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THE NEWSLETTER OF THE WESTMORELAND BAR ASSOCIATION VOLUME XV, NUMBER 5 SEPTEMBERÐOCTOBER 2003

Remembering Christ. C. Walthour

by Robert W. King, Esq., promised the table to the second equipment or anything that was made and Wesley T. Long, Esq. seating at 8:30. At around 9:00, as in or had a component thereof made in Christy was enjoying his meal, the Japan. If you ever frequented Christy’s hrist. C. Walthour, known to waitress asked if he could please office, you would note that from a most of us as Christy, died remove himself from the table as the technological standpoint, the same came C Friday, August 15, 2003. next group was anxious, to which he grinding to a halt in the mid-1970s. We all knew Christy as a gentleman, complied. His automobiles had to be of scholar of the law, fearless advocate, However, the gentleman that we German manufacture and meet the honest lawyer and trusted friend. all knew had three great dislikes. For following specifications: diesel engine, Rather than this article sound as an the first, we need some background. standard transmission, no power obituary, we thought perhaps a few Christy was drafted in his third year steering and no power tales involving Christy’s personal side of law school at the University of brakes. He drove all would be more intriguing. Pittsburgh after receiving his under- of his automobiles A story that Christy told himself graduate degree in mathematics, and until they broke in was that his home in Manor had was assigned as a private specializing half—literally; and a burglar alarm hooked into the in anti-aircraft defense. Because of never in his lifetime North Huntingdon Township Police vision deficiencies, he was reclassified did he wash a car. Department. One evening, after as a non-combatant and ultimately Christy was the Christy went to bed, the alarm was assigned to the War Crime Trials president of the malfunctioned summoning the police. in the Pacific Theater where he was Manor National Bank Hearing noises, Christy got out of instrumental in the prosecution of for 56 years which ▲ bed, retrieved his handgun and went General Homma, the Japanese general was the breeding Christ. C. Walthour, Jr. to investigate. One of the police offi- who was accused of, convicted for and ground for his second cers observed Christy and yelled, “He’s executed as a result of his participation great dislike—bank examiners. The got a gun!” The police officers told in the Bataan Death March. Treasury Department threatened to Christy to put down his revolver. Thereafter, Christy went to Tokyo to impose substantial financial penalties Christy replied, “I’ll put my gun prosecute other military commanders against the Manor National Bank down when you put your guns during which it was once necessary because the bank had too much money, down.” After some confusion and that he interview and call General i.e., the cash on hand was too close to a production of identification, the Douglas McArthur as one of his one-to-one ratio to the customer matter was peacefully resolved. witnesses. Because of his classification deposits. Christy could never fathom Or perhaps you did not know that and knowledge, to his passing, in spite why it was wrong to have too much Christy was once asked to leave a of his attempts, Christy was never money, so although he treated the exam- restaurant in Phoenix, Ariz. If you permitted by the United States military iners with respect, as he did everyone, he ever had an occasion to dine with the to resign his commission. As a result would argue with every single suggestion gentleman, it took forever. A three- of these experiences, one of his three and criticism they would make. or four-hour dinner could easily be great dislikes were “Japs.” They were Even though Christy never under- achieved. The restaurant, having not Japanese. He would not buy a stood what was wrong with having seated Christy around 6:00 had motor vehicle, camera, piece of office continued on page 4

IN Remembering Spotlight To-Wit: Jury Actions THIS President’s Franklin L. on Jim by S. Trial of the ISSUE 2 Message 3 Bialon 7 Wells 9 Sponte 11 Verdicts 17 Board 2 ¥ sidebar SEPTEMBERÐOCTOBER 2003

President’s Message Lamentations of the Parent, Part II by Aaron M. Kress, Esq.

Editor’s note: This translation comes hand; but I say to you, scream not, package; nor rub yourself against cars, to us, verbatim, courtesy of Mr. Ian only remonstrate gently with the nor against any building; nor eat sand. Frazier and The Atlantic Monthly. server, that the server may correct the Leave the cat alone, for what has Illustration by Barry Blitt. Copyright fault. Likewise if you receive a portion the cat done, that you should so afflict © 1997 by The Atlantic Monthly of fish from which every piece of it with tape? And hum not that hum- Company. All rights reserved. The first herbal seasoning has not been scraped ming in your nose as I read, nor stand part of this article appeared in the off, and the herbal seasoning is loath- between the light and the book. July–August 2003 issue of the sidebar. some to you, and steeped in vileness, Indeed, you will drive me to madness. again I say, refrain from screaming. Nor forget what I said about the tape. LAWS PERTAINING Though the vileness overwhelm you, TO DESSERT and cause you a faint unto death, COMPLAINTS AND LAMENTATIONS For we judge between make not that sound from within O my children, you are disobedient. the plate that is your throat, neither cover your face, For when I tell you what you must unclean and the plate nor press your fingers to your nose. do, you argue and dispute hotly even that is clean, saying For even now I have made the fish as to the littlest detail; and when I do first, if the plate is it should be; behold, I not accede, you cry clean, then you shall eat of it myself, yet do out, and hit and kick. have dessert. But of not die. Yes, and even some- the unclean plate, the times do you spit, laws are these: If you have eaten most CONCERNING and shout “stupid- of your meat, and two bites of your FACE AND HANDS head” and other blas- peas with each bite consisting of not Cast your counte- phemies, and hit and less than three peas each, or in total nance upward to the kick the wall and the six peas, eaten where I can see, and light, and lift your molding thereof when you have also eaten enough of your eyes to the hills, that I you are sent to the potatoes to fill two forks, both fork- may more easily wash corner. And though fuls eaten where I can see, then you you off. For the stains the law teaches that shall have dessert. But if you eat a are upon you; even to no one shall be sent lesser number of peas, and yet you eat the very back of your to the corner for the potatoes, still you shall not have head, there is rice more minutes than dessert; and if you eat the peas, yet thereon. And in the he has years of age, leave the potatoes uneaten, you shall breast pocket of your yet I would leave you not have dessert, no, not even a small garment, and upon the there all day, so portion thereof. And if you try to tie of your shoe, rice and other frag- mighty am I in anger. But upon being deceive by moving the potatoes or ments are distributed in a manner sent to the corner you ask straight- peas around with a fork, that it may wonderful to see. Only hold yourself away, “Can I come out?” and I reply, appear you have eaten what you have still; hold still, I say. Give each finger “No, you may not come out.” And not, you will fall into iniquity. And I in its turn for my examination again you ask, and again I give the will know, and you shall have no thereof, and also each thumb. Lo, how same reply. But when you ask again a dessert. iniquitous they appear. What I do is third time, then you may come out. as it must be; and you shall not go Hear me, O my children, for the ON SCREAMING hence until I have done. bills they kill me. I pay and pay again, Do not scream; for it is as if you even to the twelfth time in a year, and scream all the time. If you are given a VARIOUS OTHER LAWS, yet again they mount higher than plate on which two foods you do not STATUTES, AND ORDINANCES before. For our health, that we may be wish to touch each other are touching Bite not, lest you be cast into quiet time. covered, I give six hundred and each other, your voice rises up even to Neither drink of your own bath water, twenty talents twelve times in a year; the ceiling, while you point to the nor of bath water of any kind; nor rub but even this covers not the fifteen offense with the finger of your right your feet on bread, even if it be in the continued on page 4 SEPTEMBERÐOCTOBER 2003 sidebar ¥ 3 Remembering Franklin L. Bialon by The Hon. Charles H. Loughran the Mon Valley Sewage Authority was required to write drafts and and spent many years traveling recommendations for all of our rank Bialon, at 60 years of age, to Harrisburg to counsel the opinions, no small task. died suddenly of a heart attack Pennsylvania Board of Claims. Personally, I do not know how I’m Fon September 24, 2003. Frank I never wanted a young, inexperi- going to replace him. I’m sure going had been my Law Clerk for 25 years, enced clerk, but rather a mature to miss him. and after I retired and took Senior person who was loyal, intelligent, One of Frank’s attributes was his status, Judges Mihalich, Marker and I and diligent—Frank was exactly that marvelous sense of humor and his shared Frank as our Clerk. Judge person. Over the next 25 years we upbeat personality. The office staff Mihalich and I had a working session worked together writing approxi- annual Christmas party was usually with Frank that very Wednesday mately 80 to 90 opinions a year. I’m held at my home (so we could let our morning of his death. proud to say that we were rarely hair down). The party would start Frank graduated from Monessen reversed by the Appellate Courts of slowly, until Frank High School in 1961 and attended Pennsylvania. I owe this success to the appeared and started West Virginia Wesleyan University good advice of my hard-working clerk. telling those wild where he obtained his undergraduate After I retired in April of 2002 and stores about his pet degree in 1965. He later obtained his took Senior status, Frank agreed to pot-belly pig law degree in 1968 from West work as a clerk for all the Senior (Petunia). The staff Virginia University. Over the years Judges of Westmoreland County. This would roar with Frank worked with the firm of Shire required him to advise Judge Charles laughter, and the & Bergstein, then shared offices with Marker on domestic law matters, party really began, Gary P. Caruso and Richard Victoria Judge Gilfert Mihalich on Orphans’ thanks to him. Just before finally practicing law with his Court matters, and continue to advise talking about it, I can ▲ son, Aaron. He was the solicitor for me on my work on Civil matters. He hear his infectious Franklin L. Bialon laugh, and I begin to chuckle just thinking about him. The staff was a very cohesive staff. Looking for a special way It was a pleasure to come to work. It was always a pleasant atmosphere and Frank was the cog in that wheel. to remember someone? Frank was a devoted father to his three sons: Frank, Jr., who grooms Births ¥ Deaths ¥ Marriages ¥ Anniversaries and boards animals with aspirations to Making Partner ¥ Passing the Bar be a veterinarian; Jason, the engineer; and Aaron, the attorney, and his ince 1991, the Westmoreland Bar Foundation has raised father’s partner. thousands of dollars to assist the poor, disabled, elderly and Frank loved to take his children children in our community. Through the Memorial Program, you S on educational trips and particularly can honor a colleague or loved one with a contribution to the trips to Civil War Battlefields such as Foundation. Your gift will help serve the needs of our own who have Gettysburg, Shiloh and Antietam. nowhere else to turn for legal services. When the day was done, he would If you would like to make a gift to the Foundation as question the boys on what lesson a meaningful expression of respect, please make they had learned to make certain check payable to the Westmoreland Bar Foundation they did not waste their time. He and mail to WBA Headquarters, 129 N. Pennsylvania may have missed his calling as a Ave., Greensburg, PA 15601. teacher of history. continued on page 19

