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Back issues from 2000 to the present and a THE NEWSLETTER OF THE comprehensive, searchable index are available WESTMORELAND BAR ASSOCIATION online at www.westbar.org/thesidebar . VOLUME XXVI, NUMBER 6 JANUARY 2015

The Retirement of Paul Kuntz Reflections on a Stellar Career

by Pamela Ferguson, Esq. eight members of our bench who hired His judicial administrative abilities will Paul in 1987—President Judge Gilfert be greatly missed.” n the foreword to her 1960 book, Mihalich, Judges Daniel Ackerman, Paul’s work experiences proved “You Learn by Living,” Eleanor Charles Loughran, Donetta Ambrose, to be particularly important to our IRoosevelt said, “One’s philosophy Bernard Scherer, Charles Marker, John court, as he was hired at a time when is not best expressed in words; it is Blahovec, and Gary Caruso—expected court administration in Pennsylvania expressed in the choices one makes.” nothing less. was moving toward a more unified The career choices Westmoreland “We were impressed by the fact that judicial system under the newly created County Court Paul was both a lawyer and graduate AOPC. With courts assuming more Administrator Paul of the U.S. Naval Academy (suggesting control over their own calendar and Kuntz made in his life: that he was both disciplined and caseload, and computerization of case joining the Navy at methodical),” Judge Ackerman said, management looming on the horizon, the age of seventeen; “and that in his naval service he was it was necessary for Westmoreland attending the Naval assigned as a liaison officer to the County’s third court administrator Academy at the Swedish Navy. Perhaps we felt that to possess leadership, management, young age of nineteen; if he could deal with foreign naval and information technology skills. serving as an exchange officers he would have the patience to Paul possessed all three. officer to the Swedish work with judges.” Because of L Navy for two years Judge Blahovec Paul led us his IT skills, he Paul Kuntz after serving six years identified Paul’s beyond our parochial became the first as a United States naval and IT court employee to Naval Officer; obtaining a JD, an MBA experience as past and into a place use word processing in Human Resource Management, the factors that where innovative and databases, and and an associate degree in business “made him stand he spent his first court management computer programming; clerking for out from all the few years working a federal judge; consulting for the City other applicants was tried and closely with the of Pittsburgh Public Safety Department; for the court accepted. Judicial Information and becoming Westmoreland County’s administrator Department to Court Administrator in 1987, position.” implement computerization in court demonstrate his philosophy quite There was no doubt in President scheduling and other court functions. clearly: work hard, serve others, Judge Mihalich’s mind that Paul was “Paul led us beyond our parochial and respect one’s self and others. the man for the job. “As the first past,” Judge Ackerman explained, During the twenty-seven years that elected president judge in our judicial “and into a place where innovative Paul served as our court administrator, district,” Judge Mihalich said, “I was court management was tried and he did just that, and now that his determined to employ the best court accepted, such as the implementation retirement date has passed, he can administrator in our Commonwealth. of individual judicial calendars where be confident in the knowledge that This goal was achieved when Paul one judge presided over the entire he attained astonishing success. The Kuntz became our court administrator. continued on page 16

IN sidedish: Jury To-Wit: Westmoreland Actions THIS President’s Monterey Trial by S. Revisited: of the ISSUE 2Message 4 Bay 5Verdicts 7 Sponte 9 Cyrus Woods 19 Board 2 • sid ebar JANUARY 2015

President’s Message The Importance of Tradition by Joseph W. Lazzaro, Esq.

any of us recently enjoyed tradition of dining, dancing, and the years, groups of 40 to 45 attorneys some time off for the friendship, when we again look at a time have attended the admittance MChristmas holiday. The forward to the days ahead. ceremony. Christmas time of year is one rich in Some of our deeply-rooted It had been a long time since tradition. Whether decorating trees, traditions in the WBA are founded in we took that D.C. trip, so I chose exchanging gifts, pausing in prayer, respect and reverence. When a member to reinstitute the Supreme Court or moments of great charity, these passes, our attorneys are invited to Admittance tradition this year. traditions—and many others—help meet together at the funeral home My entire family attended with our to keep the Christmas spirit alive. or the Courthouse to honor our lost Westmoreland attorneys group. I felt I’m a believer in tradition. colleague. We honor him or her again very proud that my children could see I stand tall when my clients at the Annual Memorial Service in and hear the highest court in action, open their Board or May each year, when we gather with and watch their father sworn into Council meetings the Court en banc and with surviving practice there. with the “Pledge of family to pay due respect. At this While the Admission Ceremony Allegiance.” My heart traditional ceremony, you will hear may be somewhat superficial itself, it pumps harder when some of the most heartfelt tributes is a magnificent honor to spend several the National Anthem ever articulated about a former friend, hours in the awesome presence of starts prior to the partner, or opponent. an institution that’s so important to Super Bowl kickoff. New members democracy. During Watching my kids at are further Carry on as many of that morning in last Thanksgiving’s welcomed at the our Bar traditions in November, I dinner table, I knew New Members changed my view they were feeling that same connection Ceremony each your life and practice of several members to aunts, uncles, cousins, grandparents, March. The that you can attend of the Supreme full Court again Court, as well as and those relatives who preceded and support. Our us, which I felt as a child during participates in my perspective our extended-family meals. this important Bar traditions preserve of the Court We do not live in a vacuum. Rather, tradition. Senior and teach our legal collectively—not in this exact moment in time is connected attorneys sponsor political views, but practice values and to all other moments of time. My and introduce new personality views. traditions connect me to that larger attorneys into the our community As expected, web of life that helps to guide me WBA, so that we strength. the six men and and give meaning to what I do and all in turn bring three women who I am. them into the fold of our practices, our emerged from behind the red velvet So too, and so true , for our Bar community, and our traditions. These curtain, wearing black robes and stoic Association. new members are soon attending our expressions. The court marshal called The nearly 130-year-old WBA Quarterly and Annual Meetings. The “oyez, oyez, oyez,” announcing the is rich in traditions. They are unique young attorneys will learn that our arrival of The Nine, and they each to our bar, they reconnect us to our Association is not governed by mere descended into their leather-back profession, and they bring us closer “bylaws,” but rather by traditions of chairs. My view-equals-expectation together. They give us a sense of speechmaking, nominations, and scenario ended there. belonging with, and to, each other. healthy, colorful debate among friends. Almost immediately after the first I hope that you were able to About fifty years ago, in 1965, words of oral argument began, the attend the Holiday Dinner Dance our members began traveling to Justices pounced with questions and last month. At a time when Christmas Washington, D.C., together to attend distractions. Justice Stephen Breyer was and Hanukkah can move at the speed the oral arguments before the U.S. definitely one of the most entertaining of the Internet, it is important we Supreme Court and to be admitted to jurists. He threw out hypothetical conclude our year together at this the practice of the highest bench. Over questions that grew more complex, JANUARY 2015 sid ebar • 3

L The newest admittees to the Bar of the Supreme Court of the United States (from left to right): Elizabeth McCall, Brad King, Rob Domenick, Corey Sacca, Shannon Sacca, Doug Welty, Rosalie Bell, Maria Soohey, and Joe Lazzaro. Eric Bononi was admitted on written motion.

L Joe Lazzaro with his wife, Dr. Karen Lazzaro (top left); daughter, Maria (top right); and L son, Sam (above), at the Supreme L Doug Welty with his father, George Welty, Court Admission Ceremony in WBA President and President-Elect, who moved for admission of the group to November. Joe Lazzaro and Maria Soohey. the Bar of the U.S. Supreme Court. and more humorous, as the morning I previously thought the newest Bar traditions in your life and practice went on, keeping his courtroom Justices, Sonia Sotomayor and Elena that you can attend and support. Our audience laughing (at least smiling). Kagan, were purely political appointees traditions preserve and teach our legal Not to be outdone, Justice Antonin designated for the sole purpose of practice values and our community Scalia launched a string of very witty reshaping the tenor of the Court. strength. Please join in fulfilling comments addressed to the serious Instead, I heard some of the this request not only for counselors below, drawing steady, most thoughtful, well prepared, and your own enjoyment, quiet laughter from the courtroom imposing questions coming from but for that of the observers. Although Justice Clarence these Justice rookies. Politics aside, next and future Thomas traditionally does not speak the Court is made of truly astute and generations.
out from the bench, he is often seen clever minds. The Supreme Court is talking and laughing off-mike with very alive, and very human. his neighbor, Stephen Breyer. My hope is not only that the Bar These people really have a good now carry on this revived tradition, time up there. but that you carry on as many of our the the side bar is published bimonthly as a service for members of EDITORIAL BOARD side bar the Westmoreland Bar Association. Letters to the Editor should David J. Millstein, Esq., Editor be sent c/o WBA, 129 North Pennsylvania Avenue, Greensburg, The Hon. Daniel J. Ackerman, Clever Title That PA 15601-2311, fax 724-834-6855, or e-mail [email protected]. the side bar Nobody Notices Here welcomes submissions from members or non-members. Please submit to the Articles Pamela Ferguson, Esq., Terence O’Halloran, Esq., Editor, c/o WBA. Susan C. Zellner, Associate Editors Back issues from 2000 to the present and a comprehensive, searchable index are Diane Krivoniak, Managing Editor available online at www.westbar.org/thesidebar. 4 • sid ebar JANUARY 2015

