THE NEWSLETTER OF THE WESTMORELAND BAR ASSOCIATION VOLUME XVI, NUMBER 3 MAY–JUNE 2004 IN THIS ISSUE 2 President’s Message 11 Jury Trial Verdicts 7 Spotlight on Dan Joseph 5 Dicta 15 Practice Tips 17 Law Day 2004 the side bar Candid Camera: 2004 Bench/Bar Conference “You know, life can be good,” thinks Bob, as those age-old feelings of inadequacy, for the moment, just slip away. ▲ ▲ “Hot damn,” thinks Dick, “only 200 more tickets, and that beautiful, life- size, stuffed Gwyneth Paltrow doll is all mine.” Put Jim anywheres near a campfire and, by God, he can’t resist a good old Apache war chant. ▲ “Judge, I assure you, buying our set of books will do wonders for your reversal rate.” ▲ Though their professional partnership ended years ago, it’s clear that these old pals are still partners at heart. ▲ ▲ “Now concentrate, concentrate, and try to give me the correct spelling of your last name one more time.” “Is that a nipple ring or are you just happy to see me?” ▲
Transcript
THE NEWSLETTER OF THEWESTMORELAND BAR ASSOCIATION
VOLUME XVI, NUMBER 3MAY–JUNE 2004
INTHISISSUE 2 President’s
Message 11 JuryTrialVerdicts7 Spotlight
on DanJoseph5 Dicta 15 Practice
Tips 17 LawDay2004
thesidebar
CandidCamera: 2004 Bench/Bar Conference
“You know, life can be good,”thinks Bob, as those age-oldfeelings of inadequacy, forthe moment, just slip away.
▲
▲
“Hot damn,” thinks Dick,“only 200 more tickets,and that beautiful, life-size, stuffed GwynethPaltrow doll is all mine.”
Put Jim anywheres neara campfire and, by God,he can’t resist a goodold Apache war chant.
▲
“Judge, I assureyou, buying our
set of books willdo wonders for
your reversal rate.”
▲
Though their professionalpartnership ended years ago,it’s clear that these old palsare still partners at heart.
▲
▲
“Now concentrate, concentrate, andtry to give me the correct spelling of
your last name one more time.”
“Is that a nipple ring or areyou just happy to see me?”
▲
This year makes 30 that I am alawyer; more than half my life.Graduating not last in my
class, from the night division atDuquesne, remains the educationalhigh-water mark in my family,
replacing my gettingadmitted in the firstplace. For a long timebeing a lawyer wasjust a job, albeit one I was glad to have seeing as how it took20 years to pay off mystudent loans. I canremember when I first
joined our firm, Mr. Belden wouldinsist that we all attend the Bar meetings and, especially, the annualMemorial Service. The point eludedme entirely. What a waste of time itseemed, sitting in a stuffy courtroom,on a nice May morning, listening tostories about lawyers I hardly knew,told by lawyers I hardly knew. Not getting paid only made it seem evenmore pointless. I just couldn’t see howit related to the job.
Over the years, I’ve had the privilegeof meeting people for whom being alawyer is much more than a job,lawyers who aspire to excellence andwho believe good lawyers are amongthe most important components of ourworld. And as I’ve continued to attendthe Memorial Services each year, nowby choice, I have come to firmlybelieve that those who see ours as anoble and time-honored professionhave it right. Of course we’re proud of the best of us, the stars of our profession. But every year, without fail,I learn something about the rest of us,the foot soldiers of the profession, thatmakes me proud to be a lawyer. WhenI hear of all the work lawyers have
Recently I was invited to meet with the Board of the County MedicalSociety to explore what we can doimprove relations between our professions. I told them that I am asappalled by the television ads trollingfor victims as they must be by the hairtransplant and breast enlargementguys. We, and they, have been diminished in the eyes of the public bytasteless and insensitive advertising byour respective members for too long.Why we’ve remained silent, in the faceof what so many of us have found soobjectionable for so long, is a mysteryto me. Those whose actions diminishwhat we’ve spent our entire adult livesbuilding do not speak for us and arenot our friends.
In a few weeks the Medical Societyand Westmoreland Bar Boards plan tomeet, perhaps for the first time ever, toexplore our common interests. We’vetalked about having a social eventtogether at which our respective memberships might share an eveningand maybe begin to find ways to cooperate for our mutual benefit.Perhaps some sort of joint resolutionconcerning our common interestsmight be possible. It may not be easyat first but we both have so much togain and little to lose. I hope you’llsupport us by your presence and participation. We aren’t likely tochange the rest of the world but we have the ability, if we choose toexercise it, to influence how we liveand work and the degree to which we are respected in our own community. Together, we can make a difference.
done for people and causes, withoutexpectation of payment, and withoutfanfare, I am proud. And I’m proudwhen I hear stories of the zeal withwhich some have pursued the causes oftheir clients in the face of hostility andmisunderstanding, sometimes evenfrom we who should know better. And I had tears in my eyes when Iheard the story about the lawyer who,upon learning that the woman whowas crying outside the sheriff ’s office, a total stranger, was about to lose herhome, went back in and paid her taxes himself.
You know, as well as I, that storieslike these can be told about nearlyevery one of us. And you don’t needme to tell you that lawyers, althoughnot always loved perhaps, have beenadmired and respected for centuries.Most of us, most of the time, spendour time trying to help people makethe best of bad situations, counselingpeople who have suffered one of life’smany misfortunes or simply made ahash of their lives. You’d think we’dfeel pretty proud but mostly we don’t.It’s time we changed that.
Recently, I’ve had occasion to talkwith doctors, members of that othertime-honored and noble profession,who also spend their time helping victims of the misfortunes of life ortheir own stupidity. In fact, we andthey tend to the same constituency,and each other. Like us, they feelthreatened and unappreciated and lessgood about their place in the worldthan they’d ever have imagined. Weand they have so much in commonand yet we’ve allowed ourselves tobecome enemies, attacking each other,pulling each other down in the eyes ofthe public and in our own. It’s time wechanged that, too.
2 • sidebar MAY–JUNE 2004
President’s Message
Together,We Can Make A Difference
by Robert I. Johnston, Esq.
by Dr. Susan Mitchell Sommers, Chair,and John N. Scales, Esq., Secretary,Westmoreland County CourthouseCentennial Committee
The 100th anniversary of thecompletion and dedication ofthe Westmoreland County
Courthouse will be celebrated in2007. Since 2002 a special committeeknown as the Westmoreland CountyCourthouse Centennial Committeehas been planning a number of eventsto celebrate the 100th anniversary.
Those plans include the following:• A large beautiful book filled with
outstanding photographsand numerous chapters
celebrating anddescribing the historyof the courthouse,
the legal andsocial climate100 years ago,the design andconstructionof what is one
of the most beautiful courthousesin the United States, the changingrole of Judges over time, and significant events involving ourCourthouse.
• An academic conference on “TheAmerican Courthouse” sponsoredby local colleges and universities.
