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THE NEWSLETTER OF THE WESTMORELAND BAR ASSOCIATION VOLUME XIV, NUMBER 6 NOVEMBERÐDECEMBER 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 NOVEMBERÐDECEMBER 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] NOVEMBERÐDECEMBER 2002 sidebar ¥ 3 Nominations Announced for 2003Ð2004 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 NOVEMBERÐDECEMBER 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. Now our history books tell us when the drums begin to roll. probably experiencing their first that the Gulf of Tonkin incident may Christmas away from family and never have happened at all, or at least For it’s Tommy this, an’ Tommy friends, who will be the ones on the that, an’ “Chuck him out, the that if something did happen the firing line. brute!” North Vietnamese were not responsi- But it's “Saviour of ‘is country” Please try to keep our military men ble. Whether or not it happened, over when the guns begin to shoot. and women in your thoughts and 56,000 of our young men paid with prayers as we enjoy Christmas and their lives. Freedom, after all, isn’t For the full text of this poem, go to New Year safe here in Westmoreland really free. It is paid for, over and over, www.online-literature.com/kipling/840. County. by the blood, sweat and tears of young HAPPY HOLIDAYS! people, most not even out of their teens. I think that Rudyard Kipling If our national leaders are going to best captured the spirit of how the war again in Iraq, it will be our young populace views its military men and men and women who will do the women in his poem, “Tommy,” fighting and dying. They will be the named for the common British ones whose bodies and psyches will infantry soldier of his era (see box). suffer, not our national leaders.

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September/October 2002 Trial Term Jury Trial Verdicts by Rachel Yantos, Esq.

ne hundred and eleven cases The Greco family brought suit against Yeckel. In addition, plaintiff were slated for trial during Mr. Yeckel and Test Boring for negli- contended that Mr. Selvoski asked Othe September/October gence and negligent entrustment. Mr. Yeckel to drive the truck to secure 2002 civil jury trial term. Of those, Plaintiff contended that Mr. Yeckel repairs and inspection even after he 38 were settled, 44 were continued, was not an “insured” under his was informed that Mr. Yeckel did not 3 were tried nonjury, 2 moved to employer’s policy of insurance because have a valid driver’s license. arbitration, bankruptcy was filed in 2, he was operating a covered auto A jury was empaneled to render an 7 resulted in verdicts and 15 were held without the knowledge or permission advisory verdict to the court. The jury to the next trial term. The first case of Mr. Selvoski or Test Boring. On the was asked to determine if, at the time highlighted from the trial term day of the accident, Mr. Yeckel had of the accident, Mr. Yeckel was operat- involved an advisory verdict from borrowed the company vehicle from ing Test Boring’s truck with the per- the jury. In equity actions, the parties another employee, Scott Patrick, who mission of Test Boring or Mr. Selvoski. may request that a jury be empaneled had driven the vehicle home from Plaintiff’s Counsel: Richard E. Rush to render an advisory verdict. In such work the previous day. Eleven days and Templeton Smith, Jr., Thomson, cases, the advisory verdict is not before the accident and in the Rhodes & Cowie, P.C., Pgh. binding upon the court. presence of Mr. Patrick, Mr. Selvoski Counsel for Defendants Greco: Jan C. expressly forbade Mr. Yeckel from Swensen, Swensen Perer & Kontos, Pgh. MOTORISTS MUTUAL driving any company vehicle while he Counsel for Test Boring Services, Inc.: INSURANCE COMPANY did not possess a valid Pennsylvania Rabe F. Marsh, III, Ward & Christner, V. driver’s license. P.C., Gbg. KATHRYN GRECO, GREGORY Defendants Greco asserted that Defendant Yeckel: pro se GRECO, AND FAYE GRECO, BY Mr. Yeckel operated the vehicle with Trial Judge: The Hon. Gary P. KATHRYN GRECO AND GREGORY the permission of Mr. Selvoski and/or Caruso GRECO, HER PARENTS, KENNY Test Boring. In new matter, plaintiff Advisory Verdict: The jury found RAY YECKEL AND TEST BORING averred that Mr. Patrick was given that Mr. Yeckel was operating the SERVICES, INC. possession of the truck and had vehicle with permission from Test NO. 3714 OF 2001 authority to permit its use by Mr. continued on page 6 Cause of Action: Declaratory Judgment—Insurance Coverage—Advisory Verdict DISPUTE RESOLUTION Plaintiff insurance company sought RBITRATION a declaration that it had no duty to UIM/UM A provide coverage or a defense to MEDIATION defendant Kenny Ray Yeckel based SETTLEMENT CONFERENCES upon a policy of automobile insurance EVIDENTIARY HEARINGS issued to Mr. Yeckel’s employer, BINDING/NON-BINDING defendant Test Boring Services, Inc. COST-EFFECTIVE The policy provided coverage to Test Boring and its sole shareholder, Jeff CONFIDENTIALITY Selvoski, as well as to anyone using a NEUTRAL THIRD-PARTY INPUT covered auto with the permission of SWIFT RESOLUTION Mr. Selvoski or Test Boring. The DIRECT PARTY PARTICIPATION JOHNM.NOBLE,ESQ. underlying action arose from a motor GREENSBURG, PA FLEXIBILITY vehicle accident involving the vehicles (724) 853-2296 operated by Mr. Yeckel and Mrs. FAX: (724) 836-0532 [email protected] Greco, in which her minor daughter MEYER•DARRAGH•BUCKLER•BEBENEK &ECK was a passenger. The truck driven by ATTORNEYS AT LAW GREENSBURG OFFICE: 114 SOUTH MAIN STREET, GREENSBURG, PA 15601 Mr. Yeckel was owned by Test Boring. 6 ¥ sidebar NOVEMBERÐDECEMBER 2002