A Food Critic’s Review Monterey Bay Fish Grotto

by Terry O’Halloran, Esq. decide upon what most would consider pace of my social calendar to the point a “special” place to commemorate the where I can keep up with it. eing a member of the human occasion: The Monterey Bay Fish Grotto I called the restaurant on Wednesday species means that celebrating on Mt. Washington in Pittsburgh. to reserve a table for two on Saturday Bgood times almost always To be honest, I’d never been to this evening. The time choices revolves around humor, socializing, place in its present incarnation. The given to me were and food. Oh, most definitely food! last I’d visited this address was when it 9:30 (too late for And so, when the time came for was called “Christopher’s” back in the the drive back the “O’s” to celebrate our wedding day, so that should give you an idea of to Greensburg side anniversary, it was a natural choice to how the aging process has slowed the afterward) and 5:30. Period. dish Trying to wheedle a little sympathy from the voice on the other end of the phone, I added, “Oh, and it’s our anniversary, so is there a table by the window?” “Hahaha!! Right!” That phone call left me wary about the coming experience, but when we arrived exactly on time for our 5:30 reservation, after three construction delays on our way from Greensburg, we rode up in the outside elevator, and were treated to the breathtaking view of a late afternoon Pittsburgh panorama, bathed in the brilliant sinking sunlight, and were greeted by the maitre d’ with a, “Good evening, Mr. and Mrs. O. And Happy Anniversary! We’re pleased you decided to share your evening with us.” From that point, I thought they’d made reparations for the Wednesday phone call. As it turns out, that was the first of about four “Happy Anniversary” wishes we received on our way to the table and after we sat down. That would have been nice, but they always added the question, “Which one is it?” Understand, at my age, numbers can take on an offensive air all by themselves, so I was thinking that it was none of their damned business which anniversary we were celebrating. As it turns out, that was the absolute last moment of the evening where I had anything approaching a negative thought. continued on page 19 JANUARY 2015 sid ebar • 5

NOVEMBER 2014 TRIAL TERM direction, stopped and activated its f 15 cases listed for the JURY TRIAL flashing red lights. Defendant was November 2014 Civil Jury VERDICTS traveling behind the Plaintiff’s vehicle, OTrial Term, three settled, and failed to bring his vehicle to a stop, seven were continued, one was colliding into the rear of Plaintiff’s car. transferred to binding arbitration, one As a result of the collision, Plaintiff was dismissed, one non-jury trial was claimed to have suffered multiple held and two resulted in a jury trial. injuries, for which he received medical treatment, including but MARK ZIATYK not limited to cervical strain and V. sprain, left shoulder contusion, WADE GREENWALD AND blunt abdominal contusion, herniated CHERYL GREENWALD by Beth L.F. Orbison, Esq., NO. 5161 OF 2011 Shane M. Sarver, Esq., disc, pain, and pain and suffering. and Emily Shaffer, Esq. Defendant did not deny liability, Cause of Action: Premises Liability but contended that Plaintiff’s injuries On November 3, 2010, Plaintiff, were minimal and of limited duration. Mark Ziatyk, was descending the Both Plaintiff and Defendant basement steps of his apartment, Trial Judge: The Hon. Anthony G. presented medical experts who said apartment being owned by the Marsili rendered conflicting opinions on the Defendants. At that time, Plaintiff Result: Verdict in favor of Defendants. extent of the injuries suffered by the alleges that his power had been shut off Plaintiff as a result of the collision. FRED HOFFMAN and that his landlord, Defendant Wade A jury trial was conducted in this V. Greenwald, had previously been in the matter on the issue of damages only. RAY MURRAY, ALSO KNOWN AS basement and unplugged an extension RAYMOND MURRAY Trial Date: November 13-14, 2014 cord, leaving it on the basement stairs. NO. 1164 OF 2011 Plaintiff’s Counsel: Joyce Novotny- Plaintiff tripped over the extension Prettiman and Jessica Rafferty, Gbg. cord and fell to the bottom of the Cause of Action: Negligence— Defendant’s Counsel: Kenneth steps on the basement floor. Automobile Collision—Damages Ficerai, Gbg. Plaintiff claimed that he suffered On May 4, 2009, Plaintiff was Trial Judge: The Hon. Richard E. various injuries, including tearing operating a motor vehicle on Clay McCormick, Jr. his right quadriceps muscle, which Pike, when he came to a complete stop Result: Verdict in favor of Plaintiff required surgery. Defendants raised in the roadway because a school bus, in the amount of $4,678.00. The jury contributory/comparative negligence traveling toward him in the opposite awarded zero for pain and suffering.
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by Robert Domenick, Esq. the issues discussed in his book are still his beloved Mount Vernon, and relevant and current today. move to New York City (then the he latest non-fiction book Giles describes George Washington U.S. capital) to be a mere figurehead. on my reading list is about as unpleased with the results of the He makes a compelling argument that Ta president clearly pushing 1787 Constitutional Convention, George Washington was determined the envelope of his constitutional particularly regarding executive to fill in the holes of Article II through authority. Frustrated by a Congress authority. A proponent of a new his conduct, establishing precedents more concerned with petty bickering Constitution, George Washington for future presidents. than addressing was convinced that if the new nation President Washington and the national concerns, remained a dysfunctional gaggle of First Congress faced issues similar to he issues controversial thirteen independent and constantly those being faced by our president and executive orders, sends feuding states, it would not survive for congress today, such as: How should troops off to fight long and would eventually succumb to the president respond to a crisis when without congressional the colonial European powers of Congress is not in session or when its approval, refuses to Britain, France, and Spain. members refuse to respond? Should he turn over to the Senate Washington assumed act without congressional presidential documents that the new president authority? While these relating to vital foreign would be more than a issues are difficult for any affairs matters despite repeated requests figurehead. However, to president, they were even to do so, and is denounced by his his dismay, the still-Anglo - more challenging in the political opponents as a “Tyrant phobic delegates refused 18th century when travel threatening our Liberty!” to write into Article II was very slow and very Who is this out-of-control chief legitimate executive powers, difficult. executive? Barack Obama? George W. giving the vice president The First Congress went Bush? Richard Nixon? No, it’s our first the job of presiding over a long way in establishing president, George Washington. the senate, while relegating its long and proud reputa - In “MR. PRESIDENT”: GEORGE the president to mostly ceremonial tion as a semi-useless debating society WASHINGTON AND THE MAKING OF tasks: In essence, the president was a and illustrated this dilemma perfectly. THE NATION’S HIGHEST OFFICE , powerless constitutional monarch much Failing to provide sufficient members Harlow Giles Unger furthers his like the current Queen Elizabeth. for a quorum, Congress held its first reputation as America’s most readable Unger theorizes that George session a month late. Once there, they historian in a most insightful fashion. Washington did not come out of argued over petty issues, spending an Though they arose over 200 years ago, retirement, return to public life, leave inordinate amount of time debating over the new chief executive’s title (John Adams favored calling him “His Highness, the President of the Lawyers’ Exchange United States and Protector of the Rights of the Same.” Sensibly, they (Free to all members of the WBA) settled on “Mr. President”) and their own titles and proper manner of address, discussing whether any of LEGAL SECRETARY NEEDED for our downtown Greensburg office. General Civil them were honorable enough to work including computer filing; Workers’ Comp and Social Security experience be referred to as “The Honorable preferred. Excellent typing and computer skills required. Must be familiar with Gentleman.” After that, the argument transcription, have attention for detail, ability to multi-task and meet deadlines, be able to communicate with clients and outside sources. Full time position; benefits turned to who should chair each available. Contact the WBA for details: 724-834-6730 or [email protected]. committee, causing the Southern states to threaten secession at the mere FOR RENT Office at 205 Coulter Building, Greensburg. $400 per month. Formerly mention of the word “abolition.” Not office of Jon M. Lewis. Includes office, room for secretarial and very nice conference until the end of their session did they room. Lease good until October and probably extendable thereafter. Call Jon Lewis at actually address national concerns, 724-836-4730 or Eric Dee at 724-834-2224. passing tariff legislation. continued on page 8 JANUARY 2015 sid ebar • 7 To-Wit: What You Wish For

by S. Sponte, Esq. Never before has mayhem so excited the hooting me. The clients quickly agreed to a fee never has. knew as soon as they walked in arrangement (my offer to pay them to I jumped into the door that this was the case get the case helped seal the deal) and my new crusade I I had been waiting for all my with the power of attorney executed, with unrelenting professional life. Mother and Father they left me blessedly alone to my own abandon. I mean, took a seat on the sofa near the rear salivating devices. come on, how of my office while their marginally “A long, long time ago, in a galaxy often do you get to save two souls pubescent son sat in the chair directly far, far away …” I recited slowly to at the same time? And I might have across from my desk. myself as I yet again recalled standing done it, too, had any of the witnesses He told me that he was being bullied in the alley behind the junior high corroborated my client’s story. As it at school and at once both my ears and school building, fearfully waiting for turned out though, my client had not ire pricked up. Since the beginning of my own antagonist and his entourage. been entirely forthright in his account. the semester, he told me, a classmate I was a new transfer to this school He left out the part about his actually had been taunting him, punching and having been bullied for months by being the bully, about his being the him, and flinging at him the sort of this future assistant janitor, I seemingly flinger of anatomical invectives, about anatomical invectives certain to induce had no choice now but to accept his his harassing, hounding, taunting, and any self-respecting male teenager into challenge to fight; he was bigger, older, tormenting of the kid whose jaw he a fight; well, almost any. and stronger than me, and the match broke. But for that, however, I might He’d refused to fight, he said, lasted maybe thirty seconds. I didn’t have prevailed. but when things escalated, he finally even fight back, threw not one punch, I cut the best deal I could for him, retaliated with a punch of his own that and by the time I got up off the a one-year expulsion. “Does this mean broke the other kid’s jaw into several ground, he and his entourage had I don’t have to go to school for a whole well deserved pieces; now he was facing finished their hooting and were gone. year?” he queried gleefully. an expulsion hearing. The pain went away quickly enough, continued on page 8

