The Official Newsletter of The West Virginia Bar ...wvbarassociation.org/assets/pdf/communique/March_Communique_… · Chair. Real Estate Div. Rebecca D. Hardy Chair. Young Lawyers

The CommuniqueThe Official Newsletter of The West Virginia Bar Association


June 2015 | Volume XVII, No. 1

Alexander Macia President

William J. Powell Executive Council

Joyce McConnell Executive Council

Richard Ford, Jr. Executive Council

Ashley W. French Executive Council

Harvey D. Peyton Esq.

James W. St ClairChair. Sr. Lawyers Div.

Pryce M. Haynes IIExecutive Director

James A. RussellChair. Business Law Div.

Christopher R. ArthurChair. Real Estate Div.

Rebecca D. HardyChair. Young Lawyers Div.

1111 6th AvenuePost Office Box 2162Huntington, WV 25722

Phone: 800.944.9822Fax: [email protected]

1886The West Virginia

A

AU G U S T 1 3 T H – 1 5 T H,

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

F A R M I N G T O N , PA

President’s Corner

9

As I look back on the long line of highly respected men and women who preceded me as President of this organization, I am humbled to be counted among them. I can only hope that my stewardship during this brief period in its 129 years will be worthy of their efforts.

My year as President started at the conclusion of the 128th Annual Meeting at The Greenbrier. The predominant theme of the General Sessions was essentially dictated by the water crisis that 300,000 West Virginians endured in January 2014. The speakers addressed disaster response from the governmental, communications, and litigation perspectives. The highlight of the meeting, of course, was the Award of Merit to Judge Frederick P. Stamp, Jr. for his years of devotion to our profession.

Many things have happened since. First of all, we welcome Rebecca Hardy from my law firm as the new President of the Young Lawyers Division. Rebecca immediately put her organizational skills to good use and successfully showcased the Legal Ease Pig Roast entitled “Now that all the Shouting is Over, What Happened, Why, and What to Expect”; a panel discussion led by legislative leaders, representatives from the Plaintiff and Defense Bars, and a prominent political scientist who sifted through the ashes of

the historic returns of the 2014 election and attempted to divine the new direction the voters demanded. And, speaking of change, I bid farewell to our friend Executive Council Member Mary Sanders, who retired earlier this year. Her place was taken by Ashley French, a former President of the Kanawha County Bar Association, and by all accounts a passionate progressive voice for the future. Change is still on my mind, and if you’ve been following legislative events, it’s probably on yours, too. So, with that, I am pleased to announce that your Bar Association’s 129th Annual Meeting will take place at Nemacolin Woodlands Resort in Farmington, Pennsylvania, a short hop over the Mason Dixon line from Morgantown. As I write this, we are still developing our agenda, but I promise you will find it educational and, more particularly, you will find the resort and its offerings simply extraordinary.

Rebecca Hardy organized this year’s Bench & Bar Seminar, called “Lessons Learned from Judge O.C. Spaulding”, which should be another outstanding event. Please mark your calendars for April 2 at the Charleston Marriott. Finally, please mark your calendars for the Business Law and Real Estate Law Annual Conference at Glade Springs on May 1-3. The practitioners in those specialties will be pleased with the content of the programs.

Alexander Macia President

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Save the Date for the 129th Annual MeetingSave the date for this year’s Annual Meeting. A

new venue and new sights you do not want to

miss: Nemacolin, itself, is full of interesting sights

to see and things to do. Golf on the Mystic Rocks

PGA course, take a relaxing visit to the spa or try

your luck at their casino are just a few fun things

to enjoy on the grounds of Nemacolin.

Just a few miles from your hotel are two of Frank

Lloyd Wright’s well known residential designs:

Fallingwater and Kentuck Knob. Kentuck Knob,

blending impeccably with its surroundings, is a

superb example of Wright’s organic architecture.

Commissioned in 1953 and completed in 1956

for the Hagan family of Uniontown, Pennsylvania

(of Hagan Ice Cream fame), Kentucky Knob

represents the realization of Wright’s achievement

during his 70-year career.

Fallingwater is a sight to behold, inside and out.

Designed for the Kaufmann family from Pittsburgh,

of retail department store notoriety, this striking

home was built over a waterfall between 1936 and

1939. It instantly became famous, and today it

is a National Historic Landmark. It’s a house that

doesn’t even appear to stand on solid ground,

but instead stretches out over a 30’ waterfall. It

captured everyone’s imagination when it was on

the cover of Time magazine in 1938.

In addition to all of the interesting and exciting

activities awaiting you and your family, the Executive

Council is planning a superb lineup of seminars. Visit

The WVBA’s website for more information (www.

wvbarassociation.org).

We like the fellowship, the CLE and the opportunity to spend a couple of days at a nice resort with interesting people.

-- James F. Companion Schrader, Byrd

& Companion, PLLC

My wife, Patti, and I are very much looking forward to attending the 2015 West Virginia Bar Association’s An-nual Meeting at Nemacolin Woodlands Resort. We have attended a number of the more recent annual meetings, including the last two meetings at The Homestead, and the 2011 meeting at The Greenbrier. It goes without saying that the venues chosen for the annual meetings are, quite simply, some of the finest in the country.

The annual meetings provide ample and excellent continuing education programs, enjoyable re-ceptions, and special events for recognizing distinguished members of the bar. At the same time, the schedule of events is not overwhelming, allowing Patti and me time to enjoy the great resort amenities available to members, including golf, fine dining and spa activities.

Patti and I have also had the privilege of meeting some truly wonderful people from all over the state at the annual meetings, not the least of whom is Pryce Haynes II and his wonderful family. The impressive list of attendees of the annual meeting cuts across all demographics and areas of the legal profession, providing a wonderful opportunity to better know distinguished jurists sit-ting on the federal and state benches, as well as the invaluable opportunity for networking with attorneys from all over the state.

