THE NEWSLETTER OF THEWESTMORELAND BAR ASSOCIATION

VOLUME XXIII, NUMBER 6DECEMBER 2011

INTHISISSUE

thesidebar

2 9To-Wit:by S.Sponte 11Jury

TrialVerdicts3 2012

Bench/BarConference 4 In Memoriam

MikeRubinoff 5 In Memoriam

John F.Kradel

President’sMessage

On September 7, 2011, the Trustees of theWestmoreland Bar Foundation unanimouslyvoted to provide financial support to the recently

launched project in Family Court known as the AcceleratedPermanency Treatment Program (APTP). Judge Felicianihas implemented this program to reunify children separatedfrom their parents when the Children’s Bureau has alreadyintervened and the future of the family, as an intact unit,has been threatened by alcohol or substance abuse.

In an attempt to help the parent recover, ProgramCoordinator Roy Kindelberger (Children’s Bureau) anda multi-disciplinary team meet weekly with drug- or

alcohol-dependent parents toprovide support, encouragement,and either rewards or penalties fortheir behavior. If a parent complieswith the requirements imposed—staying sober, going to AA or NAmeetings, treatment with a counseloror therapist, attending weekly courtsessions—the parent is rewardedwith gift cards and additional

hours of child visitation. But the ultimate incentive tothe parents—in addition to living a life that is free fromsubstance abuse—is a permanent unification of the family.

In addition to Judge Feliciani, the team is presentlycomprised of Stephanie Madl, a Drug & AlcoholCounselor at Southwestern PA Human Services (SPHS);Sarah Distefanis and Dawn Marino, paralegals with theStatewide Adoption Network; Mary Anne D’Auria, fromWesley-Spectrum Services (family therapists); Tim Phillips,of Westmoreland Community Action; Mary Ann Grec, thecounty solicitor who handles most of the child dependencycases; Kyle Baxter, court-appointed guardian ad litemrepresentative; Eric Dee, attorney representative for theparent, and Annaliese Masser, the Master who hears many

Accelerated Permanency TreatmentProgram Earns WBF Support

continued on page 6 continued on page 6

THE VIEW FROM THE BENCH

by The Hon. Christopher A. Feliciani

During the course of my eightyears hearing dependency cases,I came to realize that a very

large percentage of the juvenile casescoming before me had a drug and/oralcohol component. Of that largepercentage of cases, a significantnumber ended in the termination ofthe parental rights of the drug/alcohol-addicted parent.

Clearly the established protocols fordealing with the problems of dependency wereinsufficient to address the problem, and a moreintensive approach was needed to increase thelikelihood of reunification of the family.

At the time, there was a certain single parentwho had appeared before the court. Two of her minorchildren had been removed from her custody as aresult of various problems at home, most notably heraddiction to marijuana and heroin. After having anin-court discussion with her and realizing she wascrying out for help in overcoming her drug addiction,I decided to create a panel of individuals to oversee apilot, experimental treatment court. The members ofthe panel are individuals from our community whocome from different agencies, including SouthwesternPA Human Services, Wesley-Spectrum Services,M & M Drug Testing, Statewide Adoption Network,and Westmoreland Community Action, along withattorney representatives for parents and guardians adlitem, a county solicitor and a coordinator assigned bythe Westmoreland County Children’s Bureau. We have

�

The Hon.ChristopherA. Feliciani

Looking for a special wayto remember someone?

Births • Deaths • Marriages • AnniversariesMaking Partner • Passing the Bar

Since 1991, the Westmoreland Bar Foundation has raisedthousands of dollars to assist the poor, disabled, elderly andchildren in our community. Through the Memorial Program, you

can honor a colleague or loved one with a contribution to theFoundation. Your gift will help serve the needs of our own who havenowhere else to turn for legal services.If you would like to make a gift to the Foundation as

a meaningful expression of respect, please makecheck payable to the Westmoreland Bar Foundationand mail to WBA Headquarters, 129 N. PennsylvaniaAve., Greensburg, PA 15601.

2 • sidebar DECEMBER 2011

President’s Message

Happy Holidaysby Michael J. Stewart, Esq.

As we approach the endof another year, I want tothank all of our members

for your dedication and service to theWestmoreland Bar Association. We

just celebrated our125th anniversary,and no matter whatcalendar you observe,that kind of longevityis no small feat. Itwould never havehappened withoutthe participation andcare our members

lavish on our bar association.Thanks also to our extraordinary

staff: Diane, Susan, Cathy, and Julia.They are so instrumental in the con-tinued development and maintenanceof a quality Bar Association and wecouldn’t get anything done withoutthem. I want to also thank our pastpresidents who continue to serve thisAssociation far beyond their years ofactive service as official BoardMembers. Their efforts flow from awonderful commitment to the valuesthat this organization embraces.

Throughout my term on thisBoard, the single most discussed issueon the local, state, and national levelhas been the restoration of civilityto our profession. I quote JusticeAnthony Kennedy of the UnitedStates Supreme Court:

“Civility is the mark ofan accomplished and superbprofessional, but it is even morethan this. It is an end in itself.Civility has deep roots in the ideaof respect for the individual. Weare civil to each other becausewe respect one another’s humanaspirations and equal standingin a democratic society. We mustrestore civility to every part of ourlegal system and public discourse.Civility defines our common causein advancing the rule of law.Freedom may be born in protest,but it survives in civility.”At this time of year, may I suggest

to you that, in part, our missionneed be the observance of respect forcolleagues. It is inextricably linked toour desire for goodwill towards oneanother. We need to appreciate that

being kind is more important thanbeing right. We need to recognize thatwhile everyone wants to live on top ofthe mountain, all of the happiness andgrowth occurs in the climb.

Though we may have differentcultural and religious traditions, it isduring this time of year, this holidayseason, when we pause to rememberour purpose in the short time thatwe have on this earth, when we lookforward to spending time with familyand friends, that we remember thosewho may not be as fortunate. Maythe spirit of this time motivate ourgenerosity now and throughout theyear as we continue to give back toour profession and our communities.Finally, may you and your family havea blessed holiday season. �

Your Humble Servant,

MemberDirectoriesAvailable

Have youpicked upyour new

pictorial directoryyet? Stop by WBAHeadquartersduring regularbusiness hours fora complimentarycopy; if you preferto have it mailed, send us acheck for $5 and we'll drop it inthe mail for you. Additional copiesare available at $5 each.

And just a reminder—you canaccess the same membershipinformation online anytime atwestbar.org/attorneys. �

the sidebar is published bimonthly as a service for members ofthe Westmoreland Bar Association. Letters to the Editor should besent c/o WBA, 129 North Pennsylvania Avenue, Greensburg, PA

15601-2311, fax 724-834-6855, or e-mail westbar.org@westbar.org. the sidebar welcomessubmissions from members or non-members. Please submit to the Articles Editor, c/o WBA.Back issues from 2000 to the present and a comprehensive, searchable index are available

online at www.westbar.org/thesidebar.