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To-Wit: What book mark continued from page 6

You Wish Having accomplished this, the approval later became Washington’s allegedly Honorable Gentlemen of modus operandi. Over his eight years For continued from page 7 Congress put on their powdered wigs, in office, he expanded the president’s boarded their carriages, and rode back powers by acting first and obtaining “Yes,” I replied, “and you should use to from whence they came, leaving Congress’ approval later. Faced with the time to best advantage by learning President Washington with a zero Native American attacks on American the broom.” balance in the National Treasury, settlers in the west, Washington sent Talk about your funks. What do we unable to pay wages or honor the troops to war without Congressional do when our fantasies of redemption contracts of the shipwrights starting approval. Congress later passed the implode, leaving behind a void into to build the new American navy. Unger Militia Act, granting the President which the hauntings of our youth recounts how King George III and his power to draft state militias into opportunistically seep? I think I handle ministers “rocked with laughter” when Federal service. it pretty well, provided a diet consisting they learned how America’s leaders Not an admirer of Washington’s entirely of Hershey bars, pizza, and had demonstrated the benefits of policies, Secretary of State Thomas milkshakes is seen as a solid indicia of self-government. Jefferson, in his most ardent emotional stability. As a man of action, George Francophile infatuation period, I might have nurtured that funk Washington refused to sit in took time away from his dalliances for who knows how long had I not the Executive Mansion in lower with his slave Sally Hemming, recently gone out to dinner at a fine Manhattan and do nothing. He had biological half-sister of his late wife, local restaurant. There, as I handed his Secretary of the Treasury, Alexander Martha, to conspire with Edmond him my keys, I recognized the bald and Hamilton, approach New York Genet, a Jacobin agent from France. grossly overweight valet as the selfsame bankers and persuade them to lend Sent by Robespierre’s government, bully who had in that alley stood over the government $100,000 with the Genet was instructed to organize an me and laughed so many years ago. promise that it would be repaid upon uprising, depose President Washington, It appears my assistant janitorial receipt of the spring tariffs. President and bring the U.S. into France’s orbit forecast wasn’t that far off. Maybe Washington had no Congressional or as a puppet state through a “reign that doesn’t change the past, maybe Constitutional authority to do this; of terror.” They almost succeeded. nothing does, but maybe the present but, he did it anyway. During the next Frankly, Jefferson was fortunate just to is the only present we ever get. I sat session of Congress, they granted him be fired as Secretary of State instead of down at the table and began to think authority to borrow on the credit of more unpleasant alternatives. about his tip.
the United States. In the end, George Washington left © 2015, S. Sponte, Esq. Acting first and seeking Congress’ office extremely pleased with what he had accomplished. On March 4, 1797, something remarkable happened in New York City: After an extremely bitter and venomous election campaign that caused an estrangement between the candidates that lasted until near the end of their lives, John Adams was sworn in as the second president of the United States without Jefferson and his followers contesting the legitimacy of his election, rioting, or plotting a coup d’etat (evidently, he learned his lesson from l’affair Genet) and without Adams exiling, arresting, or executing his political opponents. Political power for the first time changed hands publicly, freely, and peaceably. Truly this was the greatest of George Washington’s many precedents and a lasting gift to us all.
JANUARY 2015 sid ebar • 9

Westmoreland Revisited Cyrus Woods and the Tokyo Earthquake of 1923 by The Hon. Daniel J. Ackerman

L After the Great Kanto Earthquake of 1923, 92% of the buildings in Yokohama, Japan, were destroyed. The quake triggered a 35-foot-high tsunami and roaring fires that decimated the wooden structures of Yokohama and Tokyo. At least 120,000 people lost their lives.

s he gazed at the destruction Earlier in the year, Woods had been Foreign Service which was being before him, among the myriad appointed U.S. Ambassador to Japan. offered by President Taft through A emotions sweeping through As the new ambassador took in what the position of U.S. Envoy to his mind, Cyrus E. Woods must have had occurred on this September day, he Portugal, even though that country felt small and inadequate. Nothing had must have wondered if such a country was somewhat of a hot spot. Its king prepared him for what he saw. Not his continued to exist. and crown prince had been assassinated upbringing, nor his studies at Lafayette in the streets of Lisbon, and the College or Penn THE ROAD TO JAPAN country was suffering the repressive Law School; not Prior to September 1, 1923, aftermath of a recent revolution. his practice as a contemporaries may have remembered In 1915, Woods returned home to corporate lawyer; Woods living the life of a well educated serve as secretary of the commonwealth, not his prominence in Victorian gentleman, dressed in a dark but would be sent abroad again in the Republican Party, suit and bowler hat, daily leaving his 1921, this time by President Harding, nor his service as a home on the high end of North Main to serve first as ambassador to Spain state senator from Street, with its splendid view of the and then to Japan. Westmoreland Courthouse. (The home had been When he arrived in Tokyo to start County’s 39th built on the site now occupied by the his second ambassadorship, he did so L District; not his stint Westmoreland Museum of American as an experienced diplomat. Arriving The Hon. Daniel J. as the U.S. Envoy Art.) His usual destination would in July 1923, the new ambassador Ackerman to Portugal, nor his have been the train station to begin a presented his credentials to Prince ambassadorship to Spain. He was commute to his Pittsburgh law office, Regent Hirohito at the Imperial Palace. witness to one of the greatest natural where he acted as general counsel for continued on page 10 disasters of modern times. the Pittsburgh Coal Company and The devastation was so broad that it represented the Mellon banking was given different names depending interests—relationships which would on one’s perspective, for it was complement his increasing political simultaneously called the Yokohama influence and eventually, in 1901, his earthquake and the Kanto earthquake election to the first of two terms in the (for the Japanese it is known as Kanto Pennsylvania Senate. Daishinsai). With it also came a By 1912, Cyrus Woods, at age destructive tsunami and a firestorm, 51, had been practicing law 23 years, which would not even be surpassed by and he and his wife, the former Mary L the American firebombing during the Todd Marchand, likely viewed with Cyrus Woods and his wife, Mary Marchand latter months of World War II. enthusiasm the prospect of life in the Woods, c. 1900. 10 • sid ebar JANUARY 2015

Cyrus Woods continued from page 9

Joining him in residence at the embassy were his wife, Mary, and her octogenarian mother, Mrs. Mary Todd Marchand. At the time, Captain Lyman Cotton was already in place as the U.S. naval attaché at the Tokyo embassy. A dashing figure, who, in photographs, looks like Cary Grant in a naval uniform, Cotton had served in the Spanish American War, the Philippine insurrection, the Boxer Rebellion, and had commanded a squadron of seventy-two submarine chasers during the Great War. Both he and Woods had risen to prominence in their given fields, but from the beginning of the relationship, the naval attaché viewed his new superior L with suspicion. Ambassador Cyrus Woods (far right), his wife, Mary Marchand Woods (second from left), Writing to his wife, following his and her mother, Mary Todd Marchand (second from right), with a Japanese gentleman initial meeting with the ambassador, in the hallway of the Palace of Princess Takeda, c. 1923. Photo courtesy of the Captain Cotton was quick to judge: Westmoreland Museum of American Art. “I should say that from my limited observation that he is a typical political horizontally aligned and pressing capital was rising and falling in waves. boss ... Fairly clever, very forceful, against each other; one an ocean Strong winds blew yellow dust, not overly scrupulous, ambitious, tectonic plate, the other a continental impairing both sight and the ability and with a well developed ego.” plate. In Japanese mythology, their to breathe. Beyond the seaside village Notwithstanding the events which archipelago sits on the back of a giant of Kamakura, a wave, caused by a would follow, Cotton’s negative catfish, held in place by the Shinto god 400-meter fall of the ocean floor, was appraisal would remain constant, of the earth. But on occasion, if the approaching at a rate of nearly 600 a state of mind which would prove deity’s grip is relaxed, the catfish will miles per hour, rising to a height of detrimental. When not at his post at violently thrash about. At 11:58 a.m. thirty-five feet, before it drowned or the embassy, Cotton spent the summer on Saturday, September 1, 1923, the crushed to death more than 2,000 days with his wife and eleven-year-old catfish broke loose as never before. people. The rupture in the earth son at a mountain retreat on the shore Ignoring the weekend, Ambassador encompassed an area sixty miles long of Lake Chuzenji, about a hundred Woods was at his desk at the embassy and six miles wide. miles north of the capital. when the first shock, with a magnitude For those not fatally mangled On August 16, the ambassador and of 7.9, hit Yokohama, eighteen miles by debris, swallowed by fissures in his attaché welcomed Japanese officials to the south and sped toward Tokyo the earth, or trampled to death by attending a memorial service for at three times the speed of sound. panicked crowds, the main threat President Harding who had died Seemingly, there was no prelude to the was fire. The quake struck as hundreds unexpectedly in San Francisco. More tremendous jolt. A visitor in Woods’ of thousands were preparing lunch solemn events would soon follow. office, Major Charles Burnett, pulled over hibachis, which, when knocked Woods out of his chair just before over, spewed burning charcoal in THE CATFISH BREAKS LOOSE the ceiling collapsed upon it and the all directions, igniting hundreds of To the east, in what has always ambassador’s desk. As they exited the separate fires. Ninety percent of been the world’s most seismically room, one of the office walls fell inward. Tokyo’s two million residents lived in active zone, 50 to 120 miles beneath By the time they escaped the structures made of wood; and because the ocean floor, stress was constantly crumbling office, Yokohama, Japan’s the quake severed the water lines, the building between two seemingly principal port, had been all but city’s small 500-man fire department immovable masses which were destroyed and the ground beneath the was left impotent. JANUARY 2015 sid ebar • 11