Jury Trial Verdicts continued from page 5

Boring or Mr. Selvoski. The court declared that Mr. Yeckel to new matter, plaintiff averred that she retained full tort was an insured under the commercial automobile policy insurance coverage at the time of the accident. issued to Test Boring. Plaintiff’s Counsel: Michael D. Ferguson, Ferguson Law Associates, Latrobe ELIZABETH BOGLE Defendant’s Counsel: Michael C. Maselli, Law Office of V. Marianne C. Mnich, Pgh. SANDRA SOLOMON Trial Judge: The Hon. Daniel J. Ackerman, President NO. 4241 OF 2000 Judge Cause of Action: Negligence— Result: Verdict for defendant. Motor Vehicle Accident—Arbitration Appeal LORNA G. SMITH AND JACK SMITH, HER HUSBAND This motor vehicle accident occurred on July 28, 1999, in V. Derry Township, Westmoreland County. Both vehicles RODNEY C. HUMMEL AND SCHUYLKILL STONE, INC. were traveling southbound on State Route 217 when NO. 5956 OF 2000 plaintiff stopped her vehicle to make a left hand turn onto an intersecting street. As plaintiff waited for traffic to pass, Cause of Action: Negligence—Motor Vehicle Accident the defendant failed to stop her vehicle and collided into On October 5, 1998, at approximately 8:50 a.m., plaintiff the rear of plaintiff’s vehicle. Plaintiff claimed soft tissue was involved in a motor vehicle accident at the intersection injuries. The defendant denied negligence and averred that of State Routes 130 and 4006 (North Greengate Road) in she was acting reasonably, prudently and with due care. In Greensburg, Westmoreland County. Plaintiff Lorna G. new matter, defendant asserted the affirmative defenses of Smith was operating her vehicle in a southerly direction on the Pennsylvania Comparative Negligence Act, statute of North Greengate Road and was proceeding through the limitations, and the Pennsylvania Motor Vehicle Financial intersection on a green traffic signal. Defendant Rodney C. Responsibility Law (MVFRL), as amended by Act 6, Hummel, operating a vehicle owned by defendant Schuylkill including the limited tort provisions of the same. In reply Stone, Inc., and traveling west on State Route 130, failed to stop for a red traffic signal and caused the collision with plaintiff’s vehicle. The complaint alleged that Mr. Hummel was employed by Schuylkill Stone, Inc., and was acting Mediation, arbitration and within the course and scope of his employment and upon the business of his employer at the time of the accident. all forms of conflict resolution Plaintiff claimed injuries that included a concussion, frac- tured ribs, fracture of a tooth at the gum line, a separated John M. Campfield, Esquire shoulder, lacerations, diplopia, and other specified injuries. Vincent J. Quatrini, Jr., Esquire Her husband brought a claim for loss of consortium. In new matter, defendants asserted that some or all of Dennis Slyman, Esquire plaintiff’s injuries may have been the result of pre-existing W. Bryan Pizzi II, Esquire conditions. They also sought application of all sections of William M. Radcliffe, Esquire the Pennsylvania MVFRL, including the preclusion of recovery of medical bills and wage payments that were covered by plaintiff’s own insurance. The parties stipulated that liability rested with Mr. Hummel and Schuylkill Stone, Inc., and that Mrs. Smith was not contributorily negligent. However, defendants made no admission that injuries suffered by Mrs. Smith were caused by the negligence of defendants. Plaintiffs’ Counsel: Robert L. Blum, Blum Reiss & Plaitano, Mt. Pleasant Defendants’ Counsel: Patrick W. Murphy, Solomon & Associates, Pgh. Telephone 724-850-8ADR (8237) Trial Judge: The Hon. Daniel J. Ackerman, President P.O. Box 476 Greensburg, PA 15601 Judge continued on page 14 NOVEMBERÐDECEMBER 2002 sidebar ¥ 7 The Basics of Handling an Automobile Accident Case

Editor’s note: Section I of this article numbers of all medical providers accident if not already mentioned appeared in the September–October with whom they have treated for in the police report. 2002 issue of the sidebar. the injuries suffered in the accident. 5. Counsel should attempt to identify At the initial consultation, counsel, any entity which may have a potential by Michael D. Ferguson, Esq. in addition to the information subrogation lien against the client’s contained in the documents set recovery. This includes SECTION II - PROCESSING forth above, should obtain the client’s THE AUTO CLAIM the following information private health hen undertaking repre- from the client: practice insurance sentation of individuals 1. The client’s personal carrier, and W injured in automobile information, such as date tips any other accidents, it is useful to have a of birth, address, phone entity which standard structure or method for number, social security may be providing income processing the claim from the initial number, etc. or medical expense benefits consultation through the trial of the 2. The specific claim information to the client during the time that the case. The bulk of the work which for the insurance carrier/claim claim is pending. must be done by the plaintiff’s representatives handling both the 6. A written fee agreement and counsel usually occurs during one client’s first party medical benefit multiple authorizations for release of three phases of the claim. These and income loss claims as well as of information should be executed phases, chronologically, are the initial the applicable claim information so that counsel can obtain the consultation and follow-up, prepara- for the tortfeasor’s carrier. appropriate medical records, tion of a settlement brochure and 3. A summary of income loss insurance files, etc. demand, and the litigation of the information, including the name of At the initial consultation, counsel claim. The method that I follow in a contact person who can provide should provide the client with the my practice is set forth below: verification as to the plaintiff’s following instructions: income loss. 1. The plaintiff should be instructed 1. INITIAL CONSULTATION 4. Names, addresses and phone to keep counsel updated regarding AND FOLLOW-UP numbers of all witnesses to the continued on page 8 Prior to the initial consultation with the prospective client, plaintiff’s coun- sel should make sure to request that the Lawyers Abstract Company client bring the following documenta- tion/information to the consultation: of Westmoreland County 1. Police report or incident report information. James C. Ripple Ð Manager 2. All automobile insurance declaration pages on any insured 129 NORTH PENNSYLVANIA AVENUE automobiles in the household in which the client resides. GREENSBURG, PA 15601 3. All letters and claim information for any insurance company Telephone 724 - 834-2822 which has contacted the plaintiff Agents for Commonwealth Land Title Insurance Company regarding the accident. 4. Photographs of any injuries and/or FULL TITLE SEARCHES damage to vehicles. 5. Any damage repair estimates which TITLE INSURANCE have been provided to the plaintiff. ABSTRACTS 6. The plaintiff should prepare a list REAL ESTATE & MORTGAGE CLOSINGS of the names, addresses and phone 8 ¥ sidebar NOVEMBERÐDECEMBER 2002 The Basics of Handling an Automobile Accident Case continued from page 7