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 SEPTEMBERÐOCTOBER 2003

Christ. C. Walthour continued from page 1 President’s too much money, when eligible to Upon ascertaining this newfound Message receive Social Security, he declined to comfort, Christy contacted the shoe continued from page 2 accept the same. Christy called the manufacturer and inquired how many Social Security Administration and additional pairs of shoes were available hundred deductible for each member advised that he did not want their in that same style, size and color. After of the family within a calendar year. checks. They replied that was learning of eleven, Christy bought And yet for ordinary visits we still are acceptable, but they had no form or them all. He did the same with his not covered, nor for many medicines, paperwork prepared for Christy to suits, shirts, ties and three pens, all nor for the teeth within our mouths. sign declining his Social Security evenly spaced in his left lapel. Guess not at what rage is in my mind, because no one had ever done this Christy was an only child, having for surely you cannot know. before. So Christy created a form been born on December 3, 1916, to For I will come to you at the first which he signed and mailed to the Christopher C. Walthour. Christy’s of the month and at the fifteenth of Social Security Administration and father was born in 1890 to Samuel the month with the bills and a great they retained his checks. Walthour, who was then 76 years whining and moan. And when the Our Victorian-era friend possessed of age having been born in 1814. month of taxes comes, I will decry the a passion for single-malt Scotch and Wayne Whitehead relates that Wayne’s wrong and unfairness of it, and white lightning. In later years, he reit- cousin, Dale Mathias, upon learning mourn with wine and ashtrays, and erated he was cutting back because he of Christy’s death, called wanting rend my receipts. And you shall felt that it made him “tipsy.” Perhaps to send someone a sympathy card, remember that I am that I am: before, this would explain why you might but to whom. It is true that Christy after, and until you are twenty-one. have thought he dressed in the exact had no blood family, but he had all Hear me then, and avoid me in my same clothes every day. However, he of us as his family and we shall never wrath, O children of me. did not. For example, Christy’s shoe forget him. size was a 12AAA. Years ago, he pur- By the way, his third great dislike in chased a pair of shoes that fit perfectly. life were chickens. We don’t know why. SEPTEMBERÐOCTOBER 2003 sidebar ¥ 5

Toward a More Sane Approach to Mental Illness dicta in the Criminal Courts by Beth Orbison, Esq. legal system, not because they are so subtle that they evade detection, but because an offender’s mental health is a legal arc Filippino hung himself in his prison cell at consideration in only limited circumstances, in large part the Westmoreland County jail on Monday because “mental illness” continues to be defined archaically Mmorning, August 4, 2003. His suicide came days by most legal statutes. after pleading guilty to charges of burglary, aggravated For example, one option available to indecent assault, aggravated assault and terroristic threats an advocate for the accused who suffers in connection with an episode in which he surreptitiously from a mental disorder is to argue that entered the residence of his female victim, grabbed her the defendant is “legally insane.” The from behind as she was undressing, and proceeded to corresponding jury instruction cautions: engage in a variety of sex acts with her. He attempted to “Persons whom medical experts would handcuff her and threatened her with a handgun in order diagnose as mentally disordered or whom to subdue her into compliance. Although the victim did laymen would call crazy might or might not believe that she had ever seen Mr. Filippino before this not be insane when judged by the legal night, he already knew her name, her boyfriend’s name and test.” That we continue to use the word ▲ the type of vehicle that she drove. He expressed with shame “insane” with a straight face is crazy. How Beth Orbison that he knew that she would never go for a guy like him sensitive, how civilized is this approach to under ordinary circumstances because his annual salary the nuances and complexities of mental disorders that lead wasn’t big enough. But he was proud of the size of his penis. to antisocial behavior? Is there room in the criminal justice During the last two years, Mr. Filippino had been a continued on page 6 suspect in at least two other cases in which strikingly similar scenarios occurred, each with a different victim. In his guilty plea petition, he acknowledged that he had been hospitalized for some period of time in 2001 at Mayview State Hospital. Mediation, arbitration and Mr. Filippino’s acts were not just criminal acts defined as all forms of conflict resolution such by our crimes code—they were symptoms. They were symptoms, however, where therapeutic intervention and treatment options are limited as soon as the actor or, from John M. Campfield, Esquire another perspective, the patient enters the legal system. In Vincent J. Quatrini, Jr., Esquire some respects, the symptoms are virtually unseen by the Dennis Slyman, Esquire W. Bryan Pizzi II, Esquire Lawyers’ Exchange* William M. Radcliffe, Esquire (*Free to all members of the WBA)

