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THE NEWSLETTER OF THEWESTMORELAND BAR ASSOCIATION

VOLUME XVII, NUMBER 3MAY–JUNE 2005

INTHISISSUE 2 President’s

Message 11To Wit:by S.Sponte 16 Law

Day20053 WBA

MembersHonored 5 Seniority

ListRevisited 9 Spotlight

on DenisZuzik

thesidebar

by Beth Orbison, Esq.

W ith his warm and engagingmanner and his sinceredesire to educate attorneys,

Pennsylvania lawyers can be gratefulthat Paul J. Killion is Chief Disciplinary

Counsel for theDisciplinary Board of the Supreme Courtof Pennsylvania. In arecent interview, hegraciously agreed to answer a few questions about hisrole as Chief Counsel,the workings of thedisciplinary systemand proposedchanges. He also

offered some basic advice to attorneys,derived from the thousands of com-plaints that arrive in his office yearly.

WHAT DID YOU DO PRIOR TO TAKING ON THE JOB OFPENNSYLVANIA’S CHIEFDISCIPLINARY COUNSEL IN 2002?

After graduating from SuffolkUniversity School of Law in 1970, Iwent to work as an Economic CrimesSpecialist for the U.S. Department ofJustice in Washington, D.C. I worked inthe Internal Security Division, andbecame involved in the Berrigan trialthat was held in Harrisburg, Pa., fromJanuary through May of 1972. I wasthen asked to manage the U.S.

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Attorney’s office in Harrisburg, where I remained until 1980. From January1980 to June 1981, I was theEconomic Crimes Coordinator for theJustice Department in Boston, Mass.,and left that post to be the Director of the Medicaid Fraud Unit in thePennsylvania Office of the AttorneyGeneral until 1984. In 1984, I decidedto enter private practice, whichincluded a fair amount of white-collarcriminal defense work and part-timeemployment as counsel for the ClientSecurity Fund.

HAVE YOU IMPLEMENTED ANYCHANGES IN THE DISCIPLINARYPROCESS SINCE REPLACINGJACK DOHERTY AS CHIEFCOUNSEL?

In the early 1990s, when Jacktook over as Chief Counsel, there was a tremendous backlog of cases inthe disciplinary system, and we neverquite got caught up. We receive about5,000 complaints a year, so it’s a challenge. One of the things that Iwould like to see is more prompt disposition of complaints—ideally, each complaint would be either at thehearing stage or closed within sixmonths of being instituted.

HOW DO ATTORNEYSRESPOND WHEN THEY FIRSTRECEIVE A LETTER FROM THEOFFICE OF DISCIPLINARYCOUNSEL?

Surprisingly, attorneys frequentlydo not respond to correspondencefrom our office. Often, if an attorney

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would simply return our call or respondpromptly to our letter, the matter wouldnot escalate into the formal disciplinaryprocess. Again, I would rather take an opportunity to educate than to ulti-mately have to seek a harsher penalty.

WHEN AN INFORMAL ADMO-NITION IS THE DISCIPLINE TO BEIMPOSED, CHIEF DISCIPLINARYCOUNSEL MEETS WITH RESPON-DENT ATTORNEYS TO DISCUSSTHE VIOLATIONS COMMITTED.THE INFORMAL ADMONITION ISKEPT CONFIDENTIAL, BUT CANYOU TELL US WHAT COMMONLYOCCURS DURING THIS MEETING?

On occasion there may be somescolding involved, but I primarily viewthe informal admonition process as anopportunity for me to educate theattorney, as a positive learning experi-ence. Oftentimes, an attorney will “getin over his head,” and then soon afterthat, there is a breakdown in the relationship between the attorney andthe client. I often find myself tellingattorneys that if they have found themselves in a difficult situation with aclient, whether it is the subject matterof the work or a clash of personalities,it is better to terminate the relationship,than to hope that the difficulty willeventually go away. It doesn’t.

WHAT IS THE RELATIONSHIPBETWEEN THE DISCIPLINARYBOARD AND THE PBA’SLAWYERS CONCERNED FORLAWYERS COMMITTEE?

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Pa.’s Chief DisciplinaryCounsel Paul J. Killion

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Beth Orbison

“Calls to investigate judges whohave made unpopular decisions areparticularly misguided, and if actuallypursued, would undermine the independence that is vital to theintegrity of judicial systems. If a judge’sdecisions are corrupt or tainted, thereare lawful recourses (prosecution or impeachment); but congressionalinterrogations of life-tenured judges,presumably under oath, as to why aparticular decision was rendered,would constitute interference with—and intimidation of—the judicialprocess. And there is no logical stopping point once this power is exercised.”

Certain legislators would ignore the law and destroy the independentjudiciary in order to combat whatthey perceive as wickedness. Attackson the adherence to law in judicial

decisions, althoughbecoming morevicious lately, arenothing new. I am reminded of a dialogue from“A Man for AllSeasons” betweenSir Thomas Moreand his protege,William Roper,regarding the

protection afforded by the law in thepursuit of evil:

William Roper: So, now you give theDevil the benefit of law!

Sir Thomas More: Yes! What wouldyou do? Cut a great road through thelaw to get after the Devil?

William Roper: Yes, I’d cut downevery law in England to do that!

Sir Thomas More: Oh? And whenthe last law was down, and the Devilturned ‘round on you, where would youhide, Roper, the laws all being flat?This country is planted thick with laws,

I remember driving east on thePennsylvania Turnpike in theearly 1960s and seeing billboards

with the message, “Impeach EarlWarren.” Chief Justice Warren’s perceived offenses were allowing blackchildren to attend the same schools aswhite children and affording basic

constitutional protection to allegedcommunists andcriminals. I thought,then, that this attackon the judiciary, and,by implication,lawyers, was just amanifestation of certain segments being

pulled reluctantly into the 20th century.Never did I imagine that, 40 yearslater, I would see such unrelentingattacks on the courts by both electedofficials and private citizens.

Following the Supreme Court’sdecision not to become involved inthe Terri Schiavo case, these attackswere ratcheted up. Recently, TomDeLay blasted the judiciary membersinvolved in that case, threatening thatthey will have to “answer” for theirinterpretations of the law. Whatstarted the criticism was the SupremeCourt’s refusal to overturn the numerous decisions of state and federal judges who actually had heardthe evidence and decided the case onits merits. Even more recently, theSupreme Court rightfully found thatfederal law regulating illicit drugssupersedes any state law allowing thegrowing and consumption of medicalmarijuana. Opponents of this rulingare bashing the justices for beingunfeeling, when it is the federal law,rather than the court that upheld thelaw, that deserves the criticism.