their medical treatment and status or proof that a full tort of the summary, a formal demand employment status. exception applies. for settlement should be made 2. The plaintiff should be instructed 3. Proof as to the damage to the along with a reasonable time limit to keep a written and, if possible, vehicles involved in the accident. for responding to the demand. photographic diary of the day-to- This includes damage estimates day ramifications and consequences and photographs. 3. LITIGATING THE CLAIM of the accident and their injuries. 4. All relevant medical records and In the event that settlement negotia- 3. The client should be encouraged to reports generated as a result of the tions are not successful, counsel for the continue treating until they have plaintiff’s treatment. A narrative plaintiff should take the following steps: reached their maximum medical report should be obtained 1. File a complaint and improvement, as determined by from the physician or make a determination as their physician. physicians who to whether to seek Immediately after the initial have been supervis- an arbitration or consultation, counsel should issue ing the plaintiff’s practice jury trial. letters of representation to both the treatment. These 2. Forward plaintiff’s first party benefit carrier as reports must tips interrogatories well as the tortfeasor’s carrier. These include the and requests for letters should include a brief summary following production of documents to of the accident, liability evaluation, information: defense counsel. and a summary of the client’s injuries A. The relevant history provided by 3. Schedule depositions of the and damages. Counsel should obtain the plaintiff/patient; parties as well as any critical a copy of the police report as well as B. Diagnosis as to the plaintiff’s liability witnesses. written statements from liability injuries; 4. File a Praecipe for Trial or witnesses, if necessary. C.The treatment plan which was Arbitration. Counsel should obtain any medical administered; 5. Schedule medical depositions. records which are not subject to D.The physician’s prognosis for the Practically speaking, counsel should change, such as emergency room recovery of the plaintiff; refrain from scheduling medical records. These should be forwarded to E. A statement by the physician depositions as long as possible. The the appropriate claim representative as that the injuries and treatment expense of the depositions can serve they are received. were a direct result of the as an impediment to settlement. accident at issue. Additionally, the testimony offered 2. PREPARATION OF SETTLEMENT F. A statement by the physician by the physician may become stale BROCHURE AND DEMAND that the opinions offered in the or outdated in the event of an After the injured plaintiff has body of the report are being extended delay between the taking of completed all medical treatment offered within a reasonable the deposition and the time of trial. necessitated by their injuries, degree of medical certainty. 6. Try the case. plaintiff’s counsel should prepare a 5. An itemized summary of all I would caution that my method settlement brochure and formal medical bills and copies of all for prosecuting and processing auto demand to be presented to the medical bills. Written documenta- claims may not be for everyone. A tortfeasor’s carrier. The settlement tion verifying any subrogation liens determination as to the proper course brochure should be a concise compila- which have been asserted against to follow in prosecuting the claim tion of all relevant documentation the plaintiff’s recovery should also must be made on a case by case basis. necessary to prove and evaluate the be included. However, this method has worked plaintiff’s claim. Settlement brochures 6. Proof of income loss and the well for me. should include, at a minimum, the client’s work disability status should By mastering the basic issues which following documentation: be included. arise in the auto claim and developing 1. Police report and any other 7. Plaintiff’s counsel should prepare a a method for prosecuting these claims, documentary evidence establishing concise summary or overview of plaintiff’s counsel will have the proper liability or fault. the claim with regard to both liabil- foundation necessary to meet the 2. Proof of the plaintiff’s full tort ity and damages. At the conclusion needs of the injured client. NOVEMBERÐDECEMBER 2002 sidebar ¥ 9 To-Wit: Bite My Tongue by S. Sponte, Esq. nice guy. slowly pronounce And this recent episode aside, and the word “disem- hat the hell’s the matter maybe a few dozen other ones pretty bowel” over and with him,” I asked my much just like it, I always treat my over. Even to this W partner as we left the colleagues, every man, woman or day I adore the courtroom. horse’s ass one of them, with courtesy onomatopoeic “You know,” she said, “I bet he’s and respect. way it conveys asking the same thing about you.” But the truth is, I am by my nature the inherent rip That little colloquy followed a a pretty combative guy, particularly in and tear penchant of my soul. rather heated courtroom exchange adversarial situations. Deep beneath Now lest you jump to the wrong between opposing counsel and me on this cosmopolitan and urbane conclusion here, my doctor assures me what should have been a routine exterior dwells the temperament of a I am no longer a threat to myself or motion. But I let things get out of Neanderthal, a primitive killer whose others. I am fully capable of intellectu- hand, yes I did. Now I’m ashamed of basic instinct has always been, quite ally imposing restraint upon my vol- myself, sort of, and I am in need of simply, to eviscerate any and all canic psyche. After all, haven’t I the catharsis of confession. So here opposition without mercy. As a child, learned to stop beating the dog? goes. I had few friends. Initially opposing counsel showed I don’t care what you may have I can still recall how bereft I was up forty minutes late for the presenta- heard, I’m a really nice guy. I mean, as a third grade baseball player to tion of my simple petition for a hear- just ask any of my colleagues, ask my discover that no matter how high I ing date. Then he pulled out a brief in partner or my secretary of thirty years, raised my shoes when sliding into opposition to my motion that he had go ahead, ask any of my ex-wives, not second base, I couldn’t get Keds to never served on me and asked the number two, though, and they’ll tell slice flesh. And when I was ten, I used court to dismiss my petition. And you the selfsame thing—I’m a really to sit in the corner by myself and continued on page 10