EDITORIAL BOARDDavid J. Millstein, Esq., EditorBeth Orbison, Esq., Assistant EditorThe Hon. Daniel J. Ackerman,

Chief ElfSusan C. Zellner, Associate EditorDiane Krivoniak, Managing Editor

thesidebar

DECEMBER 2011 sidebar • 3

by John M. Hauser, III, Esq.,Bench/Bar Committee Co-Chair

The 26th Annual Bench/BarConference will be heldJune 14-15, at the historic

Bedford Springs Hotel, in Bedford,Pa. Close to home with luxuriousaccommodations, this resort seemsthe perfect locale to add an element ofopulence to this year’s Conference.

Attendees at thisyear’s Conferencewill enjoy the upscaleamenities at the resortincluding historicarchitecture, marblelavatories in all of theguest rooms, crystalchandeliers, a spring-fed indoor swimming pool, anoutdoor swimming pool, and the30,000-square-foot Springs EternalSpa. History buffs will likely appreciatethe period architecture and innumer-able historic artifacts and documentslining the walls of the resort. Also,the more outdoorsy among us willbe partial to the numerous gardens,outdoor walking and biking trails,Cannondale mountain bikes availablefor rental, and the highly rated golf

some new additions, including a yogaworkshop, a historic tour of the resort,and a cooking class which will betaught by the resort chef over wine.Also, for the hackers among us, thisyear’s golf outing will be a scramblewith “best-ball” team scoring. Finally,the Young Lawyer’s Suite will be inthe resort’s Donald Ross Suite, whichmakes an impression on all who enter.

Regardless of your interests, you willfind this location to be a welcomerelief from the stress and deadlines ofpractice, and perfectly suited to thecamaraderie and relaxation that are thegoals of our Bench/Bar Conference.We hope to see you there! �

course.Epicureandelights alsoabound, withthree top-tier

restaurants on the premises, plus adessert and coffee shop, and compli-mentary tea in the lobby each day ofyour stay. And those of you wishingto stay longer than the Bench/BarConference may also be glad to hearthat the group rate has been locked infor three days prior to and followingthe Bench/Bar Conference.

Activities at this year’s Conferencewill be similar in many ways to pastconferences; however, there will be

New Venue for 2012 Bench/Bar:Bedford Springs Resort

4 • sidebar DECEMBER 2011

health. We both laughed and enjoyed each other’s jokes toldfor about the seventh or eighth time as if they were new andfresh to both of us. I reminded him of all the good he haddone as a political science professor and the fact that a goodnumber of the assistant D.A.s in Westmoreland Countywere taught political science by him. He wasn’t so sure thatwas a good thing.

At my encouragement, he reminisced extensivelyabout his work as a Special Master in domestic relations.I reassured him that his reputation had been one ofcomplete objectivity and fairness to both sides of thetable in a most difficult and emotional field of law. Whenhe started tearing up at this discussion, I told him to cutthat out. He had a lot of life yet to live and he was going tobeat this problem. We both knew that wasn’t true. For themoment, it helped him get through the day.

He told me his son and grandchildren were coming forthe weekend to celebrate his 72nd birthday. The thoughtof that brought large smiles to his face. He was so lookingforward to that visit. He tried looking forward to the timewhen he would be a bit better and could get out of thehospital.

He joked with me about how I had been best manand toasted the bride and groom the first time he marriedSandy. He also remembered that I had been the bestman the second time he married Sandy. He asked me ifI remembered the wording of my toast on the secondoccasion. I did. I said to Mike and Sandy, “Darn it, this

RememberingMike RubinoffEditor’s note: Mike Rubinoff passed away on August 31, 2011.He is survived by his wife, Sandra; children, Mark Rubinoff(Betsy) and Sally Rubinoff (Paul Englund); four grandchil-dren, Nicholas, Leah, Alec, and Ethan Rubinoff; brother,Arthur Rubinoff (Janet); nephew, Derek Rubinoff; and niece,Kailan Rubinoff.

by Judge Irving Bloom

My best friend died on August 31,2011, at the age of 72. I am notgoing to recite the usual listing

of those who survived him. That is betterleft to the obituary that appeared in theTribune-Review in the beginning ofSeptember.

I had a call from Mike in early June thathe was suffering from cancer and would beundergoing treatment that would take care

of the matter. I was concerned, but he seemed in a goodmood. Later, I got a call from his wife, Sandy, that it was aparticularly aggressive form of cancer and was fast-movingand fatal. We kept in touch by phone every few days; Ipromised, as requested, to come and visit him very soon.

In the middle of August, I got a call from Sandy thatthings were moving quicker than expected and if I wantedto talk to him, I should come and visit quickly. Within twodays, I got a ticket and flew down to Naples determined totry to be as cheerful as possible.

Sandy and Mike’s daughter, Sally, picked me up at theairport and we went to visit Mike at the hospital. Thatvisit was among the toughest six hours of my life. Mikeand I crammed a review of 44 years of friendship into thosesix hours. Mike and I had shepherded each other throughillnesses, divorces, tough cases in the practice of law, familybirths and deaths, and every possible aspect of a lifetimeof friendship.

We discussed how his philosophies had morphed froma left-leaning, very liberal political science professor to aconservative who thought the greatest accomplishment ofthe George W. Bush administration was the lowering ofcapital gains taxes.

We talked about homicide cases we worked on together,narcotics cases, and particularly discussed how most of ourclients were guilty and if we got half of them off we weredoing well.

For a few hours, Mike seemed to forget the fact that hewas only pain-free because of the Oxycontin and seemed toforget for that short period of time the fragile state of his

�

Mike Rubinoff

DECEMBER 2011 sidebar • 5

time get it right! I’m not going to do this a third time!” Weboth laughed, and when Sandy was out of the room for amoment, he said to me, “Irv, we did get it right this time.”I smiled and laughed and the tears didn’t come until I wasalone back in my hotel room knowing that that was the lasttime I would ever see my best friend.

He died twelve days later. He had seen and visited withthe people he wanted to see and visit with and he died atpeace. His death was five years to the day from when hehad retired and moved to Florida, where he and Sandyhad such a wonderful life. How sad. �

RememberingJohn F. KradelEditor’s note: John F. Kradel passed away October 4, 2011.He is survived by his wife of 58 years, Nancy; children,Kim Kradel, Sally (Ronald) Smichnick, Susan (Dennis) Waite,John (Kimberly) Kradel, Amy Beth Kradel, and Mark (Diane)Kradel; grandchildren, Corrie and Nathan Smichnick, SamuelKradel Waite, John (Courtney), Kayla, Mark, William, Joseph,and Heather Kradel; brothers, R. Paul (Eileen) and James(Jane) Kradel; a nephew; and great-nieces and nephews.

by Jeff Pavetti, Esq.