Senate Majority Leader Bill Fristhas talked about impeaching federal

jurists whose decisions, he believes, donot conform with American values. Itfrightens me that politicians wouldadvocate a judiciary that bases its decisions on the way the electoralwinds are blowing. I fear that many ofour political and religious leaders lackan understanding of the purpose ofthe three branches of government and the function of an autonomousjudiciary. We know that federal judgeshave lifetime appointments so theywill make their decisions unencum-bered by the findings of voter polls.Former Solicitor General of theUnited States Theodore B. Olsen, in a recent article in The Wall StreetJournal, addressed the attack on thejudiciary as follows:

“But, absent lawlessness or corruption in the judiciary, which isastonishinglyrare in thiscountry,impeachingjudges who renderdecisions we do not like is not theanswer. Nor isthe wholesaleremoval ofjurisdiction from federal courts oversuch matters as prayer, abortion, orflag-burning. While Congress certainlyhas the constitutional power, indeedresponsibility, to restrict the jurisdictionof the federal courts to ensure thatjudges decide only matters that areproperly within their constitutional role and expertise, restricting the jurisdiction of courts in response tounpopular decisions is an overreactionthat ill-serves the long-term interests of the nation. As much as we deploreincidents of bad judging, we are notnecessarily better off with—and maydislike even more—adjudications madeby presidents or this year’s majority inCongress.

2 • sidebar MAY–JUNE 2005

President’s Message

Preaching to the Choirby James R. Silvis, Esq.

continued on page 8

Milton V. Munk, Jr.PENNSYLVANIA BAR FOUNDATION’S LOUIS J. GOFFMAN AWARD

Milton V. Munk, Jr., was one of four recipients of the Pennsylvania Bar

Foundation’s Louis J. Goffman Awardduring the PBA Annual Meeting heldin Pittsburgh May 4–6, 2005. Namedfor a late PBA president, the award

is presented to anindividual, group or organization foroutstanding pro bonowork over the past year.

In nominating Miltfor the award, WBAExecutive DirectorDiane Krivoniak said,“Milt has been thestrongest proponentof our Pro Bono

program since its inception. If everthere were a person who should be recognized for his involvement in Pro Bono, it’s Milt Munk.”

Over the years, Milt has worn many hats for the Pro Bono program,including Treasurer, leader, grant writerand volunteer attorney.

As Treasurer, Milt has created everybudget for the Pro Bono program. In1993, he worked with IOLTA to helpdirect the locally designated IOLTAcontributions into the bar foundationaccount for the benefit of the ProBono program. Because of his efforts,the Westmoreland Bar Foundation wasone of the first local bar foundationsto receive IOLTA funding.

Milt’s leadership has been instru-mental in increasing the number ofcases handled by Pro Bono, solicitingcontributions from the Westmoreland

The Hon. John J.DriscollUNIVERSITY OFPITTSBURGH ATGREENSBURG’SPRESIDENT’SMEDAL FOR DISTINGUISHEDSERVICE

The Hon. John J.Driscoll

received the Universityof Pittsburgh atGreensburg’s highest honor, thePresident’s Medal for DistinguishedService, at commencement ceremoniesheld April 30, 2005. The award wasestablished in 1998 to honor those

Bar Association for use in running Pro Bono and designing two new programs to meet the needs of theindigent in Westmoreland County.

The first is the Custody Program,where family law attorneys work asindependent contractors, representingindigent clients through the initial custody conference. The second putPro Bono on the road. Milt acquiredfunding so the Pro Bono program can travel monthly to an outlying areaof the county to provide free legal representation to pro bono clients.

Milt also has been active with ProBono’s Attorney-for-the-Day programsince its inception in 1996.

“Many of the accomplishments of our Pro Bono program can beattributed to Milt,” says Diane. “Hisdedication, wisdom, and leadershiphave allowed the program to grow.”

MAY–JUNE 2005 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

WBA Members Honored forCommitment to Public Service

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Milton V. Munk, Jr.

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The Hon. John J.Driscoll

Looking for a special way to remember someone?

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

Since 1991, the Westmoreland Bar Foundation has raised thousands of dollars to assist the poor, disabled, elderly and children 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 asa meaningful expression of respect, please makecheck payable to the Westmoreland Bar Foundationand mail to WBA Headquarters, 129 N. PennsylvaniaAve., Greensburg, PA 15601.

continued on page 8

The Board provides a significantportion of the funding for LawyersConcerned for Lawyers. We makereferrals to LCL when appropriate, and participate jointly in the SobrietyMonitoring Program, a program inwhich volunteer-attorneys work with the Disciplinary Board to help attorneyswho have problems related to substance abuse and are subject to disciplinary action.

AT TIMES, JUDGES ANDLAWYERS HESITATE TO CALLYOUR OFFICE WHEN THEY ARE AWARE OF AN ATTORNEYCOMMITTING A VIOLATION OF THE RULES. WHAT WOULD YOUSAY TO THEM?

Nobody wants to make these calls,but many times, concerned partiesshould be calling sooner. If someone is clearly involved in a rules violation,or is in contempt of court, do not hesitate to call. If money is involved,that’s definitely a referral to our office.When substance abuse or mentalhealth may be an issue, LCL should be called too.

IN DECEMBER 2004, THEBOARD RECOMMENDED RULESCHANGES TO THE SUPREMECOURT OF PENNSYLVANIA THATWOULD OPEN THE DISCIPLINARYPROCESS TO THE PUBLIC AT AN EARLIER STAGE OF THE PROCEEDINGS. WHAT IS YOUR OPINION ABOUT THIS PROPOSAL?

I think that private forms of discipline—dismissal with an educational letter, dismissal with a letter of concern, informal admonitionand private reprimand—serve a goodfunction and I would not want to seethat done away with. But, when disciplinary proceedings are not opento the public, there is a perception thatwe are hiding something, that we aretaking care of our own. This perceptionis not true. Under the proposed system,if a lawyer denies violating any ruleswhen private discipline has been recommended, that matter will stay

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A The legal disciplinary system employs30 attorneys, with supporting staff, who investigate and prosecute about55,000 active lawyers. The number ofvolunteers who contribute their timeparticularly impress me. Each hearingcommittee is comprised of three attorney volunteers who review pleadings and exhibits, conduct hearings, and write reports of recommendation, often in several matters during the course of a year in their six-year tenure. The Board consists of fourteen lawyers and two lay people who meet six times ayear for two days at a time, with eachcase given careful consideration anddetailed analysis. And then there arethe Justices who review each casebefore a final decision is rendered.As a profession, we should be proud of what we’ve done.

By way of contrast, the Bureau ofProfessional and Occupational Affairsof the Department of State employsabout the same number of lawyers as we to police every other licensedprofession in Pennsylvania, exceptinsurance agents and teachers.Under their umbrella, 27 differentboards monitor 1.3 million licensees.

IF THERE WERE ONE CAUTIONARY INSTRUCTION THATYOU COULD GIVE ATTORNEYS,WHAT WOULD IT BE?