• A Gala/Dinner Dance to concludethe celebration.The Centennial Committee is very
diverse and experienced. Committeemembers include:• Thomas G. Balya• Joseph Benkovich• Dr. Michael Cary, Co-Editor • Peter P. Cecconi, Jr., Logo • Thomas C. Ceraso
beauty of the Courthouse, how itdominates the Greensburg skyline, rising some 175 feet above MainStreet with the Italian Renaissance-style dome being visible from nearlyevery entrance to the City ofGreensburg. The present Courthouseis the fourth Courthouse at this location, the first being erected in1787. Not surprisingly, the buildingof the Courthouse was controversialand involved legal action which willbe discussed in detail in the book.
A major portion of the CentennialBook will be devoted to the contribu-tions made by the many Italian immi-grant craftsmen who worked on theCourthouse and handled the stoneand marble work, as well as the deco-rative plaster and the mosaic decora-tions. Many of those individuals wererecruited in Italy and from New YorkCity. A very large number of present
• Dr. Timothy Kelly, Co-Editor • Fr. Rene Kollar• Ted Kopas • Dr. Daniel Krezenski • Don Lettrich • John Scales, Esq., Secretary • Helene Smith • Dr. Susan Mitchell Sommers, Chair • Mark L. Sorice, Esq. • Dr. John Spurlock • James Steeley • Mel Wohlgemuth
A great deal of material has alreadybeen collected including the old original blueprints of the Courthousedated in 1901. An article concerningWilliam Kaufmann, the original architect, has been completed.
Attorney Mark Sorice has takenabsolutely sensational photographs of the Courthouse and particularlybeautiful shots of the inside of theCourthouse. The book which is goingto be produced will emphasize the
MAY–JUNE 2004 sidebar • 3
the sidebar is published as a service to Bar Association members by the Westmoreland Bar Association, 129 North Pennsylvania Avenue, Greensburg, PA 15601-2311, 724-834-6730, Fax 724-834-6855
David J. Millstein, Editor Beth Orbison, Associate Editor Susan C. Zellner, Associate Editor Diane Krivoniak, Managing Editor Barbara J. Artuso, Practice Tips Editor
thesidebar
Courthouse to Celebrate 100th Birthday in 2007
continued on page 4
▲
This postcard from 1906 shows the Courthouse under construction. (From the collectionof P. Louis DeRose, Esq.)
4 • sidebar MAY–JUNE 2004
Stressed Out?by Daniel J. Ackerman, President Judge
It is a common lament that our profession is becoming moredemanding and stressful, producing a longing for simpler times. We are not the first generation to feel this way. I am currently
reading an autobiography, “Thomas Mellon and His Times.” Theauthor is the founder of the Mellon banking interests who was raised in Murrysville and, after a busy career at the bar, served as a judge onthe Court of Common Pleas of Allegheny County from 1859 to 1869.He wrote:
I pity the condition of the lawyer with perhapstwo or three cases on the same day’s list in eachof several courts. His attention is divided and distracted with clients waiting and impatient ofdelay. Whilst his whole mind is absorbed in thetrial of one case, he is given no opportunity tostudy or prepare for the next that may come up;yet each of his clients expects him to be ready,and to know every circumstance regarding it,and to be familiar with what each witness isexpected to say, and to have them called in theirproper order. Not only this, but he is generallyexpected also to give particular directions as to
the witnesses to be subpoenaed and the time for their attendance.It is this king of annoying irritation that strikes in and affectshealth, and drags the lawyer down, especially if he is of anearnest, painstaking temperament, and anxious to do his full dutyto every client. It was to escape this condition that I had sought thejudicial office, and found in it all the relief I had expected.
He did escape this condition on the Allegheny County bench wherehe presided from ten o’clock a.m. to three o’clock. However, he notes:
In Westmoreland County, one of the largest counties if not altogether the largest in the state, with a very numerous farmingand manufacturing population and much litigation, my friendJudge Hunter holds court from half past eight a.m. till about sixp.m., with but the usual recess of an hour at noon. The greaterlabor of judges in rural districts results in a measure from thegreater intelligence and jealousy of farmers and property holdersand other direct taxpayers of their rights, and of the services performed by public servants for their salaries. A judge who wouldshorten the daily sessions of his court in a country district from tentill three o’clock would excite an immediate storm of indignation,whilst in the city no attention is paid to the matter.
So it appears that stress and tension have always been a part of the profession and we may ponder, as I often have, “Am I too old to get into dental school?”
day Westmoreland County residentsare the descendants of those craftsmenand many of the construction compa-nies in Westmoreland County werefounded by those craftsmen andpassed down through generations.
The land on which the Courthousestands was sold to WestmorelandCounty on July 12, 1787 for “sixpence, lawful money of the State ofPennsylvania.” When the firstCourthouse was completed, the thenCounty Commissioners laid out theland that was left over and not neededfor the Courthouse and sold off lots,all of which had to be repurchasedlater by the County at a much greatercost for the present CourthouseSquare.
It is interesting that the men whobuilt the Courthouse went on to buildmany other Greensburg landmarks,including what is now the
Greensburg-HempfieldArea Library on
Pennsylvania Avenue,the Thomas Jamison
home which isnow theDiocese ofGreensburg’sChanceryOffice on EastPittsburgh
Street, and Sullivan Hall at Seton HillUniversity.
The legal community is veryexcited about the Centennial of ourCourthouse. Your Committee believesthat 2007 will bring excitement, pleasure, a sense of history and great satisfaction to all of the residents of Westmoreland County.
▲
The Hon. Daniel J.Ackerman
Courthouseto Celebrate100thBirthday in 2007continued from page 3
by Beth Orbison, Esq.
In western Pennsylvania onSaturday, April 17, 2004, whilebillboards proclaimed and thou-
sands wallowed in “Over 4 Acres ofGuns and Gear,” a less well-publicizedevent attended by a mere 82 peopletook place at The Twentieth CenturyClub in Oakland. The PittsburghPsychoanalytic Society and Instituteand the Pittsburgh Opera co-spon-sored an all-day symposium entitled,“Dead Man Walking … the universalstruggle of suffering and revenge.”The symposium was a prequel to thePittsburgh Opera’s presentation inJune of the new opera “Dead ManWalking,” based upon the best-sellingnon-fiction book by Sister HelenPrejean and the Academy Award-
damning observations and troublingconclusions.
Particularly unique in the UnitedStates is that our politicians ofteninclude their stance on the deathpenalty in their campaigns for election. Those infavor of the ultimatepunishment proclaimthat victims’ heartswill heal if they canwatch the perpetratorbeing killed. SisterHelen concludes thatthe death penalty isan issue in Americanelections because “thecultural framework in this country isrevenge and revengeis big.” The popularized warning,“Make my day,” suggests that being
winning movie, which tells the saga ofSister Helen’s role as a spiritual advisorto inmates on death row, and as avocal opponent of the death penalty.
The registration materials for theworkshop modestly suggested that theobjectives of this symposium were to“develop a deeper understanding ofthe dynamics of revenge in a creativeand thoughtful environment” and tofind “a way of looking at the persist-ence of our own desire for vengeance.”The “Prerequisites for Participants”section of the application simplystated: “This symposium is open to allinterested persons.” I was interested.