John F. Kradel died on October 4, 2011, at the ageof 79. He practiced law for 53 years, primarily in theLigonier Valley. He is survived by his wife Nancy(they were married for 58 years), six children, and

nine grandchildren.Back in the day when a young person waited for his

or her turn at public service, John was elected to theLegislature at the tender age of 32. That was quite anaccomplishment. In that era, the Pennsylvania Legislaturewasn’t the most productive deliberative body on the planet[“Plus ca change ...” ]. As John told the tale, the memberswere summoned into session to collect their per diem, andlittle else was accomplished at the Capitol short of someserious poker games and an almost obsessive celebrationof the birthdays of the members.

John did not seek a second term. When an astonishedcolleague asked why he hadn’t run for reelection, Johnfamously replied, “I got tired of driving to Harrisburg tosing ‘Happy Birthday.’”

John’s newspaper obituary noted that he enjoyedmentoring young lawyers. As a young lawyer in the early1980s, I remember John as a welcoming, supportive, andhelpful colleague. Although I was admitted to practiceafter the preceptorship program ended, I wished that Ihad participated in that program and had the benefitof a mentor like John.

John always had a contented smileon his face. That smile could be rathercontagious. You always got the impressionthat John enjoyed being a countrypractitioner. John was a very insightfuland pragmatic person and undoubtedlyhis clients benefited from his sage (andcommon sense) advice. Something tells methat he may have collected more than hisshare of fees in the form of farm grownmeat and produce—but that might havecome in handy as John was the father of sixchildren. He represented many municipalities in the greaterLigonier area. If memory serves me correctly, he also keptevening hours in an ancillary office or two. On top of allthat, he operated business enterprises, including ice creamstands. John was a person who enjoyed being busy.

I’ll end with one final remembrance of John: he couldbe rather sartorially challenged. John was capable of wearinga white shirt, blue tie, and brown sport jacket. For somereason, it worked for him. In many respects, it was classicJohn Kradel—he always left you with a smile. �

�

John F. Kradel

Mike Rubinoff and John Kradel will be remembered,along with Bob Garland, at the 50th Annual MemorialService of the Westmoreland Bar Association to beheld at the Courthouse in May 2012. Please plan onjoining us to honor our colleagues.

of the dependency cases. Many ofthe hours spent by these individualson this work are donated withoutcompensation.

“A multi-disciplinary team approachworks in a way that one person, withone perspective, can’t,” explains KyleBaxter. “With weekly meetings, there’s

constant accountabilitythat doesn’t exist ina regular Children’sBureau case, wherepeople can get intothe system and justsit there. People can’t

break the cycle of addiction on theirown. We are rooting for the parentto succeed, and once you lose theadversarial nature of it, then theattitude of the participant changes,too. That’s why this works.”

If you would like to supportthis program, add your name tothe court-appointment list or senda tax-deductible contribution to theWestmoreland Bar Foundation,specifically designating your gift as acontribution to the APTP fund.Contributions to this fund will beused to purchase gift cards and other“rewards” for successful participantsin the program. Your contributionwill go a long way toward creatingand maintaining healthy familiesin Westmoreland County. �

THE VIEW FROM THE BENCH continued from page 1

named the program the Accelerated Permanency Treatment Program, or“APTP” for short.

Our pilot case lasted approximately nine months. The program requiredthe woman to meet weekly with the team and weekly with the court. Toour surprise, she appeared consistently and on time each and every weekfor a consecutive nine-month period. When she complied with the servicesand was drug free, I acknowledged her efforts in open court and she receivedincreased community visits with her children, gift cards and other similarrewards. She was required to remain in her mental health and drugtreatment program until successfully completed, and although she had acouple minor setbacks during the course of the program, she was successfulin having both of her minor children returned to her custody at thesix-month review hearing.

After she had been sober for eight months, our panel conducted agraduation ceremony, she was given a framed certificate of completion, awindow air conditioner (something that she had on a wish list), and a publicdisplay of approval by the entire team and the members of her family. It wasa success story we hope to repeat with other parents in similar situations.

It is estimated that this successful pilot case alone resulted in cost savingsto the county in the approximate amount of $35,000. The programdoes require financial support for the purchase of gift cards used asrewards for the participants when they are in compliance with theprogram requirements.

I truly believe that the program works because of the team’s weeklyintensive, unrelenting interaction with the participants. This approach,in my opinion, holds the participants accountable for their conduct whilerewarding positive, appropriate behavior. If we can get the participants toabstain from drug and/or alcohol usage long enough for them to recognizethat they can function without them, their long-term chances of remainingdrug- and alcohol-free and reunifying their family increases significantly.

The process is very demanding on all the members of the panel.However, each of the individuals has acknowledged the need for sucha program and has demonstrated a commitment to the process now and inthe future. We are currently in the process of screening future participantsand hope to start the next phase before the end of this year. Limitationsof time and resources oblige us to limit the number of participants to ten,but our hope is that there will then be ten fewer families torn apart by thedamage inexorably flowing from the abuse of drugs and alcohol. �

6 • sidebar DECEMBER 2011

Accelerated Permanency TreatmentProgram Earns WBF Support continued from page 1

ATTENTION ATTORNEYS, PARALEGALSAND LEGAL SECRETARIES

Looking to hire or be hired? The Westmoreland Bar Associationoperates an informal placement service for paralegals, legalsecretaries and attorneys by collecting résumés and forwardingthem to potential employers at no cost. Contact Bar Headquarters at724-834-6730, or 129 N. Pennsylvania Ave., Greensburg, PA 15601, formore information.

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by Nancy L. Harris, Esq.

Since I haunt only used bookstores, the old-fashioned, realpaper kind, the books I read

could hardly be considered newreleases. But any author with a writing

style that flows easilyoff the page usuallycomes home with me.If I have to work at it,we’re done.TOO BIG TO FAIL

� by Andrew RossSorkin � Sorkin isa former New YorkTimes financialcolumnist and isnow a financialcommentator with

CNBC. This is a fascinating andhighly readable inside story of thepeople and policies involved in thefinancial meltdown of 2008. Basedon detailed personal accounts and

THE LAST JUROR � by JohnGrisham � Although this is a mysteryand courtroom drama, the real charmis in the character portrayals drawn ofsmall town Southern life. Perhapsthese characters, and the ambienceJohn Grisham creates, don’t exist at allexcept in our collective imaginations,but they certainly come to life here.BURYMYHEARTATWOUNDED

KNEE � by Dee Brown � The detailedbut well written histories of nativeAmerican tribes through the earlytwentieth century, taking as its focusthe slaughter of Lakota Sioux atWounded Knee, South Dakota. I’mnot sure of the exact quote, but it goessomething like: “As Red Cloud, animportant chief of the Oglala TetonDakota (Sioux) said, ‘They (the whitemen) made us many promises, morethan I can remember, but they keptonly one; they promised to take ourland, and they did.’”

documents from those whose namesyou heard every day on the news.BLEACHERS � by John Grisham �

Not your usual whodunit or court-room drama, but rather an intriguingcharacter study of small-town Americaand the aftermath of high school foot-ball stardom. If you liked “Remains ofthe Day,” you’ll love Bleachers.THE DEVIL KNOWSYOU’RE

DEAD � by Lawrence Block � Or anyof the Matthew Scudder series by thisauthor. This is an offbeat crime seriesabout a private detective who is arecovering alcoholic, and who hassome unusual, occasionally quiteviolent, friends.ABRIEF HISTORYOF TIME�

by Stephen Hawking � The firsthalf is great for those who’d like anadmittedly superficial understandingof special relativity, wormholes, thetheory of time, etc. But about halfwaythrough, when Hawking started intoparticle physics, he lost me.