Be more responsive to yourclients. Return telephone calls.Attorneys are often bad businessmen.If you were a salesman, and you got acall from a prospective buyer, you’d callthem back immediately.

CAN YOU GIVE US A FINALWORD OF ADVICE?

Take the time to pull out the Rules of Professional Conduct, andlook them over. Keep in mind your ethical responsibilities.

Editor’s note: Pennsylvania’s Rules ofProfessional Conduct can be found onthe Disciplinary Board’s Website atwww.padisciplinaryboard.org.

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private unless public discipline is ulti-mately imposed. If the recommendationis for public discipline, the matter will be opened to the public upon the filing of the charges. By making such a change, we will be following fortyother jurisdictions throughout the country that have public trials.

THE PBA SPENT $250,000 ON A PUBLIC RELATIONS PROJECT THAT REVEALED,AMONG OTHER THINGS, THAT THEIMAGE OF LAWYERS IS GREATLYDIMINISHED BY SOME FORMS OFLAWYER ADVERTISING. HOWDOES YOUR OFFICE HANDLEUNETHICAL ADVERTISING?

Each district office has an attorneywho is responsible for handling casesinvolving lawyer advertising. The majority of the complaints that wereceive are from other lawyers.Usually a telephone call to the offending advertiser is enough to handle the matter, and the contactedattorney will promptly make the necessary changes to his advertising.From time to time we have taken amore proactive approach in looking for unethical ads, but we really do nothave the time to do that.

SINCE COMING INTO THEOFFICE OF DISCIPLINARYCOUNSEL FROM PRIVATE PRACTICE IN 2002, WHAT IS YOUR OVERALL IMPRESSION OF HOW THE DISCIPLINARY SYSTEM WORKS?

Few people recognize or appreci-ate the amount of work and effort thatgoes into policing our own profession.

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Pa.’s Chief Disciplinary CounselPaul J. Killion continued from page 1


by The Hon. Charles H. Loughran

On July 1, 1972, thePennsylvania Supreme Court adopted “Bar

Admission Rules” which specificallyabrogated any local procedural rulesthat governed the right to admissionbefore any court of any county of theCommonwealth. See Bar AdmissionRule 232 (amended 1977), Effect ofAdmission to Practice. This rule endedthe practice in Westmoreland Countywhereby newly eligible attorneys wereadmitted to practice before the Courtof Common Pleas and the separateOrphans’ Court. Prior to 1972, onlylawyers specially admitted to practicein Westmoreland County wereallowed to present motions to ourjudges and try cases. Furthermore, anout-of-county lawyer could practice

Westmoreland County’sSeniority List

before the local court only after alocally admitted attorney vouched for his behavior and agreed to be held accountable.

An advantage to being admittedlocally before the Court of CommonPleas and the Orphans’ Court is that you obtained a position on the“seniority list,” a list of attorneysordered chronologically based upon the date of admission to localpractice and not based upon age. TheProthonotary’s Office—at that timethere was no Court Administrator’sOffice—kept track of these admissions,beginning with the first recordedadmission of Albert Harvey Bell onApril 8, 1884.

For example, while I was home onleave from the service for only a fewdays, my father, and later law partner,Joseph Loughran, persuaded the Court

to sit “en banc” on April 19, 1961, tohear motions for admission to theWestmoreland County Bar fromClarence McBride(now deceased),Thomas Ceraso,Irving Bloom and me.Prior to the formalmotion being made,each of us had beeninterviewed and determined to be ofgood moral characterby the WestmorelandBar Association’s Boardof Local Examiners.

One of the nuancesof our rush to be admitted was that our names would then be placed onthe seniority list, and our respectivepositions on that list would be secured.

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The Hon. Charles H.Loughran

continued on page 6

This list was maintained by theProthonotary’s Office for the Court ofCommon Pleas in a 12" x 3" bookletcalled the Trial List, which was published for the trial attorneys eachtrial term. This booklet was the triallawyers’ bible for it contained all of the civil cases slated for trial that term,the prospective jurors’ names listedalphabetically for each week of theterm, the court calendar for the yearand last, but not least, the seniority list of resident attorneys who wereeither admitted or allowed to practicebefore the Courts of WestmorelandCounty.

Seniority had its privileges. In the1960s and 1970s, for example, civilmotions were heard on Thursdays andFridays at 10 a.m. The call of the listfor civil trials was usually conducted oneach Wednesday preceding a week ofscheduled jury trials. At the call, thelong-standing custom in WestmorelandCounty was to defer to any attorneywho had been admitted to practicebefore you. An attorney was very careful not to report on his civil casesat the call until it was his turn, accord-ing to the seniority list. Additionally,

In the 1970s, with the advent ofstatewide admission, the seniority listbecame obsolete. Sadly, with the lossof the local seniority list came adecline in respectfulness generally, at times creating distrust and makingus practice and deal with each othermore defensively. We should worktoward regaining this lost civility, thatdeferential politeness that comes withtreating each other courteously. Ourword must be our bond; we mustrespond to our messages timely and politely; we must assist youngerattorneys, for if we don’t do our part,our profession will not be a profession.

As a postscript, Patty Hall, whoassisted her mother, Virginia Sperber,the Deputy Prothonotary for manyyears, gave me her copy of a typed seniority list, which was maintainedfrom April 8, 1884, to its last entry of May 15, 1972. Anyone interested in obtaining a copy should call the bar office. Interestingly, there wereonly six women on the list of 340 total admittees. And for those of you old enough to rememberVirginia Sperber, I’m pleased to reportshe is still living at the age of 96 in anursing home.

the judges and lawyers adhered tothe seniority list when presentingmotions to the Court. I assumethat this custom evolved from the idea that older lawyers were to be respected, or perhaps, thatsenior lawyers presumably werebusier lawyers and should nothave to wait.

The Register of Wills, as Clerk of the Orphans’ Court,maintained a separate senioritylist. The two lists were not

necessarily identical, for the dates ofadmission could vary if the attorneywere not admitted to both courts onthe same date. The Clerk of Courtsdid not keep a separate list for criminalmatters, but the judge who decidedthose matters and all other matters,always took the senior attorney’smotions first.


Seniority List continued from page 5

Westmoreland County’s officialSeniority List was maintained fromApril 8, 1884, to May 15, 1972. Ifthis list existed today, it would looksomewhat close to the list on page7, which was compiled from thePBA admission dates found in theWBA database.