BEHIND THE CHAOS many carrying what belongings By nightfall, the U.S. Embassy had Behind the chaos were uncounted they had salvaged, gladly piled into burned to the ground, but not before incidents of agony, heroism, and the sanctuary. Many had brought food Woods and his staff had salvaged despair. In the city’s red light district, and were buoyed by seeing relatives crucial documents and equipment, 3,000 prostitutes worked in 175 and friends in safety. One survivor and the embassy’s operations had brothels. When the earthquake hit, said the grounds looked “like a big been moved into the newly built the owners locked their doors fearing neighborhood block party.” Hotel Imperial, one of the few a mass defection of their charges. By four o’clock, however, fires structures in the city which remained But when the fires grew near, the had crept closer to those who were safe to occupy. The hotel, designed by brothel owners relented and many now packed into the depot grounds Frank Lloyd Wright, was considered of these young girls ran to a nearby shoulder to shoulder, and the heat was the architectural gem of the city park and immersed themselves in the becoming unbearable. Then, a sudden and would remain so for decades, twelve-foot-deep water of a pond in updraft of superheated air came into notwithstanding damage to one an attempt to escape the intense heat. contact with winds aloft, creating wing during the war. Soon, the pond was a churning caldron a rare, but diabolical phenomenon, Likely suppressing astonishment, of humanity. The next day, 490 corpses a “dragon twist,” or fire tornado, fear, and doubt, and described as would be pulled out of the water, 440 which sucked up oxygen and burned “disheveled, but poised,” Woods of them young women. everything in its path. Its 150 mile- set about doing what he could. People were frantic to find refuge in per-hour winds rose to a height of With all telephone and telegraph lines open spaces where they would feel safe 200 yards. Its base was 300 yards wide. severed, the ambassador told RCA’s from collapsing and burning buildings. In three seemingly unending minutes, representative in Tokyo to send wireless Police on horseback steered tens of it passed through the depot grounds. messages to Washington, the Asiatic thousands to a twenty-acre lot which Of the 44,000 people who entered the Fleet, and the governor-general of the had previously contained the Army enclosure there were only 300 agonized Philippines describing the disaster and Clothing Depot. The buildings had survivors. The distraught chief of requesting immediate aid. His personal been razed, and the area, now open, police, who had ordered the evacuation message to Secretary of State Charles was enclosed by a ten-foot-high into the grounds, disemboweled Evans Hughes read: “All embassy corrugated tin fence. Refugees, himself in a ritual act of seppuku . continued on page 12

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Cyrus Woods continued from page 11 buildings totally destroyed but no many young Koreans had left their persons; and, a Transportation Section one in embassy injured. Food situation impoverished country for Japan in sought out operable motor vehicles to very acute. Send rations at once from search of work, but found themselves transport food rations. Philippines.” to be an unwanted and despised It came as a surprise, at least The situation, of course, was minority. An uprising in Seoul against to most westerners, that when aid unmanageable in its scope, and was Japanese rule in 1919 was put down began to arrive, Japanese officials exacerbated by repeated aftershocks— by the military with the loss of 6,000 told U.S. naval officers, in essence, 200 in the first 72 hours. Applying the Korean lives; and early in 1923, police to go away, that their help was not most conservative figures, 120,000 claimed to have uncovered a Korean needed; a display of pride or insecurity people were killed—exceeding the plot to assassinate Japanese officials. prompted by fear of losing face. 118,000 Japanese soldiers killed in It was estimated that in the week Ambassador Woods, however, a year of fierce fighting during the following the quake, xenophobia understood the essence of this attitude. Russo-Japanese War in 1904-05— caused the murder of over 2,000 In his report to the State Department, and almost double that number were Koreans, and 4,000 more were three weeks after the quake, he wrote: injured. In Tokyo alone, 440,549 interned in camps by officials for “I felt we had a great opportunity buildings had been destroyed and their own protection. to break down the suspicion and 1,357,000 people—67% of the antagonism against the United States population—were now homeless. CREATING ORDER FROM CHAOS existing in the minds of many Japanese In Yokohama, 92% of the buildings From his makeshift offices in the ... In order to avoid the friction which were gone. Imperial Hotel, Woods created the was sure to follow the sending here of As if nature hadn’t done enough, American Relief Committee in an relief workers ... I suggested that the many survivors, mostly crazed young attempt to create some order out of the supplies furnished by us, except for men, began to kill members of the chaos. Its Information Section formed our own nationals, be delivered to the country’s Korean population. During a courier service to transmit messages Japanese authorities at the wharf for the earthquake, prison guards had between the embassy and the arriving distribution by the Japanese Relief released nearly a thousand Korean Atlantic Fleet; compiled lists of dead Bureau ... Admiral Anderson prisoners in an attempt to spare and missing Americans; attempted to immediately upon [his arrival] heartily their lives, and a rumor grew that the reunite family members; and, tried to concurred in this policy, and later it Koreans were looting and poisoning handle the deluge of daily requests for was properly accepted by the American wells and reservoirs. Korea had been help. The Refugee Section worked on Red Cross.” Likewise, Woods directed a military protectorate of Japan, and providing shelter and cots for displaced the U.S. Army to turn over the administration of its hospital to Japanese doctors and nurses. The ambassador would work nearly round-the-clock in the provisional embassy while his wife and mother-in- law slept on the floor of a farmhouse “Helping You Control outside the capital. In the end, what Your Health Insurance the ambassador had started turned into the largest disaster relief program Costs Since 2002” which had ever been pursued up to As an independent health insurance that date, with the American Red broker, we are able to shop carriers and plans every year. Our job is to Cross alone raising the unprecedented ensure you are getting the best price and coverage for you and your clients. sum of $12 million in donations. Your goals are our #1 priority! We have been the health insurance broker It is worth noting that all of this of the Westmoreland Bar Association and members since 2008. had been done without the aid of the ambassador’s harshest critic. With What We Offer: For a Free Quote Call or E-mail Today: monumental misjudgment, Captain • Small Group Plans Bob 724-312-3454 Cotton remained at his mountain • Medicare Advantage Plans Valerie 724-312-2762 retreat for six days after the earthquake • Individual Plans E-Mail [email protected] • Supplemental Plans Web www.rjswanninsurance.com before reporting to the embassy. Cotton’s excuse was that he had not JANUARY 2015 sid ebar • 13 received orders to appear. In fact, about by the handling of America’s a dispatch had been sent, but was aid convinced him that there was no misdirected. Quite properly, Woods possibility of war in the Pacific during would have none of it. Cotton knew, his generation. But there were those in as everyone did, the magnitude of the both hemispheres who were not willing emergency, and staying put for almost to let well enough alone. a week was inexcusable. When Cotton Japan had an expansionist agenda appeared, Woods dismissed him from long before 1923, but some thought his staff as persona non grata . the disaster might quell its ambition. The man who Cotton had sized One prominent Japanese told Woods: up as a “typical political boss,” was, “This catastrophe will put Japan in within a month, viewed as a hero. The the position of a third rate power …” generally anti-American newspaper, Yet, as early as September 16, the the Tokyo Nichi Nichi ran a cartoon in Prime Minister announced: “The October showing a girl in a kimono rebuilding of the city is therefore, pinning a metal reading “Heartfelt not merely the question of a city; it Gratitude” upon Woods, who is is an important national undertaking, standing in the midst of flag-waving L essential in the promotion of the ragged survivors. The caption Cyrus Woods, May 15, 1923. progress of our empire.” proclaimed, “ALL TOKYO RINGING The declaration of martial law had PRAISES WOODS.” Samuel Reber GOODWILL DOES NOT LAST LONG handed the army sweeping powers of RCA wrote of Woods: “His name The American response to the which they used aggressively and will ever be linked with that of Perry 1 earthquake was the high point in sought to sustain. In 1931, Japan in all future histories of Japan.” the relationship between Japan and moved to occupy Manchuria. Three America. In a report prepared by years later, it would bomb Shanghai ______Admiral Edwin Alexander, who to “protect” Japanese nationals 1 Matthew Perry, American naval officer who opened diplomatic and trade relations with Japan had worked closely with Woods, the living there. And across the Pacific, in 1854. admiral noted that goodwill brought continued on page 14 14 • sid ebar JANUARY 2015