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Toward a More Sane Approach continued from page 5 system to address the underlying cause of mental illness working in concert—mental health courts are beginning to or are we limited to addressing only the symptoms by crop up around the country to combat the painful truth that imposing long and ineffectual periods of incarceration? our nation’s jails and prisons are being used as de facto treat- Most criminal justice systems provide alternatives to ment facilities for mentally ill persons convicted of crimes. incarceration and mandate treatment The National Alliance for the Mentally for only the most obvious and severe Ill (www.nami.org) recently released a cases. There are state-run institutions Is there room in survey describing these newly formed for those who exhibit the extreme man- the criminal justice mental health courts as follows: ifestations of mental disorders, such as “These problem-solving courts have schizophrenia, and there are Band-Aids system to address a dedicated mental health docket, offered to those whose crimes belie a the underlying meaning that they focus exclusively on substance abuse problem. But histori- defendants with mental illnesses, and cally, all of the other criminal defen- cause of mental link these defendants to appropriate dants, the majority of whom have some illness or are treatment and supportive services diagnosis otherwise they would not be we limited to instead of incarceration. Mental health engaged in criminalized behavior, are courts are characterized by continuing treated solely as people who have addressing only judicial supervision over a defined violated provisions of the crimes code the symptoms? period of time, voluntary participation who need to be punished for their bad on the part of the offender and, in behavior. Little regard is given to the many cases, upon an offender’s psychological dynamics of the individual. successful completion of a mental health program, the As western medicine is finally recognizing what eastern dropping of criminal charges against the individual.” medicine has known for a long time—a human being’s good In January 2000, New York City’s oldest and largest health and well-being is dependent upon the integration of alternative-to-incarceration agency, the Center for physical, emotional, psychological and spiritual elements continued on page 8 explore the possibilities

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Introduction by Daniel Joseph, Esq. Q WHAT WAS YOUR FAVORITE A When AND WHY? im Wells is currently Chair-Elect asked to name of the PBA Young Lawyers A I liked the job at Pitt’s public your heroes in Division. As Chair-Elect, he is a relations office because I was often real life, name J the partners in voting member of the PBA Board interviewed by the local television of Governors and will sit on the Board news channels and I appeared in a your firm. for three years. Jim was elected to this couple of the Pitt commercials that Q WHAT DO YOU CONSIDER position by the executive board of the would air during half time. That YOUR GREATEST ACHIEVEMENT? PBA Young Lawyers on which he very seemed real neat at the time. A When I was six years old I once diligently served. Q Jim’s position with the PBA is very WHAT IS THE FUNNIEST held my breath under water for three THING THAT’S HAPPENED TO YOU and a half minutes. relevant and important since he will AS AN ATTORNEY? represent the issues of concern to A Q young lawyers across Pennsylvania. I’m not sure this really counts as WHAT IS YOUR IDEA OF PERFECT HAPPINESS? He will also offer important dialogue “funny,” but one time I traveled all at board meetings on issues concerning the way to Beaver County to represent A Sitting around a campfire with all lawyers, their clients and the public. a client. I met my opposing counsel, good friends, my guitar, my two The WBA should be very proud to who practiced in Beaver County, and golden retrievers, and a well-stocked again have one of their own serve in struck up a conversation with him cooler. after we had reached a settlement. I this capacity. Long ago, Reg Belden Q also held this position. I am sure was shocked to learn that he was born WHAT IS YOUR MOST that his involvement with Reg was and raised in the house where I now TREASURED POSSESSION? a starting point for Jim at the PBA. live in Belle Vernon. A My guitar. Other WBA members who have Q WHAT IS THE QUALITY YOU Q WHAT DO YOU MOST DISLIKE? served on the PBA board include MOST LIKE IN AN ATTORNEY? Reg Belden, Sr., Dick Galloway, A A Silly questions. and myself. Understanding that it is possible for counsel to zealously represent their (I personally feel Jim is a fraud. Q WHAT IS YOUR GREATEST He is immaterial to the PBA, of clients’ interests without generating EXTRAVAGANCE? no relevance and he got his position personal animosity between each A Vacations in Europe. by sucking up to people. His title is other. “hey kid.”) Q WHAT IS YOUR FAVORITE Q WHAT TALENT WOULD YOU JOURNEY? MOST LIKE TO HAVE? Q WHAT JOBS HAVE YOU A Driving through the Alps. A If I could play the cymbals HELD PRIOR TO BECOMING Q with my knees I’d be able to quit AN ATTORNEY? WHAT IS YOUR GREATEST my day job. A REGRET? I worked in my father’s hardware Q store while growing up. I also worked A I’m too embarrassed to say WHAT DO YOU MOST VALUE IN YOUR FRIENDS? for a bank, mowing lawns of homes exactly what my greatest regret that had been foreclosed is but it involves Spandex pants A Good conversation and a sense and were up for resale. and a mullet. of humor. While at the Q Q University of WHO ARE YOUR HEROES IN WHICH LIVING PERSON DO Pittsburgh I REAL LIFE? YOU MOST ADMIRE? had work-study A The partners at Belden Law. A Bruce Springsteen. jobs at the public Q relations office WHAT ADVICE WOULD YOU Q WHAT IS YOUR MOTTO? and the career GIVE TO ATTORNEYS NEW TO THE PRACTICE OF LAW? A “It ain’t no sin to be glad placement office. you’re alive.” 8 ¥ sidebar SEPTEMBERÐOCTOBER 2003

Toward a More Sane Approach continued from page 6

Alternative Sentencing and Employment Services (CASES, and stand by the clients even if they have multiple failures Inc.), instituted the Nathaniel Project. The Nathaniel during the course of treatment. If the client successfully Project is exclusively for people with psychiatric disabilities completes the program suggested by the Project, he will not who have been indicted on a felony offense and are facing a be sentenced to incarceration, but, if the client fails, he will lengthy state jail sentence. The program will consider any be sentenced to a significant period of time in state prison. defendant, including violent offenders, regardless of the Statistics show that participants in the Nathaniel Project offense, if their functioning is seriously impaired due to an demonstrate a dramatic decrease in arrests, and 80 percent Axis I psychiatric disability, and if they exhibit sufficient remain in the program over the course of two years.1 motivation to engage in treatment. When a defendant is In Pennsylvania, Erie County has combined its existing accepted by the Nathaniel Project, members of the program Drug Court with a Mental Health Court, calling it a staff act as his advocate with the judge, prosecutor and Treatment Court, and Allegheny County has started a defense counsel to educate them about the client’s Mental Health Court as well. Elsewhere, other courts are psychiatric needs. Further, they work to convince these beginning to look at certain individuals who find their way decision makers that permitting the client to enter the into the criminal justice system as integrated beings whose Nathaniel Project would more likely provide a better problems, if they are to be corrected, need a more holistic outcome for the client and the community than sending approach and require a solution that is more efficacious the client to prison. than prison. Although many critics scoff at the notion of The success of their efforts depends upon the political mental health treatment for criminal offenders, such an climate, individual attitudes about mental illness, the client’s approach serves more than the interests of the accused. history, and the nature of the offense committed. Staff As an added bonus, it serves to diminish the number of members refer to their work as “intrusive case management,” victims in the future—a more sane approach. counseling clients to examine the circumstances and ______choices that have led them to this point in their lives and 1 National GAINS Center for People with Co-Occurring Disorders in the Justice System (2002). The Nathaniel Project: An Alternative to Incarceration then helping them to imagine alternatives. Finally, they Program for People with Serious Mental Illness Who Have Committed Felony guide them toward achieving the goals they have chosen Offenses. Program: Brief Series. Delmar, NY: The National GAINS Center.