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Diane E. MurphyJames L. Nardelli Jr.Debra M. NicholsonMark J. ShireHenry B. FurioMarvin D. Snyder Jr.Pamela H. FergusonMichael D. FergusonDonald B. MoremanMargaret A. TrembaJohn E. BumbaughPaul S. Miller Jr.Todd T. TurinFrancis R. MurrmanJames E. Whelton Jr.Maria Spina AltobelliDebra L. CribbsMichele G. BononiDennis F. ScarpinitiThomas P. PellisPaul E. TooheyMary M. MeisnerBarry B. GindlespergerStephen LangtonTimothy S. MartinJohn F. WohlinLinda BrokerBernard P. Matthews Jr.John E. PalloneDavid K. LucasPatricia Kurp MastenLarry D. LoperfitoKenneth L. NicholsGene A. FeraceTerrance C. FergusonThomas L. Plaitano Jr.Charles W. JelleyPatrick T. NoonanJoseph W. LazzaroDebra L. HenryRandall G. KlimchockLawrence D. KerrDavid L. WilliamsJames M. FoxPeter J. GoughChristopher D. NaklesJames H. Robinson Jr.Charles J. DangeloBeth A. PalettaJennie K. BullardKenneth FiceraiMaureen E. GracePhilip V. McCalisterLillian OrzechowskiSharon L. WigleDaniel B. PagliariElizabeth J. SeinerWilliam A. WiltmanMaureen S. KrollCarol A. BucciDavid A. RegoliVincent J. FinoliDwayne E. RossJeffrey W. MillerHolly G. GarlandLawrence F. Becker IIIRachel E. MoroccoLeslie J. UncapherSusan McIlwain ZydonikRobert V. Bickers Jr.J. Douglas FarrellBarbara J. ChristnerChristopher A. HaidzeJeffrey D. MonzoEileen C. BilleyLisa Galloway MonzoRobert J. SpechtDeborah L. JacksonJohn M. RankerChristopher P. SkatellJacquelyn A. KnuppAbby De BlassioMichael D. NardelliMary E. Mears


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2005THE WESTMORELAND BAR

JUDGESHON. DANIEL J. ACKERMAN

President Judge

HON. ALFRED B. BELLJudge

HON. JOHN J. DRISCOLLJudge

HON. ANTHONY G. MARSILIJudge

HON. CHARLES H. LOUGHRANSenior Judge

HON. JOHN E. BLAHOVECJudge

HON. CHRISTOPHER A. FELICIANIJudge

HON. RICHARD E. MCCORMICK, JR.Judge

HON. DEBRA A. PEZZEJudge

HON. CHARLES E. MARKERSenior Judge

HON. GARY P. CARUSOJudge

HON. RITA D. HATHAWAYJudge

HON. WILLIAM J. OBERJudge

HON. GILFERT M. MIHALICHSenior Judge

__________

HON. DONETTA W. AMBROSEChief Judge, Western District Court

HON. ILA JEANNE SENSENICH HON. JOSEPH A. HUDOCK HON. JAMES R. KELLEYU.S. District Court Judge Superior Court Judge Commonwealth Court

Senior Judge

IRVING L. BLOOM PAUL J. COSTELNOCK ADA J. GUYTONWorkers’ Compensation Judge Workers’ Compensation Judge Workers’ Compensation Judge

__________

from coast to coast, Man’s laws, not God’s! And if you cutthem down, and you’re just the man to do it, do you reallythink you could stand upright in the winds that would blowthen? Yes, I’d give the Devil benefit of law, for my ownsafety’s sake!

The worry about the criticism of our jurists should, in noway, be a partisan concern, as no one wants any party todemand the ouster of judges whose decisions don’t jibe withthat party’s current “feelings.” In fact, it’s incumbent on usnever to miss an opportunity to defend the independence ofour legal system and courts. Lecture finished.

(I will be busy when the next President’s Message is due, so I’ve asked Larry King to write one of those astuteinteresting funny short columns that he used to write forUSA Today.)

Walthour Inducted into Pitt’sCathedral of Learning Society

Christ. C. Walthour, Jr., was posthumously inducted into theUniversity of Pittsburgh Cathedral of Learning Society on June 24,2005.The Society was established in 1997 to recognize individuals

who have given $1 million or more to Pitt.According to Pitt’s Vice Chancellor Albert J.

Novak, Jr., this leadership support inspires othersto share in the joy of meeting the academic,cultural, and social needs of students, making theUniversity a better place to live, work, and study.“Mr.Walthour is very deserving of this unique formof recognition because he serves as a tremendousinspiration to all of our friends, alumni and donors,”says Novak. “His exceptional bequest to create the Christopher C. Walthour, Jr., Endowment in theSchool of Law demonstrates the powerful impactthat philanthropy can have on the School’s educational, research and service initiatives. Thefact that Mr. Walthour earned his own law degreefrom Pitt makes this commitment even more influential.”

A founding partner of Walthour & Garland in Greensburg, Christ. C.Walthour, Jr., was a member of the Westmoreland Bar Association fromOctober 1942 until his death in August 2003.


President’sMessage continued from page 2

WBA Members Honored continued from page 3

▲

Christ. C. Walthour, Jr.

individuals who have made invaluablecontributions to the University and thecommunity.

According to UPG’s Blue & Goldnewsletter, Judge Driscoll’s commitmentto public service is demonstrated by hislong judicial career and military serviceas an officer in the U.S. Navy duringthe Vietnam War. He has served as ajudge in the Court of Common Pleasof Westmoreland County since 1995.He was Westmoreland County’sDistrict Attorney from 1982 to 1994,and practiced as a lawyer from 1970 to 1982.

Judge Driscoll is chairman of thePennsylvania Supreme Court CriminalProcedural Rules Committee and apast president of the PennsylvaniaDistrict Attorney’s Association. He hasbeen a member of the UPG AdvisoryBoard for more than 20 years, andserves on the University Relations andInstitutional AdvancementCommittee.

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WHAT JOBS HAVE YOU HELD PRIOR TO BECOMING AN ATTORNEY?

Tractor-trailer/tri-axle truck driver,brewery worker, mechanic, farmhand.

WHICH WAS YOUR FAVORITEAND WHY?

Truck driver—The pay was good and you could not beat the independence.

WHAT IS THE FUNNIEST THINGTHAT HAS HAPPENED TO YOU AS

AN ATTORNEY?

Rushing to JudgeLoughran’s homelate on a Saturday afternoon inshorts and a T-shirt to get

an order signedreducing bail for ayoung client who was

A

Q

A

Q

A

Q WHAT IS YOURGREATESTREGRET?

Notphoning myfather on his59th birthday thinking I would do itthe next evening. He unexpectedly diedthe following morning.

WHO ARE YOUR HEROES INREAL LIFE?

My father, The FoundingBrothers, Pope John Paul II, Sam Ervin and A.C. Scales.

WHAT ADVICE WOULD YOUGIVE ATTORNEYS NEW TO THEPRACTICE OF LAW?