DECEMBER 2011 sidebar • 7

bookmark What Have You Been Reading?

�

Nancy Harris

Intellectual Property LawPatents, Trademarks, Copyrights

• Over 30 years of practice before the U.S.Patent and Trademark Office

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practitioners is 46%)• Registered at Canadian Patent Office with

over 300 patents issued• Registered over 300 Federal and

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including European Union, Japan, China, U.K.,Germany, Brazil, Mexico, etc.

Bachelor’s degree in Engineering from New York UniversityMaster’s degree in Electrical Engineering from Drexel University

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continued on page 8

THE PHYSICS OF RADIOLOGY

� by Johns and Cunningham � Justkidding—wanted to see if you werestill reading the list. Actually, this isan excellent textbook on ionizingradiation and its interactions withmatter at the molecular level, but Iwouldn’t recommend it for casualreading.THE ECONOMIST � This is not

actually a book, but rather a weeklyworld news magazine published inLondon, England. Highly readableand informative, it incorporatesregional and topical expertise to agreater extent than a typical American“news” weekly, providing a fascinatingoutsider’s view of American politics,economics, and society. Enlightening,to say the least. �

Bookmarkcontinued from page 7

where in the worldIS THE WBA MEMBER?where in the worldIS THE WBA MEMBER?

ROME, ITALY

In July ofthis year,WBA memberDwayne Rossand hiswife, Kathy,celebratedtheir 25thanniversaryin Italy. Thisphoto wastaken in frontof the Trevi

Fountain in the romantic city of Rome, Italy. A traditionallegend holds that if visitors throw a coin into the fountain,they are ensured a return to Rome.

ROME, ITALY

New MemberSketchesDARRELL J. ARBORE has rejoined

the WBA as a participating member.He earned an undergraduate degree inPoliSci from Frostburg University, andhis J.D. from Duquesne University.Solicitor for the Westmoreland CountyTax Assessment office, Darrell alsopractices law with his wife, Tracey A.Wilson, in North Huntingdon.SUSAN OTT has joined the WBA

as an associate member. A graduate ofPitt with a degree in Psychology andPublic Health, Susan earned her J.D.from Duquesne. She is a contractedlawyer with Rhoades & Wodarczyk,LLC, in Pittsburgh.TRACEYA. WILSON was reinstated

as a participating member of the WBA.She earned a bachelor’s degree fromPoint Park University and her J.D.from Duquesne University. Traceypractices with her husband, Darrell J.Arbore, in North Huntingdon. �

Elizabeth Bailey and TheHonorable Donetta W.Ambrose were honored bythe Duquesne UniversitySchool of Law on Tuesday,October 18, 2011, as part ofthe school’s celebration of100 years of Duquesnewomen in the law. MissBailey, who graduated fromDuquesne in 1947, washonored as the oldest lawpractitioner in Pennsylvania,as well as the oldest living

Duquesne Law School alumna. Judge Ambrosereceived the Carol Los Mansmann award fordistinguished public service.

BR I EF LYSPEAKING

8 • sidebar DECEMBER 2011

[Photo: acba.org]

Care to share what you’re reading?E-mail us at westbar.org@westbar.org.

by S. Sponte, Esq.

Ican do this,” I thought to myselfas I walked into the courtroom,smiling sardonically at the pillars

of justice that guarded its entranceas I passed by. I proceeded directlyto the lectern with my file and stoodthere waiting, calm and composed.

Now usually I am tense before oralargument, on edge, wired, but not thistime. Maybe this time my composurehad been informed by the tenor of myprior experiences with this judge, ormaybe I was just overcompensatingfor what I knew lay ahead.

This case has been very difficult,not because of the law and not evenbecause of opposing counsel’s decidedlyidiosyncratic behavior. What’s madeit difficult is that every motion Ihave filed in this case, and therehave been many, has been met withan increasingly intemperate reactionfrom His Honor. When I filed this

saw me standingthere.

“Yes, YourHonor,” I replied.“And as dilatory,unprofessional,and incompetentas ever,” I addedwith a twisted grin,quoting his comments about me fromhis most recent opinion. “I’m thrilledto see you again as well.”

And with that, I launched into myargument, supremely confident thathe would interrupt me incessantly,insult me inordinately, and make myprofessional life, yet again, a living hellwith his badgering, his insults, histaunts, and his criticisms, and I wasright. Grumbling something aboutmy not having previously disclosedthe middle initial of my name, helaunched into his diatribe du jour,this time accusing me of “lack of

particular motion, he scheduled ahearing for, as he described it, “thepurpose of ripping Plaintiff ’s counsel anew one.” Putting the image aside fora moment, there’s nonetheless a bit of

comfort that comes from knowingexactly what to expect.

His Honor entered the courtroomfrom the side door, as always, and tookhis seat on the bench. “You again,huh?” he said with disdain when he

DECEMBER 2011 sidebar • 9

continued on page 10

When it comes to

verbal warfare, I’m

perfectly capable

of taking care of

myself—on a level

playing field. The

problem here is that

this field isn’t level.

To-Wit: Contempt of Counsel

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candor with the tribunal.” Since he had not previouslyused it, I got out my checklist of intemperate remarks andcrossed it off, noting with some small measure of relief thathe was very quickly running out of fresh, new slurs.

It isn’t so much that his rulings have consistently goneagainst me, no. That’s life in the law and I can deal withthat. And it isn’t because his rulings fly in the face ofclearly established precedent either. Rather it’s all thoseprofessionally insulting remarks, those wholly unwarranted,vituperative phrases that this unaccountably intemperatejudge has thrown around with malice, tidy little venomousexpressions like “dilatory” and “lack of candor” that rip andtear at the licensed flesh and, when they make their wayinto the everlasting print of an opinion, leave permanent,cavernous wounds in their wake. That’s what’s reallyscorched my marshmallows.

When it comes to verbal warfare, I’m perfectly capable oftaking care of myself—on a level playing field. The problemhere is that this field isn’t level. While there’s a stringentcode of conduct that mandates courtesy from counsel tocourt at all times and in all ways, the import of which issanctified by the punishing power of contempt, there isreally no meaningful corresponding restraint which governsthe way judges speak to counsel. Oh sure, there’s the Codeof Judicial Conduct, but let’s get real here. It’s administered

by the judges themselves, and while many of them mightnever say “shut up” to counsel, none of them would say“shut up” to a fellow jurist. Accordingly, that Code has allthe stopping power of a squirt gun.

