new Lodestone mountaintop and appetizers with plenty of of the conference, we will award course. A modern trail-style golf opportunities to meet and greet the grand prize giveaway—an course whose design was dictated the many businesses that provide overnight package at The Wisp. by the mountaintop terrain and services to our members. The Look for your invitation in shaped by three-time U.S. Open networking reception and dinner early March. Until then, add the Champion Hale Irwin, Lodestone will be housed at the newly Bench/Bar Conference to your Golf Course is the #2 ranked public constructed yurts(!) and should calendar for Wednesday, June 13, golf course in Maryland. provide a unique dining experience. through Friday, June 15, 2018. I Many other options may be The evening will offered as event registration gets continue with closer, including whitewater rafting, music and ropes course, geocaching, escape drinks outdoors room, chairlift rides, and even a at the newly mountaintop roller coaster. All are built fire pit. new to this year’s location and The hospitality available during our stay. Thursday’s complimentary buffet luncheon is included in the registration fee and will be centrally located next to the registration area and CLE seminars. This year’s CLE includes a one-hour introduction to Tai Chi/Yoga. Attendees of all fitness levels are encouraged to participate (and yes, this qualifies for CLE credit). The second half of Thursday’s CLE will bar 9 JANUARY 2018 side •

To-Wit:Author’s note: From time to time, The confrontation. Shootist I stare into his eyes and complexity we’re particularly when I can’t think of see sadness, the sorrowful markers of a hired to ignore. anything new to write, I reread some of soul all too accustomed to this deadly I represented a my earlier pieces and think “Golly gee, I dance and weary of it to the bone, and landlord to evict could have written that one better.” This I wonder what he sees in mine. an impoverished has always been one of my favorite pieces, family who had and now, revised, I think it’s even better. fallen behind in As I get closer to the end of my writing What does it mean, you their rent, the career, please indulge me in this repetition; may wonder? It means result of both I love this thing. that I’m going to work out recent unemploy- ment and the burgeoning financial by S. Sponte, Esq. yet another one of my strain imposed upon them by what neuroses on you, that’s they professed was their obligation hey come every night. what it means. to feed and clothe their three small Sometimes it’s John Wayne, children. Tsometimes Gregory Peck. My client was buying none of that, Each night it’s a different actor from a One of us says “draw” and does, and instead he bought me. I was to different Western, and each night we the other one wakes up, sweating collect the back rent with interest, act out the same familiar scene. cold bullets. What does it mean, you to collect all future rent due by the We stand face to face on a dusty, may wonder? It means that I’m going acceleration clause in the lease and deserted street in a dusty, deserted to work out yet another one of my to regain possession of the inner-city town. We are alone but for the dust, neuroses on you, that’s what it means. hovel they would not for some reason the horseflies, and the road apples, all These recurrent nightmares all vacate with glee. As soon as the retainer that remains of the high noon bustle started when I undertook a new case, check cleared, I loaded my briefcase just now scattered by our ominous a simple case, yet interspersed with a continued on page 10 10 bar • side JANUARY 2018

continued from page 9

To-Wit:with pleadings and went The out on the Shootistinventory; their household belongings He was right, of course; I hadn’t hunt for justice. were worthless and their car was an old, done my job. I had let my own Some weeks later, I had the dilapidated Pontiac Aztec, also worthless mawkish sentimentality interfere with defendants cornered in the local and a car so ugly that for just a moment my professional responsibility. In the magistrate’s office. They begged the I thought I was doing them a favor. heat of battle, I flinched, and there are judge for mercy, offering up that old, That night Alan Ladd called me an awful lot of lawyers out there who singsong “where can we go” refrain, a varmint. I wanted to shoot him, I would have simply shot me where I but it was not an okay chorale. After really did, but he was unarmed. He stood. This time I just got fired; the the smoke cleared, I had a judgment for was also really short. I might have shot next time I might not be so lucky. the rent and a writ of possession, and him anyway, but he sneered at me in a Last night they all came, even they had 30 days to get out of town. leading-man sort of way, and I was so Randolph Scott. They filed past That night, at high midnight, it was stricken with shame I couldn’t move. me one by one, their guns holstered, Gary Cooper. He stared at me with As he rode off into the sunset, I called each in turn placing a hand upon my contempt, as if I were Jack Palance or after him “shame, shame,” but he never shoulder, each in turn gazing at me Lee Van Cleef, for heaven’s sake. I answered. with a pathos that pierced my heart. slapped leather, he didn’t move. I shot The next morning, I called my client. There was a time I would have shot him, he didn’t fall. He just stood there “Listen,” I said, “I can’t do this. These them all; now I merely acknowledged scowling at me for the longest time, people have nothing. Why not just give them with a certitude that having thus then turned his back and walked away, them some time to find another place flinched once, I would surely flinch boot heels slowly clomping on the to live and let it go at that?” again. When that time comes, some wooden sidewalk, spurs forlornly “That’s really touching,” he replied. colleague will assuredly fire off a fatal jingling in the dusty, desiccated air. “I’m truly moved by your kindness pleading aimed right at my heart and In due course, I sent out a constable and sensitivity, and that’s why I’m not for all I know, it may already be headed to evict them and sell their personal going to report you to the Disciplinary in my direction. property. He brought me back the Committee.” © 2018, S. Sponte, Esq. where in the world ISIS THETHE WBAWBA MEMBER?MEMBER?