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Americans offered their own Appalled by these developments, Asahi : “Thousands of cheering people contributions toward a worsening Woods sent a series of telegrams to the crowded into the courtyard of the relationship, even more quickly. Secretary of State urging opposition Imperial Hotel to bid him farewell, In fact, some states had a head to the bill’s passage; and in turn, the while the entire city displayed American start. Three years before, in 1920, the Secretary wrote to the bill’s sponsors, and Japanese flags over the ruins. The Washington state legislature barred saying: “The bill tends to convert Japanese public will undoubtedly feel further Japanese immigration, Japanese gratitude for American that with the departure of Mr. Woods, and a ballot initiative in California sympathy and help at the time of the another link in the friendship has been overwhelmingly passed, barring further earthquake into high resentment.” severed.” After only a year at his post, Japanese ownership of land. On July 1, 1924, the bill was on Cyrus E. Woods was sailing home on Three months after the earthquake, its way to become law when it was a flood of gratitude. despite the generosity evidenced by passed in the Senate by a vote of 76 American donations to the relief effort, to 2. Several days later, Woods resigned EPILOGUE the anti-Japanese mood, so prevalent his ambassadorship. Not wishing to After Japan, Cyrus Woods returned on the west coast, took root nationally criticize his own government from to the law and politics. In 1929 and ’30, when Congress began to debate the abroad, he offered the pretext of he took one more turn at public service, passage of the National Origins Act “family matters,” i.e. the need to care as Pennsylvania’s attorney general. The (otherwise known as the Japanese for his mother-in-law, who had been initial feelings of dismay which he must Exclusion Act). If passed, it would slightly injured in the quake. have felt when he viewed the calamity limit immigration for national/ethnic He would stay until November, in 1923 likely tugged at him again as groups to 2% of their representation putting things in order for his he watched Japan’s imperial ambitions in the 1890 census. Applied to the successor, wrapping up unfinished bloom as it brutally vanquished its Japanese, it meant that entrance business, and saying goodbyes. The Asian neighbors. would be limited to 480 immigrants scene of his departure was preserved He would not live to see the second a year. in an editorial published by the Osaka destruction of Tokyo, or the start of the

Representing clients in Westmoreland, Allegheny, Armstrong, Butler, Indiana, Clarion, and surrounding counties  Personal Injury Medical Malpractice Criminal Defense  10 Feldarelli Square 2300 Freeport Road Duke George Daniel Joseph New Kensington PA 15068 Phone: 724.339.1023 Fax: 724.339.3349 www.georgeandjoseph.com JANUARY 2015 sid ebar • 15 war. On December 8, 1938, Woods died at age 77, in Philadelphia, where he had gone for medical treatment. The legacy of Mary Todd Marchand Woods is even more In its obituary, the New York Times said he “made diplomatic recognizable than that of her husband, for this game woman history when, refusing to seek personal safety in flight, who suffered through the terror of the earthquake, gave to her community one of its greatest assets. he took charge of American Red Cross and reconstruction Once Cyrus retired from public service in 1930, he and activities and directed them with such efficiency that he Mary resumed their domestic life in Greensburg until his became, to the Japanese, one of the outstanding heroes of death eight years later. Thereafter, she continued to live alone the disaster.” The front page headline of the Greensburg in the house high atop Main Street. She tended her yard and Daily Tribune read, “CYRUS E. WOODS DIES IN EAST” garden and was frugal to a point which drew comments from The article which followed described him as “one of the neighbors, who said that she took her lunches (a bowl of most distinguished statesmen Westmoreland County ever soup) from the cafeteria gave to the state or nation.” He and his wife, Mary, were at the high school across buried in Greensburg’s St. Clair Cemetery. the street. As for Lyman Cotton, any apprehension he may have Those who might had that Ambassador Woods might pursue the matter have thought that her further and harm his career was unfounded. The ambassador thrift grew from need apparently viewed Cotton’s dismissal from his staff as were likely taken aback sufficient punishment, and let the matter rest. Cotton was when, in 1949, she reassigned to an intelligence unit of the Navy Department announced the formation in Washington, and two years later was given the captaincy of the Woods-Marchand of the USS Richmond, a light cruiser. On his initial tour Foundation, which she endowed with a bequest of aboard the Richmond, Captain Cotton, at age 51, contracted $2 million when she died at age 80 on January 28, 1953. pneumonia and died in the service of his country, having The foundation was created by her for the purpose of funding fully atoned for his one lapse of judgment.
an art museum dedicated in memory of her husband. On May 29, 1959, her dream came to fruition when the SOURCES public was admitted through the doors of the Westmoreland — 50 Years Into the Vision. Westmoreland Museum of County Museum of Art (now the Westmoreland Museum of American Art, 2009. American Art), situated on the site of her home.
— “Cyrus E. Woods Dies in East,” Greensburg Daily Tribune. 8 December 1938. — “Cyrus Woods.” Wikipedia. Web. 3 May 2014. — Hammer, Joshua A. Yokohama Burning. Free Press, 2006. — James, Charles D. The 1923 Tokyo Earthquake and Fire. University of California, Berkley, 2002. — Schencking, Charles J. The Great Kanto Earthquake and the Chimera of National Reconstruction in Japan. Columbia University Press, 2013. — The Cyrus E. Woods Papers. Georgetown University. Web. 7 May 2014. ______Author’s note: My thanks to Barbara L. Jones, Chief Curator, Westmoreland Museum of American Art, for providing material pertaining to Mary Marchand Woods.

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231 South Main Street, Suite 309 Tel: 724-708-5291 Greensburg, Pennsylvania 15601 Fax: 724-205-6030 [email protected] 16 • sid ebar JANUARY 2015

The Retirement of Paul Kuntz continued from page 1

case from beginning to end, and most jobs, being at sea can be Westmoreland County. He is the application of uniform principles frightening, particularly during recognized statewide as one of to the operation of the district storms or when on alert in a war zone. the best, if not the best, court magistrate courts.” Also, unlike most jobs, being in the administrator in Pennsylvania. His There was no way for Paul to Navy can take you to many places outstanding reputation is known all know when he chose to enter the most people will never see, and it over the state. Court administrators Naval Academy that his experiences provides opportunities to meet people from other counties all over the state in the military would play such a and to make friends most people will seek out his advice. He is progressive pivotal role in his getting the court never meet.” and an innovator. The state association administrator position Paul has lived in and visited of Court Administrators always and becoming one many beautiful places including looked to Paul to create programs of the most respected San Diego, Hawaii, Carmel, Savannah, to be used statewide to educate all court administrators Annapolis, Italy, coastal Spain, Turkey, court administrators. As a result of in the mid-Atlantic southeastern Asia, and Sweden; but his efforts and ideas, Westmoreland region. his heart has always remained here. County has often been chosen as Paul enlisted in “Western PA is home,” Paul said, the county that would pilot new the Navy, not as a when asked why he decided to programs.” conscious decision return. “I know the people and the Judge Christopher Feliciani to advance his career, culture. My family is here. I spent has found Paul’s knowledge and L but, rather as a means my childhood here. The Penguins professionalism to be instrumental Paul Kuntz, 1992 to perpetuate his and Steelers are here. It made sense in facilitating the development of the family’s tradition to return home to the people I knew Family Drug Court. “Not only did he of service to one’s country. “My and loved.” help to get things off the ground,” father and uncles, like their father In 1986, after traveling the world, Judge Feliciani said, “he has also been and grandfathers before them, had Paul answered a national ad he saw in a team member administering the all served the country during wars and the Pittsburgh Post Gazette and the rest Family Drug Court for the past three conflicts from the Civil and Spanish is history … years. More recently, Paul has been American Wars through World War II “Westmoreland County was very instrumental in our drug court training and Korea. I grew up hearing the fortunate that he was hired some and focused on the development and stories about “the War” and the 27 years ago,” Judge Caruso recalled. implementation of a criminal drug hardships mothers like mine endured “He has done wonderful work for court program.” at home, alone with infants and toddlers. I could not imagine not serving.” (Family folklore has it that some of Paul’s ancestors arrived as Hessian soldiers, deserted, and settled in the hinterlands of Pennsylvania.) Life is Taxing, so why Go it Alone? Through the Navy, Paul saw the Federal ! State ! Local TAX Disputes and Resolutions world and honed his management ! Wills ! Estate Planning skills. During his eleven years in the Navy—four years at the Naval Academy and six years as Attorney John A. Cochran, a commissioned officer (two as an Master of Science in Taxation and C.P.A. with 29 years of Experience

exchange officer for the Swedish Navy, 140 S. Main Street, Suite 301 stationed on a torpedo boat and a Greensburg, PA patrol boat on the Baltic and Nort h Seas)—Paul experienced adventures TEL: 724-216-5180 FAX: 724-420-5464 most of us read about in books or see [email protected] on television. “Like any job,” Paul described, “being at sea can be exciting, boring, rewarding, and frustrating. Unlike JANUARY 2015 sid ebar • 17