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201 Caste Village, Pittsburgh, Pennsylvania 15236 SEPTEMBERÐOCTOBER 2003 sidebar ¥ 9 To-Wit: Chinatown by S. Sponte, Esq. of wealth and power play by a set of an Asian butcher’s rules quite incomprehensible to effort to deal with orget it, Jake, it’s Chinatown.” decent, common folk. bureaucratic meat And with those words, that I know what you’re thinking, and inspectors by Fgreat movie, probably the best yes, this does have something to do hacking them to that Jack Nicholson ever made, came with the practice of law. Not long ago, death with an ax to an end, leaving its protagonist a client’s cause led me to try a case in a sounded to him brushed aside like a small child, weak county south of here, a place well like a good plan and ineffectual in the face of a system known for its political treachery, for its for local government. For that little far more powerful in its corruption pervasive and cancerous atmosphere of exercise in free speech, he was charged than he, with his naive sense of fair small-minded power struggles that has with the commission of several play and rectitude, could possibly infected the courthouse, the courtrooms crimes, not the least of which was the bring to justice. and the lawyers there for eons. It is singularly local offense of Displeasing For those who haven’t seen it, also a court system patently hostile to Elected Officials. “Chinatown” is a gritty, suspenseful, outside counsel, as evidenced by the The magistrate knew something of mystery of wealth, power, politics local Rules of Court, an irrational, the First Amendment and threw out and incest, an odd mix of human illogical, and inefficient conglomeration all the charges, causing the District conditions unfamiliar to all save of words, mostly spelled correctly, that Attorney to refile and seek a different perhaps family lawyers. The setting is has as its main objective the need for magistrate. “Any magistrate so Los Angeles’ Chinatown in the mid outside attorneys to retain local counsel. obviously committed to the First 1930s, a culture inscrutable to the My client, a well known political Amendment,” she argued in her America that surrounds it, and which gadfly, had been arrested for suggesting petition for reassignment, “cannot serves as an icon for the movie’s during the open comment period of a possibly be considered impartial.” message that evil and ambitious men county commissioners’ meeting that continued on page 10

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To-Wit: Chinatown continued from page 9

The motion was set for eight a.m. one was loathe to make the drive solely for His Honor refused to charge day the following week. that purpose. anything about the First Amendment, “Do I have to be there in person “Oh, you don’t have to appear apparently believing that it had no to oppose this motion,” I asked the personally,” advised the Clerk of application in his courtroom. judge’s clerk over the phone, as it was Court, “you can get a court order Nonetheless the jury acquitted my a two-hour drive for me. excusing you.” client of all charges in ten minutes. “No, of course not, just petition for “And I can do that by mail or over My client let out a yelp of celebratory leave to submit this on briefs only.” the phone,” I inquired? joy but the commissioners had him “And I can do that by mail, right,” “Uh, no,” he replied, “you have to rearrested on the spot for Rampant I queried. present it in person at eight a.m., Whooping, apparently another “No,” he said, “you have to present Local Rule 69. Do you need local obscure local offense. the petition in person at eight a.m., counsel?” As he was led off in mouth cuffs, Local Rule 73. But I can recommend At the commencement of the trial, I sat there seething with rage and good local counsel if you don’t want His Honor asked my partner and I if turning that particular shade of to make the drive.” we wanted local counsel to assist us. “I apoplectic purple unique to irate First The second magistrate did as he must caution you,” he advised, “we do Amendment buffs. As I gasped for was told and held most of the charges things a bit differently than where you breath, my partner reached over and over for trial. Shortly thereafter I come from.” tugged sympathetically at my sleeve. received notice of the eight a.m. call “Yes, I know,” I thought to myself, “Forget it,” she said, “it’s of the criminal trial list, along with a “it’s called inbreeding.” And I replied Chinatown.” warning that my attendance was out loud that I thought we could mandatory. Since my presence there handle it alone. © 2003, S. Sponte, Esq. was required for all of fifteen seconds “Suit yourself,” he responded, “and Can’t get enough Sponte? More articles to announce I was ready for trial, I now let us pray.” are online at www.funnylawyer.com. SEPTEMBERÐOCTOBER 2003 sidebar ¥ 11

July 2003 Trial Term Jury Trial Verdicts by Rachel Yantos, Esq.

f 110 cases listed for the July from behind, forcing the Jarek vehicle work because of said injuries. Plaintiff 2003 Civil Trial Term, 22 into the rear of the plaintiff’s vehicle. claimed that he was reduced to light- Osettled, 28 were continued, Plaintiff alleged that he was thrown duty work after the 1985 accident one was discontinued, 5 moved to backward upon collision because the until he suffered a stroke in 1997. arbitration, 1 will be binding arbitra- driver’s seat of his vehicle tipped GM denied that the seat in the tion, 2 will be summary jury trials rearward unexpectedly. As a result, 1984 Chevrolet Cavalier vehicle failed (1 of which will be binding), 1 was plaintiff was thrown into the back to perform, and maintained that it stricken, judgment was entered in 1, seat, hitting his head against various was reasonably safe for its intended 2 were held non-jury, 5 verdicts were parts of the automobile. Plaintiff purposes and uses, including, but not entered and 41 were held to the next brought suit against GM for design- limited to, the driver’s seat area. GM term. Juries deliberated as to premises ing, manufacturing and assembling denied that a failure of the seat to liability, products liability and medical the 1984 Chevrolet Cavalier so as to perform caused any injury or exacer- malpractice. cause the driver’s seat to tip rearward bation of the same to the plaintiff. upon collision. Plaintiff argued that Defendant’s position at trial was that DONALD C. SMILLIE the seat collapsed, when it should the seat yielded and deformed as V. have remained upright. Plaintiff designed to absorb energy that would GENERAL MOTORS alleged injuries, including, but not otherwise be borne by the occupant. CORPORATION, A CORPORATION, limited to, a herniated disc of the Defendant did not dispute that A/K/A GENERAL MOTORS C5-6 region, which required surgery plaintiff suffered a neck injury, which CORPORATION CHEVROLET DIVI- and fusion, and exacerbation of pre- required surgery six months following SION AND RIEHLE CHEVROLET, existing medical conditions. Plaintiff the accident, but asserted that the INC., D/B/A STAR CHEVROLET, claimed that prior accidents resulted same was caused by the rear impact ORIGINAL DEFENDANTS in only short periods of treatment, and not the seat. Defendant brought V. and that he worked five years prior to out prior and subsequent injuries LUELLA R. BOSTON AND the collision without neck, shoulder sustained by the plaintiff. Among MARION A. JAREK, and leg pain. Plaintiff sought lost those incidents and prior to the 1985 ADDITIONAL DEFENDANTS wages for the period of approximately accident, plaintiff had two falls at NO. 8684 OF 1987 ten months that he was unable to continued on page 12 Causes of Action: Product Liability (Negligence, Strict Liability and Breach of Warranty)—Bifurcated Trial Limited to Causation and Damages On December 11, 1985, at approximately 5:05 p.m., Plaintiff was operating his 1984 Chevrolet Cavalier in a westerly direction on East Pittsburgh Street in the City of ¨ Greensburg, Westmoreland County, at its intersection with North Urania Meyer, Darragh, Buckler, Avenue, when he was involved in a Bebenek & Eck, P.L.L.C. three-car motor vehicle accident. 114 South Main Street Lee R. Demosky, Esq. Plaintiff stopped his vehicle in ◆ response to a traffic signal at the Greensburg, PA 15601 intersection. Additional Defendant Phone: (724) 836-4840 Concentrating in Family Law/ Marion A. Jarek brought her vehicle Fax: (724) 836-0532 Criminal Law/Municipal Law to a complete stop behind plaintiff’s www.mdbbe.com and Civil Litigation vehicle. Additional Defendant Luella R. Boston, however, failed to stop her vehicle and struck Ms. Jarek’s vehicle 12 ¥ sidebar SEPTEMBERÐOCTOBER 2003