No, we lawyers need to deal with the problem ourselves.To that end, I propose that our bar association establish aCommittee on Comity, comprised of volunteer colleaguesto deal with such instances of judicial abuse and to issuesanctions if and when appropriate. If you’re interested toserve, send me an application, your c.v. and a statementfrom your mental health care provider certifying that you’remad as hell and you’re not going to take it anymore.

Let me assure you that this is not personal with me, butrather purely a professional matter, as it must also be foryou. It is critical that we remain above the fray at all times,not only because it’s the professional thing to do, but alsobecause up there in fair play heaven we’re far less likely tobump into His Honor or another one of his intemperate ilk.

I have another argument scheduled before His Honornext month, and I expect more of the same. But I’ll hang inthere, knowing that one day soon I’ll be able to stare directlyinto his dark, shrouded eyes and say, “(O)ne more commentlike that, Your Honor, and I’ll cite you for contempt.”

Oh, oh, oh, oh, oh, but trust me, it’s nothing personal. �© 2011, S. Sponte, Esq.

10 • sidebar DECEMBER 2011

To-Wit: Contempt of Counsel continued from page 9

Of thirty-four cases listed forthe November 2011 CivilJury Trial Term, ten settled,

twenty were continued, and one wastransferred to binding arbitration.There was one civil jury trial speciallyset in October and there were threecivil jury trials during the November2011 civil trial term.

KEVIN T. MIYAMOTO

V.

HEARTLAND EXPRESS INC. OF

IOWAAND JACK KYTTLE, SR.

NO. 2469 OF 2009

Cause of Action: Negligence—Personal Injury—Automobile Accident

On March 18, 2007, Plaintiff wasdriving in the westbound lane of StateRoute 70 in South HuntingdonTownship when a large slab of icedislodged from the roof of a tractor-trailer truck owned by DefendantHeartland Express and operated byDefendant Jack Kyttle. The slab ofice struck and shattered the front wind-shield of Plaintiff ’s vehicle, causing iceand glass to hit the Plaintiff, cutting hisface, eyes, upper body and arms, andcausing injury to his right shoulder.

Passing motorists called 911 toreport the incident and identified theDefendants’ truck as the offendingvehicle. Section 3720 of thePennsylvania Motor Vehicle Code,75 P.S. § 3720, provides that a finemay be imposed on the operator ofa motor vehicle who causes seriousbodily injury or death when snow orice dislodges from his moving vehicleand strikes another. Defendant was notcited for violating this code. At trial,liability was not in dispute.

As a result of Plaintiff ’s injuries,Plaintiff received both emergencyroom and follow-up medical treatmentand has facial scarring that he allegedis permanent in nature.

LEVI WRIGHT

V.

MANOR HOUSE KITCHENS, INC.

NO. 1220 OF 2009

Cause of Action: Negligence—Personal Injury—Premises Liability

On September 22, 2007,while Plaintiff was shopping atthe Defendant’s outlet store, a storeemployee offered Plaintiff a seat in aplastic resin chair that was seated ona tile floor. Plaintiff was 6'6" tall andweighed 400-450 pounds. Plaintiffsat in the chair for approximatelythirty minutes, but when he leanedbackwards on the two back legs ofthe chair, the chair collapsed andbroke and Plaintiff fell to the floor.

As a result of the fall, Plaintiffalleged that he sustained injuries tohis neck and back, and experiencednumbness in his hands. He was treatedby a chiropractor.

Plaintiff alleged that the chairwas in an unsafe, dangerous and/ordefective condition, and thatDefendant knew or, in the exercise ofreasonable care, should have knownthat the chair was defective.

Plaintiff introduced testimonyfrom the treating chiropractor at trial.Defendant offered testimony froma physician who conducted anindependent medical examinationof Plaintiff.Plaintiff ’s Counsel: Justin R. Lewis,

Law Offices of Justin R. Lewis, PLLC,Pgh.Defendant’s Counsel: Brian J. Smith,

Dell, Moser, Lane & Loughney, LLC,Pgh.Trial Judge: The Hon. Richard E.

McCormick, Jr.Result: Verdict in favor of Defendant.

The jury found that Defendant wasnot negligent and entered a unanimousverdict in favor of Defendant.

Plaintiff ’s Counsel: TimothyConboy, Caroselli Beachler McTiernan& Conboy, Pgh.Defendants’ Counsel: Gary Scoulos,

Meyer Darragh Buckler Bebenek &Eck PLLC, Pgh.Trial Judge: The Hon. Richard E.

McCormick, Jr.Result: Verdict in favor of Plaintiff

in the amount of $5,000.

DECEMBER 2011 sidebar • 11

November 2011 Civil Trial Term

Jury Trial Verdictsby Beth Orbison, Esq., Thomas L. Jones, Esq., and Monique J. Lafontant Mears, Esq.

Don’t forget! Pa.R.D.E. Rule219(d)(1)(ii) requires thatevery attorney shall providehis or her current office andresidence address, each ofwhich shall be an actual streetaddress or rural box number, tothe Disciplinary Board. Allchanges in address must bereported to the AttorneyRegistrar within thirty (30)days after such change.

Be sure to inform the WBAas well, so you don’t miss anyimportant mail or e-mailcommunications.

on the move?

continued on page 12

JOHN M. LEONARD, EXECUTOR OF THE

ESTATE OF DOROTHY J. LEONARD, DECEASED

V.

GEORGE R. BOU SAMRA, M.D.,

WESTMORELAND COUNTY CARDIOLOGY, INC., A

PROFESSIONAL CORPORATION, WESTMORELAND

REGIONAL HOSPITAL, A CORPORATION,

AND EXCELA HEALTH, A CORPORATION

NO. 12363 OF 2008

Cause of Action: Professional Negligence—Medical Malpractice

On October 31, 2007, Defendant Dr. Bou Samraperformed angioplasty on Dorothy Leonard’s lower leftleg. Following surgery, Dorothy suffered the onset of retro-peritoneal hemorrhaging (“RPH”), or internal bleeding, inthe abdominal cavity. Early the next day on November 1,2007, a responding intensive care physician ordered thata CT scan be performed, which confirmed a massiveretroperitoneal hematoma. Dorothy was transferred tothe hospital’s critical care unit. After suffering excruciatingpain and several cardiac arrests, Dorothy died later that day.At the time of her death, Dorothy was obese and sufferedfrom diabetes, kidney, and cardiac diseases.