While Paul may have made it look easy, he admits to judges have the ultimate decision regarding how to operate. changes in perspective, adapting to those with whom he That being said, we most often followed his sage advice.” worked, and overcoming challenges along the way. “On Judge Chris Scherer found his professionalism and my first day as court administrator,” Paul said, “President dedication to his job as unparalleled. Judge Debra Pezze Judge Mihalich mentored me regarding having reasonable concurred. “Paul has been a continued source of sound expectations, describing change in counsel and advice for all of us,” she the court system as an ‘evolutionary’ He has done wonderful said. “I have profound respect for him process. I quickly heard, particularly as a court administrator and a person. work for Westmoreland from more senior judges and attorneys, He will be greatly missed. I hate to the mantra, ‘if it ain’t broke, don’t fix County. He is recognized even think about it, but I wish him a it.’ My preference had been, ‘if it ain’t statewide as one of the happy and well deserved retirement.” broke, break it,’ believing that there is Judge Rita Donovan Hathaway always a better way.” best, if not the best, met Paul in 1988 when she began Paul also had to adapt to a different court administraor in working as a prosecutor, but she didn’t workplace culture: “Prior to this Pennsylvania. realize the extent of his responsibilities position, I had never worked in a until she became a judge in 1998. culture predominated by women. Adapting was a difficult “His intellect is obvious, yet he is extremely humble,” she task for one so task oriented; however, over the years, I said. “He has the ability to resolve any problem with tact learned to attach more value to developing relationships and grace. I consider Paul to be a trusted friend, and I wish in the workplace.” him health and happiness in his retirement.” Cultivating workplace relationships through respecting “The Courts have truly been blessed to have someone others’ opinions and showing deference to the Court has with Paul’s intelligence and work ethic to run our Courts,” been an integral part of Paul’s philosophy, and one greatly Judge Michele Bononi said. “While his retirement is well appreciated by all the judges with whom he has worked. deserved, he will be missed.” “He was always so easy to work with,” Judge Caruso said. Paul admits the court administrator position was “He is not afraid to give his opinion on matters of court not without its challenges. “The greatest challenges I administration within the county. While expressing his experienced,” he said, “were managing human resource opinion, which is always much valued, he recognizes that the issues, addressing the interests of multiple elected officials, and advocating for local independence where it made sense. A uniform, statewide approach is often in the judiciary’s best interest, but selling mandated change to a resistant local culture is difficult; if a mandated change cannot address rational, long-practiced procedures, finding a way to maintain local procedures can be difficult. The recent adoption of state custody forms and bridging those forms to our local practice is a prime example.” Maintaining balance, working hard, getting involved in professional organizations, and networking have allowed Paul to reach the pinnacle of his career and are recommendations he offers his successor, Amy DeMatt. Paul mastered the art of networking and never shied away from getting involved. He recounts his most memorable experiences as court administrator as his: election as president of the Pennsylvania Association of Court Management; election as president of the Mid Atlantic Association for Court Management; earning a certification and fellowship in the Institute of Court Management of the National Center for State Courts; personal receipt of that certification from Chief Justice Warren Burger; and his ten-plus years as a member of the Supreme Court’s Criminal Procedural Rules Committee. Judge John Driscoll, who served with Paul on the Criminal Procedural Rules Committee said, “Paul was an important, long-time member of the Supreme Court continued on page 18 18 • sid ebar JANUARY 2015

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Criminal Rules Committee, often being the member who just to name a few, plus perhaps the most important, being a brought clarity of thought and context to complex drafting gentleman and friend to us all. Paul does not know the mean - issues. At every turn of his career, his personal qualities of ing of the word ‘no,’ sometimes to his own detriment. I have humility, integrity, and humor inspired those of us who had attempted on numerous occasions to convince him to recon - the unforgettable pleasure to have worked with him. In the sider his retirement, and a couple of times I think I actually 1980s, PJ Mihalich formed the Criminal Court Crisis Com - had him considering postponing it all! I then realized that it mittee. Paul’s invaluable work led to a smooth and effective was unfair of me to badger him in this way, because I know work plan, and the redesign of the criminal court system. that for Paul, it is always difficult for him to say ‘no.’ I finally For many things, we are all grateful to this excellent public relented and now wish him to know that it was only out of servant. His career is a model for all who enter public service.” personal selfishness that I attempted to delay the inevitable Despite all of the accolades and honors he received over retirement he has so graciously earned. I am sincerely the years, Paul is without hubris, choosing instead to main - grateful and appreciative of Paul’s professional guidance and tain a low profile while offering sound advice, guidance, and commitment to the courts, and to me personally over the friendship to those with whom he has worked. “A few years course of the last eleven years. He will be sadly missed.” back,” Judge Feliciani remembered, “my band was hired as the New to the bench a year ago, Judge Meagan Bilik-DeFazio entertainment for the State Court Administrators Conference appreciated his candor and pragmatism: “I gave Paul the in State College. It was not until that event that I learned of nickname ‘Debbie Downer’ because he’s always the one at the first-class, statewide reputation that Paul had earned as the meeting to tell me all the reasons why my ideas can’t the Westmoreland County District Court Administrator. It work! That’s his job, though—to usher in the new judges also wasn’t until that event that I learned that Paul has some to the judicial ‘real world.’ Paul is one of the most organized pretty good dance moves as well, some of which may have and conscientious people I have ever worked with and I am contributed to the need for his knee replacement!” going to miss his smiling face!” Judge Feliciani continued: “Paul has demonstrated many Over the course of his 27 years as court administrator, Paul invaluable qualities: perseverance, loyalty, commitment, has had the unique experience of working for eight President dedication to the legal profession and court administration, Judges. Current President Judge Richard McCormick has worked with Paul since assuming the bench in 1990; his months as president judge have solidified his perception of IRS/TAX Paul as the consummate administrator: “The first time as a judge that I dealt with Paul Kuntz, he had the unenviable TROUBLES? task of informing me that the President Judge had decided that, unlike the rest of the judges, I would not be getting my own court reporter. Not such an auspicious beginning, but TAX ATTORNEY he did it so nicely that he made it somewhat easier to accept. The next day, he suggested that I hire Cindy Arcuri as my JEFFREY W. court clerk. What a great recommendation! I knew then that I was in good hands with Paul tending the helm. Over the years, in matters great and small, Paul has made my life, and the lives of my fellow judges easier, more orderly, and more BUR ZAWA tolerable because of the myriad of functions he performs. As the last of eight President Judges he has served, I wonder how any of us could have survived this second job without him.” Judge McCormick agreed Paul’s renown is far-reaching: UNFILED RETURNS “His reputation throughout the Commonwealth was LEVIES/LIENS as the consummate court administrator, the epitome of organization and dedication, the prototype for what a court DEATH TAXES administrator should be. At a recent training for President Judges, I received many condolences from my fellow judges and statewide administrators because of Paul’s retirement.” 724-837-0357 This Naval Academy graduate, this lawyer, this IT 30 YEARS EXPERIENCE professional, this holder of judges’ ears, this officer, and this ReduceIRSTaxes.com gentleman, has done way more than yeoman’s work and to our great and eternal benefit leaves everything ship-shape.
JANUARY 2015 sid ebar • 19