Sister Helen Prejean began her talkwith a declaration of her belief thatthe death penalty is a great mirror ofour society, and she spoke for over onehour about the images that she sees inthat looking-glass. What follows is asummation of some of her most
MAY–JUNE 2004 sidebar • 5
Vengeance, Part Idicta
▲
Beth Orbison
continued on page 6
given the opportunity “to kill you isan honorable thing.” But, she asks,where is the dignity in taking a man’slife after he has been in a cell for 10,15 or 20 years?
Sister Helen asks this questionbecause she firmly believes in the abil-ity of a man to transform. And “deathis not the transforming thing. Onlyone thing transforms and that is thatthey [the death row inmates] meetlove before they die.” A man, orwoman (she mentions Carla FayTucker), may go through a significanttransformation, may have learned tolove and care, to express specific, laud-able objectives and goals in life, butreview boards will say that it doesn’tmatter, that “transformation has nothing to do with it [their decisionto commute a death sentence].” In a society that embraces the deathpenalty, redemption is not possible.
She is not insensitive to the victims’family members. “They are filled withsuch pain, searching for ways to getout from under the grief, and everyfamily member wants to kill as a start,particularly the fathers. She humblyacknowledged that in her work withdeath row inmates, she “was scared todeath of the family members, and
didn’t reach out to them.” She nowsees her inhibition and avoidance as“cowardice at work.” Despite thepoliticians’ promise that revengeequals healing, the desired result israrely achieved. In exasperation sheasks the rhetorical question: “Whatrational, legal process could any courtemploy to see that justice be done?”
Ray Naar, a psychologist in privatepractice in Pittsburgh, who is a GreekJew who survived internment at theBergen-Belsen concentration campduring the Nazi occupation, was inthe audience as Sister Helen spoke.He stood and asked if she reallybelieved that the men he observedcommitting such atrocities in the con-centration camp were men who couldtransform, evolve. Weren’t they truly“bad” men, incapable of reformation?
Sister Helen addressed his questionthis way. In Nazi Germany, the gov-ernment enacted a law, incorporatingthe belief that Jews (and others) weredeficient or defective, saying that itwas legal to despise them and ulti-mately kill them. Once legalized, theacts of killing were sanctified, and notquestioned. No one need reflect onthe rightness or wrongfulness of thekilling because it is “legal.”
6 • sidebar MAY–JUNE 2004
Dicta:Vengeance, Part I continued from page 5
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“The glory of lawyers, like that of men of science, is more corporate than individual.”
— Oliver WendellHolmes, Answer to Resolution of the Bar on DanielRichardson, April 14,1890, Speeches 47,(1913)
“To be a great lawyer, I must give up my chance of being a great man.”
— Benjamin Disraeli,Vivian Grey, bk. 1, ch. 9 (1826)
We do the same thing in imposingthe death penalty. We decide that thisman is so defective that there is onlyone thing that we can do in response,and that is to kill him. The death certificate of an executed man reads“Homicide–Legal.” Prison guardspractice for the event–they practiceusing an actor who plays the quiet,submissive inmate, and they practiceusing someone who plays the kickingand screaming inmate. They rehearseso often that when it is time for theactual execution, it is like anotherrehearsal. Psychologists meet with theguards and assure them that they arejust following the law. The Departmentof Corrections has stated, “we want itto go clinically… no emotion, no cry-ing out.” All of the preparatory work,these secret rituals, are done in orderthat the killing be a “clean” process.
Sister Helen challenged each personin attendance to examine his or herown vulnerabilities, feelings ofvengeance, and capacity to free one’sself “from blind obeisance to primitivemindsets.” In Part II of this article,two psychoanalysts respond to anddiscuss the issues raised by SisterHelen Prejean from a psychoanalyticperspective.
Spotlight on Dan Joseph
continued on page 8
MAY–JUNE 2004 sidebar • 7
Editor’s note: Dan Joseph was recentlyelected Secretary of the PennsylvaniaBar Association and is the current Chairof the Westmoreland Bar Foundation.
WHAT JOBS HAVE YOU HAD PRIOR TO BECOMING AN ATTORNEY?
I was a paper boy for seven yearswhere the standard of excellence that I established for delivering papers hasnever been surpassed. I worked in the parking lots of New Kensingtonwhere I developed my world-renowned
talent of parallel parking. I also honed my
physique working in the very manlyconstructionindustry. I was a math teacherfor a short
period of time.
A
Q
WHICH IS YOUR FAVORITEAND WHY?
Being a lawyer. I truly enjoy theinteraction with and the company ofother lawyers. It is very rewarding protecting the interests of clientsagainst stronger and wealthier entities.Also, I enjoy a good argument.
WHAT IS THE FUNNIESTTHING THAT HAS HAPPENED TOYOU AS AN ATTORNEY?
I represented Senator Wilma S.Claghorne, an Afghan Hound in adefamation suit against the late Willie Demao, who at the time was the mayor of Arnold. He madedefamatory comments that caused my client severe emotional distress,necessitating surgery. The case washeard by the late Buddy Cippola,Magistrate of the Highest Order, who ultimately ruled in favor of the
A
Q
A
Q Mayor uponreviewing theMayor's secretevidence. Thehearing washilarious, butthe funniestpart was that the suit was picked up bythe AP and received a fair amount ofcoverage, and most people thought itwas for real. My grandmother, likemany others who loved Willie wereupset with me for suing him.
WHAT IS THE QUALITY YOUMOST LIKE IN AN ATTORNEY?
Integrity and reasonableness.
WHAT IS YOUR FAVORITEJOURNEY?
Lois and I spent a month inFrance and Italy. It was a great trip.
A
Q
A
Q
WHAT IS YOUR GREATESTREGRET?
Not learning to play the piano.
WHO ARE YOUR HEROES INREAL LIFE?
My mother is 82 and my father is85. They have devoted their lives totheir family—no matter what the sacrifice. They also, saw to it that theywere able to pass on to me a goodname that was never tarnished.
WHAT ADVICE WOULD YOUGIVE ATTORNEYS NEW
TO THE PRACTICEOF LAW?
Your reputa-tion is everything.Do not put legalfees first. Workyour hardest
to ethically serve your clients, your
A
Q
A
Q
A
Q
8 • sidebar MAY–JUNE 2004
Spotlight on Dan Joseph continued from page 7
WHAT DO YOU CONSIDERYOUR GREATEST ACHIEVEMENT?
Helping to raise a wonderful sonof whom I am extremely proud and,thus far, keeping the good name thatmy parents have trusted me with.
WHAT IS YOUR IDEA OF PERFECT HAPPINESS?
I am happiest when my mind isfree from worries about family andclients. I love being with Lois eithernear or on the water. The water seemsto have the power to totally relax me.
WHICH LIVING PERSON DOYOU MOST ADMIRE?
My parents.
WHAT IS YOUR MOTTO?
I have two mottos: “But for thegrace of God go I” and “You only goaround once.”
A
Q
A
Q
A
Q
A
Qreputation will grow in the right way,and the economics will follow.
WHAT IS YOUR MOST TREASURED POSSESSION?
A good reputation.
WHAT DO YOU MOST DISLIKE?