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To-Wit: Bite My Tongue continued from page 9 when I suggested the court reschedule as I might like to, so let’s just call than it hurt you. the matter to give me the chance to him “Mr. X.” I will feel ever so much I was also sorry to hear that you’ve read the brief and properly prepare, he better as soon as he has this read to him. resorted to alcohol to dull the pain, said, under his breath, “Whatsa mat- Mr. X, I’m sorry I acted so and if anything I did contributed to ter, you a chicken, bawk, bawk bawk.” unprofessionally, I truly am. I’m sorry that, gee, I’m so sorry. I’m so so sorry I yearned for a meat cleaver, but I let I called you a bozo and I’m sorry for that I apparently ruined your life it pass. the embarrassment and hurt it must forever and that you will pass your His Honor agreed with me and have caused you. And I’m really sorry remaining years as pitiful, wasted rescheduled the argument for two I called the managing partner of your cretinous shell of a human being. weeks hence. By then I had read the firm, a man who has been a close Can you ever forgive me? brief and found my esteemed col- personal friend of mine for 25 years, There, I feel so much better. league had mis-cited every case in it, and got you fired. That was probably You know, it’s true what they say, every single one. Well, maybe “mis- something I should not have done. confession is really good for the soul. cited” is the wrong term. Perhaps When I heard you had to go on © 2002, S. Sponte, Esq. “mal-cited” would be more accurate. welfare and that your wife took the I was starting to produce steam from kids and moved back to New Mexico, Can’t get enough Sponte? More articles my armpits, and I know that is not a well, believe me, it hurt me a lot more are online at www.funnylawyer.com. good sign. Opposing counsel’s presentation consisted of reading his brief aloud. He concluded by noting that if I Nominations Announced possessed anywhere near the “legal expertisement” that he had, I would for 2003Ð2004 continued from page 3 concede. Even then I fully intended to Bank, Tennessee Hunger Coalition, In addition to serving on the simply present my own carefully Amnesty International and the Building Committee, Milt has been constructed, unassailable argument. Southern Poverty Law Center. the Treasurer of the WBA for the past But instead I pulled out photocopies Peggy is a graduate of the 15 years. He is a current member of of all his cited cases, threw them down University of Tennessee College of the Elder Law and Orphans’ Court on the table in front of him, and said Law, and is a partner in Hooker & Committees, as well as the Finance, “Tell you what, Bozo, here are all Broker in Greensburg. Planning and your cases. Why don’t you just take a Real Estate minute now and read them, and then BUILDING COMMITTEE: Committees. why don’t you tell me and the Court MILTON V. MUNK, JR. He has been just where they say what you say they Responsible for maintaining the the Solicitor for say, huh? Take your time, I can wait.” management and upkeep of Bar Mount Pleasant At that, His Honor intervened. Headquarters. Five-year term. Borough since “Now don’t you think that’s my job,” ilton V. Munk, Jr., has 1965 and for he asked, ever so solicitously. been serving on the Smithton “Well, usually yes,” I replied, “but I MBuilding Committee Borough since couldn’t be absolutely certain you since its inception. He is among 1977. ▲ would have called him a bozo.” those responsible for turning the An avid Milton V. Munk, Jr. Now please believe me, I don’t use abandoned, pigeon-infested Players’ golfer and the word “bozo” in legal arguments Club on North Pennsylvania Avenue supporter of the teams of his alma lightly. Well, okay, I do, but I don’t in Greensburg into the elegant, mater, the University of Notre Dame, usually say it aloud. I simply lost spacious headquarters of the Milt maintains a solo practice in control and there’s no excuse for it. Westmoreland Bar Association. Mount Pleasant. So, feeling as wretched as I do over my appalling conduct, I think the HAVE YOU PAID YOUR 2003 WBA DUES YET? only proper thing to do is publicly DON’T LET YOUR MEMBERSHIP LAPSE. apologize. Of course I can’t mention SEND IN YOUR PAYMENT TODAY! my opposing counsel by name, much NOVEMBERÐDECEMBER 2002 sidebar ¥ 11 bookmark What Have You Been Reading? by James R. Silvis, Esq. shows the transformation of America IN SEARCH OF HISTORY ◆ by from a pre-war isolationist nation into Theodore White ◆ The author chroni- s a child in the 40s and 50s, I a global super power. Though we were cles his travels prior to World War II remember seeing newspaper mostly motivated by good and were in China and sets the background for A headlines and listening to beloved as a country at the end of the expulsion of the nationalists under radio and early television broadcasts World War II, within a few years that General Chiang Kai-Shek from the mentioning people with strange perception changed. mainland by Mao Tse-tung. sounding names—Alger Hiss, THE NIGHTINGALE’S SONG ◆ by THE NIGHTMARE YEARS: 1930 TO Whitaker Chambers, Robert Timberg ◆ This is one of my 1940 ◆ by William Shirer ◆ Mr. Shirer Kim Philby, General favorite books concerning the Cold was a reporter stationed in Germany Giap, Chiang and War. It traces the careers of five prior to World War II. This book Mao. Were they good midshipmen at Annapolis, Bud shows how Germany fell under the guys or bad? There McFarland, John Poindexter, John influence of the Nazis during that were also exotic McCain, Oliver North and James time. For the most part, the Nazi things and places— Webb, through their careers and leaders were uneducated thugs and it the Iron Curtain, the involvement in the Iran Contra is amazing that anyone would have Bamboo Curtain, Scandal. Of particular interest are the taken them seriously. Dien Bien Phu, and exploits of John McCain and Oliver ▲ Yalta. When I got TRUMAN ◆ by David McCullough ◆ North. McCain was somewhat of a older, I decided to Follows Harry Truman from farm boy James R. Silvis playboy and wasn’t an adept fighter find out why these in Missouri, and Captain in World pilot, having been involved in several people and places were important! War II, to his rise from County Judge accidents; however, as a prisoner of to accidental President. Although war, he exhibited courage almost THE VERY BEST MEN: FOUR WHO beyond belief. Likewise, there is some continued on page 12 DARED:THE EARLY YEARS OF THE doubt as to Oliver CIA ◆ by Evan Thomas ◆ The book North’s ability traces the four men who ran covert as a Company operations for the government from Commander, but the end of World War II to the no doubt about his Happy Holidays beginning of the Vietnam War. It courage and fighting follows the transformation of the ability in attempting from Office of Strategic Services of World to get his men out War II to the CIA led by idealistic of situations he young gentlemen who were handi- Judith A. Sturdevant created. By the way, capped in their intelligence gathering the nightingale is a and because they believed that gentlemen bird that learns to did not read other gentlemen’s mail. sing by mimicking It shows the revolving door between Smart Counsel Court Reporters its parents, much as Wall Street law firms and the CIA and those involved in our efforts to overthrow various South Looking forward to servicing the Iran-Contra American governments and install our Affair were follow- your reporting needs in 2003 own men who were more friendly to ing the public the United Fruit Company. You will pronouncements of 9 North Main Street learn the origin of the words “plausible their Commander Greensburg, PA 15601-2401 deniability.” in Chief, Ronald Telephone 724/837/3771 • 1-877/285/6541 IN THE TIME OF THE AMERICANS: Reagan, regarding Fax 724/837/3824 FDR,TRUMAN, EISENHOWER, the Freedom Fighters MARSHALL, MCARTHUR,THE in Nicaragua GENERATION THAT CHANGED attempting to over- AMERICA’S ROLE IN THE WORLD ◆ throw a communist by David Fromkin ◆ The author government. 12 ¥ sidebar NOVEMBERÐDECEMBER 2002