Plaintiffs contend that Defendant Doctor knew orshould have known that RPH is the most common seriouscomplication of a vascular procedure like the angioplastyDorothy Leonard underwent. Also, the type of angioplastyperformed by the Defendant elevated the risk of RPH dueto the increased difficulty in properly accessing the femoralartery below the abdominal cavity. Plaintiffs also maintainthat no effort was made by any nurses, agents, and/oremployees of Defendant Westmoreland Regional Hospital/

Excela Health to notify any designated interventionalcardiologist of Dorothy’s change in condition at or aroundthe time she was transferred to the critical care unit afterthe angioplasty procedure. Defendants presented expertmedical testimony that the care and treatment theyprovided Dorothy Leonard was within the applicablestandard of medical care.Plaintiff ’s Counsel: Todd R. Brown, Meyers Giuffre Evans

& Schwarzwaelder, LLC, Pgh.Defendant Dr. Bou Samra’s Counsel: Lynn E. Bell, Davies

McFarland & Carroll, P.C., Pgh.Defendant Excela Health/Westmoreland Regional Hospital’s

Counsel: Linton L. Moyer, Thomson, Rhodes & Cowie,P.C., Pgh.Trial Judge: The Hon. Gary P. CarusoResult: Verdict in favor of Defendant Dr. Bou Samra

and against Plaintiff. The jury found that DefendantWestmoreland Regional Hospital/Excela Health wasnegligent but there was no causal connection between itsnegligence and any harm to the deceased Plaintiff.

SHELDON R. BARKER AND FRANCESCA

BARKER, HIS WIFE, INDIVIDUALLY, AND

SHELDON R. BARKER, AS EXECUTOR FOR

THE ESTATE OF WILLIAM D. BARKER

V.

GERARD D. WHITNEY

NO. 4369 OF 2010

Cause of Action: Breach of Contract—Real Property

Defendant entered into various agreements with thePlaintiffs for the purpose of purchasing property theyowned in North Huntingdon. The total purchase pricewas approximately $140,000.00. Plaintiffs allege thatDefendant failed to make various payments to themunder the contracts, addenda and Note and claim thatDefendant caused damage to the home while he was inpossession of it. Plaintiffs sought monetary compensationfrom Defendant.

The Defendant denied Plaintiffs’ allegations and filed acounterclaim alleging that the agreements were not valid,and that Defendant signed some of the documents underduress. He further claimed that he repaired numerousdefects in the home, and that he should be compensatedfor renovations and improvements.Plaintiffs’ Counsel: Timothy Lijewski, Pgh.Defendant’s Counsel: Donald R. Rigone, Gbg.Trial Judge: The Hon. Anthony G. MarsiliResult:Molded verdict in favor of Defendant/

Counterclaim Plaintiff in the amount of $3,959.00. Thejury unanimously found in favor of Plaintiffs in the amountof $4,141.00 and in favor of Defendant/CounterclaimPlaintiff in the amount of $8,100.00. �

12 • sidebar DECEMBER 2011

Jury Trial Verdicts continued from page 11

BOOKS WANTED Don’t let your recent best-sellers or classicbooks collect dust—donate them to a good cause. The MountPleasant Junior/Senior High School library is in need ofrecent best-sellers or classics in almost any condition. Bookscan be dropped off at the school or at WBA Headquarters.Donors’ names will be affixed to the inside of the book cover.If you don’t have any books to donate, please consider afinancial contribution. For more information, contact MaureenGrace at mgrace@mpasd.net.

OFFICE SPACE AVAILABLE with office support, S. Greensburg.Fax, conference room. Rent negotiable depending uponcircumstances. Contact Jeff Burzawa at 724-858-8738.

Lawyers’ Exchange(Free to all members of the WBA)

Editor’s note: Author and lecturer ShaneWinesap is a fellow at the GrapevilleInstitute for World Peace through Law.His latest book, “Why Jurors Dress theWay They Do,” will be published in May.

I don’t know how they did it,”Alvin Doran said as he drew onhis cigarette and shook his head.

His secretary, Ellie Malone, lookedback in surprise to the man she hadworked for over the past twelve years.“Why should you be upset over averdict acquitting not only yourclient, but a man who is also yourwife’s cousin?”

“Because the case was a sure loser,”he replied. “And there was somethingstrange about that jury.”

We can imagine such a conversationafter looking at the records and thetranscript in the clerk’s office, where,in the Court of Oyer and Terminer, atNo. 165 April Term 1943, OttoNonebetter had been indicted andtried for hoarding gasoline, violatingthe rationing laws, and abetting theblack market. We also know fromcourthouse lore that Alvin Doran,a lawyer with over 20 years ofexperience, and Clarence Peck, theassistant district attorney, agreed tosave some time by simply seating thefirst twelve jurors called—a practicefrequently used by Doran when repre-senting a non-fee-paying member ofhis wife’s extended and dysfunctionalfamily. These were federal chargestransferred from the district court,which was often done in lesser casesto thin the district court’s docket.

HOW THINGS WENT DOWNHILL

The authorities took interest basedon a report from a local Plymouthdealer who had sold Otto Nonebetter a1936 Plymouth coupe in January withonly 10,000 miles on the odometer.The dealer became suspicious when

contingency plans for an Americanfront. Such a possibility was notruled out here, and the JeannetteSportsmen’s Club initiated a programinstructing its members on how to fireon descending paratroopers. When,in 1942, British air raids crippledthe German glass industry, Germanhausfraus took to the streets, distraughtover their inability to purchase milkglass pitchers, bowls, and salt shakers.The rumpus caused by these broad-shouldered women so harassedGoebbels, the Nazi propaganda chief,that the timetable for operation“Vestmoreland Vare” was pushed up andgiven top priority. They would alerttheir mole on his next visit to NewYork; the women of the Third Reichwould get their milk glass!

A DARING PLOT

The bell rang as Otto openedthe door to Vera’s Victorious Violinson 123rd Street. “Which one of theMarx brothers plays the violin?” hesaid to a square-jawed woman behindthe counter.

“You can bet it ain’t Harpo,” Verasaid back, giving the countersign.

On his drive home, which, as amatter of fact, was mostly downhill,Otto concluded that an airborneattack on Jeannette would be toocostly because of the well trainedhunters. So, at a drop in a Wilkes-Barre bowling alley, he sent wordback that the airborne infiltrationshould be directed at Kecksburg,where residents had little reasonto look up into the night sky.

As always, Otto’s information washighly prized in Berlin. But beforethey could proceed, horrible newscame back across the Atlantic: Ottohad been arrested, and if convicted,would likely be confined in theWestmoreland County jail. Yes, he

the car was brought back for servicethree months later with 26,500 mileson it. The black and white “A” stickeron the car’s window allowed Otto onlyfour gallons of gas a week. He wasn’t adoctor or a defense plant worker, whowith a “B” or “C” label could buygreater amounts; he repaired violins inthe basement of his home on AlwineAvenue. Investigators also learned thatOtto was driving to New York City, atleast weekly, with an odd trip toBuffalo thrown in from time totime—on four gallons a week?

It was all a matter of physics, Ottotold his pro bono family counselorand later the jury. “In planning theseoutings, I only took routes which wereall downhill.” Little did the shockedcourtroom participants know that thesurprising verdict came from Berlin.

Even before the start of the war,the Nazi High Command had drawn

DECEMBER 2011 sidebar • 13

Westmoreland Revisited

Blitzkriegby Shane Winesap

�

Judge Ackerman greets the author at a2009 social event.

continued on page 14

LawSpeak“There is no man so good,who, were he to submit allhis thoughts and actions tothe laws, would not deservehanging ten times in his life.”