I cannot tolerate hypocrites, selfish people or weasels (not the fur-bearing type).
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If there’s anything I have learned in my thirty four years at the bar,it’s that the law is a jealous
mistress. Yeah, I know, you’ve heard itbefore, but if your mistress has a hissyfit because you played golf instead offinishing your overdue brief, you’relucky. Mine is armed with a knife andkeeps staring south of my belt.
Recently she was listening in whenI received a phone call from a probono client whom I had successfullyrepresented before a local magistrate.Her landlord had filed suit, pro se, toregain possession of her apartmentbecause she had taken in a roommatein violation of the terms of the lease.
Now yes, my client had taken in a roommate, and, yes, it was herboyfriend, but this was HUD assistedhousing, she was disabled, and thelease did permit her to have live-in
period was onlyten days,” sheasked.
“Because she isa clerk in a mag-istrate’s office andnot an attorney atlaw,” I fired backpeevishly.
“Then, how come the notice wegot from the magistrate said they hadten days to appeal?”
I smelled trouble. “Oh, excuse me,”I said to my client, “the governor iscalling on the other line, I’ll call youright back.”
A quick consultation with my partner led me to conclude that theclient was right. Apparently theLandlord Tenant Act had been callously and, as far as I was concerned, secretly amended some ten years earlier to provide a ten-day
help to aid her. I never quite got ahandle on why this so disturbed thelandlord, but the occupants were notmarried, it was a one-bedroom unit,he was a Republican, you get the drift.
“You’ll win this case,” I told herbefore the hearing, and I was right.“The landlord won’t appeal,” I toldher after the hearing, and I waswrong. Not only did he appeal, hehired a lawyer to do it. Zowie, youcan’t get more wrong than that.
When the client received notice ofthe appeal, she called me. “The appealwas filed too late,” she said, “can youget it dismissed?”
I carefully explained that eventhough the appeal was filed thirty-twodays after the decision, it was timelybecause the thirtieth day fell on aSaturday, giving the landlord until thefollowing Monday to file.
“Then why did the clerk at themagistrate’s office tell me the appeal
MAY–JUNE 2004 sidebar • 9
To-Wit:The Wrong Stuff
continued on page 10
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appeal period for matters that onlyinvolved possession. The appeal wasindeed untimely, my client had won,and I was just fit to be tied.
“How could I not know this,” Iasked my partner.
“Maybe it’s because you haven’t readthe advance sheets in ten years,” sheanswered back, and I made a mentalnote to review her salary package.
I think I handled it pretty wellthough. I called the client back, I toldher that of course the appeal periodwas ten days, everyone knew that, andI assured her I could get the appealdismissed. As we hung up, I swear Icould hear the sound of a spinninggrindstone.
When opposing counsel agreed towithdraw the appeal, that should havebeen that. It wasn’t. My mistress knowsI botched this one, she knows I didn’tknow the law, and she’s not going to letme forget it, not now, not ever.
to suffocate the very fires for whichthey were acquired.
That’s what my lady is mad about,and that’s why she has once againstarted shopping for cutlery.
So I’m going to call our local ProBono Coordinator and take more ofthese cases. There are still lots of folkout there who need me, almost asmuch as I need them.
I have no delusions here. This kind of work is hard, frustrating andthankless, and I’m not as patient or as tolerant as I used to be. So, if fromtime to time I throw my hands up indespair, if from time to time I lose my patience, if from time to time theexigencies of such matters occasionallyconflict with my golf game, well,that’s okay. That’s what God inventedyoung partners for.
You see, this was landlord-tenantlaw, the prototypical battleground ofthe rich against the poor, the powerfulagainst the puny, the haughty againstthe righteous. I went to law school so I could do those cases, so I couldrepresent the oppressed, the weak, the underprivileged. Zeal oozed fromme then like poopoo from a baby’sbottom, and I had all the right stuff to use it—a clever mind, a bleedingheart and an irate soul that yearned tostrike back at the arrogance of power.I was angry all the time and it wasglorious.
I’m a better lawyer now, certainlymore adept at lawyering. But my timeis gobbled up with business matters,real estate and golf. I go to Floridamore often than I go to court. I’m notdoing the kinds of cases and causesthat once defined me. It’s both sadand ironic that the accumulation ofsuccess, wisdom and experience seems
10 • sidebar MAY–JUNE 2004
To-Wit:The Wrong Stuff continued from page 9
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Of 105 cases set for theMarch/April 2004 Civil Jury Trial Term, 26 settled,
25 were continued, 5 were assignednonjury, 1 was tried nonjury, 4 moved to arbitration, 1 will bemediated, judgment was entered in 1,summary judgment was granted in 2,4 will be summary jury trials, 1 was a non-binding summary jury trial, 2 were stricken, 1 was consolidatedwith another case for trial, 8 verdictswere entered and 24 were held to the next trial term. The 6 cases uponwhich jury verdicts were rendered aresummarized below.
JOSEPH SCOTT HIXENBAUGHAND LANA ANNE HIXENBAUGH,
INDIVIDUALLY AND AS ADMINISTRATORS OF THE
ESTATE OF CHEYANNE ADELEHIXENBAUGH, DECEASED
V.PAUL J. TRAINER, M.D., TIMOTHYA. DEBIASSE, M.D., INDIVIDUALLY
AND T/D/B/A EAST SUBURBANPEDIATRICS AND EAST SUBURBAN PEDIATRIC
ASSOCIATES; A. PROFESSIONALANSWERING SERVICE, INC., A
PENNSYLVANIA CORPORATION NO. 790 OF 1999
(No. 933 of 1999 was consolidated at this number.)
Cause of Action: ProfessionalNegligence—Medical Malpractice—
Wrongful Death and Survival Actions
This medical malpractice action wasinstituted over the death of Plaintiffs’daughter, Cheyanne, who was 22months of age. Defendants wereCheyanne’s pediatricians since she was a newborn. On the afternoon of February 24, 1997, Cheyanne presented to Defendant Dr. Trainer atthe Murrysville Office with symptomsof nasal congestion, labored respiration,
When Cheyanne’s condition worsened at approximately 7:30 a.m.,Plaintiff-mother rushed her toDefendants’ Irwin office. When shearrived, Cheyanne was completelyunresponsive and could not be roused.At that time, Defendant Dr. DeBiasse administered CPRand mouth-to-mouthresuscitation.Cheyanne was transported by ambulance toJeannette DistrictMemorial Hospitaland then life-flightedto Children’s Hospitalin Pittsburgh.Cheyanne was placedon full ventilatory support and wasdeclared brain dead at approximately3:00 p.m. on February 28, 1997. Hercause of death was reported as upperairway obstruction/hypoxic IschemicEncephalopathy; viral laryngotracheo-bronchitis (a viral form of croup).
barking cough, decreased energy andappetite and a temperature of approxi-mately 102 degrees. Dr. Trainer exam-ined Cheyenne and diagnosed her withmild croup, a viral infection for whichno medication was given. Plaintiffswere told that should Cheyanne’s condition worsen, they should try tosoothe the infected airways by using avaporizer or taking her out into thecold. Later in the evening, Cheyanne’sbreathing became more difficult andirregular and her wheezing and cough-ing became more severe. At approxi-mately 6:00 a.m. on the morning ofFebruary 25,1997, Cheyanne appearedpale, unresponsive and would not eator drink. At this time, Plaintiff-mothercalled the emergency number forDefendants and reported thatCheyanne’s condition had worsened,that she thought Cheyanne was dehy-drating and that she had a high tem-perature. At approximately 7:00 a.m.,Defendants’ receptionist returned thecall and an appointment was sched-uled for 9:00 a.m. at the Irwin office.