This October, my husband, Greg, and I took a 23-day cruise on the Pacific Princess. We started in London, and boarded the ship in Dover, England. We had stops at Gibraltar, Barcelona, Spain, where we toured the famous Antoni Gaudi Architecture (at right), Chios, Corfu, and Rhodes, Greece, Rome, Capri and Sicily, Italy, Montenegro, Monte Carlo, Monaco, Croatia, Slovenia, various stops in France and ended in Venice. —Mary Ann Petrillo

BARCELONA, SPAIN bar 11 JANUARY 2018 side •

Westmoreland Revisited Westinghouse and the Traffordby The Hon. Land Daniel J. Ackerman Rush

ne hundred and fifteen years utilities, sewage, transportation Westinghouse subsidiary, the British ago, the following advertise- (made possible by the formation of Westinghouse Electric Company, Oment appeared and would the Westinghouse Inter Works Railway created in 1900. In two years, its continue to run for five days in every Company and the building of a steel 6,000 employees were newspaper in western Pennsylvania: viaduct 1,000 feet long to facilitate producing turbines and traffic between the new town and generators in what was Pitcairn), as well as park space for considered Britain’s MONDAY, JUNE 2, 1902 recreation. Even the smallest details, most important The coming great Westinghouse such as withholding three lots from the engineering facility. Industrial Community sale to be rented to the clergy, were not As the newspaper TRAFFORD CITY overlooked. Of course, before any of advertisement Will be born Saturday, June 7, these proposals were implemented, suggests, it was 1902, with Grand Opening Westinghouse lawyers were busy impossible to keep sale of lots and Free Excursions examining titles and procuring such an endeavor Free Tickets for this Excursion are options to 600 acres of land, while under wraps, and now being distributed. The Hon. Daniel J. simultaneously engineers and architects those serious about Ackerman People interested in visiting were engaged in designing the town, its relocating, as well as speculators, made this property should call or send in public buildings, and the large complex a studied effort to position themselves their applications at once. We will for Westinghouse’s Trafford Works that to grab the most desirable lots. try to answer letters but owing to would house a foundry, the reason for Arriving days in advance of the sale the tremendous correspondence the town’s existence. was not considered foolhardy, and received even before the sale was The name Trafford City, later when dawn broke on Saturday, the announced, we will ask all living shortened, was borrowed from 7th, with an overcast sky and periods near Pittsburgh to come in person. Trafford Park in England (part of the of rain, some 200 prospective buyers, The first section of chartered Greater Manchester area), home to a continued on page 12 train from Pittsburgh will leave at 9:00 A.M., City time. The sale will occur rain or shine. No lots have been nor will be sold before the opening day. The Plan would be half sold off even before now were it not for our “Helping You Control resolve to give investors an equal Your Health Insurance opportunity to push in and get Costs Since 2002” first choice. As an independent health insurance The land advertised, at the junction broker, we are able to shop carriers and plans every year. Our job is to of Brush Creek and Turtle Creek, was ensure you are getting the best price and coverage for you and your clients. seventeen miles east of Pittsburgh at a Your goals are our #1 priority! We have been the health insurance broker stop on the Pennsylvania Railroad line of the Westmoreland Bar Association and members since 2008. known as Stewart’s Station. That the What We Offer: For a Free Quote Call or E-mail Today: ground, which covered a square mile, • Small Group Plans Bob 724-312-3454 had been cleared and laid out in lots, • Medicare Advantage Plans Valerie 724-312-2762 as well as a factory site, was due to the • Individual Plans E-Mail [email protected] vision of George Westinghouse. His • Supplemental Plans Web www.rjswanninsurance.com plan was all-inclusive, covering streets, 12 bar • side JANUARY 2018

Westinghousecontinued from and page 11 the Trafford

Landwho had been in Rushplace all or part of more than 100 agents and a flow of rain drenched the crowd, whose feet the night, waited patiently, or not thousands of buyers? Winking at the churned the clay streets (which would so patiently, in front of an old brick paper’s likely hyperbole, it is safe to be all of them, except two) into mire. farmhouse. The farmhouse was the say that there were more than enough Inclement weather, however, was no temporary headquarters for the Real people present to make the sale a match for the desire to buy, or to buy Estate Trust Company, the enterprise success. and resell. The newspaper reported: entrusted to conduct the sales. The Chronicle Telegraph estimated “As one made a sale he would make a Hours earlier, shortly after that the two sections of the special train mad rush for the front porch, where a midnight, some anxious potential from Pittsburgh delivered 2,000 people, crowd of half a hundred was lined up buyers, who had camped out on the and that those arriving from the east, tightly before two windows where lots of their choice, began banging on from points such as Greensburg and cashiers of the company were receiving the door, demanding commencement Uniontown, swelled the crowd to first payments.1 Time was precious at of the sales, since they had been nearly 5,000. A special train with 13 advertised to take place on June 7. passenger cars departed Altoona that 1 Available sources fail to disclose the amount or The next day, The Pittsburgh morning carrying 300, picking up percentage required for down payments. It is clear, Chronicle Telegraph reported to its more prospective buyers along the however, that during this same period Westinghouse readers that the Real Estate Trust way. Among the throng were many provided generous mortgage terms in the sale of Company engaged “100 or more Westinghouse employees, as their plants housing to its employees at its Air Brake Works in Wilmerding; a one-fifth down payment on a agents,” and, “into this house there in East Pittsburgh and Wilmerding had five-year mortgage at five percent interest. And was a constant stream of people from shut down for the occasion. while it was expected that the purchaser would daylight until dark ... ,” which begs the The sale’s rain-or-shine ultimatum reduce the principal of the mortgage quarterly, payment amounts were not fixed, so the purchaser question: what manner of farmhouse tested the ardor of prospective could avoid payments on the principal, should he was this that could accommodate purchasers as frequent bursts of fall on hard times, by simply paying the interest. bar 13 JANUARY 2018 side • in 1888.3 Before his death in 1914 at age 68, Westinghouse could claim 361 patents and the formation of 60 companies.