Monterey Bay continued from page 4 Actions of The wait staff was attentive, as you no breading—I chose the Barramundi, would expect at any fine restaurant, from Bali, sauteed and served over a bed the Board but they were actually “nice” without of crushed macadamia nuts. Barramundi OCTOBER 15, 2014 being obsequious or snooty. That was is a delicate white fish, and as deliciously • Topics discussed at the annual refreshing. Our table was not “at” the moist as it was prepared, it actually Judges/Board of Directors window but one table removed, still cries out for some treatment with either meeting included: affording us what I consider to be a sauce or some other complement; — Learned that Court the Best View of the city from any the macadamia nuts were a delightfully Administrator Paul Kuntz’s restaurant on Mt. Washington, being different approach. retirement is set for at least 100 feet higher than anyone We chose the a la carte side order December 12. else with floor-to-ceiling windows of cheese risotto, prepared differently — Acknowledged the judges about 20 feet high, and at the very end every night, served family style for for their help in increasing of Grandview Ave., giving the the two of us, and wound up court-appointed hourly fees. “Full Monty” view of the asking them to wrap up the — Proposed Bench/Bar Point, if you will. uneaten risotto and one Conference location of Even if the vacuous, of Mrs. O’s crab cakes. Mountaineer Casino. nerdy, 12-year-old wine Yes, there was enough — Heard that Supreme Court side issued mandate to keep steward (OK, maybe a food! backlog of civil cases— bit subjective there) was And then, dessert. two years old or older— pleasantly ignorant of dish Oh, my. below 25%. the 2012 Chateau St. Jean We usually split our • Approved repair to the roof with Sauvignon Blanc I ordered desserts but since this was a roof coating at cost of $8,975. for our meals, he cheerfully read a special occasion, a splurge was • Agreed to invite board the labels in the bin and gave us in order. Mrs. O’s White Chocolate members to the Investment the right bottle. And it was a perfect Macadamia Mousse and my Angel Committee meetings. compliment to what I would consider Food Grilled Cheese Sandwich (First • Reviewed a proposed resolution a memorable feast! Place Award Winner in Pittsburgh of SB76, which will be presented, We began with calamari served with Magazin e) came served on elegant to the membership at the a mango sauce (sweet, yet spicy) and triangular plates with “Happy Quarterly Meeting for a vote. a red pepper sauce that begged to be Anniversary” scrolled in chocolate This bill proposes a sales tax sopped up with the bread after the alongside our desserts. on all legal services. calamari was gone. And then they told us they’d paid • Learned that Mrs. Soohey will Mrs. O had a Caesar salad while for one of our desserts because it was serve as the presidential one-year I opted for their she-crab bisque, the our anniversary, whichever one it was. appointee on the PBA House of bisque poured table-side over a glob I cried. At last, I could afford to pay to Delegates. of she-crab mounded in the bottom get my car out of valet parking! • Learned that Pete Cherellia of the bowl. Food reviews such as this are usually agreed to serve as new Chair of Monterey Bay prides itself in flying offered to afford you, the reader, an the Fee Dispute Committee. • YL Chair Allison Thiel reported in fresh fish daily, and tells you where opportunity to decide if you want that YLs are working on a it came from. So, while Mrs. O chose to try the place or not, but we found location for the Christmas her favorite lump crab cakes from out while dining there that future after-work gathering, and that Maryland for her dinner—done to opportunity to experience what we the “Judge Ober’s Workday” perfection, by the way, with almost did was limited to 2014. New Year’s is set for Saturday, October 18, Eve was the last night Monterey Bay from 10-5. was open before closing up for a couple • Learned that President-Elect of months to undergo a multi-million Soohey, BBC Co-Chair Allison Law Speak dollar renovation. And while I am sure Thiel, and Executive Director “You must not be partial that the new décor “will not suck” (in Krivoniak are headed to in judgment: hear out the the vernacular of the young,) I already Mountaineer Resort for a small and the great alike ...” miss the legendary ambiance of what site visit on Friday, October 17, — Deuteronomy 1:17 I just experienced at Monterey Bay for the 2015 BBC.
Fish Grotto.
PRESORTED STANDARD U.S. POSTAGE PAID 129 North Pennsylvania Avenue GREENSBURG, PA Greensburg, PA 15601-2311 PERMIT #678 www.westbar.org

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

JANUARY 16 Courthouse closed in observance • The 12-step recovery 19 Courthouse closed in observance of Presidents Day of Martin Luther King, Jr., Day meeting, exclusively for 17 Family Law Committee, Noon lawyers and judges, is in 20 Family Law Committee, Noon [CLE] Trial Tips in Action, downtown Pittsburgh every 21 Elder Law & Orphans’ Court 5 p.m., Westmoreland County Thursday at 5:15 p.m. For Committees, Noon Courthouse the exact location, call Pennsylvania Lawyers Membership Committee, Noon 18 Membership Committee, Noon Concerned for Lawyers at 28 Ned J. Nakles American Inn of 19 [CLE] Trial Tips in Action, 1-800-335-2572 . Court, 5 p.m. 5 p.m., Westmoreland County • LCL has a new website at 29 [CLE] Trial Tips in Action, Courthouse www.lclpa.org . Attorneys 5 p.m., Westmoreland County 24 [CLE] Trial Tips in Action, and judges will find informa - Courthouse 5 p.m., Westmoreland County tion on how LCL can help FEBRUARY Courthouse them, a member of their 3 [CLE] Trial Tips in Action, Ned J. Nakles American Inn of family or a colleague who 5 p.m., Westmoreland County Court, 5 p.m. may be in distress. It is Courthouse confidential and easy to 26 [CLE] Trial Tips in Action, 10 [CLE] Trial Tips in Action, navigate. Visit it today. 5 p.m., Westmoreland County 5 p.m., Westmoreland County • Lawyers Confidential Courthouse Courthouse Help Line: 1-888-999-1941 . Operates 24 hours a day. It’s your chance to be a leader.

he Westmoreland Bar Association’s Soohey, Samuel R. Coury, Terrance C. Any member interested in running Nominating Committee is Ferguson, Michael J. Stewart II, and for any of these positions should Taccepting applications from Charles R. Conway—will meet in submit an application to the Chair of members who would like to serve in February, after the application deadline, the Nominating Committee, c/o the leadership positions with the WBA. to review applications, interview WBA. See the reverse side of this The positions of President-Elect and candidates, and prepare a slate of announcement for the application, or Vice President of the Board and one nominees to present to the Board download a form at www.westbar.org . opening on the Board of Directors of Directors and the membership of Candidates may submit a completed will be among the positions to be the Westmoreland Bar Association. application by first-class mail, fax filled by election at the annual (724-834-6855), or e-mail (dk.wba@ meeting. Additionally, there is verizon.net). The WBA must receive one opening on the Membership the application by 4:30 p.m. on Committee , and one opening on Friday, February 13, 2015. the Building Committee . For more information about any of The Nominating Committee—Dara A. the positions, contact a Nominating DeCourcy, Chair, John Greiner, Maria Committee member.

Board is available. The Membership Committee member will: The President-Elect automatically • Attend monthly committee succeeds the President at the meetings. expiration of the term of the President • Personally interview and educate then in office, or if the office of applicants on the workings of President becomes vacant. One position is available, for a the WBA, including committee The Vice President automatically three-year term. The Director will: assignments, staff responsibilities, succeeds the President-Elect at • Attend all board and appropriate and new lawyer opportunities such the expiration of the term of the committee meetings and special as the mentor program, the Young President-Elect then in office, or if events. Lawyers, and Pro Bono. the office of President-Elect becomes • Serve on committees and offer to • Make recommendations for vacant. In the absence of the President take on special assignments. membership eligibility and class and President-Elect, the Vice President • Inform others about the (participating or associate). presides at any meetings and carries Westmoreland Bar Association and out the President’s duties. its activities and functions. The Board of Directors ensures • Assist the board in carrying out its Building that the WBA’s mission, services, fiduciary responsibilities, such as The Building Committee is responsible policies, and programs are carried reviewing the organization’s annual for maintaining the management and out. Applicants should have experience financial statements. upkeep of Bar Headquarters. One in WBA activities such as chairing a • Take responsibility and follow position for a five-year term is committee, attending bar functions, through on given assignments. available. The Building Committee and being active in the bar community. • Contribute personal and financial member will: In addition, they must be able to think resources in a generous way • Attend quarterly committee clearly and creatively, and work well according to circumstances. meetings. with people, individually and in a group. • Open doors in the community. • Be knowledgeable about the Interested candidates should utilization of Bar Headquarters know that the responsibilities include for business and social functions. attending each monthly board meeting, Membership • Help to develop annual budget for the annual board retreat, and planning The Membership Committee is the first operation of building. retreat, all bar association and point of contact that most applicants • Make recommendations to Board of foundation activities, and serving for membership will have with the Directors on matters of concern in at the president’s request. WBA. One position for a five-year term building upkeep. 2015-2016 CANDIDATE INFORMATION FORM Applications must be received by the Westmoreland Bar Association by February 13, 2015, at 4:30 p.m.

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: I President-Elect If you have any questions, please contact them. I Vice President I Director (3 yr.) Dara A. DeCourcy, Chair I Membership Committee (5 yr.) John Greiner I Building Committee (5 yr.) Maria Soohey Samuel R. Coury Terrance C. Ferguson Please provide the following information. Attach Michael J. Stewart II additional background information that you feel Charles R. Conway 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: ______Trial Tips in Action 2015 An accredited provider for the PA Board of A chance to earn FREE CLE credits 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 qualifies you for1.5 free CLE substantive credits per session. 7 Dates Available January 29 Only 12 jurors are needed for each session, so return the registration form as soon as possible. February 3, 10, 17, 19, 24 & 26 Courtrooms #3 & #5 No walk-ins can be accepted.