MAY–JUNE 2004 sidebar • 11
March/April 2004 Trial Term
Jury Trial Verdictsby Rachel Huss, Esq.
▲
Rachel Huss
continued on page 12
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Telephone 724 - 834-2822
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Plaintiffs alleged negligence ofDefendant-physicians in failing (1) to properly diagnose and treatCheyanne’s condition; (2) to informPlaintiffs that croup was an inflamma-tion of the airways that could result in death; and (3) to provide adequateinstructions regarding emergency callsto the answering service. As to theanswering service, Plaintiffs assertednegligence in handling the phone callon the morning of February 25, 1997,in failing to conform to Defendants’directions for emergency situationsand in failing to recognize the emergent nature of Plaintiff-mother’scall and either immediately notifyDefendant-physicians or instructPlaintiffs to report directly to theemergency room.
Defendant-physicians contendedthat the care and treatment they rendered was at all times in accordancewith acceptable standards of care.Defendants averred that Plaintiffs were instructed that croup worsens atnight and that cold air and vapor mistcan be helpful in treating symptoms.Plaintiffs were also instructed to callDefendants’ office if the symptomsworsened. At 6:30 a.m. the nextmorning, Plaintiff-mother reported tothe answering service that Cheyannewas worse, very hot and had not takenliquids since 3:00 p.m. the previousday. Plaintiff-mother requested anappointment for the same day or tospeak with the doctor. The writteninstructions given by Defendants tothe answering service was to commu-nicate all calls to Defendants’ officewithin one hour of receipt of the call,unless the call was described as anemergency by the caller or the patientcalled twice within one hour. Theanswering service relayed the messageto Defendants’ receptionist twentyminutes later, who returned Plaintiff-mother’s call at 6:55 a.m. When askedif she would like the doctor to bepaged, Plaintiff-mother declined. Anappointment was made for Cheyanne
of the sternum and chest wall, exces-sive debridement and surgical removalof large amounts of soft tissue andmuscle of the chest and abdomen,excision of the sternal mass and pectoral flap surgery to close thewound, multiple hospitalizations, permanent physical deformities andscarring, and permanent disability.
Defendant denied negligence in his treatment of Plaintiff with respectto the mass. Defendant denied theimplication of negligence fromDefendant’s failure to order antibiotictreatment for the instances wherethere was no evidence of infection. In new matter, Defendant maintainedthat any injuries of Plaintiff were sustained as the result of superseding,intervening and/or independent causesand from the acts or omissions of others over which Defendant had nocontrol or in any way participated.
Plaintiff ’s Counsel: Harry S. Cohenand David J. Lozier, Harry S. Cohen& Associates, Pgh.
Result: Verdict in favor ofDefendant. Jury found thatDefendant was not negligent.
GLENN T. LAMISON AND MARJORIE LAMISON,HUSBAND AND WIFE
V.FRANCA TWELE, INDIVIDUALLYAND T/D/B/A THE KNOTTY PINE
MOTEL; AND HENRY TWELE,INDIVIDUALLY AND T/D/B/A THE
KNOTTY PINE MOTEL NO. 5136 OF 2002
Cause of Action: Negligence—PremisesLiability—Loss of Consortium
The Defendants operated, managedand maintained the premises known as The Knotty Pine Motel in BelleVernon, Westmoreland County. On
to be seen in the Irwin office at 9:00a.m. When Plaintiff-mother arrived at the office, Cheyanne was in full cardiac arrest.
Plaintiffs’ Counsel: William G.Merchant and Howard F. Murphy,Papernick & Gefsky, P.C.,Monroeville
Counsel for Defendant Physicians:Daniel P. Carroll, Davies, McFarland& Carroll, P.C., Pgh.
Counsel for Defendant AnsweringService: Charles P. Falk, Solomon &Associates, Pgh.
Trial Judge: The Hon. Daniel J.Ackerman, President Judge
Result: Molded verdict in favor ofall Defendants.
ROBERT W. LACKEY, JR.V.
NASIR SHAIKH, M.D.NO. 5944 OF 2000
Cause of Action: ProfessionalNegligence—Medical Malpractice
Plaintiff brought this medical malpractice action against theDefendant-general surgeon withrespect to Defendant’s treatment of arecurring benign tumor in plaintiff ’schest. Plaintiff alleged that fromDecember 1998 through September1999, Defendant negligently and carelessly failed to aggressively excisethe recurring mass, failed to orderappropriate wound care, failed to prescribe antibiotics and failed totimely refer Plaintiff to an infectiousdisease specialist. From October 1999, to November 2000, Plaintiffunderwent extensive treatment by surgeons at University of Pittsburgh-Presbyterian Hospital. Plaintiff arguedthat Defendant knew or should haveknown that the recurring chest tumorcontained an infectious process requir-ing aggressive antibiotic therapy andinfectious disease consultation from atleast March of 1999. Injuries claimedincluded the development of staphylo-coccus aureus, exacerbation of abscess
12 • sidebar MAY–JUNE 2004
Jury Trial Verdicts continued from page 11
September 7, 2001, Plaintiff-husbandproceeded from the parking lot to amotel room on the premises. AsPlaintiff walked from the asphalt pavement onto the concrete sidewalk,his foot struck the difference in heightof approximately one inch between thesidewalk and the parking lot, causinghim to lose his balance and fall.Plaintiff claimed exacerbation of anarthritic right shoulder and contusionto the coccyx and coccydynia. Plaintiff-wife claimed loss of consortium.
In New Matter, Defendants assertedthat Plaintiffs’ injuries and/or damages,if any, were due to the actions and/orinactions of Plaintiffs and thatPlaintiffs’ damages are limited to theextent they failed to mitigate theirdamages.
Plaintiffs’ Counsel: James C.Heneghan, Feldstein Grinberg Stein& McKee, Pgh.
Defendants’ Counsel: Sharon M.Menchyk, Dell, Moser, Lane &Loughney, LLC, Pgh.
single barrel pump shotgun, in thedirection of Plaintiff, causing twogunshot pellets to lodge in Plaintiff ’sscalp. Plaintiff alleged that Defendantwas negligent in discharging a firearmprior to insuring that the direction hewas pointing the firearm was free andclear of other hunters or any otherindividual, and in discharging afirearm at only movement as opposedto an identifiable object.