— Michael de Montaigne(1533-1592), Essays,Book iii, Chap. ix

had supposedly capable representation,even if it was from a family member,and this was not the type of case thatusually brought jail time for a firstoffender; but the judge, who was notknown for his leniency even in quiettimes, was a veteran of the first warand had a son who was flying a B-17out of England. Their man on theground must be acquitted before theoperation could proceed.

Alvin Doran had been puzzled as towhy Otto, who was free on bail, wasso insistent upon seeing the jury list assoon as it was published, but he lethim have it as soon as it came out.Otto spent the night copying it andthen took the copy on one of his“outings,” along with the form he hadreceived calling him to jury duty theyear before.

THE KECKSBURG INCIDENT

On a moonless November night,seventy-five paratroopers, all capableof speaking passable English, driftedthrough the cold air above Kecksburg.Fifty of them—thirty-five men andfifteen women—carried forged jurysummons in their backpacks. Theothers carried what would pass foruniforms worn by mail carriers. Thislatter group spread out throughoutthe county in order to present“special delivery letters from the jurycommissioners” telling the recipientsthat because of a change in the courtdocket their presence in Greensburgthe following day was no longerneeded.

As the jurors were seated, Alvinthought they were the most sombergroup he had ever seen in a courtroom.But there was no defense, so whatdifference would that make? The jurorsall rose to the tipstave’s cry when thejudge entered, and two jurors in thefront row shot their right arms out at aforty-five degree angle, and then, look-ing sheepishly at one another, began towiggle their fingers and withdraw theirarms in a mock wave to his honor.

courtroom is still there, the jurycommissioners’ office now has a systemwhere jurors can call in to see if theyare still needed, and the three minutenot guilty verdict is still a record, and alocal joke about juror efficiency.

As for Alvin Doran, a few roughyears would follow; there were somesnide comments that he had beensomehow complicit in packing Otto’sjury and his practice suffered. Hepersevered. He took each day as itcame, and was a model of civilityto his clients, the court, and hiscolleagues. Over time, he was againheld in esteem, even by his wife’sfamily. He never sought the bench orany other office, but was content inbeing a general practitioner who triedsome cases when necessary. And whenhe did try a case, he put great stock invoir dire. �

SOURCES— Albert, George Dallas, Jr. Spies of

Westmoreland and Fayette Counties.Gunsel Publishing, 1957.

— Assauge, Julian. “Napkin Diagramsand Notes, U.S. State Dept.Cafeteria: 1938-1942.” Nov. 2011.<http://www.wiki.locks_:)_trash-bin#2/no_plastic/2ply_ gladbags.htlm>.

— Goebbels, Joseph Paul. How I SpentMy Summer Vacation. VorsciessenRasenmaher, 1944.

— Hubee, Alice. “The Place of MilkGlass in Western Civilization.” Dec.2011. <http://www.pots&stuff/british_museum/cows/sand/heat-history.htlm>.

— “Manual for Postal Service MailCarriers.” U.S. Postal Service. Nov.2011.<http://www.gonepostal/wind/rain_sleet_hail-formes/edu.htlm.

— Joint Pamphlet No.4689 U.S. Depts.Defense/Interior. “Gas Rationing:Frequently Asked Questions.” Nov.2011. <http://www.us.gov./whyme?_plymouth/we_arethemen_fromTexaco/hmlt.

— Pa.R.Crim.P. 632-635.— Zurn, Hilda, Jury Commissioner

Archives Clerk. Interview, Dec. 2011.

It was the shortest deliberationanyone could remember. The minuteclerk dutifully noted that the jurybegan its deliberations at 4:01 p.m.,and returned a verdict at 4:04, andthat included the time it took to leavethe courtroom and come back. Thejudge was speechless: no avuncularcomments were made praising com-mitment to civic duty, he just waivedhis hand and pointed to the jury roomand they understood that they wereexcused. Back in chambers the judgehad second thoughts as he slipped outof his robe and into his suit coat.Perhaps he had been too brusque, andthese people, no matter how bewilder-ing their verdict, still could exercise thefranchise. So he would engage in hisusual post-trial schmoozing of the jury.As he pushed open the door to thejury room at 4:07, to his amazementhe found the room empty.

At that time, they were not evenlikely within the city limits. They hadplanned to quickly disperse in separategroups no larger than three and toblend into the countryside in differentdirections. Three weeks later, two wereapprehended in Lawrence, Kansas. Onewas shot in a grocery store robbery inSteubenville, and all but four would beapprehended and brought to justice.In 1988, a dying postal service workerin Dayton admitted to being one ofthe airborne mail carriers.

Nor, after the verdict, was Ottoever seen again on Alwine Avenue. Forseveral years that followed, there wererumors of purported sightings. He wasin the string section of the AltoonaSymphony; he was a beer vendor atForbes Field; he was a foreman at aSomerset County pretzel factory.None of the sightings had any basis.

GONE, BUT NOT FORGOTTEN?

Because of setbacks on the easternfront, Operation “VestmorelandVare” was abandoned, and with thejubilation of the Allied victory, OttoNonebetter was soon forgotten. The

14 • sidebar DECEMBER 2011

Blitzkrieg continued from page 13

Actions ofthe BoardSEPTEMBER 21, 2011• Distributed and reviewed

accountant’s 2010 review ofWBA accounts.

• Agreed to invite the PBA president orPBA E.D. to attend the January 2012quarterly meeting to discuss PBAbenefits with membership.

• Agreed to contribute $2,500 to thePBA PAC, as budgeted.

• Agreed that President Stewart wouldspeak with the judges to determine ifa bar leaders/judges meeting shouldbe set for 2011.

• Agreed to have a conference call withthe Dauphin County law clerk andWBA board to learn how Orphans’Court Monitoring Project works inDauphin County.

• Agreed to look at existing advertising/sponsorship policy and developspecific parameters for how tohandle requests for sponsorshipof local events.

• Agreed to advertise Judge Driscoll’saward dinner for the DistinguishedCitizen of the Year awarded bythe Boy Scouts in upcoming WBAcorrespondence and to send arepresentative from the board. �

OCTOBER 19, 2011• Accepted Membership Committee

recommendations: Allison Thiel andJ. Alan Manderino, participating.

• Agreed to liquidate CD at S&T Bank.• Voted to increase membership dues

by $10, which is the amount thatPBA is increasing their 2012 dues.The WBA portion will not increase.

• Reappointed Chuck Wade to athree-year term on LLS board.

• Agreed to send second letter toLRS panel attorneys who have notsubmitted reports and paymentsowed to the WBA.

• Agreed to invite Fee DisputeCommittee Chair Harvey Zalevskyto the November board meeting todiscuss the Client Security Fund’srequest that fee dispute paneldecisions be shared with theClient Security Fund.