Don’t be a sole practitioner—we are dinosaurs. Avoid the temptationto take anything that walks through

A

Q

A

Q

A

Qhaving serious emotional problems injail. After signing the order JudgeLoughran insisted I come in and meethis dinner guests, all of whom weredressed to the nines. Despite JudgeLoughran’s assurance that I was a “fine lawyer,” I suspect my appearancebelied the same.

WHAT IS THE QUALITY YOUMOST LIKE IN AN ATTORNEY?

Honesty, and fortunately most ofthe lawyers I know possess this quality.

WHAT IS YOUR FAVORITEJOURNEY?

A week’s vacation with my brother,his wife, some members of his familyand several of his friends at a villa inTuscany. Stimulating conversation, greatfood and drink, and an opportunity tovisit some great places, i.e., Rome,Florence, Siena and the Ferrari factoryin Maranello.

A

Q

A

Q


Spotlight on Denis Zuzik

continued on page 10

the door. For women, avoid beingpigeonholed in Domestic Law unless that is where you want to practice.

WHAT DO YOU CONSIDERYOUR GREATEST ACHIEVEMENT?

Keeping the best woman I know,my wife, for 37 years and with herraising and educating three children.

WHAT IS YOUR IDEA OF PERFECT HAPPINESS?

Doing what you want when you want.

WHAT IS YOUR MOST

TREASUREDPOSSESSION?

The tie pinmy mother gave

my father as a wedding present.

A

Q

A

Q

A

Q

WHICH LIVING PERSON DOYOU MOST ADMIRE?

Lech Walesa. Along with PopeJohn Paul II and Ronald Reagan, he is one of the three individuals most responsible for the freeing ofEastern Europe from the grip of theSoviet Union, thereby hastening itsdemise and changing the course ofEuropean history.

DO YOU HAVE A MOTTO?

None.

WHAT IS YOUR E-MAILADDRESS AND WHY DO YOUGUARD IT SO DILIGENTLY?

What makes you think I have an e-mail address? And who needsanother method of communicationanyway?

A

Q

A

Q

A

QWHAT DO YOU MOST DISLIKE?

Left-wing socialists, Muslimextremists, taxes, big and unresponsivegovernment, federal deficits and death taxes, federal judges who erroneously believe they have a right to rewrite the Constitution in their image.

WHAT IS YOUR GREATESTEXTRAVAGANCE?

Buying an S-Class Mercedes.

WHAT TALENT WOULD YOUMOST LIKE TO HAVE?

An even temperament.

WHAT DO YOU MOST VALUE INYOUR FRIENDS?

That despite my shortcomingsthey are my friends.

A

Q

A

Q

A

Q

A

Q


Spotlight on Denis Zuzik continued from page 9

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It was the best of times, it was theworst of times. Well actually, it wasonly the worst of times, there was

nothing best about it.There I was, the very me who goes

for the rough and tumble of the courtroom the way a bulldog goes forhamburger, the selfsame me who chose“eviscerate” as my private, personalmantra, there I was, facing one of themost important personal injury casesof my career, and I was helpless.

It wasn’t by choice, I assure you.Rather it was by force majeure, and Icouldn’t do a thing about it. The casein question was a medical malpracticecase, a big one, and the trial date hadbeen specially set. Unfortunately it had been set for a time when I had notsufficiently recovered from surgery tofeel strong enough to endure the rigorsof litigation.

Every time oppos-ing counsel stoodup to object Iwhispered to himthat he was ababoon and thathe should shut upand sit down. Notvery professional, yeah, I know, but hewas getting irked and that’s all thatmattered.

However when the defense startedits case, the “troubles” started. Everyquestion defense counsel asked I foundobjectionable, every piece of evidenceirrelevant. I wanted to object, I reallydid, but I couldn’t, it wasn’t my place.Unable to respond, I soon began toshake, then sweat. Once or twice Iactually started to rise to object, onlyto be yanked down by my partner.“You are not trying this case,” she said,“so just sit there and be quiet.”

It had already been continued onceon that account, and I just didn’t thinkI would be doing the client any serviceby continuing it again. So instead Ihad asked a long-time colleague andfriend if he would try the case for me,and he agreed. I would take secondchair and assist. Well, third chairreally; my partner had prepared thecase for trial and she knew it far betterthan I did.

For the first two days of trial or so, I did nothing. I just sat there. Oh,occasionally I would be consulted on a point or two, but basically I just sat.Fortunately there wasn’t much for meto do. The presentation of Plaintiff ’scase went quite well. All the questionson direct examination were fair, appropriate and well reasoned, allobjections were overruled, and Judgeseemed to be smiling at us.

With little else to occupy my time,I devised an ingenious trial strategy.


To-Wit: Back-Seat Lawyer


But you might as well try to restraina thoroughbred stallion (oooh, I likethis analogy) at the starting gate whenthe bell sounds, you might as well tryto shoo off a buzzard from carrion,you might as well try to keep me fromdrooling for Gwyneth Paltrow than tokeep me quiescent in a courtroom.

A moment later, counsel asked aquestion of the primary defense expertwitness that was irrelevant and withoutfoundation. More importantly it wasunquestionably intended to elicit testimony harmful to my case. I could no longer contain myself.

“I object,” I said, rising to my feet. Those were the first words I hadspoken out loud since the case began,and they were greeted with a stunnedsilence. For a moment no one said aword. Even Judge, usually the modelof composure, was taken aback.

It was a really good objection, too,and it most certainly would have beensustained but for the fact that the

question had been asked by my co-counsel.

“What the hell’s the matter withyou?” my partner whispered tactfullyin my ear, but it was too late.

“Do you want me to rule on theobjection,” asked Judge, more amusedthan anything else.

“Uh, no,” I said somewhat sheepishly, “I’ll withdraw it.”


To-Wit: Back-Seat Lawyer continued from page 11

I wanted to

object, I really

did, but I couldn’t,

it wasn’t my

place. Unable to

respond, I soon

began to shake,

then sweat.

“Then I’ll make it,” said opposingcounsel. “It’s a really good objection.”

“Objection overruled,” Judgequickly decided.

“May I ask why?” opposing counselwhined petulantly.

“Lack of originality,” Judge replied,and the trial went on to its ultimate con-clusion without further input from me.

I have promised my partner I would do better. I apologized to myco-counsel profusely. In all respects Ihave been the very essence of contrite-ness about the whole thing. But still atnight, when I turn out the lights, mythoughts turn to trials yet to come.My heart starts to beat a bit faster, Ihear far off in the distance the howlingof wolves and I fall asleep to the dreamof a feeding frenzy of sharks. When Iawake in the morning, I am rested andrefreshed, ready to start another day.

© 2005, S. Sponte, Esq. Can’t get enough Sponte? More articlesare online at www.funnylawyer.com.