THE WESTINGHOUSE LEGACY It was fifteen months after the sale, as the nascent town was taking shape that the first heat was drawn in the foundry. Its product was called grey iron, more commonly known as cast iron, which was molded to form machine housings, most of which would Outside (above) and inside (right) views of the Westinghouse be transported Foundry in Trafford. The plant consisted of an iron foundry, pattern by rail to the shop, brass foundry, power house, and laboratory. It closed in 1986. Westinghouse this point and not a little bad humor million (more than $3 billion today) Electric and Manufacturing Company’s was manifested.” and employed approximately 50,000 plant in nearby East Pittsburgh, then By mid-afternoon 700 of the 810 workers. By 1904, Westinghouse had thought to be the world’s largest and lots had been sold, with the remainder nine manufacturing companies in most modern workshop. There, its purchased before dark, for an estimated the U.S., one in Canada, and five 9,000 employees assembled, among total of $500,000 ($1,923,000 in in Europe. other things, giant generators and today’s currency). Lots on Cavitt and His passion for invention never steam turbines, some as big as your Brinton Avenues, which were paved, waned, and the home he named first house. The East Pittsburgh plant, were sought by business owners for Solitude—a Second-Empire-style with two million square feet of floor commercial purposes. mansion shared by his wife, space, would receive the larger castings Profits, however, did not have to Marguerite, and their only child, in its main aisle, 70 feet in width, and wait for development. It was said that George—on ten acres2 in North Point more than a third of a mile long, as a lot on the corner of Cavitt Avenue Breeze (Homewood) east of Pittsburgh, cranes capable of lifting up to 50 tons and Fourth Street bought for $2,500, was connected to his laboratory in scurried overhead. resold for $3,500 within an hour, the estate’s two-story brick stable by a By 1929, when Trafford celebrated which was not uncommon, for it 200-foot underground tunnel. the 25th anniversary of its incorporation was believed that ten percent of the By the time Trafford came into as a borough in 1904, the foundry’s purchases were promptly resold at a existence, Westinghouse had both 1,200 workers, in addition to making substantial profit. The Pittsburgh Press fame and public trust by reason of all the patterns for the molds, were gushed, “Trafford City seems destined his invention of the air brake in 1869, turning out 1,250 tons of finished iron to become one of the most thriving which dramatically reduced railway castings every month. The town also of Western Pennsylvania towns ... accidents and passenger deaths, and looked forward to the opening of All day long people remained in the the urban electrification of America Westinghouse’s new molded material town hoping there would be a chance through alternating current. plant for the manufacture of Micarta, a of someone giving up a lot.” Still, the The latter came only at the end of laminate used as an electrical insulator, economic results of that Saturday a marathon patent and public relations and later, among other things, as an would be dwarfed by what lay ahead. struggle with Thomas Edison, the interior lining in the steel helmets champion of direct current, who was continued on page 14 THE HOUSE THAT GEORGE BUILT vanquished only after Westinghouse George Westinghouse (1846-1914) obtained patent rights from the 3 For an interesting and enjoyable historical became one of the great inventors and eccentric genius, Nicola Tesla, for a novel centered on the “current war” between manufactures of that or any other age. Westinghouse and Edison, I can recommend polyphase system of alternating current Graham Moore’s The Last Days of Night, Random At the turn of the 20th century his House (2016). A forthcoming motion picture companies were worth about $120 2 Now Westinghouse Park. based on the novel is in production. 14 bar • side JANUARY 2018

Westinghousecontinued from and page 13 the Trafford

Landworn by our military, Rush The death of “the which would add 1,000 Westinghouse” was Westinghouse employees to prolonged and agonizing. the payroll. The economic Had it been issued a death horizon was bright and certificate it would have sustainable, and the Trafford read “multiple organ works, as well as other failure”: the loss of market Westinghouse facilities share in home appliances; weathered the Great an unanticipated jump in Depression, made major the cost of uranium, which contributions to the war the company had agreed effort, and prospered in the to provide for the nuclear post-war economy. By 1970, reactors it sold; an the town reached its peak unyielding commitment population of 4,383. In to increase the per-share those post-war years it value of its stock; entry would have been hard to find a family in Allegheny County into the financial and credit markets; poor real estate or western Westmoreland that did not have a relative who investments, particularly in Florida; and its 1995 purchase was employed at “the Westinghouse,” as it was often referred of CBS and the adoption of the latter’s name. to in the vernacular. The name Westinghouse is still present in the form of And then, the unthinkable. After 83 years, the Trafford Westinghouse Electric (recently purchased by Brookfield works closed in 1986, and the huge aisles in East Pittsburgh Business Partners, LP) in Cranberry, which designs and builds became silent a year later. nuclear power plants primarily for the overseas market. It echoes the old Westinghouse which was a pioneer in the field, whose Bettis Laboratories and Atomic Equipment Division in Cheswick gave birth to our nuclear navy in the 1950s. While preparing this article I decided to revisit Trafford, and my wife, Becky, and I stopped at Parente’s on Cavitt Avenue. The waitress, in response to my inquiry said she had lived in Trafford eleven years. I then asked if she knew where the old Westinghouse plant was. “A Westinghouse plant here?” she said, “I never heard of it.” I

SOURCES— Lowry, Patricia. “Vanished Westinghouse estate here yields some secrets,” Pittsburgh Post-Gazette. 2 May 2006. — Massy, Steve, “Who Killed Westinghouse?” Special Reports. Pittsburgh Post-Gazette. Web. 30 Nov. 2016. — “Purchasers Eager to Buy,” Pittsburgh Press, 8 June 1902. — Scales, John. Personal conversation. 19 Dec. 2016. — Seitz, Edward D. “History of Trafford.” 25th Anniversary and Old Home Week, 1904-1929. traffordhistory.org. Web. 3 Nov. 2016. — “The Westinghouse World - Inside an American Factory: Films of the Westinghouse Works, 1904.” The Library of Congress. Web. 3 Nov. 2016. — “They Visited Trafford City.” Altoona Tribune, 9 June 1902. — “Trafford Park.” Wikipedia. Web. 11 Nov. 2016. bar 15 JANUARY 2018 side •