What Have You Been Reading? continued from page 11 he never attended college, he was a books and was a prolific writer, world THE VICTORS: EISENHOWER AND voracious reader, especially of the traveler, hunter, environmentalist, and HIS BOYS.THE MEN OF WORLD classics. As President, he reorganized taxidermist. The book reveals the per- WAR II ◆ by Steven Ambrose ◆ Puts a the Department of Defense, created sonal side of TR galloping his horse human face on the great events, start- the CIA, initiated the Marshall Plan, through Rock Creek Park while shoot- ing with the invasion of Normandy established our Cold War policy of ing at limbs of trees, doing pull-ups and the march through Europe. containment and committed our on a bridge overhanging the Potomac SON OF THE MORNING STAR ◆ by troops to Korea; yet, in spite of all his River, and insisting that his staff and Evan S. Connell ◆ The study of the accomplishments, his mother-in-law key senators exercise with him daily. events leading up to and culminating still believed that he wasn’t good THE ROOSEVELTS: AN AMERICAN with the defeat of General George A. enough for her daughter. SAGA ◆ by Peter Collier and David Custer at Little Big Horn. There were PLAIN SPEAKING ◆ by Merle Miller ◆ Horowitz ◆ This is a very readable many interesting details of the life of A compilation of taped interviews with contrast between Franklin Delano the Plains Indian, military tactics and a Harry Truman in preparation for a book Roosevelt and Theodore Roosevelt. character study of the participants of that was never written. Of particular the massacre at Little Big Horn. GOODBYE DARKNESS, A MEMOIR interest is the firing of Gen. McArthur OF THE PACIFIC WAR ◆ by William For fun, you might enjoy reading in Truman’s own words, and his very Manchester ◆ The author bases the the following: frank opinion of Richard Nixon. book on his experiences as a Marine EAT THE RICH ◆ by P.J. O’Rourke ◆ THEODORE REX ◆ by Edmund during the invasion of the Pacific ◆ Mr. O’Rourke dissects the various Morris Although the book gets a Islands from Guadalcanal to Okinawa. economic systems in the world. For little ponderous at times, it captures It vividly describes the hardships and instance, Albania switched from com- the essence of TR, a man of action the horror of the island-hopping munism to bad capitalism in which who is thought to have read over 20,000 campaign. the country’s principal industry was a NOVEMBERÐDECEMBER 2002 sidebar ¥ 13 pyramid scheme. Mr. O’Rourke explains the workings of the NYSE and describes it as America’s last refuge An Open Letter to the U.S. for non-psychotic litterers. Chamber of Commerce If you like history and baseball and would like to learn more about the Editor’s note: On October 15, 2002, American Bar Association President giants of the game, there are three Alfred P.Carlton, Jr., sent an open letter to the U.S. Chamber of Commerce books I recommend: urging it to focus on restoring confidence in American business rather than spending sizable amounts of money attacking lawyers. The letter is in SUMMER OF ’49 ◆ by David response to television ads the Chamber is airing in Alabama, Michigan, Halberstam ◆ The book follows the New Mexico, Ohio, South Carolina, Texas, and adjoining media markets, pennant race between the New York that claim consumer lawsuits against businesses are clogging the court Yankees and Boston Red Sox in 1949. system and adding to the cost of products. Mr. Carlton’s letter is being It was at a time when the ball players reprinted in the sidebar at the request of the WBA Board of Directors. had to take off-season jobs to support he United States Chamber of Commerce’s current advertising themselves, room together during the campaign impugning lawyers is a sad attempt to divert America’s season, and take public transportation T attention from the far more serious problem facing our nation today: or walk to the ballpark. Although the the need to restore confidence in American business. If the Chamber seeks book focuses on the competition to represent the interests of decent and responsible American businesses, between Ted Williams and Joe why is it spending its good money in attacking lawyers rather than on Dimaggio, it is really a history of addressing the business at hand? The Chamber’s television ads claim that consumer lawsuits against America in the post-war years. businesses are clogging the U.S. courts and adding to the cost of products. THE BOYS OF SUMMER ◆ by Roger What the ads do not mention are the facts. An extensive study of caseloads Kahn ◆ In this book about the great in the federal courts found no evidence of an “out-of-control and damaging- Brooklyn Dodger teams of 1952 and to-business increase in the number of lawsuits brought by an increasingly litigious public.” In fact, the study found that in the major area of contracts, 1953, Kahn describes the love affair “businesses participate at least as often as plaintiffs as they participate as between a community and its baseball defendants.” In addition, in the state courts, 50 percent more contract than team. Many of the players were veterans tort cases were filed in 2000, and the number of product liability lawsuits by who had been involved in combat dur- consumers against businesses declined about 20 percent between 1996 ing World War II and the book traces and 2000. their lives through the middle 1970s. As John Adams told juries: “Facts are stubborn things.” Besides ignoring some stubborn facts, the ads do not recognize the true function of the ◆ JOE DIMAGGIO,THE HERO’S LIFE nation’s courts: to provide justice to those who are harmed. Nor do the ads by Richard Ben Cramer ◆ This biogra- say what anyone with common sense knows and what all good businesses phy of the great Yankee center fielder practice: the best way to avoid lawsuits is to make safe products. spends a lot of time on the dark non- Attacking lawyers has been a popular sport since the time of public side of Dimaggio. After base- Shakespeare. But at least Shakespeare spoke knowledgeably, with tongue ball, his profession was being “Joe firmly in cheek. It is ironic that the Chamber’s campaign war chest—the unknowing source of which is the American consumer—attacks the one Dimaggio.” He was an athlete of profession that advocates for the consumer’s right to safety, quality and grace, but of very few words. He never fairness, an attack that is not simply uninformed but just plain wrong. had a driver’s license because friends But we lawyers believe that the American people are not easily fooled. drove him. He never made a plane They and we see the ads for what they really are—a failed effort to divert reservation because friends took care attention from behavior by more than a few bad apple businesses that of that for him. The author describes have caused Americans to lose their confidence in our nation’s capital a man obsessed with money who, markets. Wouldn’t it be better if the legal profession and American business worked together to restore such confidence, rather than the Chamber rather than pay a hotel bill, allegedly attacking lawyers? gave his seven World Series rings to We believe that, by engaging in frivolous diversionary tactics and ignoring cover the cost of his stay. Unlike that the real needs of U.S. businesses, the Chamber is failing to strengthen our of today’s superstars, his personal life American business ethic. We call on the Chamber to cease and desist from was always protected by the press. these diversionary tactics—and instead to turn its considerable resources toward the real needs of its members. We do this in the name of the decent As I get older and try to decide and responsible American businesses the Chamber claims to represent, what to read next, I’m guided by P.J. businesses that care about their customers, their shareholders and their O’Rourke’s dictum, “Always read stuff American democracy—and appreciate that our democracy is based upon that will make you look good if you the rule of law. die in the middle of it.” 14 ¥ sidebar NOVEMBERÐDECEMBER 2002