Of forty-six cases listedfor the March/April2005 Civil Jury Trial

Term, thirteen settled, nineteenwere continued, one was trans-ferred to non-jury, summaryjudgment was granted in one,one was a summary jury trial,one was a non-jury verdict, oneverdict was from last term, fourverdicts were rendered this term and five were held to thenext term. The jury trial verdicts are summarized below.

LAKE PROPERTIES, INC.,A PENNSYLVANIA CORPORATION

V.JAMES M. BRANT AND JOHN MACPHAIL

NO. 4914 OF 2002

Cause of Action: Breach of Contract

Plaintiff commenced this action as a result of Defendants’alleged breach of an agreement of sale for the purchase ofIndian Lake Lodge, which included the lodge, hotel, golfcourse and business assets, located in Somerset, Pa. The parties entered into the agreement on April 11, 2001, forsale of property in the amount of $2,750,000. Although the agreement provided for a closing date of May 15, 2001,Plaintiff alleged an oral contract for Defendants to take possession of the premises and operate the business prior to closing. In the event the transaction did not close, theproperty was to be returned to the Plaintiff free of debtsand obligations. A closing never took place, Defendantsoperated the business for eight months, and, in January of2002, Defendants notified Plaintiff that they did not intendto go through with the purchase. Due to Defendants’breach of contract, Plaintiff sought to retain Defendants’$50,000 deposit, fair rental value for use of the property,loss of business profits and income, and reimbursement for payment of bills left unpaid when the business wasreturned to Plaintiff. Plaintiff also sought reimbursementfor additional costs incurred to correct unauthorized repairs and alterations made by Defendants to the property.

Defendants averred they attempted to secure financingfor a number of months following the original closing date,and that they remained in possession of the property andoperated the business with the consent of the Plaintiff.Defendants maintained that the contract was terminated by mutual consent of the parties. Defendants denied that

Plaintiff was permitted toretain the deposit under theagreement and denied anyamounts due for lost profits. Intheir counterclaim, Defendantssought reimbursement forunauthorized capital improvements made to theproperty in the amount of$194,000, which enhanced the value of the premises.

Plaintiffs’ Counsel: Christopher R. Opalinski, EckertSeamans Cherin & Mellott, LLC, Pgh; William C.Stillwagon, Gbg.

Defendants’ Counsel: Timothy J. McCormick, Gbg. Trial Judge: The Hon. Daniel J. Ackerman, President

JudgeResult: Verdict in favor of Plaintiff in the amount of

$285,307.14. On the counterclaim, the jury found in favorof Plaintiff/Counterclaim Defendant, Lake Properties, Inc.


March/April 2005 Trial Term

Jury Trial Verdictsby Rachel Huss, Esq., Charles J. Dangelo, Esq., and Jacquelyn A. Knupp, Esq.


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JOANNE T. HART AND JOHN T.HART, HER HUSBAND

V.THOMAS CLOUD AND

DENNIS TOWENO. 7565 OF 2000

Cause of Action: Negligence—Motor Vehicle Accident

Plaintiff was involved in two separateand unrelated motor vehicle accidentswithin less than one month of eachother. Plaintiff sued both Defendantsseparately, but during the course of thelitigation, the cases were consolidatedat this number and term. On April 3,1998, at about 10:39 a.m., Plaintiffwas operating her motor vehicle onFifth Avenue in an easterly direction in the Shadyside section of Pittsburgh,Allegheny County. Plaintiff wasstopped for a red light at the intersec-tion between Fifth and Shady Avenuesand was rear ended by DefendantTowe, who failed to stop at the redlight. On April 27, 1998, at about 2:30 p.m., Plaintiff was operating herautomobile in a southwesterly directionon the Branthoover Cutoff approachingRoute 22 West in Murrysville. Plaintiffwas stopped at the stop sign at theintersection of Branthoover Cutoff and

Towe was not negligent and thatDefendant Cloud was negligent, butthat his negligence was not a factualcause of the injuries complained of bythe Plaintiff.

ROGER DEAN CICHETTIV.

CATHERINE B. KUHNSNO. 6188 OF 2003

Cause of Action: Negligence—MotorVehicle Accident—Arbitration Appeal

This motor vehicle accident occurredon May 10, 2002, at approximately2:15 p.m., on State Route 66 inWashington Township, WestmorelandCounty. While traveling northboundon Route 66, Plaintiff was waiting for a vehicle in front of him to make aleft turn across oncoming traffic.Defendant, who was operating hervehicle behind Plaintiff, failed to stopand collided with the rear of Plaintiff ’svehicle. Both vehicles were driveableafter the accident, and Plaintiff drovehis vehicle from the accident scene.Plaintiff alleged that the accidentcaused various injuries to his neck andupper back, which required medicaland chiropractic care.

Defendant admitted liability andthe parties litigated the issue ofwhether Plaintiff was entitled torecover damages. Defendant con-tended that the accident was not thefactual cause of Plaintiff ’s neck andback complaints. The defense alsofocused on the history and frequencyof Plaintiff ’s chiropractic care, and theminimal amount of damage toPlaintiff ’s vehicle.

Plaintiff ’s Counsel: James R.Antoniono, DeBernardo, Antoniono,McCabe & Davis, Gbg.

Defendant’s Counsel: Scott O. Mears,Jr., Mears, Smith, Houser & Boyle, Gbg.

Trial Judge: The Hon. William J.Ober

Result: Verdict in favor ofDefendant. The jury found thatDefendant’s negligence was not thefactual cause of Plaintiff ’s injuries.

Route 22 West when she was rearended by Defendant Cloud who failedto stop at the stop sign. Plaintiffclaimed injuries to the bones, muscles,tissues and ligaments of the head, neck,upper extremities, lower extremities,back and hips; internal injuries, shockand injury to the nerves and nervoussystem. Plaintiff selected the full tortoption of automobile insurance coverage.

Both Defendants denied Plaintiff ’sallegations of negligence and also con-tested causation at trial. Defendantsargued that Plaintiff had numerouspre-existing conditions as well as a significant history of prior chiropractictreatment for injuries she claimed as aresult of the accidents that were thesubject matter of this lawsuit.

Plaintiff ’s Counsel: Melissa B.Catello, Evans, Portnoy, Quinn &O’Connor, Pgh.

Defendant Towe’s Counsel: Gregg A.Guthrie, Summers, McDonnell,Hudock, Guthrie & Skeel, Pgh.

Defendant Cloud’s Counsel: KennethFicerai, Mears, Smith, Houser &Boyle, P.C., Gbg.

Trial Judge: The Hon. Gary P. CarusoResult: Molded verdict in favor of

Defendants. Jury found Defendant


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Jury Trial Verdicts continued from page 13


WBA Members Admitted toUnited States Supreme Court

Twelve members of theWestmoreland Bar Associationtravelled to Washington, D.C.,

on Monday, March 7, 2005, to beadmitted to the bar of the UnitedStates Supreme Court.