This medical malpractice action stems Jury Trial Verdicts continued from page 11 from an operative procedure performed by Defendant Joel M. Kichler, M.D. work where he fell twelve feet, sustain- Counsel for General Motors at Citizens General Hospital on ing fractures to his neck and spine. Defendants: Evan A. Burkholder, October 30, 1998. At that time, Following the 1985 collision, plaintiff McGuireWoods, LLP, Richmond, Va.; Plaintiff Helen W. Wise underwent was involved in a vehicle accident and Brian K. Parker, McGuireWoods, esophagogastroduodenoscopy (EGD) where his truck rolled over while he LLP, Pgh. in an attempt to dilate an esophageal was unrestrained. Defendant also Trial Judge: The Hon. Daniel J. stricture. During the course of that maintained that the release entered Ackerman, President Judge procedure, Dr. Kichler perforated into by plaintiff with the additional Result: Molded verdict in favor of plaintiff’s cervical esophagus. Plaintiff defendants operated as a complete bar GM. Jury found that the seat did not sustained various injuries, including to recovery against defendant. break. Jury awarded $300,000.00 to esophageal perforation and excessive The trial was bifurcated. In this Plaintiff as against Luella R. Boston, bleeding, all of which required her to initial trial limited to causation who had previously entered into a undergo additional surgeries to repair and damages, the jury was asked to release with the Plaintiff. That verdict the perforation and to treat various determine if Ms. Boston’s negligence was reduced by $15,000 for first-party complications resulting therefrom. was a substantial factor in bringing benefits previously paid to Plaintiff Plaintiffs alleged Dr. Kichler failed to about plaintiff’s injuries, whether the based upon stipulation of the parties. perform the procedure in accordance seat broke upon impact, whether the with the appropriate standards of care breaking of the seat was a substantial HELEN W. WISE AND WILLIAM in, among other things, failing to factor in causing plaintiff’s injuries, WISE, HUSBAND AND WIFE discontinue the procedure when he apportionment of liability, and the V. knew or should have known that to amount of money damages awarded JOEL M. KICHLER, M.D. continue would cause harm to the to plaintiff for all injuries sustained NO. 6707 OF 2000 plaintiff, and in allowing the procedure in the accident. Cause of Action: Professional to be performed by a nurse anesthetist. Plaintiff’s Counsel: David L. Negligence—Medical Malpractice— Plaintiff also alleged battery based Robinson, Gbg. Informed Consent—Loss of Consortium upon lack of informed consent, while SEPTEMBERÐOCTOBER 2003 sidebar ¥ 13 her husband claimed loss of consortium. Israel, Wood & Puntil, P.C., Pgh. known that patrons would attempt to Dr. Kichler argued that he properly Trial Judge: The Hon. Gary P. access their vehicles in the morning. provided medical treatment, and that Caruso Plaintiff also claimed that defendant the procedure was medically necessary Result: Molded verdict for failed to salt and/or chemically treat and appropriate based upon the Defendant. Jury found no negligence the lot to prevent accumulation or to patient’s symptoms. In his pre-trial and that there was informed consent. increase traction, and failed to warn statement, Dr. Kichler asserted that he patrons of an inherently dangerous had been consulted two days after BILLIE SALSER, JR. AND condition that existed on the parking plaintiff had been admitted for other PATRICIA SALSER, HIS WIFE lot. Injuries included a right ankle symptoms as a result of severe V. fracture, which failed to completely esophageal stricture that caused her DAYS INN heal, a closed head injury with result- difficulty in swallowing. The proce- NO. 2344 OF 2001 ing cognitive defects, visual distur- dure presented difficulties due to the Cause of Action: Negligence—Premises bances (blurred vision, vertigo), severe medical condition of the patient at Liability—Loss of Consortium headaches, nausea, vomiting, right that time. Despite multiple attempts Plaintiff Billie Salser, Jr. was a business ulnar neuropathy, seizure disorder, and to pass the endoscope through the invitee at Defendant Days Inn’s estab- post-traumatic osteo-arthritis of the esophagus, defendant was unable to lishment in Donegal, Westmoreland right ankle and subtalar joint. His pass the scope beyond the posterior County. At approximately 9:00 a.m. wife claimed loss of consortium. pharynx. A nurse anesthetist attempted on January 31, 2000, plaintiff exited Defendant denied that hills and to directly look at the larynx and she his motel room to walk to his auto- ridges existed on its parking lot or and defendant made further attempts mobile. While cleaning off fresh snow that an uneven, slippery, dangerous or to pass the endoscope. After numerous from his vehicle, plaintiff slipped and hazardous walking surface existed. attempts, the nurse advised that she fell on snow and ice that had accumu- Defendant denied that it allowed any believed she had inserted the scope lated overnight on defendant’s parking dangerous accumulation of ice or snow into the esophagus. Upon visualization, lot. Plaintiff alleged that this overnight and that such action contributed to or however, Dr. Kichler noted that the accumulation fell upon previously was the proximate cause of plaintiff’s area was hemorrhagic. A perforation of existing snow and ice, which created alleged injuries. In new matter, the cervical esophagus was confirmed hills and ridges and an uneven, defendant averred that all injuries by CT scan and was surgically repaired slippery, dangerous and hazardous and damages alleged in plaintiff’s by an otolaryngologist. walking surface. Plaintiff averred that complaint were due to the negligence Plaintiffs’ Counsel: George M. defendant failed to exhaust reasonable of other entities. In its pre-trial state- Kontos, Swensen Perer & Kontos, Pgh. efforts and measures to remove snow ment, defendant denied plaintiff’s Counsel for Defendant Joel M. and ice from the lot, particularly claimed permanency as to the ankle Kichler, M.D.: Ronald M. Puntil, Jr., when defendant knew or should have fracture and closed head injury, which plaintiff contended rendered him totally, permanently disabled. ISPUTE ESOLUTION Defendant attempted to prove that D R plaintiff did not have a closed head UIM/UM ARBITRATION injury, that his ankle fracture had totally healed, that the only residual MEDIATION effect of the fracture is mild post-trau- SETTLEMENT CONFERENCES matic arthritis and that he is capable of EVIDENTIARY HEARINGS returning to medium-duty work on a BINDING/NON-BINDING full-time basis without restrictions. COST-EFFECTIVE Plaintiff’s Counsel: Todd Berkey, CONFIDENTIALITY Edgar Snyder & Associates, LLC. Defendant’s Counsel: John L. NEUTRAL THIRD-PARTY INPUT Kwasneski, Eiseman, Myers and SWIFT RESOLUTION Liero, Pgh. DIRECT PARTY PARTICIPATION Trial Judge: The Hon. Gary P. JOHNM.NOBLE,ESQ. GREENSBURG, PA FLEXIBILITY Caruso (724) 853-2296 Result: Molded verdict for Plaintiff FAX: (724) 836-0532 [email protected] in the amount of $321,922.11. Jury MEYER•DARRAGH•BUCKLER•BEBENEK &ECK awarded $643,844.22, but attributed ATTORNEYS AT LAW 50% contributory negligence to Plain- GREENSBURG OFFICE: 114 SOUTH MAIN STREET, GREENSBURG, PA 15601 tiff. No award for loss of consortium. 14 ¥ sidebar SEPTEMBERÐOCTOBER 2003 Lawyer Referral Service to Undergo Major Overhaul