Jury Trial Verdicts continued from page 6

Result: Molded verdict for plaintiff Trial Judge: The Hon. Daniel J. Defendants’ Counsel: Joseph A. Lorna G. Smith in the amount of Ackerman, President Judge Hudock, Jr., Summers, McDonnell, $270,000, which reflects the parties’ Result: Verdict for defendant. Walsh & Skeel, L.L.P., Pgh. consent to reduce the jury’s award by Trial Judge: The Hon. Gary P. the sum of $5,000. MARCO LUCCI Caruso V. Result: Molded verdict for COLLEEN MARIE SCHMIDT AND JAMES BAKER CONSTRUCTION defendant based upon special PAUL M. SCHMIDT, HER HUSBAND CO. AND KENNETH A. BAKER interrogatories submitted to the jury. V. NO. 3016 OF 2001 DAVID JOSEPH HYLAND Cause of Action: Negligence—Motor DAVID J. O’BARTO AND NO. 499 OF 1997 Vehicle Accident—Arbitration Appeal ROCHELLE L. O’BARTO, HIS WIFE V. Cause of Action: Negligence—Motor This accident occurred on October Vehicle Accident—Arbitration Appeal— ADA G. KEPPLE 17, 2000, at approximately 2:50 p.m. NO. 7101 OF 1999 Binding Summary Jury Trial in Delmont, Westmoreland County. Plaintiffs brought this negligence action Plaintiff alleged that defendant Cause of Action: Negligence— against defendant as a result of a motor Kenneth A. Baker, an agent and/or Motor Vehicle Accident— vehicle accident that occurred on March employee of defendant James Baker Binding Summary Jury Trial 7, 1995, at approximately 4:00 p.m. Construction Co., was operating his This motor vehicle accident occurred Wife-plaintiff was operating a vehicle vehicle directly behind plaintiff’s on January 8, 1998, at the intersection owned by her husband on State Route vehicle. The complaint averred that of State Routes 22 and 1055 in Salem 3039, otherwise known as Clay Pike, both vehicles were traveling in an Township, Westmoreland County. The in North Huntingdon, Westmoreland easterly direction on Manor Road and husband-plaintiff was traveling in the County. Wife-plaintiff brought her were approaching the intersection of right eastbound lane on Route 22. vehicle to a complete stop attempting to Route 66. Plaintiff’s vehicle was struck According to the complaint, defendant make a left hand turn. The defendant, in the rear by defendant’s vehicle. Soft proceeded through the intersection traveling directly behind plaintiff, tissue injuries were claimed. traveling south on Route 1055 and collided into the rear of plaintiff’s Defendant alleged that he was into the path of plaintiff. Plaintiff vehicle. Wife-plaintiff claimed soft tissue operating his vehicle in a westbound selected the full tort provision of injuries, while her husband asserted loss direction on Manor Road and was insurance coverage. In addition to soft of consortium. Defendant averred that traveling away from the intersection of tissue injuries, plaintiff suffered an open he exercised reasonable and prudent Route 66 at the time of the accident. fracture of the right knee and rupture care under the circumstances. The Defendant averred that plaintiff of the attached tendon, subsequent affirmative defenses of contributory/ pulled out of a driveway directly into arthrotomy of his right knee to retrieve comparative negligence, assumption of defendant’s path of travel immediately a loose screw from initial surgery and the risk and the Pennsylvania MVFRL, prior to the collision. The affirmative permanent limitation and mobility to along with its amendments known as defenses of contributory negligence, the right knee. Wife-plaintiff asserted a Act 6, were asserted in new matter. assumption of the risk and the right, claim for loss of consortium. Plaintiffs’ Counsel: Robert L. Blum, privileges and/or immunities of the In new matter, defendant raised the Blum Reiss & Plaitano, Mt. Pleasant Pennsylvania MVFRL were raised in affirmative defenses of contributory/ Defendant’s Counsel: Kim Ross new matter. comparative negligence, assumption of Houser, Mears, Smith, Houser & Plaintiff’s Counsel: E. Timothy the risk and the Pennsylvania Motor Boyle, P.C., Gbg. McCullough, Murrysville Vehicle Financial Responsibility Act. Plaintiff’s Counsel: Bernard M. Tully, Bernard M. Tully, P.C., Pgh. LawSpeak Defendant’s Counsel: Christopher “An eminent lawyer cannot be a dishonest man. Tell me a man is dishonest, M. Fleming, Jacobs & Saba, Gbg. and I will answer that he is no lawyer. He cannot be, because he is careless Trial Judge: The Hon. Daniel J. and reckless of justice; the law is not in his heart, is not the standard and rule of his conduct.” Ackerman, President Judge — Daniel Webster, Speech to the Charleston, Result: Verdict for plaintiff David J. S.C., Bar Association, May 10, 1847 O’Barto in the amount of $50,000. No award for wife-plaintiff. NOVEMBERÐDECEMBER 2002 sidebar ¥ 15

Anecdotage Demurrer to the Evidence by Judge Irving L. Bloom

hen last we dealt with a interested in the fact that supposedly As the trial date neared, I was called case of Commonwealth Mr. Neckeraur had hidden the motor on many occasions by the state police W vs. Neckeraur (see the home at the request of Donald and urged to have my client tell what July–August 2002 issue of the sidebar), Groomes. he knew about the disappearance of the Superior Court had just decided In preparation for the trial, the Mrs. Groomes. that lying to the police when being state police and district attorney’s You might also questioned by them is legal in this office of Fayette County traced the recall that I had Commonwealth. However, that was motor home through its initial hiding Mr. Neckeraur not the end of the case inasmuch as places in Virginia and to its final take a lie detector the Superior Court sent down hiding place in the state of Florida. test and I was for trial issue of whether or not In order to prove their case, they satisfied that he Mr. Neckeraur had committed an brought witnesses, both lay and knew nothing obstruction of justice by hiding a police, from Virginia and Florida to about the motor home owned by Donald and testify against Mr. Neckeraur as to disappearance of Ada Jane Groomes. the fact of his possession of the motor Mrs. Groomes. ▲ You will recall that there had been a home over a period of a year in those The police did Judge Irving L. Bloom bitter divorce case between Mr. and two states. I was told at the time that not believe that to Mrs. Groomes when Mrs. Groomes the cost of bringing these witnesses be true and told me that if he was suddenly disappeared one day and has to Uniontown and feeding and convicted they were going to press for not been seen or heard from since. housing them amounted to about a five-year sentence for Mr. Neckeraur. The police, suspecting foul play, were $25,000. continued on page 19 16 ¥ sidebar NOVEMBERÐDECEMBER 2002