In New Matter, Defendant raisedthe affirmative defense of contributorynegligence in that the injuries anddamages allegedly suffered by Plaintiffwere directly and proximately causedby the failure of Plaintiff to exercisethat degree of care for his own safetyand well-being, which a reasonablyprudent person would have exercisedunder the same or similar circum-stances. Defendant asserted thatPlaintiff was contributorily negligentby failing to comply with the statutory provision regarding required
Trial Judge: The Hon. William J.Ober
Result: Verdict in favor of Plaintiffs.Plaintiff Glenn T. Lamison awarded$5,000.00 for medical expenses and$15,000.00 for past and future physical pain, suffering, discomfort,distress, mental anguish and enjoyment of life. Plaintiff MarjorieLamison awarded $5,000.00 for lossof consortium.
RANDY GERHART V.
JAMES W. LEWIS NO. 6270 OF 1997
Cause of Action: Negligence—Hunting Accident
On October 16, 1995, Plaintiff was archery hunting for deer on the Conemaugh Flood Control property along State Route 1016 inWestmoreland County. Defendantwas hunting in the same general vicinity as Plaintiff when Defendantdischarged his firearm, a 12-gauge
MAY–JUNE 2004 sidebar • 13
continued on page 14
FULL FUNDING RESTORED
CLIENT OPENINGS AVAILABLE IN THE RIP/ATS PROGRAMFORLEVEL 3 & 4 OFFENDERS
As a result of full state funding being reinstated to the Restrictive IntermediatePunishment/Alternative Treatment Services (RIP/ATS) program, the clientcapacity has been increased from 20 clients to a 30 client caseload. At this pointin time the RIP/ATS Program is operating at full client capacity and immediateclient openings exist for eligible Level 3 & 4 offenders. The RIP/ATS Programis a partial level of care which provides clients with 30 hours of intensesubstance abuse treatment services per week over a 14 week time period. Dailyclient transportation both to and from services, is provided by the program. Ifyou would like to refer an individual to the RIP/ATS Program or if you haveany questions about the program, please contact either Louisa Wotus at 724-830-3482 or Bill Shifko at 724-830-3448, the RIP/ATS probation officers.
protective material, which requires hunters to wear a minimum amount of daylight florescent orange color material so that it is visible in a 360-degree arc, because itwas not hunting season only for deer with a bow andarrow, but rather the season was concurrent with smallgame season. In his pre-trial narrative, Defendant allegedthat Plaintiff was attired in tree bark camouflage.
Plaintiff ’s Counsel: Victor H. Pribanic, Pribanic &Pribanic, LLC, White Oak
Defendant’s Counsel: Kim Ross Houser, Mears, Smith,Houser & Boyle, Gbg.
Trial Judge: The Hon. Daniel J. Ackerman, PresidentJudge
Result: Verdict in favor of Defendant.
MARY ANN DEFORTY V.
THOMAS MEEHAN; AND WALTER J. GREENLEAFCO., A/K/A WALTER GREENLEAF CO.,
A CORPORATION NO. 6232 OF 1998
Cause of Action: Negligence—Motor Vehicle Accident
On November 5, 1996, at approximately 1:30 p.m.,Plaintiff was operating her vehicle in an easterly directionin the left, passing lane of Interstate 70, a four-lane highway. Defendant Thomas Meehan was operating a vehicle owned by his employer on an access ramp near Exit 20 in North Belle Vernon, Westmoreland County. The complaint alleged that Defendant attempted to passthe vehicle directly in front of him on the access ramp byfirst turning his vehicle into the right, slow lane of I-70,and then suddenly entering the left, passing lane, strikingthe right rear passenger side and front fender of Plaintiff ’svehicle. Plaintiff claimed injuries including cervical andlumbar strain, fibromyalgia syndrome, traumatic braininjury, post-traumatic stress and/or anxiety disorder andmajor depression. Plaintiff elected the full tort option ofautomobile insurance coverage.
In New Matter, Defendants averred that any injuriesand/or damages alleged by Plaintiff were the result ofsuperseding, intervening and/or independent causes over which Defendants had no control and in no way participated. Defendants raised the affirmative defense ofthe sudden emergency doctrine, and asserted that Plaintiff ’sinjuries and damages were the result of a pre-existing condition unrelated to this accident. In his pre-trial statement, Defendant asserted that he was proceedingdown the on-ramp to I-70 when the vehicle in front of him stopped or slowed suddenly. Defendant stated that he entered the right lane of I-70 to avoid the vehicle, then began to enter the left lane of travel because he was
concerned that the vehicle stopped on the ramp may pullinto the right lane of I-70. Defendant’s vehicle then cameinto contact with Plaintiff ’s vehicle, which was traveling inthe left lane.
Plaintiff ’s Counsel: Joseph P. Moschetta and Stephen P.Moschetta, Joseph P. Moschetta & Associates, Washington, Pa.
Defendants’ Counsel: Marna K. Blackmer, Summers,McDonnell, Walsh & Skeel, Pgh.
Trial Judge: The Hon. William J. OberResult: Verdict in favor of Defendants. Jury found
that conduct of Defendants was not the factual cause inbringing about Plaintiff ’s injuries and damages.
TIFFANY SHRUM, A MINOR, BY AND THROUGH HERPARENT AND GUARDIAN, KIRK SHRUM
V.CARLENE MUSSER, ORIGINAL DEFENDANT
V.CHRISTINE SHRUM, ADDITIONAL DEFENDANT
NO. 1471 OF 2002
Cause of Action: Negligence—Motor Vehicle Accident
This automobile collision occurred on July 25, 2000, onAndara Road, near its intersection with State Route 30 inNorth Huntingdon Township, Westmoreland County.Plaintiff, who was a minor, was a passenger in a vehicle thatwas traveling in a westerly direction on Route 30. Thecomplaint alleges that Plaintiff ’s vehicle had just turnedright onto Andara Road when it collided with a vehicleoperated by Original Defendant. Plaintiff ’s injuriesincluded serious and permanent disfigurement of her face,maxillary anterior alveolar bone fractures; anterior maxillarybuccal mucosal lacerations; total avulsion of two teeth; permanent loss of sight in her right eye; marked scarring inthe center of the macula; and central permanent scotoma.
Original Defendant denied all liability to Plaintiff andfiled a complaint to join Additional Defendant, whichasserted that any losses, injuries and/or damages sustainedby Plaintiff were directly and proximately caused by thenegligence of Additional Defendant, Plaintiff ’s mother, for failing to have her vehicle under proper control and colliding with Original Defendant while OriginalDefendant was in her own lane of travel.
Plaintiffs’ Counsel: Steven L. Morrison, Harrison CityCounsel for Original Defendant: Maria Spina Altobelli,
Jacobs & Saba, Gbg.Counsel for Additional Defendant: Amy DeMatt, Mears,
Smith, Houser & Boyle, P.C., Gbg.Trial Judge: The Hon. Gary P. CarusoResult: Molded verdict in favor of Original Defendant
and against Plaintiff. Jury attributed 100% causal negligence to Additional Defendant.
14 • sidebar MAY–JUNE 2004
Jury Trial Verdicts continued from page 13
the Rush Model was “very successful”in Chicago and that the use of twomediators provided “instant credibility”to both sides while further noting thatDrexel University has come to adoptthis co-mediation system now beingconsidered to be partof the PennsylvaniaMedical MalpracticeMediation Program(PM3P).
