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November-December 2002 (Vol. XIV, No. 6)

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November-December 2002 (Vol. XIV, No. 6) thesidebar THE NEWSLETTER OF THE WESTMORELAND BAR ASSOCIATION VOLUME XIV, NUMBER 6 NOVEMBER–DECEMBER 2002 2002: The Year In Review januaryfebruarymarchapril NEW MEMBER CEREMONY MOCK TRIALS WBA ANNUAL MEETING LOUGHRAN GALA mayjunejulyaugustseptember BENCH/BAR CONFERENCE WBA PICNIC & MUSIC FEST octobernovemberdecember FAREWELL UNITED WAY DAY OF CARING YOUNG LAWYERS DJ GATHERING HOLIDAY DINNER DANCE IN Nominations Jury To-Wit: Actions THIS President’s Announced Trial Practice by S. of the ISSUE 2 Message 3 for 2003 5 Verdicts 7 Tips 9 Sponte 16 Board 2 • sidebar NOVEMBER–DECEMBER 2002 President’s Message “It’s ‘Saviour of ’is Country’ When the Guns Begin to Shoot” by Timothy J. Geary, Esq. ince this is a holiday issue, I in Greenville, Miss., where I had aircrews referred to as the “roach decided to dispense with my been sent to become an AF medic. coach.” The unofficial designation Susual theme and instead refer No, I had not flunked out of college. was “ground-oriented roach infested back to the special article about Actually, after my sophomore year, mobile feeding facility,” hence the military veterans that appeared in I ran out of money and the USAF name “roach coach.” It was a rather the September–October issue of promised me food, clothing, a place large camper-type vehicle that was the sidebar. I had the to sleep and a paycheck. “Three hots driven to various places on and distinct honor and and a cot” was how they phrased it. around the flight line and used to privilege to serve our Anyway, at the risk of offending those serve chow to the aircrews and main- country for over 24 among you who may either be from tenance workers. Such vehicles were years, seven of which Mississippi or have some connection rarely cleaned and certainly were not were on active duty to that state, in 1963 I was convinced anyone’s first choice for fine dining. during the war in that if God were ever going to give the On the other hand, on this particular Vietnam. During world an enema, Christmas, the the majority of that Mississippi would roach coach was period of time (1963- have made his Freedom isn’t the only spot to short list for eat and I opted 1970), I was a combat really free. It is crewmember on a C-141A transport. insertion points. for what I hoped There are two types of combat aircraft Certainly paid for, over and was some type according to fighter pilots. They are Mississippi in over, by the blood, of a “special” “weapons platforms” (read fighters 1963 was not the Christmas meal and bombers) and “targets.” I was a place for a New sweat and tears rather than going navigator on a “target.” I mention this England Yankee, of young people, hungry. only for what I perceive as its darkly like myself, but As soon as humorous effect on target crewmem- on the other most not even out I entered the bers. Most service members approach hand, it was not of their teens. door I saw a sign life with a gallows sense of humor. in harm’s way, which read, “All As the holiday season approaches either. we got is Spam and we reflect upon the happy I spent Christmas 1964 in Waco, and Cheese. Don’t ask for nothing moments we experience with our Tex., a sorry little burg with nothing else!”(sic). They did have some condi- families and friends at this time of the but Baylor University and way too ments available so I guess I should not year, we need to remain mindful that many honkytonks. It was in Waco have complained as bitterly as I did we are only one more refusal by that I had the good fortune to attend (to no avail, I might add). As an aside, Saddam away before we as a country flight school and be commissioned as I am not seeking sympathy here but are at war, again! Therefore, I ask you a second Lieutenant. However, it is actually trying to make a point. As to think of those young men and Christmas 1965 that I really want to soon as I finished complaining, I woman who serve in our armed forces talk about. I was in Saigon, Vietnam, thought of those men who were and who will not be home for the that holiday season and what I languishing in the Hanoi Hilton. At holidays but rather will be in some remember most was my Christmas that time we didn’t really know the remote, miserable, mean area of the dinner. We were at Tan Son Nhut name of the infamous prison in North world, and also in harm’s way. airbase preparing to fly to the Vietnam, only that it was there and it I remember my own holidays away Philippines and the only, and I mean had American “guests.” In fact, some from home. I spent Christmas 1963 only, place to eat was at what the continued on