WBA Trial Tips in Action Seminar Registration Form ­ Fax 724-834-6855 or mail completed form to: WBA, 129 North Pennsylvania Avenue, Greensburg 15601

Please check the appropriate area : PLEASE NOTE: _____ Register me as a juror for the trial advocacy seminar, I do want 1.5 FREE CLE substantive credits per session. The total time frame for each session will be approximately _____ Register me as a juror for the trial advocacy seminar, I do not want CLE credit. 1 hour and 45 minutes. Name ______Jurors will receive 1.5 Address ______FREE CLE substantive

______credits for an entire session.

Email address ______Telephone ______

For those wishing CLE credit: Attorney I.D.# ______

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 Thursday, January 29 q Tuesday, February 3 q Tuesday, February 10 q Tuesday, February 17 q Thursday, February 19 q Tuesday, February 24 q Thursday, February 26 Nuts and Bolts of Criminal Defense Practice in Westmoreland County — LIV­E — 2 Substantive Credits Available An accredited provider for the PA Board of Continuing Legal Education

Nuts and Bolts of Criminal Defense Practice in Westmoreland County Thursday, February 12, 2015 Topics of Discussion u 12:00 pm - 2:15 pm Client Consultation and Fee Agreements u Handling a Preliminary Hearing WBA Headquarters u Omnibus Pre-Trial Motions u Trial Preparation and Practice Sponsored Seminar Fees: u Plea Bargaining and Sentencing Alternatives by the PRE-REGISTRATION: Westmoreland (Must be prepaid & received at the WBA Speakers: office by 12 pm February 11, 2015) Academy of Trial Michael D. Ferguson, Esq. Lawyers CLE Credit Ferguson Law Associates WBA Members - $30 per credit hr. Non-Members - $50 per credit hr. Jeffrey D. Monzo, Esq. Non-Credit Galloway Monzo, P.C. $10 Flat Rate Waived for Young Lawyers (practicing 10 Two (2) SUBSTANTIVE Credits are available toward your annual CLE requirements. years or less) You may pre-register for this seminar by visiting the westbar.org website. You must “LOG IN” to register WALK- IN: OR submit the form below. CLE Credit WBA Members - $40 per credit hr. February 12, 2015 Nuts and Bolts of Criminal Defense Practice in Westmoreland County Non-Members - $50 per credit hr. Non-Credit Name:______■ Enclosed is my check made payable to the Westmoreland Bar $20 Flat Rate Association. Waived for Young Lawyers (practicing 10 Attorney I.D. # ______■ ■ ■ ■ years or less) Bill my MasterCard VISA DISCOVER for $______(Amount). Address:______Lunch will be provided. Card # ______Westmoreland Bar Association Email:______129 North Pennsylvania Ave. Expiration Date ______Greensburg, PA 15601 Phone: ______724-834-6730 Credit Card Billing Address ______Fax: 724-834-6855 ______www.westbar.org Pre-Registration Fees For refund policy information, or if special CLE Credit: Non-Credit: arrangements are needed for the disabled, ■ WBA Members - $30 per credit hour ■ $10 Flat Rate please contact the WBA Office at ■ ■ Waived for Young Lawyers 724-834-6730, or Non-Members - $50 per credit hour (practicing 10 years or less) by email at [email protected] To qualify for Pre-Registration Seminar Fees - Please return this form and your payment to the WBA Office, 129 North Pennsylvania Avenue, Greensburg, PA 15601, by 12 pm February 11, 2015

You are cordially invited to attend the Presentation of New Members of the Westmoreland Bar Association March 17, 2015

 The court en banc will recognize the newest members of the WBA at the annual New Members Ceremony scheduled for Tuesday, March 17th, in Ceremonial Courtroom #3 at the Westmoreland County Courthouse at 3:00 p.m.

Attorneys eligible to participate in this presentation:

Ryan P. Cribbs Jason P. McConnell

Kelly M. Eshelman Vanda Raszewski

Julie K. Freeman Shane M. Sarver

Andrew C. Harvan Timothy J. Scelsi

Jaime Marie Hickton Emily Shaffer

Timothy J. Leonard Chuck E. Washburn

Richard N. Lettieri



Please join us for a complimentary reception at the “New” Rialto following the ceremony.

RSVP by March 10, 2015 to the Bar Office 724-834-6730 or register online at www.westbar.org



2015 Personal Injury Update

2 Substantive Credits Available An accredited provider for the PA Board of — LIVE­ — Continuing Legal Education

Topics of Discussion include: • Significant Case Law Developments • Review and Update of Subrogation Issues & Strategies Wednesday, • Analyzing & Understanding Auto Insurance Coverages April 15, 2015 • How and When to Use Non-Physician Experts in a Personal Injury Case 12:00 pm - 2:15 pm WBA Headquarters Speaker: Michael D. Ferguson Seminar Fees: Ferguson Law Associates PRE-REGISTRATION: (Must be prepaid & received at the WBA office by 12 pm April 14, 2015) CLE Credit Two (2) Substantive Credits are available toward your annual CLE requirements. WBA Members - $30 per credit hr.

Non-Members - $50 per credit hr. Non-Credit You may pre-register for this seminar by visiting the westbar.org website. You must “LOG IN” to register. $10 Flat Rate OR submit the form below.

WALK- IN: CLE Credit April 15, 2015 2015 Personal Injury Update WBA Members - $40 per credit hr. Non-Members - $50 per credit hr. ■ Enclosed is my check made payable to the Westmoreland Bar Name:______Association. Non-Credit ■ ■ ■ ■ Attorney I.D. # ______Bill my MasterCard VISA DISCOVER for $20 Flat Rate $______(Amount). Waived for Young Lawyers (practicing 10 years Address:______or less) Card # ______Lunch will be provided. Email:______Expiration Date ______Westmoreland Bar Association Phone: ______129 North Pennsylvania Ave. Credit Card Billing Address ______Greensburg, PA 15601 ______724-834-6730 Pre-Registration Fees Fax: 724-834-6855 Non-Credit: CLE Credit: www.westbar.org ■ $10 Flat Rate ■ WBA Members - $30 per credit hour (2 credits=$60) For refund policy information, or if special ■ Waived for Young Lawyers ■ Non-Members - $50 per credit hour (2 credits=$100) arrangements are needed for the disabled, please (practicing 10 years or less) contact the WBA Office at To qualify for Pre-Registration Seminar Fees - Please return this form and your payment to the WBA Office, 724-834-6730, or 129 North Pennsylvania Avenue, Greensburg, PA 15601, by 12 pm April 14, 2015. by email at [email protected] An accredited provider for the PA Board of Westmoreland Bar Association — ­ Continuing Legal Education CLE Compliance Period Seminar 5 Substantive & 1 Ethics credits available

Session 1 — 2 Substantive Credits Session 3 — 1 Substantive Credit 9:00 am – 11:00 am (Video from 2 /12/15) Tuesday 1:30 pm – 2:30 pm (Video from 11/21/14) Nuts and Bolts of Criminal Defense Practice in Secure-A-Day April 28, 2015 Westmoreland County WBA Headquarters What every attorney needs to know about securing personal Topics of Discussion: and professional data. 9 am - 3:45 pm u Client Consultation and Fee Agreements u Handling a Preliminary Hearing Speakers: Seminar Fees: u Omnibus Pre-Trial Motions Stacey Ivol - INtegrity First Corp. u Trial Preparation and Practice Stephen P. Moschetta, Esq. - The Moschetta Law Firm P.C. u PRE-REGISTRATION: Plea Bargaining and Sentencing Alternatives (Must be prepaid & received at the WBA Speakers: Michael D. Ferguson, Esquire Jeffrey D. Monzo, Esquire office by 12:00 pm April 27, 2015) Session 4 (Video from 8/27/14) CLE Credit Ferguson Law Associates Galloway Monzo P.C. 2:45 pm – ­3:45 pm — 1 Ethics Credit WBA Members - $30 per credit hr. Non-Members - $50 per credit hr. Session 2 — 2 Substantive Credits LGBTQ: What is it and Why it is Important 11:15 am – 1:15 pm (Video from 4/15/15) Learn what the initials mean, how paradigms limit our Non-Credit 2015 Personal Injury Update thinking on diversity, and what the ABA is saying about $10 Flat Rate • Significant Case Law Development legal issues on LGBTQ individuals. Waived for Young Lawyers • Review and Update of Subrogation Issues & Strategies (practicing 10 years or less) • Analyzing & Understanding Auto Insurance Coverages Speaker: • How and When to Use Non-Physician Experts in a Personal Injury Case Ted Hoover - Persad Center WALK- IN: Speaker: CLE Credit Michael D. Ferguson, Esquire WBA Members - $40 per credit hr. Ferguson Law Associates Non-Members - $50 per credit hr. Five (5) SUBSTANTIVE and One (1) ETHICS Credits are available toward your annual CLE requirements. Non-Credit $20 Flat Rate You may pre-register for this seminar by visiting the westbar.org website. You must “LOG IN” to register OR submit the form below. Waived for Young Lawyers Sign me up for: (practicing 10 years or less) April 28, 2015 Video Compliance CLE ■ ■ Name:______Session 1 – 2 substantive credits no credits Lunch will be provided. Attorney I.D. # ______■ Session 2 – 2 substantive credits ■ no credits Address:______■ Session 3 – 1 substantive credits ■ no credits Westmoreland Bar Association Email:______■ ■ 129 North Pennsylvania Ave. Phone: ______Session 4 – 1 ethics credit no credits Greensburg, PA 15601 Pre-Registration Fees ■ Enclosed is my check made payable to the Westmoreland Bar 724-834-6730 CLE Credit: Association. Fax: 724-834-6855 WBA Members - $30 per credit hour ■ Bill my ■ MasterCard ■ VISA ■ DISCOVER for www.westbar.org Non-Members - $50 per credit hour $______(Amount). For refund policy information, or if Non-Credit: Card # ______special arrangements are needed for the ■ $10 Flat Rate Expiration Date ______disabled, please contact the WBA Office ■ Waived for Young Lawyers Credit Card Billing Address ______at 724-834-6730, or by email at (practicing 10 years or less) [email protected] To qualify for pre-registration, please return this form and your payment to the WBA Office, 129 North Pennsylvania Avenue, Greensburg, PA 15601, by 12:00 pm April 27, 2015.