In order to be admitted before theU.S. Supreme Court, the applicantsmust have been admitted to practicein Pennsylvania’s highest court for aperiod of at least three years immedi-ately before the date of application,must not have been the subject of anyadverse disciplinary action during thatthree-year period, must have appearedto the court to be of good moral andprofessional character, and must havesubmitted two written endorsementsfrom attorneys or judges.

Former WBA member Robert P.Boyer, Jr., who now works for theDepartment of Justice in Washington,

D.C., moved for the group’s admissionbefore the Court.

Attending the ceremony were (fromleft to right): Front row: Melissa A.Guiddy, Eileen Chellman Billey,Maureen S. Kroll, Robert P. Boyer, Jr.,

Harry F. Smail, Jr., James T. Boggs,and Richard F. Boyle, Jr. Middle row:Gerald W. Yanity, Ronald J. Fonner,James M. Fox, and Patrick T. Noonan.Back row: Timothy B. Kinney andJames A. Horchak.

A s Americans, we are free tospeak, free to think, free to be… free. That was the message

delivered to students in WestmorelandCounty during the month of May by more than 30 Law Day volunteers:we are “Free to Make a Difference.”

Law Day is a month-long campaignsponsored by the Pennsylvania BarAssociation and county bar associationsacross the state that sends judges andlawyers back to school for classroomvisits in an effort to teach studentsabout the law. This year’s programfocused on letting students know thatby voting, going to school, volunteer-ing and working, we all have the ability, opportunity and freedom tomake a difference in this world.

Once again, the WBA’ s Law Dayactivities were coordinated by Kate

Bitar, Michele Bononi, AnthonyBompiani, Rebecca Brammell,Rebecca Calisti, Allisha Chapman,Charles Conway, Robert Cromer,Michael Dailey, The Hon. John J.

Driscoll, The Hon.Christopher A. Feliciani,Mark Galper, MelissaGuiddy, Christopher Haidze,The Hon. Rita D. Hathaway,Robert Johnston, KathleenKemp, Maureen Kroll,

Morrison F. Lewis, Jr., Mark Mansour,The Hon. Anthony G. Marsili, AngeleaAllen Mitas, Henry Moore, RachelMorocco, Tomm Mutschler, The Hon.William J. Ober, Harry Smail, RobertSpecht, Michael Stewart, George Troutand Kate Wiatrowski.

Wiatrowski, Paralegalfor the Pro BonoProgram. More than 2,100 students in 21 schools were reached by thejudges, attorneys, district justices andparalegals who volunteered this year.

Volunteers who visited classroomsthis year included: Jeffrey Abramowitz,Scott Avolio, Daniel Beisler, Scott


New Member SketchesKenneth M. Baldonieri has been admitted as a participating member of

the WBA. A graduate of Greater Latrobe, Seton Hill and the University ofPittsburgh School of Law, Ken is an associatewith the Shire Law Firm in Monessen.

Sherry Magretti Hamilton was admitted to the WBA as a participating member. A graduate of Hempfield, the University ofPittsburgh at Greensburg and the University of Pittsburgh School of Law, Sherry works with with Harry F. Smail, Jr., in Greensburg.

Glenn E. Klepac has joined the WBA as a participating member. A native of Chicago, Ill., Glenn is a graduate ofCarnegie Mellon University and earned his juris doctor degree from theUniversity of Pittsburgh. He maintains a solo practice in New Kensington.

Elizabeth J. McCall has been admitted as a participating member of theWBA. A graduate of West Virginia Wesleyan College and the Universityof Pittsburgh School of Law, Elizabeth is an associate with Bononi &Bononi in Greensburg.

foundation focusLaw Day VolunteersMake a Difference

▲

The Hon. Rita D. Hathaway visited students at Harrold Middle School in theHempfield Area School District.

▲

“Attorney [Mike] Stewart was absolutelyfabulous with our students. He came down to their age level and used so many appropriate examples for them tounderstand. Everyone had a great time,we will definitely sign up for next year.”

— Mrs. McKenna, 2nd grade teacher,East Hempfield Elementary


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▲

“I love visiting the classroom. The kids are great and the teachersare really appreciative of the visit. I have a great time every year.”

— Allisha Chapman, Law Day volunteer for past three years

“The program was excellent ... [Allisha Chapman] discussed different ways to solve a problem. The children had a great timecoming up with solutions and different ways to accomplish them.”

— Christina Scifo, 5th grade teacher, Mamont Elementary School

▲

“What an honor it is to have someone like Judge Ober to come and visit our students. This just adds to the curriculum weencourage through our classroom. This kind of program makes the student think and possibly spark an interest (law-related orcareer-related) that they may not have had before.”

— Jeff Mansfield, Principal, Hutchinson Elementary

“The Law Day program informsthe students of the importanceof the Constitution, the StateConstitution, and everyday proceedings that will affecttheir lives on a practical dailybasis.”

— Harry Smail, annual Law Day volunteer, atWendover Junior High

▲

Michele Bononi spoke to

5th graders atthe James H.

MetzgarElementary

School.

▲

wba

Actions ofthe BoardAPRIL BOARD RETREAT• Approved free CLE on the topic

of Crisis Management/PracticeManagement for the July QuarterlyMeeting.

• Agreed to have By-Laws Committeecontinue to work on by-laws changes,including executive committee andmembership concerns.

• Agreed to have staff input on whatshould and should not be “membersonly” access on bar website.

• Agreed to assign Past Presidents’Senate with determining the role ofpast presidents in the WBA.

• Decided to charge Mr. Johnston andMr. Geary with working on a plan toinvolve senior lawyers.

• Agreed to run lawyers’ admit dates inorder of seniority in the next issue ofthe sidebar.

• Agreed to honor WBA’s WWII veterans at Holiday Dinner Danceand invite all veterans to attend.

• Decided that Executive Committeewill meet once a month.

• Agreed that board should continue towork informally with Medical Societyand that Mr. Antoniono and Mr.Johnston will be the designees fromthe WBA.

Ligonier) involved in Mock TrialProgram.

• Discussed recognizing attorneycoaches for their community servicewith press releases.

• Learned Young Lawyers Committeechair assignments are: – Social Coordinator: Sherry

Magretti Hamilton– Educational Program: Brian

Bronson. Agreed to schedule sixLunch ‘n Learns for the year.

– Bench/Bar: Matt Prather– Public Service: DeAnn McCoy

• Agreed that Board/YL liaison wouldbe Bob Johnston.

• Decided to install panic bar on frontdoor for easy exit for after-office-hourmeetings.

• Agreed to refer building concerns to the Building Committee: carpet inupstairs room, creating an attorneylounge, completing the kitchen.

• Agreed to have LRS AdvisoryCommittee meet to consider issueswith new program, e.g., how to handle attorneys who do not returnpaperwork.