page 4 Question? Comment? Contact Tim at: [email protected] NOVEMBER–DECEMBER 2002 sidebar • 3 Nominations Announced for 2003–2004 Board, Committees he Nominating Committee BOARD OF DIRECTORS: MEMBERSHIP BARBARA J. COMMITTEE: of the Westmoreland Bar CHRISTNER PEGGY HOOKER T Association has recommended The Director ensures that The Membership the following members for positions the WBA’s mission, services, Committee is the first on the Board of Directors and the policies and programs are point of contact that most Membership and carried out. Three-year term. applicants have with the Building Committees. member of the WBA. Five-year term. Those WBA members WBA, PBA and ince joining the attending the Annual ABA since 1992, WBA in 1985, Meeting of the associ- A ▲ Barbara J. Christner is Peggy Hooker has ation, to be held on Barbara J. Christner S currently Co-Chair of the served on the Elder Law, April 7, 2003, will Real Estate Committee and Orphans’ Court, Small vote “yea” or “nay” to a member of the Elder Law and Firm/Solo Practice and Parent fill these positions. Orphans’ Court Committees. Barbara Counsel & Guardian Committees. At the conclusion is also a Trustee of the Westmoreland She is the current ▲ of the annual meet- Bar Foundation, serving on its Co-Chair of the Elder Incoming WBA ing, Aaron M. Kress Outreach and Scholarship Law Committee. President Aaron M. will assume the Bar Committees, and as a Moot Court Peggy moved to Kress presidency. juror. In addition, she has served on Pennsylvania from the Board of Directors of Tennessee, where she VICE PRESIDENT: JAMES R. SILVIS Laurel Legal Services. was honored with the The Vice President ensures According to Barbara, Mayor’s Service that the WBA’s mission, serving on the WBA Award for the City of services, policies and Board of Directors “would Knoxville, and programs are carried out. be a good opportunity to received a Certificate ▲ of Appreciation from One-year term. contribute my time and Peggy Hooker energy to an organization the Knoxville/Knox ames R. Silvis is in his that benefits not only the County Community third year as a Director legal community, but Action Committee. She also received Jon the WBA board. He ▲ would also give me an the Knoxville Legal Aid Society’s is currently Co-Chair James R. Silvis opportunity to promote Order of Commendation. of the Gifts & Memorial the Bar Association with Peggy has been a frequent trainer in Committee, responsible for the general public to continue build- Medicaid and medical assistance, legal roasting the WBA’s outgoing ing good relationships between the issues for caregivers, guardianships, presidents, and is a member and legal community and the public.” powers of attorney, wills and living former Co-Chair of the Bench/Bar Barbara has been a member of wills, welfare law, Social Security Committee. Jim is also a current the board of directors of Lutheran and other topics. member and past-president of the Youth and Family Services and the Her community activities have Westmoreland Academy of Trial Westmoreland Choral Society, and is a involved volunteering for the Pa. Lawyers, and a past-president of member of the Bell Choir of First Association for Retarded Citizens– Lawyers Abstract Company. Lutheran Church. Allegheny County Chapter, and A graduate of Dickinson School of A graduate of Duquesne University being active with the First United Law, Jim has been a member of the School of Law, Barbara is a share- Methodist Church, Bread for the WBA since 1965. Jim is a partner in holder in Ward & Christner, P.C., World, Southern Appalachian Food O’Connell & Silvis in Greensburg. in Greensburg. continued on page 10 the the sidebar is published as a service to Bar Association members by the Westmoreland Bar Association, sidebar 129 North Pennsylvania Avenue, Greensburg, PA 15601-2311, 724-834-6730, Fax 724-834-6855 David J. Millstein, Editor Susan C. Zellner, Associate Editor Diane Krivoniak, Managing Editor Barbara J. Artuso, Practice Tips Editor 4 • sidebar NOVEMBER–DECEMBER 2002 President’s Message continued from page 2 of those guests were there from shortly Certainly I would like to see the end after the Gulf of Tonkin incident on Tommy (EXCERPTS) of Saddam to say nothing of that August 4, 1964, until they were finally by Rudyard Kipling psychopath in North Korea. However, repatriated in March of 1973, almost I will try to keep in mind that in nine years later! Then it's Tommy this, an' Tommy order to rid the world of such vermin We all know that history has a way that, an' "Tommy, ‘ow's yer it will be soldiers who are usually very soul?" of punishing those who don’t pay it young, very homesick and who are But it’s “Thin red line of ‘eroes” heed.
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