•Voted to appoint John Scales as attorneys serve as jurors in the trials. Actions of co-chair of local PAC along with The juries determine the winners in Mr. Mason. each trial based on the teams’ abilities the Board • Agreed to formally acknowledge to prepare their cases, present Rep. Tangretti for his stand against arguments and follow court rules. NOVEMBER 19, 2002 the frivolous lawsuit legislation. If you are interested in serving • Met with Court of Common Pleas • Reviewed report from Mr. Whelton, as a juror for the 2003 competition, judges. Discussed issues of concern Ms. Brammell and Mrs. Krivoniak please contact the Bar office at for members of the bench and the on the American Bar Association’s 724.834.6730. bar, including the present and future national lawyer referral service role of pro bono in providing access conference in Philadelphia and to justice for the indigent, PFA learned that the information representation for both plaintiffs gathered at this seminar supports PBI Online and defendants, and the community the recommendation from the ABA town meeting on Family Court to revamp the WBA Lawyer Referral CLE Program issues scheduled for March 13, Service program. 2003, at the University of Pittsburgh • Agreed to offer free CLE credits to Approved at Greensburg. each WBA member who serves as a • Accepted membership committee juror in the mock trial program. hester C. Corse, President recommendation as presented: •Voted to contact the PBA to request of the Pennsylvania Bar Nancy Stewart, participating. that they seek CLE accreditation for C Institute, has announced that • Discussed the need to have an attorney coaches in the amount of its online CLE Programs have been established written investment policy 12 hours per year. approved by the Pennsylvania for WBA funds and agreed to meet • Reviewed, amended and accepted Continuing Legal Education Board with financial advisor in February to the 2003 WBA budget. and that the Board has certified PBI discuss this matter. as a “distance education” provider. • Learned that Mr. Whelton and Mr. Starting January 1, 2003, lawyers will Falatovich have agreed to serve Mock Trial be able to earn up to three of the another three-year term with the LLS required twelve annual credits online. board and extended sincere thanks Jurors PBI has launched its Online from the board for the service pro- Campus at onlinecle.pbi.org. The vided on behalf of the WBA and the To Earn catalog is growing daily, and by indigent of Westmoreland County. January 1 will have 60 hours of • Reviewed minutes from the bar CLE Credit credits available, including numerous foundation’s first mini-retreat and ethics programs and courses in every determined that a joint meeting of BA members who serve major area of practice. both boards would be beneficial. as jurors during the 2003 Lawyers are encouraged to visit the • Learned that the Municipal Law Mock Trial Competition, Online Campus now, explore using a Committee is partnering with W scheduled for the month of February, free demo program, and register for SmartGrowth to offer three commu- programs that they may take after nity seminars with the first one set will be eligible to receive free CLE January 1. for sometime in January. WBA credits. One credit hour is available “We are very excited about this members will be invited to attend for each “trial” session. development,” said Corse. “It makes and can receive CLE credits. The Mock Trial Competition gives teams of our courses much more widely local high school accessible to lawyers. PBI programs students the will now be available on demand, opportunity to at any time and anywhere a lawyer Jablonsky Distributing Co. argue cases in an happens to be. Attorneys can learn actual courtroom when it is convenient for them. Imports, Specialties and Domestic Beers before a judge. We call it 24/7 CLE.” Students play the For further information, 724-834-2958 roles of lawyers, visit onlinecle.pbi.org, or call PBI staff attorney Susan Swope Delivery Service Available witnesses, plaintiffs and at 1-800-932-4637, ext. 2260. VISA, MasterCard & Discover Accepted 8 Zeller Street, Greensburg • Open Monday thru Saturday 9 to 9 defendants. Volunteer wba NOVEMBERÐDECEMBER 2002 sidebar ¥ 17 WBA Sets Equipment Usage foundation focus Policy WBF Participates in

ffective November, 20, 2002, Adoption Day 2002 the following usage policy applies to all Westmoreland he Westmoreland Bar foster care for more E than five years. Bar Association equipment. At Foundation’s Outreach present, the equipment includes: TCommittee was a proud The Hon. Rita Hathaway and •LCD projector participant in Westmoreland County’s The Hon. Anthony Marsili officiated •Visual presenter First Annual Adoption Day held the private adoption proceedings. • Lavalier microphone November 22, 2002, at the Refreshments and entertainment, • Three handheld microphones Westmoreland County Courthouse. including arts and crafts projects and •Sound system Twenty families were brought Suzy the Clown, were available for all •Wall-sized screen together during a day-long ceremony new families and their guests. New •TV and celebration that finalized the family photos were taken, and all •VCR adoptions of 25 children between the children received gift bags thanks to •DVD player ages of 9 months and 171/2 years. donations from local businesses and One-third of the children had been in charitable organizations. WBA EQUIPMENT USAGE POLICY • The audio/visual equipment of the WBA may be used by all WBA Lawyers’ Exchange* members for no fee. (*Free to all members of the WBA) • All WBA equipment is to remain within the Bar headquarters and cannot be removed for use outside PBA QUARTERLY ISSUES WANTED The Law Library would appreciate receiving of the building. donations of future or back issues of the Pennsylvania Bar Association Quarterly. • WBA members may use the Contact Law Librarian Betty Ward at [email protected] for more equipment outside of regular office information. hours but must receive training on the use of the equipment. It is PROFESSIONAL OFFICE SPACE 2700 square feet; will subdivide and build out to understood that the member who specifications; Masonic Building, Second Floor; 132 South Main Street, Greensburg, has booked the use of the WBA PA 15601. Contact Mike Stewart @ 724.836.0321. building is also responsible for any AVAILABLE Purdon’s Pa. Statutes Annotated, the complete set; Dunlap Hanna Pa. damage caused to equipment. Forms, eight-volume set. Call the Bar office at 724.834.6730 for more information. •Non-members may use the equipment but shall be required REQUEST FOR PROPOSAL: BOARD SOLICITOR The Board of Directors of The Arc to pay rental fees as follows: of Westmoreland, Inc. is seeking proposals for the position of Board Solicitor to –Visual presenter: $50 per day provide legal counsel to the Boards of Directors of The Arc’s family of corporations. –LCD projector: $100 per day This is a paid position. The Solicitor would be expected to attend each board –VCR, TV, DVD: $25 per day meeting. Proposals must include the following information: Name of firm; Address; •Only the executive committee may Telephone; E-mail; Contact; Specialties; Years in Practice; Non-Profit Experience; overrule this existing policy. Retainer and Fee Schedule; References. Proposals are due no later than January 15, 2003. Submit proposals to Rose Marie D. Appel, President, Board of Directors, The Arc of Westmoreland, Inc., RD 12, Box 227 Donohoe Rd., Greensburg, PA 15601.

ATTORNEY SEEKING POSITION Newly admitted member of the PA Bar seeks entry- level position. Former Judicial Clerk, interested in all areas of the law, enthusiastic, news hard working, self-reliant. Please contact Matthew Prather, Esq., 724.882.3793. 18 ¥ sidebar NOVEMBERÐDECEMBER 2002 Candid Camera: 2002 Holiday Dinner Dance ▲ “Nice bow tie there, ▲ kid.” “Gosh, Marnie, maybe it’s that ‘minister’ thing, but ▲ come the holidays, I can’t keep my hands off you.” “Hey, Stilts, one more off-color remark ▲ about my height and this beer is goin’ Why on earth is this where the sun don’t shine.” woman smiling?