by James E. Whelton, Jr., Esq., of implementing the ABA’s recom- from attorneys dealt with the “quality” Chair of LRS Committee mended changes. After extensive of the referral. Also of significant review, the committee proposes the concern was the cost of the program he WBA Board of Directors Board adopt a number of the ABA’s to the WBA. While participating is considering implementing recommendations as well as several attorneys pay a modest registration T sweeping changes to additional innovative changes to the fee, the WBA underwrites the large the Lawyer Referral program. majority of the costs for the program, Service (LRS). These The proposed changes are the nearly $10,000 per year. Despite the changes are designed result of many lengthy discussions financial support of the program by to improve the pro- by the committee and input from the Association, the program was gram as a whole and the substantive law committees. floundering. Members were not, for increase the “quality” The changes will result in a new and the most part, satisfied and financial of the cases. The exciting LRS which better serves the constraints prevented any meaningful LRS committee has participating members and the public growth or expansion as well as limiting studied the changes who use the service. market efforts. recommended by Recognizing that the program The recommendations offered by ▲ the American Bar provides both a benefit to participating the ABA were based on the national James E. Whelton, Jr. Association (ABA) WBA members and a service to mem- model which has proven most after the ABA completed two separate bers of the public, the Board initiated successful over the course of the past reviews of the current program. The the ABA reviews to address a number ten years. This article will provide committee was charged by the Board of concerns regarding the current pro- an overview of the more significant in early 2002 to consider the feasibility gram. The complaint heard most often continued on page 18 SEPTEMBERÐOCTOBER 2003 sidebar ¥ 15 bookmark What Have You Been Reading? by Diane Krivoniak, Executive Director portraying the incredible strength of “great expectations” through a gift of the human spirit. money. He blows it by being frivo- his Bookmark column began lous, self-obsessed and lazy. Yet at the a couple of years ago at my LOVING RACHEL: A FAMILY’S end, through his own endeavors and suggestion. I thought that this JOURNEY FROM GRIEF ◆ by Jane work efforts, he succeeds. You cheer T ◆ column would be a fun way for bar Bernstein I stumbled on this book for him but it is Joe that you love. Joe, members to share their “favorite when I too was wallowing in grief. the one whose loyalty, honesty and reads.” By default this time I have the I had just suffered the death of a character never waivers. chance to share my newborn son. This book gave me a booklist. (You guessed look at what might have been had my RISE TO REBELLION ◆ by Jeff Shaara it, no one else sub- son lived. A true story, Loving Rachel ◆ I like my history to be descriptive mitted their list.) I is Jane Bernstein’s daily accounting and easily pictured and this historical have marked many a of what it is like to give birth to a fiction did just that. Read this inter- summer with theme disabled child, inclusive of the pretation of the American Revolution reading. There have nuances and responses of family, and find yourself traveling the streets been summers when I neighbors and friends, the effects on a of Old Philadelphia alongside George have read nothing but marriage, the acceptance of what life Washington, Ben Franklin, John classics. Other sum- gives you and ultimately the simplicity Adams and Thomas Jefferson. ▲ mers, I found myself of loving your child. Nothing is easy What moral, God-loving men shaped Diane marching through the in this book. This is a story not only our country. The “Miracle in Krivoniak streets of Boston and about endurance, but also about the Philadelphia” paved our future gov- Philadelphia along powerful workings of maternal love. ernment with hope, honor, freedom with the soldiers of the Revolutionary and faith. Out of all the Shaara books, War. And still others where I wanted GREAT EXPECTATIONS ◆ by Charles this one is my favorite. nothing more than pure sophomoric Dickens ◆ OK, so it took me a year to fun. For several years now I have kept read this book. I still loved it and ANNA KARENINA ◆ by Leo Tolstoy ◆ a listing of my summer reads, noting, savored each of the characters, equally Set in Russia in the 1870s, this novel too, a description of why I liked the loving and hating them for their about love and adultery is filled with book. I do this for no other reason humanness. Pip, orphaned, unloved timeless wisdom. It offers in painful than I can’t remember what the heck I and abused, is given a chance for continued on page 17 read after I have finished it! Here, then, are a few of my favorite books.

KAFFIR BOY ◆ by Mark Mathabane Lawyers Abstract Company ◆ I first learned about this book, when the author appeared several of Westmoreland County years ago on “Oprah.” Mark Mathabane grew up in South Africa James C. Ripple Ð Manager during the 1960s and 1970s, where he and his family lived in a two-room 129 NORTH PENNSYLVANIA AVENUE shack with no running water, heat, or GREENSBURG, PA 15601 electricity. Under South Africa’s system of apartheid, their lives were all about Telephone 724 - 834-2822 survival. In a twist of fate, he meets American tennis player Stan Smith at Agents for Commonwealth Land Title Insurance Company a tournament. With Stan’s help, the author escapes from South Africa by FULL TITLE SEARCHES gaining a tennis scholarship to an TITLE INSURANCE American university. In this powerful ABSTRACTS memoir, Mathabane depicts the terri- ble toll of apartheid on the lives of REAL ESTATE & MORTGAGE CLOSINGS individuals, while at the same time 16 ¥ sidebar SEPTEMBERÐOCTOBER 2003