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Reflections on My Career the least, and I had the best mentor anyone could ask for—my father. And Dan, and Donetta, and John, and Gary. As John is always saying, we had each other’s backs. I quickly learned what it was like to be a judge. • You sign your name a lot. • You have the power to change lives by signing your name. • All sides expect you to rule in their favor. Westmoreland County’s judges, 1997. • Ruling in everyone’s favor fellow defenders, private and public, read by my then-10-year-old son, is impossible. prosecutors, cops, defendants, experts, Richard, now a 37-year-old attorney • It’s interesting. Cyril Wecht MD, JD, and Dante in Vermont, and the family Bible was • It’s boring. Bertani, Esq., thorn-in-the-side- held by my mother and my daughter, I would look back, case extraordinaire. Susan. Their advice and support and by case, trial by trial and Without really knowing it, from love have been a big part of my life, reminisce, but then I’d forget a young age, I wanted to be a judge, especially the “last word,” from Kathy, something or someone. like my Dad. At our dining room table who is nearly always correct in her Suffice it to say that I’ve seen we talked about school and play and analysis and is always there for me in and heard and learned a lot. whatever sport was in season, and her support and love. We’ve gotten I’ve seen a lawyer’s boxers the criminal docket, just as they did through law school, two children’s when his pants fell down when my Dad was a kid at his father’s births, an election, cancer, prostate during his closing argument. table. We learned of Loughrans and and breast, leaky roofs, and a good bit I’ve heard a lot of unbelievable O’Connells and Prosperi and Nichols. of Europe, which we’ll try to complete testimony and arguments to Tim and I understood habeas corpus and go on to the rest of the world, match. And I’ve learned that about the same time as Maz hit his and Vermont, to see our grandsons, being a trial judge takes home run to win the World Series. Sebastian and Emerson. patience-patience-patience, As luck would have it, Joe Hudock When I became a judge we or at least the ability to realize was elected to the Superior Court, Bob handled both civil and criminal you are about to blow a gasket Casey was governor, and I received the matters, including trials. On Monday and to take a recess instead. appointment to fill Joe’s seat on the morning I could be doing a hearing I would humbly suggest that we are bench. Well, luck and some long-time on environmental issues in Yukon, not a nation of laws, but a nation of political alliances, OK? and in the afternoon handling dog people, and our laws, and those who Then there was this little thing law violation cases that originated interpret them, are meant to serve known as an election in 1991, when in Bolivar or Straw Pump. It was those people. my closest colleague, friend, and enlightening and broadening, to say I’m proud to have done so. I running mate, Debbie Pezze and I were elected. We’d teamed up before, notably in getting an acquittal in a battered woman syndrome homicide defense, and we were a team ever since, until her death from breast cancer last fall. We were each other’s best adviser, best example, and best friend. Most of all, we made each other laugh, a lot. When I joined the bench in 1990, I was sworn in by my father, robed by my wife, Kathy, my commission was One of Judge McCormick’s many winning Greensburg Salem Mock Trial teams. 16 bar • side JANUARY 2018

My Kemo Sabe continued from page 1

St. Bonaventure and then Duquesne University, where he majored in English. After college, he worked as an Adminis- trative Assistant for U.S. Congressman John H. Dent (1973-76) and then for the Pennsylvania Department of Revenue (1976-80), before deciding to go to law school. He graduated cum laude from the Duquesne University School of Law in 1980, and began his legal career working with the late Tom Ceraso, then joined Stewart, McCormick, McArdle Clockwise from left: Judge and Sorice as a partner. McCormick with Denis He also became a Zuzik, Ned Nakles, Jr., solicitor for the City David DeRose and Eric of Greensburg and Bononi. an Assistant Public Beth Orbison Defender, positions he up. Reflecting on his years in the P.D.’s your peers” system. He would remind me held from 1981 until his appointment to Office, he credits Tom Ceraso and Dante that, for the most part, the end results the bench. Bertani with teaching him the qualities were usually fair, even though the jury’s These biographical details may describe required of a good lawyer: empathy for verdict did not always appear to derive the “nuts and bolts” of the man, but they the less fortunate, tenacity, and a keen directly from the Court’s instructions. don’t adequately describe the Judge sense of upholding constitutional While sitting as a judge in the McCormick I’ve come to know and love principles. “What I learned from them, I criminal division, he took it upon over the last 22+ years as his law clerk. learned from the best,” he has said. himself to devise a system to clear up the Coming from a strong criminal defense However, lest you think he was soft snarled backlog of criminal cases. His orientation, he was not afraid to make on crime, the deputy sheriffs would success at this endeavor inspired Judge difficult and, sometimes, unpopular oftentimes report that defendants, while Blahovec to dub him “The Terminator.” decisions. He suppressed evidence when waiting in the holding cell to be brought But anyone who knows Judge it was unlawfully obtained; he questioned to the courtroom for sentencing, would McCormick knows that he’s not all work. the reliability of eyewitness testimony; groan, and for good reason, when Out of court, he enjoys a variety of he granted a new sentencing hearing to they found out Judge McCormick was extra-curricular activities. In his 20 a notorious killer who faced the death presiding. years as coach and mentor for the penalty; and he excluded expert opinions Despite my occasional skepticism, he Greensburg Salem High School Mock when the “science” did not back them defended the wisdom of the “jury of Trial Team, he repeatedly led the team to victory in the county-wide competition, and won four state championships. His love of music led him to be one of the organizers of Greensburg’s “SummerSounds Concerts in the Park,” and a member of its Board of Directors. He chooses musicians,