▲ “You know, I used to have throngs.” Looking for a special way to remember someone? Births ¥ Deaths ¥ Marriages ¥ Anniversaries Making Partner ¥ Passing the Bar

ince 1991, the Westmoreland Bar Foundation has raised thousands of dollars to assist the poor, disabled, elderly and Schildren in our community. Through the Memorial Program, you can honor a colleague or loved one with a contribution to the Foundation. Your gift will help serve the needs of our own who have nowhere else to turn for legal services. If you would like to make a gift to the Foundation as a meaningful expression of respect, please make check payable to the Westmoreland Bar Foundation and mail to WBA Headquarters, 129 N. Pennsylvania ▲ Ave., Greensburg, PA 15601-2311. “OK, Nina, now here’s the plan ... the minute they all get drunk, we set fire to the tree.” NOVEMBERÐDECEMBER 2002 sidebar ¥ 19

Demurrer to the Evidence continued from page 15

I told them not to worry about Mr. Neckeraur because I yesterday? The district attorney assured both myself and was going to walk him out of that courtroom. Your Honor that he had absolutely nothing more to add. When the trial began, I took the first fourteen Since that is what he said yesterday he must be getting prospective jurors as the twelve-person jury with the ready to make something up and manufacture evidence!” two alternates. The district attorney prosecuting the case As the district attorney started to sputter and reply to thought I must be losing my touch to so cavalierly accept my statement, Judge Franks stated, “Mr. Bloom was right, the first fourteen people called. Judge William Franks also the record was closed after assurances from the district looked quizzically at me. attorney that he had nothing more to add.” The presentation of the prosecution’s case took place The district attorney then said, “This is rebuttal in just one day with about 18 to 20 witnesses testifying as testimony.” I again protested, “Rebuttal to what, your to the chain of possession in Virginia and also testifying Honor? I’ve offered no evidence. There is nothing to rebut.” as to the chain of possession in Florida. My only cross- Again Judge Frank said I was correct in my legal position. examination of each one of those witnesses was to ask He then stated for the record, “The demurrer is granted them if they had anything more to add. Of course they all and this case is dismissed.” The district attorney said, “Your answered no. The district attorney and the Judge continued Honor, I’m going to appeal this.” I then said to the district to look at me with a puzzled expression on their face as to attorney that there is no appeal from the granting of a the paucity of cross-examination. demurrer since it is the equivalent of a jury verdict of not When the district attorney rested at 3:45 the afternoon guilty. The Judge stated that I indeed was correct and that of the trial, the Judge turned to me and said the defense this case is over with. may begin. I said, “Your honor, I would like to ask the My client and his coterie of friends adjourned at about a district attorney if he has anything more at all to add.” quarter to ten to the bar at the Mount Vernon Inn a short The district attorney petulantly replied of course he had distance from the courthouse. As we toasted our victory, nothing more to add. with sufficient lubrication to relax all concerned, the most I asked the Judge to pose the same question to the important witness in any criminal case, Mr. Green, arrived district attorney as I had. The Judge shrugged and said, in copious amounts thus rendering the day even happier. “Does the district attorney have any more evidence at all on any issue on this case to add?” Again the district attorney replied, “No, I have nothing more to add.” The Judge, a little impatiently, asked, “Does the defense now For complete wish to begin?” I replied, “No, your Honor, I demurrer to insurance protection, the evidence.” The district attorney looked shocked and the Judge we’ve got you covered. asked, “On what basis, Mr. Bloom?” I said, “Your Honor, we have heard close to 20 witnesses today and not one of them ever said or established that this motor home in or over 60 years, USI COLBURN INSURANCE SERVICE has been meeting the needs of Pennsylvania lawyers. We question was ever in Fayette County. Under those circum- F can satisfy your insurance requirements through the following stances there is no jurisdiction in Fayette County for the programs: trial of this case and that is the reason for my demurrer.” I then handed him a 15-page brief on the issue of the ❑ Medical Insurance demurrer to the evidence when there is no testimony ❑ Employee Benefits For more details concerning the locus of the crime being in the county in ❑ Disability Insurance or a quote on coverage which the defendant is charged. ❑ Term Life Insurance call today: After a few minutes of reading through the brief, the ❑ Long Term Care 412-885-6570 Judge turned to the district attorney and said, “Mr. district ❑ Medicare Supplement 1-800-WCOLBURN attorney I think Mr. Bloom has something here. You have ❑ Professional Liability www.colburn.com until 9:00 a.m. tomorrow to come up with an answer to ❑ Fidelity and Surety Bonds this demurrer.” The next morning at 9:00 the district attorney rose to his full height and said, “I would like to reopen the case to establish the additional evidence needed.” I rose to my feet and said, “Your Honor, I must vigorously protest. What are 201 Caste Village, Pittsburgh, Pennsylvania 15236 they going to do? Make up evidence that did not exist 20 ¥ sidebar NOVEMBERÐDECEMBER 2002

CALENDAR of Events Top Ten Events of Your Year 1. Your secretary’s boyfriend flunked the bar exam. JANUARY 01 New Year’s Holiday T 2. Your best medical malpractice client still can’t pee in a 08 Membership, Noon straight line. 15 Real Estate, Noon 3. Changing your name worked. 16 CLE Lunch ‘n Learn: Ethical 4. At least one of your kids got off smack. Dilemmas: All In A Day’s O Work, Noon 5. No more of your law school classmates have died. 20 Martin Luther King Holiday 6. The picture of you that your dry cleaner put up over his 21 Family Law, Noon cash register because your check bounced is one of Criminal Law, 4 p.m. P your favorites. Board Meeting, 4 p.m. 23 CLE Lunch ‘n Learn: Criminal 7. You don’t need to spend wasteful dollars on malpractice Defense Basics, Noon insurance because you don’t have enough clients to 28 Solo/Small Practice, Noon justify it. FEBRUARY T 8. You can say with certainty that you know nothing about 12 Membership, Noon your escrow account being out of balance because you 17 Presidents’ Day Holiday haven’t balanced it in eight months. 18 Family Law, Noon 9. The pizza at the CLE Lunch ‘n Learn had pepperoni Board Meeting, 4 p.m. E on it. 20 Elder Law/Orphans’ Court, Noon 10. You haven’t been found out yet. 27 Vision Group, Noon N

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