John Longo, General Manager of said. “When you are trustworthy, the Candidates 1480 WCNS, served as moderator. rest of us will believe in you—even if Each candidate was given equal time we don’t agree with you—and we’ll Forum to respond to questions from the trust you’ll do the panel, followed by two minutes each right thing.” She Draws 100+ for closing statements. concluded her remarks The forum was broadcast live by asking her peers to to UPG on 1480 WCNS radio and was “trust not in power, videotaped for future broadcast on but in the supreme Campus several local cable stations. ideal of courage.” The Red Mass has he two candidates who vied a long history within for the judge’s seat in the the Catholic Church Westmoreland County race on Red Mass T dating back to the ▲ November 4, 2003, faced each other Celebrated 13th century when it The Hon. Maureen E. in a forum at the University of marked the official Lally-Green Pittsburgh at Greensburg on he 36th Annual Red Mass, opening of the new Thursday, October 23. The forum, sponsored by the Diocese of term for courts in most European hosted by the League Greensburg and Saint Vincent countries. The participants would of Women Voters, T Archabbey, College and Seminary, was process into the church clothed in red the Westmoreland celebrated Friday, September 26, vestments, signifying their plea for Bar Association, the 2003, at Saint Vincent Archabbey the Holy Spirit’s guidance in pursuing YWCA and UPG, was Basilica in Latrobe. justice in their daily lives. attended by over 100 people The speaker at this year’s Mass was and was the only debate between the The Hon. Maureen E. Lally-Green, two judicial candidates. judge of the Superior Court of Explorer Post Michele G. Bononi, the Republican Pennsylvania. Appointed by Governor nominee, and Christopher Feliciani, Tom Ridge and confirmed by the Seeking New the Democratic nominee, debated a Senate in 1998, she was elected to a series of questions that included the ten-year term in January of 2000. Leadership role of the judiciary with emphasis on In her remarks, Judge Lally-Green family court matters. said lawyers face two challenges today: xplorer Post is a co-ed Questions were asked by panelists first, to stand up for what is right and community outreach program Anne Aungier, President of the second, to help restore trust in society. run through the Boy Scouts of YWCA of Westmoreland County; E The difficult issues the Catholic America. The program, open to high Jason Gault, UPG student; Arline G. church has been facing in recent schoolers who are interested in a Robinson, Political Action Chair of months have affected people’s faith, law-related profession, enables the NAACP; Peggy Watson, Vice she said, causing disappointment, students to interact with attorneys President of the League of Women disheartenment and alienation. and judges and get a taste of the legal Voters; and Dr. Frank Wilson, She used examples from her life profession. The students meet once a Director of the Behavioral Sciences growing up with seven siblings to month. Activities include touring the Academic Village at UPG. Members show how important trust is. “When courthouse, sitting in on a criminal of the audience were able to submit people believe in others, it gives them trial, and attending a Supreme Court questions for the panel to ask. courage to do the right thing,” she session in Pittsburgh. Jim Wells has run this program for a number of years, but the time has On The Move ... come for someone else to take over. We are looking for three or four ROBERT LOUIS FREY, JR., is an associate with Ronald L. Russell attorneys, or even a judge, to work & Associates at 101 North Main Street, Suites 201 A & B, Greensburg, together on this important community PA 15601. He can be reached at 724-830-8844; fax 724-830-8892. program. Contact the Bar office if you SUSAN WILLIAMS has joined Strassburger McKenna Gutnick & are interested. Potter in their Greensburg office at 206 North Main Street. She can be reached at 724-836-5423; fax 724-836-4750. wba SEPTEMBERÐOCTOBER 2003 sidebar ¥ 17

SEPTEMBER 16, 2003 Actions of • Accepted Membership Committee bookmark report: Robert Frey, for participating continued from page 15 the Board and Debra Miskovich as associate. • Discussed rental opportunities for the detail fair warning to think twice AUGUST 19, 2003 first floor space of bar headquarters. before throwing away what you have • Decided to check advertising costs Agreed to run an ad in the 4 Pgh- for what you think you want. I for law journals from surrounding Gbg with availability for January 15, cheered for Anna in the beginning counties to consider possible rate 2004. when she defies local tradition. I con- increases for Westmoreland County. • Agreed to offer the use of the bar tinued to cheer for her through about • Asst. Treasurer DeDiana agreed to building for the community educa- page 400 but despised her at the end. contact the state corporation bureau tion seminar on Planned Giving She never should have left her son, so to investigate those businesses who being given by the Westmoreland have not published fictitious names Collaborative. she realized too late. in the law journal. •Voted to run a full page ad in the • Heard report from President Kress Redstone Highlands’ annual Spirit of CHASING THE HAWK: LOOKING that he had checked on the possibil- Giving event program in recognition FOR MY FATHER, FINDING MYSELF ◆ ◆ ity of allowing bar members to of the contributions that John Noel by Andrew Sheehan For anyone bypass security at the courthouse made to the profession and to his who got caught up in the running and that request was denied. community. craze in the late 70s, you will find this • Learned that President Judge • Agreed to place “YL Committee book fascinating. Andrew Sheehan, Ackerman will write letters to those Chair Report” on the board agenda local newscaster for Pittsburgh and son attorneys who are “no-shows” for as a standing report under the com- of Dr. George Sheehan, running guru, arbitration panels. mittee report portion of the agenda. writes a painful, yet honest, account of • President Kress reported that he had • Heard report from Lawyer Referral growing up with the nationally adored contacted the PBA Unauthorized Service Committee Chair Jim fitness hero. Dr. Sheehan attracted a Practice of Law Committee and the Whelton that he would most likely cult-like following while leaving out Attorney General’s office regarding a remain Chair of the LRS committee and leaving behind his wife and their possible UPL by a company selling for the next year to follow through 12 children. The tragedy that befalls living trusts in Westmoreland changes of the program. this dysfunctional family is heart County. • Also heard report that Colburn met wrenching. Andrew, estranged • Approved bid to remove the ivy from with LRS representatives to discuss from his father, unemployable, and bar building. appropriate and adequate insurance alcoholic, slowly finds reasons to • Learned that the grant from Laurel for LRS. mend the father-son relationship. Legal Services to the Westmoreland •Voted to implement increase in Yes, this is another love story, but this Bar Foundation for 2004 will remain advertising rates for the Law one has a happy ending. at the current funding level of Journal, effective January 1, 2004. $30,000. •Voted to double the cost of IN HER SHOES ◆ by Jennifer Weiner • Approved expenditure to send two subscription rates for the WLJ, ◆ bar members to the national Lawyer effective January 1, 2004. I had to include a “chick” book and Referral Service conference. • Charged the finance committee with the fact that it is also a lawyer book is • Approved expenditure for Judge reviewing the current investment a bonus. Rose Feller is Ally McBeal Bloom to attend the national policy of the WBA and making a but with an extra 80 pounds on her Lawyers Concerned for Lawyers recommendation to the board. frame. A lawyer in a big-time conference. • Agreed to notify PAC members Philadelphia law firm, Rose is looking • Discussed the purchase of a defribilla- about the PBA Day on the Hill event for love and in all the wrong places. tor for use in bar headquarters and on October 21, which allows bar Her sister, Maggie, on the other hand agreed to table until after the “heart members to meet with local is a loser with a capital “L.” She can’t talk” quarterly meeting on October 31. legislators in Harrisburg. keep a job, can’t manage money, can’t •Voted to charge $37.50 per person •Voted to move the October board act her age. She is however drop dead to attend the fall gathering to be held meeting to Wednesday, October 29 gorgeous. Throw in a wicked step- at Fox Chapel Racquet Club. at 4 pm with invitations sent to mother, a spineless father, a long lost judges. grandmother and a whole lot of oh- •Voted to invite the ACBA director my-God-she-didn’t-do-that antics and to the November board meeting to you have a funny, yet sometimes exas- discuss the rental space of the first perating read. This one’s definitely news floor of bar building. banned from “The Man Show.” 18 ¥ sidebar SEPTEMBERÐOCTOBER 2003