WBA President Tim Andrews, Laura Richardson, President Judge Richard E. McCormick, Jr., and Beth Orbison with the portrait of Judge McCormick that will hang in Courtroom No. 2 at the Westmoreland County Courthouse. bar 17 JANUARY 2018 side • negotiates contracts with band managers, and gets to hang out with the cool kids backstage. Every day at noon, you’ll find him at LaVita’s—Greensburg’s “Algonquin Round StepEditor’s note: The following Up remarks to were giventhe by Court AdministratorPlate Amy DeMatt Table”—having lunch, dishing the dirt, at Judge McCormick’s retirement tribute held on Thursday, December 21, 2017. and issuing his “off-the-record” opinions. He loves books, travel, and a daily fix by Amy DeMatt, Esq., habit of listening to Paul, right? If Paul of the N.Y. Times. When the weather Court Administrator shows up as your solicitor, people will allows, he enjoys golf at Hannastown continue to just listen to Paul—it’s Golf Club. But most of all, he loves his ’m here to talk about our mutual just their habit, and you’ll never earn family—wife, Kathy; daughter, Susan; friend, President Judge McCormick, credibility as court administrator, son, Richard; daughter-in-law, Sky; and or, as we say in County government, right?” I saw that he was right, and I grandsons, Emerson and Sebastian. I where acronyms rule, “the PJ.” It’s realized that I was not stepping up to As a boss, my co-workers and I cannot imagine a better man to work for. a curious story, how I came to be the plate. So I turned the volume down Having had an educated, independent, speaking to you tonight. But it’s on that voice of doubt, and in a small and hard-working mother—and a wife worth telling, because way, that moment who is cut from the same cloth—Judge it has a message for you, changed my life. McCormick has a genuine respect for too, that I hope will Judge McCormick For the past three women, generally, and particularly in affect you as profoundly taught me that years, I’ve met with the workplace. He welcomes both our it did me. Judge McCormick collaboration and our suggestions for Three years ago, I if you don’t do every morning at 8:30 alternative ways of resolving issues and had just been offered it now, and with a.m. It’s my pleasure doing the job. On those rare occasions the position of District tonight to celebrate when he and I have not seen eye-to-eye, conviction, you’ll Court Administrator. I with his many other he’s given me wide berth to voice my never do it. dissenting opinion … before reminding was sitting in the PJ’s friends a few of the me that he is the Judge. He has always office talking about the things I’ve learned over made each member of his staff feel terms of my employment. The PJ those three years. They are all forms of like a tremendous asset to him, and didn’t know this, but it had been the same basic lesson, which is: step up someone for whom he’s grateful. suggested that maybe I should hire to the plate. Beyond the professional relationship, my predecessor, Paul Kuntz, as my To anyone who knows him, this he’s been a close, personal friend to all solicitor. For those of you here who lesson is obvious in the PJ’s dealings of us: encouraging and recommending remember, Paul was widely respected, with people. He frequently brings us for advancement, supporting us in knowledgeable, and had something guests to lunch: interns, those who times of sadness and loss, and celebrating like 30 years of experience as a court have worked at the courthouse and in our joys and successes. We—Laura, administrator. So the longer the idea of return to say hello, and last year all Janel, Laurel, Janice, Judy, Cindy, Mary, hiring him as my solicitor percolated in of Judge Pezze’s staff, who would me, and all the others—could not want for a more loyal friend. my mind, the more self-doubt began to otherwise miss the Christmas lunch. The stars were aligned when he creep in. And the safer it seemed to me There’s never any fanfare associated picked me to be his sidekick—as he has to have someone to lean on in my new with asking. No seeking reimburse- called me, “the Tonto to his Lone position. I therefore was meeting with ments. The PJ just wants everyone to Ranger.” He is an honest, good man, and the PJ to ask his advice. feel good, so he pays for them to come I am grateful to have worked both for In response, the PJ had another along. And it’s interesting to watch the him and with him. I question: “Amy, everyone’s in the continued on page 18

PHOTOS FROM JUDGE MCCORMICK’S RETIREMENT PARTY CAN BE FOUND ONLINE AT WBAPHOTOS.SHUTTERFLY.COM. 18 bar • side JANUARY 2018

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Stepdynamic when this Up occurs. to Everyone the PlateI really think the genius of that floor. So to lead them to prosecute or else follows his lead, and becomes email was that it was written because defend an entire legal case with some more selfless and inclusive. But when Judge McCormick can take himself aspects that can’t be scripted, like it comes to things getting difficult, I lightly. So, I hope we all learn from his objections, is really impressive in don’t have enough fingers and toes to example to take a chance sometimes my book, and that type of record is tell you the number of times I’ve heard and be silly and adventurous and enjoy undeniably not a coincidence. him say, “Just put the blame on me.” life in the moment, because it’s short Four years ago I would have balked The PJ understands that with his role and it’s unpredictable and we’re put on at an invitation to speak here. But comes the ultimate responsibility, so he this earth to enjoy it and help others today I consider it an honor and never shirks it, which means that when enjoy it, as well. a responsibility, because Judge someone won’t be happy, he steps up to If you spend any time with the PJ at McCormick taught me that if you the plate to accept responsibility. all, you probably know that “step up to don’t do it now, and with conviction, Another version of his stepping up the plate” shows up in a number of you’ll never do it. to the plate is that he has the courage ways. Probably the best known is Judge There is something that I want to to be himself. I hope he won’t mind if McCormick’s winningest track record exhort you all to do in honor of our I tell you a quick little vignette: when of the Greensburg Salem mock trial friend, the PJ. Actually, two things: one I started my job, I took everything team. They’ve had a record of four state is to take a page out of the PJ’s book seriously—maybe a little too seriously championships, and have been runners and share with him something that he’s —and I lost my sense of humor. So, up twice, in roughly twenty years of done that’s positively affected you. The I’m reading my emails one day, and in coaching under Judge McCormick. I second is that you consider taking the response to my question, the PJ writes, don’t know if anyone here has children, advice I was given. We all have a thing “Proceed with all deliberate speed,” but it’s very difficult to motivate them or two that we don’t step up to the and then a parenthetical, “that’s my to pick their socks up off the living room plate on. I don’t know what it is for Captain Kirk from Star Trek impres- you, but I bet you do! sion!” And it was so ridiculous and so So, search yourself and do funny that it literally made me chuckle that thing that you treat as to think of it. though it’s not important when you know it is, and PHOTOS FROM JUDGE when you do it, don’t forget MCCORMICK’S RETIREMENT to think of our mutual friend, PARTY CAN BE FOUND ONLINE AT the PJ, who inspired it. WBAPHOTOS.SHUTTERFLY.COM. Thank you. I bar 19 JANUARY 2018 side • • Authorized Executive Director Board agreed to begin the search Krivoniak to send a letter asking immediately for Mr. DeDiana’s members of the WBA to attend replacement. Actions of and/or make a donation to • Voted to make a 5% contribution anniversary celebration of for each employee to the ABA the Board Laurel Legal Services, Inc. Retirement account. AUGUST 17, 2017 • Ratified the action that the WBA • Agreed to hire band for the Holiday • Voted to accept the Nominating board had agreed to send letter Dinner Dance at a cost of $1,000. Committee’s recommendation for to membership regarding the • Agreed to work on scheduling, Joseph Baughman as participating operational audit. with the assistance of Superior member. • Voted to begin to use ADP for Court Judge Jacqueline Shogan, • Adopted the 2017 WBA budget with online payroll of WBA staff. an en banc Superior Court session amendments. • Approved the installation of air in 2018 with the time and budget • Agreed to hold the joint judges/ conditioning and heat pump for to be determined at a later date. bar leaders meeting on November 8 bar association headquarters. • President Andrews reported that at 4 p.m. • Voted to hold the election to fill the Judicial Forum co-sponsored • Agreed to invite CPA Anzovino the Vice President’s seat at the by the WBA and the Chamber to the next WBA board meeting October 4, 2017, quarterly meeting. of Commerce will have Bruce to review the 990 and the 2016 • Acted on the Planning Committee’s Antkowiak serve as moderator compilation. recommendations. and also formulate the questions. • Voted to appoint Sister DiPietro to • Learned that the 2017 Bench/Bar Forum will be held on November 1, the LLS board to fill the unexpired Conference came in at about $6,000 2017, at the Seton Hill Center for term of Scott Avolio. under budget due to additional the Performing Arts. • Accepted Ms. Novotny-Prettiman’s vendor income and meal allocations. • Discussed possible Bench/Bar report on the review of the WBA Conference location for 2018 as bank statements. The Wisp in Deep Creek, Md. • Agreed to invite Mr. Kelley to SEPTEMBER• Voted on the 14, recommendation 2017 of • Heard report that Vice President the November board meeting WBA attorney Pat Iezzi and Executive election and CLE mailers/emails to discuss the LRS Committee’s Director Krivoniak to institute the were distributed. recommendations. ABA Retirement Fund Program for • Agreed to hold Judge McCormick’s the employees of the WBA. Retirement Party on December 21 at • Signed the Anti-Trust, Conflict of OCTOBER 19, 2017 • Treasurer DeDiana announced his Megan’s Suite. I Interest, and Lawyers Assistance resignation as Treasurer of the WBA. Confidentiality Agreement.