The Post Gazettearticle further notesthat a “handful” ofPennsylvania healthsystems are alreadyusing this mediationprocess which, according to GovernorRendell, results in a settlement of
mediation’s confidential and voluntaryprocess, the proposal would alsoremain non-binding “meaning that apatient would still be free to lodge alawsuit against the hospital.”
The proposal comes from a program known as the Rush Modelout of the Chicago Medical Centerwhere a list of certified mediators isprovided to the patient’s attorneyswho “... review a list of certified mediators, then select one plaintifflawyer and one defense lawyer to hashout the merits of the case and comeup with a settlement offer.” This “co-mediation” system was veryrecently featured during the 17thAnnual Civil Litigation Update presented by the Pennsylvania BarInstitute via satellite. Course plannerPeter J. Hoffman, Esq., remarked that
Mediation Update:New Developmentstipspractice
MAY–JUNE 2004 sidebar • 15
by John M. Noble, Esq.
The “M” word—mediation—is showing up in the mostunlikely of places lately.
No longer merely part of the legalpublications advertising landscape, the “M” word recently found its wayto the front page of the Pittsburgh PostGazette bearing the headline “Rendell:Mediate Medical Law Suits—Pre-TrialSettlements Seen Lowering Costs ofMalpractice Suits.”
Within the article, mediation isincluded within the various proposalsfor medical malpractice reformspushed by Governor Rendell wherebydoctors “accused of negligence” wouldbe “forced to offer a pre-trial settle-ment option to their patients beforethe matter goes to court.” Preserving
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80% of the cases before they enter the court process. Rendell furtherexplained that the settlements can also involve “more than money.” For example, a patient can demand an apology from a specific surgeon or otherwise argue for proceduralchanges within a given hospital.
The opposition for mediationdescribes doctors and hospitals fearfulof mediation as a signal of “tacitacknowledgment of culpability” claiming that, in the long run, itcould produce more lawsuits. Inrebuttal, the Chicago model is touted to have reduced the number of lawsuits and, more significantly, has reduced overall litigation costs.
In a related article, The LegalIntelligencer recently reported thatmedical malpractice case filings in Pennsylvania have dropped by one-third in 2003, “according to statistics released by the states unifiedjudiciary.” In reply, a medical societylobbyist maintained that, while fewer cases were filed, there was “noevidence the amount of money paidto plaintiffs has been reduced” while
The author further touts the “emotional benefit” to mediation as anon-adversarial procedure ultimatelylaying the”groundwork for a civilizedrelationship after the couple has split.That is particularly important if children are involved.” According to one New York City lawyer andmediator, “you can be angry and
hurt and still negotiate an agreement.”But, he added,mediation is “nota good choice incases of domesticviolence, drug oralcohol abuse.”
While explaining that the parties still need legal advice before or during mediation, the author notes that the parties should havetheir divorce agreement reviewedindependently before signing.
In the domestic mediation process,each party negotiates their owndivorce agreement with the help of atrained mediator who does not takesides nor impose a settlement oneither party. The article maintains thata case that might require 170 hours ina standard divorce situation might beresolved in as little as 20 hours ofmediation. The bottom line presented—even with mediation consultationfees, 85% of mediated divorces costless than $5,000.
The point of this article forWestmoreland County lawyers? While we are not yet swimming in the sea of 10,000 mediators—as inthe state of Florida—the “M” word is finding its way out of the legal journals and onto your client’s kitchen table. So, be prepared. Who knows? One of these days you may actually settle a medical malpractice action in the early going. More likely, you may finallyhave to accept your client’s request, if not demand, to mediate thedivorce—or lose the client.
16 • sidebar MAY–JUNE 2004
Mediation Update: New Developmentscontinued from page 15
Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C.114 South Main StreetGreensburg, PA 15601Phone: (724) 836-4840Fax: (724) 836-0532www.mdbbe.com
®
Lee R. Demosky, Esq.◆
Concentrating in Family Law/Criminal Law/Municipal Law
and Civil Litigation
malpractice insurers have continued toraise premium rates in Pennsylvania.More statistics: from January 2000 toJuly 2003, more than 10,300 medicalmalpractice cases were filed whilejuries returned verdicts in only 1,143cases in the same time frame.
Mediation was also highly toutedin Parade magazine recently headlininga “Saner, Smarter Way to SayGoodbye” to the other“M” word—marriage.Noting that more than 40% of Americanmarriages end indivorce, the articleproposes mediationas an alternative since“ending a marriage is hard enough ona family, so why ruin everyone’s finan-cial future too?” Claiming that divorcecosts on the average between $20,000to $50,000 per couple in legal fees,the mediated divorce is asserted tohave a much reduced cost—typicallybetween $4,000 and $5,000 per couple so as to leave “more money forboth spouses and for their children.”(i.e., less money for the lawyers ...)
tipspractice
In an ongoing effort to help children learn about the law,members of the Westmoreland
Bar Association participated in LawDay 2004 celebrations held duringMay. Part of a month-long, statewidecampaign sponsored by the PBA andcounty bar associations, thisyear’s Law Day program, “AConstitution for Everyone... Everyday,” was designedto bring together judges,lawyers and schools to helpchildren learn about the lawand our country’s strengthand history.
This year, participation fromschools more than doubled, and the
“The students’ reactions to thispresentation were phenomenal,” saidteachers from Bell Avon Elementarywhose third grade classes put on a Mock Trial with students acting
as jurors. “They were appropriately taken aback to find out just how serious a simple altercation could be in court! They also reallyenjoyed the time given forquestions and answers.”
“It’s a great way to getenergized,” said Rebecca Brammell,who visited the third grade atMcCullough Elementary.
Phil McCalister said, “I found itvery enjoyable and the students werewell-informed.” He visited variousgrades at Kiski Area High School.
“Law Day was a wonderful experience for the students who participated, as it gave them theopportunity to obtain some knowledgeabout the historical case of Brown v.Board of Education. The Law Dayexperience also served to foster and
number of attorney volunteers increased aswell, according to ProBono’s Kate Wiatrowski, coordinator ofthe WBA’s Law Day activities. “All theattorneys and judges who participatedput a lot of effort into Law Day this
year,” she said. Forty-two judges,
lawyers and district justices volunteered toparticipate in this year’sLaw Day activities by visiting schools acrossWestmoreland County,
and discussing topics that ranged fromthe American Civil War to Brown v.Board of Education to the Patriot Act.
MAY–JUNE 2004 sidebar • 17
foundation focusLaw Day 2004Celebrated by WBA
continued on page 18
18 • sidebar MAY–JUNE 2004
develop an already existing interestmany of the students had in the judicial and legal systems,” said ShirleyMakuta, who visited Valley HighSchool.
“I had a blast!” said Jennie Bullard,who visited Bell Avon ElementarySchool. “I got some really nice lettersfrom the teacher and the kids.”
State Representatives Jess Stairs andTom Shaner and State Senator AllenKukovich were kind enough to donategiveaway items for the students,including bicycle safety guidelines andpencils. Some younger studentsreceived patriotic coloring pages andstickers as part of the presentation.