Lawyer Referral Service continued from page 14 changes being proposed. Future Prior to adopting this recommenda- a two-tier system to mirror that of the articles will educate our members tion of the ABA, the committee subject matter panels. The current about the changes in greater detail. carefully reviewed a number of ethics minimum coverage of $100,000 opinions from across the country all required of all participating attorneys ONLY ONE NAME of which confirm this is a permissible will continue to be required for attor- PROVIDED TO CALLERS practice. neys participating in the general panels. Presently, callers seeking a referral to However, attorneys participating in the an attorney are provided the names subject matter panels will be required of three attorneys. All three attorneys to demonstrate additional coverage. are treated as having been provided a The committee is finalizing its recom- referral and their names then go to mendations to the Board on this issue. the bottom of the list. This is seen as unfair because two of the attorneys STAFFING do not benefit from the referral. As a The changes discussed in this article result, it is recommended that future represent sweeping changes to the LRS callers receive only one name of a SUBJECT MATTER PANELS program. They also represent a signifi- participating attorney when they call Presently, participating attorneys cant administrative challenge. Because for a referral. are able to accept referrals in fifteen of the administrative burden these subject areas. The Committee has changes represent and also to provide FEES endorsed the recommendation of a better screening of callers which will A number of changes are proposed in two-tier system. There will be a general assist in a better referral, the commit- this area. The LRS is currently a free panel which will be open to all partici- tee has recommended that the Board program to the callers. It is proposed pating members. However, for more authorize hiring a dedicated staff that callers will be required to pay a complex cases (and in some cases all person who will be responsible for modest fee of $30 prior to receiving matters in certain areas), participating the day-to-day operation of the LRS. the name of the attorney. In exchange, members will need to satisfy certain The committee’s goal is to imple- they will be provided a free half-hour objective criteria before being eligible ment the changes recommended by consultation by the attorney to whom to receive referrals in that area of the the ABA which are based upon the they are referred. The Committee was law. Input from the substantive law business model that has proven of the opinion that most attorneys committees was sought on the criteria successful across the country over the charge $150 per hour. The consulta- which should be implemented and the past ten years. By doing so, we will be tion charge represents less than one- committee is in the process of finaliz- able to use the logo confirming the half of the cost for the half-hour ing its recommendations to the Board. program meets ABA standards which consultation. The attorney will be free The primary incentive for develop- is very important from the public’s to charge their customary fees for any ing subject matter panels is the caller perspective. This article was intended time spent beyond the initial half-hour receiving a “known quantity” when to provide an overview of the more consultation. The consultation fee will they call the LRS. This is designed to substantive changes which have been be waived for personal injury, workers’ give the caller a significantly increased recommended thus far. There will be compensation, social security disability, level of comfort in knowing that the further information on the redesigned and similar cases. It is expected that attorney to whom they are referred LRS distributed in the next couple of this change will dramatically improve has demonstrated a certain level of months. In the meantime, your the “quality” of the referrals. experience which has been verified. comments are appreciated. The other major change called for This will allow our members an “edge” Serving on the LRS committee are: in the area of fees is that participating in competing against the big advertisers. Eric Bononi, Becky Brammell, John attorneys will agree to pay to the LRS Campfield, Gary Falatovich, Richard 15% percent of all fees in excess of PROFESSIONAL LIABILITY Flickinger, Deborah Jackson, Maureen $500 generated on any referred case. The development and implementation Kroll, Irene Lubin, Joe Massaro, Bill This will provide a funding stream for of subject matter panels for more McCabe, John O’Connell, Gino Peluso, LRS which will permit increased mar- complicated and complex matters Jim Whelton (chair), and Denis Zuzik. keting and support the increased costs raises the issue of the required The committee would like to thank of administering the program and also minimum professional liability Diane Krivoniak for all of her help over help alleviate the direct costs to the WBA. coverage. The committee has proposed the course of the past many months. SEPTEMBERÐOCTOBER 2003 sidebar ¥ 19

Franklin L. Bialon continued from page 3 Coming Frank loved his boys and was Frank came home to announce that excited about their success. He he was hired in his first steady paying Attractions worked hard to give his children job as the Solicitor for the Mon Valley ot many of you may have the best education possible, with Sewage Authority and now she could realized that the sidebar grooming schools, law schools, VMI, buy whatever groceries she needed. Nturned 15 this year. I didn’t MIT, Carnegie Mellon—that is a How poignant, how memorable. even realize it until it was pointed lot of tuition and sacrifice. This This union provided the nuttiest, out to me, but I didn’t hesitate to extraordinarily proud father has left happiest relationship. They bubbled to take advantage of our milestone. a wonderful legacy in these young tell you stories of their trips to the What this means for you is a little gift come December (or more men. The boys gave him four Witches Ball in Salem, Mass., or the likely January considering the grandchildren, Natalie Ann Bialon, ghost trips to Gettysburg and the way our deadlines have been Jason Bialon, Jr., Ava Bialon and haunted Inn, or going to Antarctica working out). Alta Bialon. where they had their picture taken in The next issue of the sidebar In today’s crazy world of marriage a dog sled or going to Punxsutawney will be a “Best Of” issue. We’ll and divorce, his marriage of 35 years where they could dance all night and take the best articles, the best to his surviving wife, Alice Sepesky see the groundhog maybe see his photo captions, the best Sponte piece (I know, they’re all brilliant Bialon, was meant to be! Alice and shadow the next morning. These two —how can I choose?), the best of Frank were high school sweethearts never let any grass grow under their everything boiled down into a 20- and we should take heart in their feet as they traveled extensively by page walk down Memory Lane. happiness. visiting such places as Turkey, Greece, Is there a favorite story or Alice related a tender story that Italy and Alaska. photo you’d like to see again? when they were first married and had I have lost a good friend and E-mail me at [email protected] little money, she would scrimp and counselor and we have all lost a very and let me know. I may not pay attention, but then again, I may save, working with her weekly grocery knowledgeable and skilled practitioner be in a good mood that day. money to the last penny until one day, of the law. 20 ¥ sidebar SEPTEMBERÐOCTOBER 2003

CALENDAR of Events NOVEMBER ANNUAL 19 Criminal Law, Noon Northern Lawyers Luncheon, HOLIDAY Noon, King’s, New Kensington Inns, 5 p.m. DINNER 27-28 Courthouse closed Please make DECEMBER 02 CLE Lunch ‘n Learn: DANCE plans to join us “New Tax and Estate Planning as we honor all Opportunities,” Noon members of the 04 Notary Education Seminar, SATURDAY Westmoreland Noon to 3:15 p.m. DECEMBER 08 Bankruptcy, Noon Bar Association 10 Membership, Noon who have been SIX O’CLOCK PM Inns, 5 p.m. in practice for 11 CLE Lunch ‘n Learn: TO MIDNIGHT “InCite Update,” Noon years or more 13 Holiday Dinner Dance, HILL CREST Hill Crest Country Club COUNTRY CLUB 17 Northern Lawyers Luncheon, Noon, King’s, New Kensington LOWER BURRELL 18 Elder Law and Orphans’ PENNSYLVANIA Court, Noon 22 CLE Video Compliance Seminar 25 Courthouse closed

PRESORTED STANDARD U.S. POSTAGE Westmoreland Bar Association PAID 129 North Pennsylvania Avenue GREENSBURG, PA Greensburg, PA 15601-2311 PERMIT #678