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CALENDAR OF EVENTS

All committee meetings and activities will be held at the WBA Headquarters unless otherwise noted. Visit www.westbar.org for more information about activities and CLE courses, or to register online.

FEBRUARY Courthouse closed in observance [CLE] Think Like A Bad Guy, 19 of Presidents Day 6 4 to 5:15 p.m., A&S Indoor Pistol [CLE] Going Paperless in the Range, Youngwood, 1S 20 Cloud for the Non-Tech Lawyer, How Stress [CLE] Trial Tips in Action, 5 to Noon to 1:15 p.m., 1S 7 Affects Lawyers 6:45 p.m., 1.5S [CLE] Trial Tips in Action, 5 to [CLE] Professional Safety 6:45 p.m., 1.5S Stress affects all people and 8 all professions. Stress in the Awareness Training, 1 to 4 p.m., Membership Committee, Noon Westmoreland County Courthouse 21 legal profession, however, is well-documented. Lawyers work Senior Judge Courtroom, 3S [PBI CLE] 19th Annual Estate & 22 Elder Law Symposium, 9 a.m. to in an adversarial system with Senior Lawyers Committee, 4 p.m. 4:10 p.m., 5S 1E demanding schedules and heavy workloads, which may contribute [PBI CLE] Internet Defamation, [CLE] Trial Tips in Action, 5 to 9 8:30 to 11:45 a.m., 3S to increased stress levels. 6:45 p.m., 1.5S Lawyer assistance programs Ned J. Nakles American Inn of 12 [PBI CLE] Medical Records in the are available to help lawyers Court, 5 p.m. 26 Digital Age, 8:25 a.m. to 3:30 manage stress effectively. [CLE] The Better Mousetrap: p.m., 5S 1E Contact Lawyers Concerned for 13 Lawyers for help: www.lclpa.org. How to Protect It with Patents [PBI CLE] He Died with Guns and Trademarks, Noon to 1:15 28 in His Closet: Firearms & Estates, LAC Committee members: p.m., 1S Joyce Novotny-Prettiman, Timothy 9 a.m. to 12:15 p.m., 3S Geary, Jim Antoniono, Chris Skovira, [CLE] Trial Tips in Action, 5 to [CLE] Trial Tips in Action, 5 to Linda Broker, Stuart Horner. 6:45 p.m., 1.5S 6:45 p.m., 1.5S Leaders Needed for WBA.

he Westmoreland Bar Association’s Ferguson, Charles R. Conway, Adam Any member interested in running Nominating Committee is Gorzelsky and Zachary J. Kansler— for any of these positions should Taccepting applications from will meet in February, after the submit an application to the Chair of members who would like to serve in application deadline, to review the Nominating Committee, c/o the leadership positions with the WBA. applications, interview candidates, WBA. See the reverse side of this The position of Vice President of and prepare a slate of nominees to announcement for the application, or the Board and two openings on the present to the Board of Directors and download a form at westbar.org. Board of Directors will be among the the membership of the Westmoreland Candidates may submit a completed positions to be filled by election at the Bar Association. application by first-class mail, fax annual meeting. Additionally, there is (724-834-6855), or email (dk.wba@ one opening on the Membership westbar.org). The WBA must receive Committee, and one opening on the application by 4:30 p.m. on the Building Committee. Monday, February 12, 2018. The Nominating Committee— For more information about any of Chair, Michael J. Stewart II, Timothy the positions, contact a Nominating C. Andrews, John Ranker, Terrance C. Committee member.