Thanks to the volunteers whobrought the Law Day program toschools throughout the county, and toPro Bono’s Kate Wiatrowski fororganizing the visits.
Law Day 2004 Celebrated continued from page 17
LAW DAY 2004 VOLUNTEERSJeffrey Abramowitz, Steve R. Allias, Scott E. Avolio, J. Eric Barchiesi, Ross Bash,Diane Landis Bickers, Scott A. Bitar, The Honorable John E. Blahovec, Michele G.Bononi, Rebecca A. Brammell, John Campfield, Leo J. Ciaramitaro, AllishaChapman, Charles R. Conway III, District Justice, Michael G. Dailey, TheHonorable John J. Driscoll, Mark S. Galper, Timothy J. Geary, Maureen Grace,Melissa A. Guiddy, Chris Haidze, Kim R. Houser, Robert I. Johnston, DanielJoseph, Kathleen N. Kemp, Morrison F. Lewis, Robert B. Liotta, Suzanne Mahady,Shirley A. Makuta, The Honorable Anthony G. Marsili, Annaliese P. Masser, PhilipV. McCalister, Bernice McCutcheon, District Justice, Wayne P. McGrew, AngeleaMitas, Brian Petroski, Harry F. Smail, Jr., Donald Snyder, Mark L. Sorice, MichaelStewart, Kelly Tua Hammers, Valerie Veltri
PARTICIPATING SCHOOLSAllegheny Hyde Elementary School, Bell Avon Elementary School, H.D. BerkeyElementary, Burrell High School, Franklin Regional Senior High, H.W. GoodElementary, Greater Latrobe Senior High, Greensburg Salem H.S., HempfieldHigh School, Hillcrest Intermediate School, Jeannette McKee Middle School,Jeannette Senior High School, Kiski High School, Mamont Elementary School,Martin Elementary School, Maxwell Elementary School, McCullough ElementarySchool, Mendon Elementary School, Metzgar Elementary, Monessen High School,Newlonsburg Elementary, North Washington Elementary, Sloan ElementarySchool, Southmoreland High School, Southmoreland Junior High, StewartElementary School, Valley High School, Wendover Middle School, West PointElementary School
wba news
Actions ofthe BoardMAY 18, 2004• Dr. Susan Sommers, Chair
of the Courthouse CentennialCommittee asked WBA to write achapter for the centennial book,co-sponsor a gala event, marketthe event in the bar publications,and solicit financial support.
• Accepted Membership Committeerecommendations: Justin Walshand Gary Polsinelli, participating;Marc Taini and James Ward,associate.
• Law journal advertising income is higher than budgeted due tosignificant increase in the number
of estate notices and the increase inthe advertising rate.
• Adopted an investment policy andvoted to continue to use PrivateWealth Investment to manage thebar association’s finances for thetime being.
• Authorized President Johnston toappoint committee to oversee the investment process; membersappointed are Mr. Whelton, Mr. Antoniono, Mr. Horchak, Mr. DeDiana and Mr. Munk.
• Asked By-Laws Committee to establish a standing InvestmentAdvisory Committee.
• Agreed to appoint a committee toaddress public image issues oflawyers.
• A one-year lease with ACBA for thefirst floor space of the WBA buildinghas been signed by both parties.
• Voted to charge $50/hour plus a$100 administration fee/sessionfor any attorney needing theemergency CLE and to charge$70/hour for non-WBA members.
• Voted to offer the “Bridge theGap” program free of charge to new lawyers and to chargenon-members $25 for the entireprogram, which will cover copying costs.
• Approved mailing the sidebar toeach legislator as a service of thebar association.
• Agreed to split the Elder Law andOrphans’ Court Committee intoseparate committees.
• Fee Dispute Committee ChairHarvey Zalevsky is in need ofnon-attorneys on the committee.Board agreed to solicit participa-tion from non-lawyers.
• Voted to contribute $650 to thefindwestmoreland.com site
• Agreed to do walk-through of thevacated Southwest Bank and referthe matter to Building Committee.
As with all of our contests, we would love toannounce we have a winner. Alas, we can’t, becausethere were four winners, and now we have to give
away four damn prizes. You guys—and by our use of theterm “guys” we intend to include females as well, so no letters, huh!—have no idea how hard it is to come up with one prize, much less four, with a budget that doesn’teven provide the editor with paid vacations.
But a deal’s a deal, and four prizes it shall be. But first,the winners. There were 43 lawyers in the picture and TackHammer, Ernie Long, Nevin Wollam and Don Snyder correctly named all 43. Of course, Tack, Ernie and Nevinwere in the picture, proving I was wrong in my belief thatall those depicted had by now suffered a sufficient decline in cognitive abilities so as to minimize the likelihood ofmultiple winners. As for Don, well, either he is lucky or he cheated. Those who have had cases with Don knowwhich it is.
As for prizes, we can offer each winner two tickets to theSteelers, the Pirates or the Penguins. We can, but we won’t.It’s either the Pirates, or the Penguins, take it or leave it.Winners should call the WBA at their leisure to pick fromthe list of available dates.
If any winner prefers golf to real athletics, a pass for tworounds of golf, with carts, at Cherry Creek Golf Course inYoungwood can be arranged. We know the owners.
Honorable mention goes to Vince Morocco, 41 of 43right, Jack Bergstein, 40, and Wayne Whitehead and AaronKress, 39 each. No prizes, just a mention.
This “name the lawyer” contest was so popular, so wellreceived, so well responded to, that we are going to runanother one very soon. We have a photo of the entire WBA membership from 1903. We don’t expect any moremultiple winners.
MAY–JUNE 2004 sidebar • 19
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Four Score to Win “The Wizends of Law” Contest
(From left to right) First Row: RobertCarson; H. NevinWollam; CharlesLoughran; EdwardDoran; Robert Milie;Ila Jeanne Sensenich;Louis Sensenich;Wayne Donahue; NedNakles; WilliamCaruthers; Paul Welty;Ralph Spencer; EdgarT. Hammer, Jr.Second Row: A.C.Scales; James Nardelli;
Henry Waltz; John Lyons; Carl Fisher; Bernard Shire; Albert Kovach;Orlando Prosperi; James Manderino; Christ. C. Walthour, Jr.Third Row: John Scales; Theodore Levin; Henry Abromson;Dominic Ciarimboli; Irving Green; B. Earnest Long; Robert Cassol;John Noel; Henry Shaw; Robert Garland Last Row: Gilfert Mihalich; Louis Kober; Albert Nichols; S. WayneWhitehead; Blair Griffith; Daniel Myshin; Daniel Edwards;Lawrence E. Moore, Jr.; Edward Stiteler; William T. Dom III
▲
20 • sidebar MAY–JUNE 2004
Westmoreland Bar Association129 North Pennsylvania AvenueGreensburg, PA 15601-2311
PRESORTEDSTANDARD
U.S. POSTAGE
PAIDGREENSBURG, PA
PERMIT #678
CALENDAR
JULY12 Bankruptcy Committee, Noon14 Membership Committee, Noon15 Criminal Law Committee, Noon20 Family Law Committee, Noon