• Learned that First Commonwealthhas agreed to refer all customersinvolved in closings without lawyerrepresentation to Lawyers Abstract.

• Learned that conflicts occur duringour Bench/Bar Conference thatimpact attendance (LawyersAbstract, PBA board) and agreed tocheck with other organizations in thefuture for scheduling purposes.

• Learned that Milt Munk will bereceiving the prestigious PBFGoffman Award at the PBA AnnualMeeting in Pittsburgh on May 4, recognizing Mr. Munk for his outstanding pro bono service toWestmoreland County.

• Congratulated Mr. Munk for theGoffman Award and thanked him forhis service to the WBF Pro BonoCommittee.


• Agreed to continue to provide community outreach programs—advanced directives, living trust,school violence, employment law—with focus on education.

• Agreed to charge committees withadditional outreach programs.

• Decided to schedule a CLE mediaday as soon as possible.

• Discussed possible name change for Unauthorized Practice of LawCommittee to reflect its role as aconsumer-protection committee.

• Agreed to have Don Snyder, JimWhelton, Aaron Kress serve on the UPL Committee and make recommendations for handling UPL in Westmoreland.

• Agreed to alert members that “Ceaseand Desist” letters will be generatedby the UPL Committee.

• Agreed that Planning Committeeagenda include topic about publicimage, consumer protection.

• Decided that Investment AdvisoryCommittee should have more perma-nent makeup with three to five members and allow committeemembers to serve for longer terms.

• Accepted Investment AdvisoryCommittee’s recommendation forchanges in bar investments.

• Agreed to work closely with PBA tobe in contact with local legislators.

• Agreed to try to get more schools(Norwin, Latrobe, Mt. Pleasant,

news


On The Move ...PATSY A. IEZZI, JR., has

moved to 140 South MainStreet, Suite 201, Greensburg,PA 15601. His phone and faxnumbers remain the same.

GREGORY T. NICHOLShas a new mailing address per 911 emergency serviceschanges. All correspondenceshould go to 215 McKeonWay, Greensburg, PA 15601.His phone and fax numbersremain the same.

LawSpeak“I was married by a judge. Ishould have asked for a jury.”

— Groucho Marx

were in place with assignmentsand plans underway.

– Decided to drop the road cleanupwith the PA clean roadways.

– Planning CLE with Colburn sponsorship in July or August at local eatery.

• Learned that LCL Committee wouldlike to rewrite LCL brochures to sendto the homes of the bar members.

• Agreed to move LCL ad in the sidebar from page to page to drawattention and to solicit articles fromcommittee members.

• Learned that a solicitation to non-members to attend the Bench/BarConference was underway with non-members charged $100 abovemember registration fee.

• Agreed to move the media CLE toSeptember. Attorneys Nakles andPeck along with Journalist MattJunker have already agreed to participate.

• Took action to move the summerquarterly meeting to June 15 in conjunction with Ellen Freedman’sCLE “Getting a Grip,” a law practicemanagement seminar, and to offerfree CLE credits to all attending WBAmembers.

• Agreed to work on a master calendarso that conflicts in scheduling can beavoided.

Living TrustSeminarHeld in NewKensington

The Pennsylvania AttorneyGeneral’s office and theWestmoreland Bar Association

presented a seminar on “How to AvoidLiving Trust Scams: The Truth AboutLiving Trusts” on Tuesday, May 31,2005, at the Clarion Hotel in NewKensington. Approximately 50 attendees heard how Pennsylvanianscan protect themselves and their fami-lies through proper estate planning.

Topics of discussion included:“Avoiding Scams,” by Agent DarleneWestfall from the PennsylvaniaAttorney General’s office; “A Banker’sPerspective on the Uses for LivingTrusts” by Trust Officer Peter M.Saxman; and “Facts About EstatePlanning” by WBA member James R.Antoniono. The Hon. Gilfert M.Mihalich, Senior Judge of theWestmoreland County Court ofCommon Pleas, provided openingcomments, and attendees were able tospeak individually to panelists at theconclusion of the program.

Copies of the WBA-developedbrochure on “The Truth About LivingTrusts” are available for your use. Call the WBA office at 724.834.6730for details.

▲

The Pennsylvania Attorney General’s Office and the WBA were in New Kensington on May31 to present a seminar on “How to Avoid Living Trust Scams: The Truth About Living Trusts.”

MAY 15, 2005• Accepted Membership Committee

recommendations as presented:Sean Griffith, participating; RichardThiele, associate.

• Added Wayne Whitehead and BobLightcap to the Investment AdvisoryCommittee.

• Agreed that Investment AdvisoryCommittee should meet at leastquarterly, should rotate one memberoff committee each year and that JimAntoniono would be named Chair.

• Agreed to encourage Young Lawyersto hold a mini-retreat.

• Approved expenditure of up to$1,000 for a 2005 membershipphoto composite.

• Reviewed current structure of WBAwebsite: local rules, back issues ofthe sidebar and all published juryverdicts are located on the publicside of the website, and the barmembership listing is located behind the members-only page.

• Agreed to publish quarterly numbersfor LRS and a mini-report on theoperation of the new program in the sidebar.

• Heard YL report which included:– Will schedule June Lunch ‘n Learn.– Plan to participate in YMCA

croquet match.– Decided not to have mini-retreat

this year as sub-committee chairs


Westmoreland Bar Association129 North Pennsylvania AvenueGreensburg, PA 15601-2311

PRESORTEDSTANDARD

U.S. POSTAGE

PAIDGREENSBURG, PA

PERMIT #678

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

JULY

13 Membership, Noon

18 Young Lawyers Lunch ’n Learn,Noon

19 Family Law, Noon

Municipal Law, Noon

20 Pro Bono on the Road, New Kensington

AUGUST

10 Real Estate, Noon

Membership, Noon

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 recovery meeting, exclusively forlawyers and judges, is indowntown Pittsburgh everyThursday at 5:15 p.m. Forthe exact location, callPennsylvania LawyersConcerned for Lawyers at 1-800-335-2572.

• 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 is confidential and easy to navigate. Visit it today.

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

11 Bridge the Gap CLE, 9 am–1 pm

16 Behavior-Based CustodyEvaluations CLE, Noon

Board Meeting, 4 p.m.

17 Pro Bono on the Road, New Kensington

18 Elder Law & Orphans’ Court,Noon

19 Young Lawyers CLE, 3–4 p.m.

25 Video Compliance Period CLE, 9 a.m.

29 Planning Subcommittee, 8:30 a.m.

Got News?Do you have news to share with the sidebar? Making Partner?Marriage? Birth? Anniversary? Accomplishments? Send us a fax(724.834.6855), an e-mail ([email protected]), a note by carrier pigeon or any other means and we’ll publish your news inthe next available issue.