Board • Personally interview and educate applicants on the workings of The Vice President automatically the WBA, including committee succeeds the President-Elect at assignments, staff responsibilities, the expiration of the term of the and new lawyer opportunities such President-Elect then in office, or if as the mentor program, the Young the office of President-Elect becomes • Serve on committees and offer to Lawyers, and Pro Bono. vacant. In the absence of the President take on special assignments. • Make recommendations for and President-Elect, the Vice President • Inform others about the membership eligibility and class presides at any meetings and carries Westmoreland Bar Association and (participating or associate). out the President’s duties. its activities and functions. The Board of Directors ensures • Assist the board in carrying out its that the WBA’s mission, services, fiduciary responsibilities, such as Building policies, and programs are carried reviewing the organization’s annual The Building Committee is responsible out. Applicants should have experience financial statements. for maintaining the management and in WBA activities such as chairing a • Take responsibility and follow upkeep of Bar Headquarters. One committee, attending bar functions, through on given assignments. position for a five-year term is and being active in the bar community. • Contribute personal and financial available. The Building Committee In addition, they must be able to think resources in a generous way member will: clearly and creatively, and work well according to circumstances. • Attend quarterly committee with people, individually and in a group. • Open doors in the community. meetings. Interested candidates should • Be knowledgeable about the know that the responsibilities include utilization of Bar Headquarters attending each monthly board meeting, Membership for business and social functions. the annual board retreat, and planning The Membership Committee is the first • Help to develop annual budget for retreat, all bar association and point of contact that most applicants operation of building. foundation activities, and serving for membership will have with the • Make recommendations to Board of at the president’s request. WBA. One position for a five-year term Directors on matters of concern in Two positions are available, for is available. The Membership building upkeep. three-year terms. The Director will: Committee member will: • Attend all board and appropriate • Attend monthly committee committee meetings and special meetings. events.

2018-2019

CANDIDATE INFORMATION FORM

Applications must be returned to the Westmoreland Bar Association by February 12, 2018.

I am interested in serving in a leadership role with the WBA and would like the Nominating Committee to consider me for candidacy. I understand that, if elected, I will be expected to attend all committee meetings and will be expected to accept and fulfill designated responsibilities.

I wish to run for the position of: Nominating Committee Members: If you have any questions, please contact them. Vice President Director (3 yr.) Michael J. Stewart II, Chair Membership Committee (5 yr.) Terrance C. Ferguson Building Committee (5 yr.) Charles R. Conway John M. Ranker Timothy C. Andrews Please provide the following information. Attach Zachary J. Kansler additional background information that you feel Adam Gorzelsky

would be helpful to the committee.

Name:______

Firm: ______

Address: ______

Phone: ______Year admitted to practice: ______

Law School: ______Year joined WBA: ______

Activities with the Westmoreland Bar Association (limit of 3):

1)______

2)______

3)______

Other professional information (limit of 3):

1)______

2)______

3)______

Signature: ______Date: ______

Think Like A Bad Guy Tuesday, February 6, 2018 4:00 - 5:15 pm A&S Indoor Pistol Range, Youngwood

Learn basic self-defense, concealed carry handgun laws, and how to safely shoot a handgun. (This course will allow participants to live fire a handgun under proper supervision). Speaker: Michael Pater, Esquire ------Name: ______CLE Credit WBA Member - $30 per credit hour Non-Member - $50 per credit hour Non-Credit - $15

Shooting (Optional, but must pre register to shoot after) No Experience Experienced

Space is restricted to the first 25 attendees, No walk ins can be accepted! 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 Friday, February 2, 2018. Trial Tips in Action 2018 An accredited provider for the PA Board Earn FREE CLE credits of Continuing Legal Education

Trial Tips in Action (Mock Trial) Volunteers are needed to score high schoolers as they demonstrate courtroom proceedings in a Mock Trial. Westmoreland County Courthouse Your participation as a juror in a “Trial Tips In Action” seminar qualifes you for 1.5 free CLE substantive credits per 5 Dates Available session. February 7, 13, 20, 22 & 28 Only 12 jurors are needed for each session, so return the registration form as soon as possible. Courtrooms #3 & #5 No walk-ins can be accepted.

WBA Trial Tips in Action Seminar Registration Form PLEASE NOTE: Fax 724-834-6855 or mail completed form to: WBA, 129 North Pennsylvania Avenue, Greensburg 15601 The total time frame for each session will be approximately Please check the appropriate area : _____ Register me as a juror for the trial advocacy seminar, I do want 1.5 FREE CLE substantive credits per session. 1 hour and 45 minutes.

_____ Register me as a juror for the trial advocacy seminar, I do NOT want CLE credit. Jurors will receive 1.5 FREE CLE substantive Name ______credits for an entire session. Address ______Join us at The Rialto for pizza ______or sandwiches following the

Email address ______Telephone ______competition compliments of the Westmoreland Academy of For those wishing CLE credit: Attorney I.D.# ______Trial Lawyers.

All sessions are scheduled to begin at 5 pm, please plan to arrive 15 minutes prior. Please choose 1 or more sessions you wish to serve as a juror:

q Wednesday, February 7 q Tuesday, February 13 q Tuesday, February 20 q Thursday, February 22 q Wednesday, February 28

Going Paperless in the Cloud for the Non-Tech Lawyer

1 Substantive Credit Available An accredited provider for the PA Board — LIV E — of Continuing Legal Education

Coordinated by the WBA Family Law Committee

Topics of Discussion: Tuesday, y o it February 20, 2018 at arare o you nee 12:00 pm - 1:15 pm at softare oes IA use o is te tec support WBA Headquarters aelin folersur proceures mail proceures Seminar Fees: roceuresat o e o en e et te mail eac ay PRE-REGISTRATION: at o e o it te paper Speakers: (Must be prepaid & received at the WBA offce y pm eruary *Deborah Iwanyshyn , JD, ASA, CDFA ere to learn more AA Tec o CLE Credit IWANYSHYN & Associates A emers per creit r *JB Barentine, CDFA, PE, PMP, NE, MS onemers per creit r IWANYSHYN & Associates Non-Credit ne ustantie reits are aailale toar your annual requirements FREE You may prereister for tis seminar y isitin te estaror esite You must “ I” to reister sumit te form elo WALK- IN: February 20, 2018 CLE Credit Going Paperless in the Cloud for the Non-Tech Lawyer A emers per creit r onemers per creit r Name:______ nclose is my cec mae payale to te estmorelan ar Association Non-Credit Attorney I ill my MasterCard IA I for FREE $______Amount Address:______unc ill e proie ar Email:______Westmoreland Bar Association ort ennsylania Ae piration ate iit coe one reensur A Credit Card Billing Address ______ ______a Pre-Registration Fees estaror CLE Credit: Non-Credit: or refun policy information or if special A emers per creit our FREE arranements are neee for te isale please onemers per creit our contact te A ffce at or y email at estarorestaror To qualify for reeistration eminar ees lease return tis form an your payment to te A ffce ort ennsylania Aenue reensur A by 12 pm February 19, 2018. AWWMNJGF0#JGG!G!X#>A;#!AF#SUVT#