DECEMBER 2011 sidebar • 15

NED J. NAKLES, JR. NAKLES and NAKLES724-539-1291 www.nakles.com

Million Dollar Advocates ForumAmerican College of Trial Lawyers(Inducted in London, England, 2007)

Westmoreland Academy of Trial LawyersBest Lawyers in America

Pennsylvania Super LawyersPittsburgh Magazine: Best Trial Lawyers

in Westmoreland CountyPhiladelphia Magazine: Top Attorneys

in Pennsylvania

I would be happy to accept referrals on PersonalInjury and Wrongful Death cases. Reasonablereferral fees are paid in accordance with the Code ofProfessional Responsibility.

Can’t wait to readthe sidebar? We can

e-mail it to you.Be among the first to receivenew issues of the sidebarwhen you sign up for e-maildelivery. Send an e-mail tosusan.zellner@westbar.organd ask to subscribe to thee-sidebar. When a new issue ispublished, you will receive aPDF via e-mail immediately.

PRESORTEDSTANDARD

U.S. POSTAGE

PAIDGREENSBURG, PA

PERMIT #678

26 WBA Quarterly Meeting withCLE (details TBA)

FEBRUARY

9 Membership Committee, Noon

15 Board Meeting, 4 p.m.

20 Courthouse closed in observanceof Presidents Day

21 Family Law Committee, Noon

JANUARY

2 Courthouse closed in observanceof New Year’s Day

11 Real Estate Committee, Noon

12 Membership Committee, Noon

16 Courthouse closed in observanceof Martin Luther King, Jr., Day

17 Family Law Committee, Noon

18 Board Meeting, 4 p.m.

C A L E N D A R O F E V E N T S

All committee meetings and activities will be held at the WBA Headquartersunless otherwise noted. Visit www.westbar.org for more information

about activities and CLE courses, or to register online.

www.facebook.com/westbar

L A W Y E R SC O N C E R N E DF O R L A W Y E R SC O R N E R

• The 12-step recoverymeeting, exclusively forlawyers and judges, is indowntown Pittsburgh everyThursday at 5:15 p.m. Forthe exact location, callPennsylvania LawyersConcerned for Lawyers at1-800-335-2572.

• LCL has a new website atwww.lclpa.org. Attorneysand judges will find informa-tion on how LCL can helpthem, a member of theirfamily or a colleague whomay be in distress. It isconfidential and easy tonavigate. Visit it today.

• Lawyers ConfidentialHelp Line: 1-888-999-1941.Operates 24 hours a day.

125CELEBRATING

YEARS OF EXCELLENCE

1886 2011

129 North Pennsylvania AvenueGreensburg, PA 15601-2311

www.westbar.org

January 26, 2012: WBAQuarterly Meeting withCLE (details TBA)

save the date!

Join the Lawyer ReferralService of the

Westmoreland BarAssociation, where

every appointment andevery handshake canlead to more clients.

Lawyer Referral Service of theWestmoreland Bar Association

The Lawyer Referral Service isaccepting applications from

WBA members for 2012. Call724-834-6730 for more info.

Who: Westmoreland Bar Association MembersWhat: WBA Winter Quarterly MeetingWhen: Thursday, January 26, 2012, from 4 to 5 p.m.Where: Greensburg Garden & Civic CenterTopic: Sex with Clients: Honor in the Profession

All WBA members who attend will receive 1 FREE ethicsCLE credit. A complimentary reception immediately follows at 5 p.m.

COURSE DESCRIPTION“Sex with Clients” is about honor in the profession. The lurid title is meant to attractlawyers’ attention to the notion that the personal interest of the lawyer can create aconflict of interest, even when the personal relationship with a client is somewhat shortof sex. We will discuss the genesis and effect of Pennsylvania’s new rules of conductconcerning a lawyer’s romance with a client.

Q U A R T E R L Y M E E T I N G

W E S T M O R E L A N D B A R A S S O C I A T I O N

W I N T E R 2 0 1 2

T H U R S D A Y , J A N U A R Y 2 6 , 2 0 1 2G R E E N S B U R G G A R D E N & C I V I C C E N T E R

Name _____________________________________________________________________

Cost to attend: FREE for WBA members. All WBA members who attend the CLEwill receive 1 FREE ethics credit.

�� I will attend the meeting and would like CLE credit.

�� I will attend the meeting but would NOT like CLE credit.

�� I will attend the complimentary reception honoring Judge Kelley at 5 p.m.

Complete and return by Friday, January 20, 2012

Send to:Westmoreland Bar Association129 N Pennsylvania AveGreensburg PA 15601-2311

Fax: 724.834.6855

E-mail: westbar.org@westbar.org

Register online atwww.westbar.org

[Please detach and send the portion below to the WBA office, or register online at www.westbar.org.]

GUEST SPEAKER

Mark D. Yochum

Professor of Law,Duquesne UniversitySchool of Law

Mark D. Yochum is a Professor of Lawat Duquesne University School of Law,specializing in tax issues, bankruptcy,and professional responsibility. He is agraduate of Carnegie-Mellon Universityand Georgetown University Law Center.Professor Yochum has written and lectured extensively on federal criminaltax issues and tax lawyer’s ethics, aswell as ethical problems in bankruptcy.He has served as the Law School’scoordinator for participation inContinuing Legal Education since 1990,and also provides legal counsel to theSmall Business Development Center.Professor Yochum formerly served asPresident of the Pittsburgh Tax Club,and has been a regular lecturer for the Allegheny County Bar AssociationTaxation and Bankruptcy sections, aswell as other professional organizationsin the region.

FREE! 1 ethics CLEcredit for all WBAmembers whoattend.

Q U A R T E R L Y M E E T I N G

W E S T M O R E L A N D B A R A S S O C I A T I O N

W I N T E R 2 0 1 2

PLEASE JOIN US IMMEDIATELYFOLLOWING THE SEMINAR FOR

A RECEPTION HONORING

Judge James R. KelleyON THE OCCASION OF HIS

RETIREMENT.

The Hon. James R. Kelley retired from the Commonwealth Court in December 2011 after more than 20 years on the bench.

Complimentary refreshments will be served.

Join us for Adventures of the Heart at the WBANight at the

SymphonySaturday, February 4, 2012

The WBA invites you to bring your favorite date to the Westmoreland Symphony on Saturday, February 4, for a Valentine-themed concert.Tickets for WBA members are BUY ONE, GETONE FREE. Prices range from $19 to $39 each,with $27 being the best value.

Call the Westmoreland Symphony office at 724-837-1850 to purchaseyour tickets. Be sure to identify yourself as a WBA member to get the special offer.

Following the concert, join us for a complimentarydrink for you and your guest at the Rialto Cafe.

Saturday, February 4, 20128:00 p.m.Palace Theatre, Greensburg

The Program:Kernis: Musica CelestisMozart: Violin Concerto No. 5 with soloist

Noé Inui, violinBeethoven: Symphony No. 2 in D

WBA members are also invited to attend a pre-concert lecture beginning at 7 p.m. with Conductor Daniel Meyer and Soloist Noé Inui.

Musical Director Daniel Meyer Guest Soloist Noé Inui