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D-2,72G,7,'.!M+))J82.$!,*!D41,7[\2.S!XXXXXXXXXXXXXXXXXXXXXXXXX!!A,6)$!XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX!!! Alcohol Monitoring for Safer Parenting

1 Substantive Credit Available An accredited provider for the PA Board — LIV E — of Continuing Legal Education

Coordinated by the WBA Family Law Committee Tuesday, Alcohol monitoring for safer parenting when alcohol is a problem. March 20, 2018 Topics of Discussion: 12:00 pm - 1:15 pm urrent monitorin metos WBA Headquarters etail oerlins real time remote alcool monitorin serices Seminar Fees: PRE-REGISTRATION: (Must be prepaid & received at the WBA offce y pm arc Speaker: CLE Credit *Mike Fonseca, National Sales Manager A emers per creit r Soberlink onemers per creit r Non-Credit ne ustantie reits are aailale toar your annual requirements FREE You may prereister for tis seminar y isitin te estaror esite You must “ I” to reister sumit te form elo WALK- IN: March 20, 2018 CLE Credit Alcohol Monitoring for Safer Parenting A emers per creit r onemers per creit r Name:______ nclose is my cec mae payale to te estmorelan ar Association Non-Credit Attorney I ill my MasterCard IA I for FREE $______Amount Address:______unc ill e proie ar Email:______Westmoreland Bar Association ort ennsylania Ae piration ate iit coe one reensur A Credit Card Billing Address ______ ______a Pre-Registration Fees estaror CLE Credit: Non-Credit: or refun policy information or if special A emers per creit our FREE arranements are neee for te isale please onemers per creit our contact te A ffce at or y email at estarorestaror To qualify for reeistration eminar ees lease return tis form an your payment to te A ffce ort ennsylania Aenue reensur A by 12 pm March 19, 2018. Question. Persuade. Refer. (QPR) - Help to Save a Life “IRVTalks” — CLE series in honor of Judge Irving L. Bloom* An accredited provider for the PA Board of Continuing Legal Education — LIV E — 1.5 FREE Ethics Credit Available Te purpose of tis seminar is to proie innoatie practical an Question. proen suicie preention trainin stans for uestion ersuae Persuade. an efer te simple steps anyone can learn to elp sae a life from suicie ust as people traine in an te eimlic Refer. (QPR) aneuer elp sae tousans of lies eac year people traine in learn o to reconie te arnin sins of a suicie crisis an 1.5 FREE o to question persuae an refer someone to elp Wednesday, Ethics Credit March 28, 2018 Speakers: 4:00 - 5:30 pm • David Delvaux, MS, LBS 5:30 - Reception to Follow Clarion Psychiatric Center WBA Headquarters Open • Heather McLean, Community Liaison Clarion Psychiatric Center to the *The Lawyers Assistance Committee of the WBA has committed to offer a series Public of “IRVTalks” in honor of Judge Bloom, who worked to help struggling lawyers with their addictions, depression, and stress-related problems, both locally and You may prereister for tis seminar y isitin te estaror esite You must “ I” to reister sumit te form elo throughout the commonwealth.

March 28, 2018 “IRVTalks” ame estmorelan ar Association ort ennsylania Ae Attorney I reensur A Aress a estaror mail

If special arranements are neee for te isale one please contact te A ffce at or y email at estarorestaror lease return tis form to te A ffce ort ennsylania Aenue reensur A by March 27, 2018. Wrongful Discharge for Filing a Workers’ Compensation Claim

An accredited provider for the PA Board — LIV E — 1 Substantive Credit Available of Continuing Legal Education

Thursday, This CLE will provide practical pleading, discovery, trial preparation and trial presentation practice tips. March 29, 2018 Topics of Discussion: 12:00 pm - 1:15 pm 1. Wrongful discharge in violation of public policy and invasion of privacy claims. WBA Headquarters 2. Will provide useful tips concerning: ury selection Seminar Fees: Trial epositions PRE-REGISTRATION: (Must be prepaid & received at the WBA penin statement an summation ilits offce y pm arc Trial tactics concernin itness orer an presentation Tecnoloy CLE Credit A emers per creit r emonstratie ais an more onemers per creit r Non-Credit lat ate Speaker: Thomas B. Anderson, Esquire aie for Youn ayers practicin Tomas oes oie years or less

WALK- IN: You may prereister for tis seminar y isitin te estaror esite You must “ I” to reister sumit te form elo CLE Credit A emers per creit r March 29, 2018 Wrongful Discharge for Filing a Workers’ Compensation Claim onemers per creit r Non-Credit Name:______ nclose is my cec mae payale to te estmorelan ar lat ate Association Attorney I aie for Youn ayers practicin ill my asterar IA I for years or less $______Amount Address:______ar it efresments ill e proie mail estmorelan ar Association Expiration Date ______3-digit code ______ ort ennsylania Ae one reensur A Pre-Registration Fees reit ar illin Aress ______a CLE Credit: estaror A emers per creit our or refun policy information or if special onemers per creit our To qualfy for reeistration eminar ees arranements are neee for te isale lease return tis form an your payment to te Non-Credit: please contact te A ffce at A ffce lat ate or ort ennsylania Aenue reensur y email at estarorestaror aie for Youn ayers A by 12 pm March 28, 2018. practicin years or less