As for Nemacolin Woodlands Resort, Pryce has selected another spectacular venue, which Patti and I have had the good fortune of visiting in the past. Many argue that the hotel and its ameni-ties at Nemacolin, including the Mystic Rock Golf Course, where a PGA tournament has been played, the spa and the dining, compare very favorably with those of The Greenbrier and The Homestead. Both Fort Necessity and Frank Lloyd Wright’s famous “Fallingwater,” are very near, and should not be missed.

Daniel McCune, PartnerSellitti, Nogay & McCune

Weirton, WV

3



Real Estate Law Division has new Chairman Christopher R. Arthur

Approximately 7 years ago,

Vance Golden, previous

Chairperson of the Real

Estate Division, asked

me to present at The WV

Bar Association’s Spring

Conference. I anticipated

that I would speak, attend

the CLE to get my required

credits, and then go my

merry way back home. To

my pleasant surprise, this

seminar was much different.

In particular, there was and still is genuine fondness

among the attendees. Those relationships foster a

warm and inviting atmosphere where all attendees freely

participate. Interaction is constant with questions

going back and forth during and after the seminar. The

attendees genuinely want to help their fellow colleagues

deal with the various challenges of practicing law. For

example, that seminar session which occurs annually, had

a round table arrangement where questions were thrown

out for the attendees to ponder the best way to approach

a legal issue. At this first seminar, I left the seminar with

my head spinning as I tried to digest the various high

level real estate problems, ethical quandaries, and other

challenges discussed in great depth.

Unfortunately, the legal profession has become way too

fast. Collegiality among lawyers is dying. I recall having a

conversation with a senior partner at my first job where he

described his cases when he was my age. He explained

that he would meet with the other side and try to reach

an agreement; if they could not, then they would try the

case. After the trial, they typically would go get a drink

and have a nice dinner for the sole purpose of enjoying

each other’s company. He lamented that he rarely sees

that happen anymore.

In the spirit described by that lawyer, this Association

recognizes the importance of developing those types of

relationships and works very hard to promote them. Due

to that reality, I became a regular speaker and annual

attendee. Every single year I have had the same positive

experiences. I also have developed great relationships

around the State. Those relationships have helped

develop a network of other lawyers who now are my

friends, and who also have been willing to help me deal

with challenges.

Now, it is my great honor and pleasure to have been

elected to take over as the Chairperson of the Real

Estate Division. I am replacing very big shoes in the

very amicable Vance Golden, but I assure you that my

goal remains the same as his. And that goal is to ensure

we continue to foster a very positive atmosphere where

lawyers have a chance to enjoy each other’s company

and to gain something positive to add to their respective

practices.

I hope to see all of you at this year’s Spring Conference.

I am confident that anyone who attends for the first time

will leave with the exact same positive impressions that I

experienced 7 years ago.

John Fisher is presented a token of appreciation for his long standing dedication and support of The WVBA Real Estate Law Division. From left to right: Jim Russell; Jim St Clair; meeting sponsor Laura Wareheim, V.P. and State Manager of First American Title Insurance Company; John Fisher and Vance Golden, Chairman of the Real Estate Law Division.



4

The Executive Council Has Three New MembersHarvey D. Peyton, a native of

St. Albans was admitted to

practice law in WV immediately

upon graduation from the West

Virginia University College of

Law in 1974. After a one-year

clerkship with Chief Judge

Robert E. Maxwell of the

United States District Court for

the Northern District of West Virginia, Mr. Peyton began

practicing in the law office of Andrew J. Goodwin with a

concentration on insurance defense trial work. In 1977,

Mr. Peyton began practicing in Nitro, representing a wide

range of civil litigants.

He was elected to the Executive Council at the 2014

Annual Business Meeting at The Greenbrier. Harvey

has been active in The WVBA for the past several years

and will serve a six year term on the EC culminating in

being president. Mr. Peyton has been practicing law for

41 years.

While at WVU College of Law he was the Articles Editor

for the Law Review and member of the Order of the Coif.

In 1977, Mr. Peyton began practicing in Nitro, West

Virginia, representing a wide range of civil litigants.

Currently, he concentrates his practice on plaintiffs’ civil

and criminal defense trial work in the Circuit Courts of

Kanawha, Putnam and Mason Counties of West Virginia,

and in local federal district courts. He is a member of

the Kanawha and Putnam County Bar Associations,

the West Virginia State Bar, the West Virginia Bar

Association and the Association of Trial Lawyers of

America. He is a past president of the West Virginia Trial

Lawyers Association being City Attorney for St. Albans

and Buffalo, WV, Municipal Judge for Nitro and Mental

Hygiene Commissioner, Putnam County, West Virginia.

In addition to his law practice: Harvey is a member of

Mountaineer Athletic Club, WVU Alumni Association (Life

Member), WVU Foundation Woodburn Circle Society,

WVU College of Law Dean’s Partner, WVU College of

Law Development Council, West Virginia Trial Lawyers

Association (past president), West Virginia State Bar, West

Virginia State Bar Foundation Fellow, West Virginia Bar

Association, Putnam County Bar Association, Kanawha

County Bar Association, Association of Trial Lawyers of

America, Consumer Attorneys of West Virginia. Peyton

has served on the Board of Directors of The Avampato

Discovery Museum at the Clay Center for the Arts and

Sciences in Charleston, the Board of Directors of the

Putnam County Museum in the Community, and the

Board of Directors of the Sunrise Museum in Charleston.

He is a member of the Collections Committee of the

Huntington Museum of Art and a former president of

The Juliet Museum of Art Collectors Club. Peyton’s art

collection of nearly 200 pieces is mostly 20th century

American art. Many of the works hang either in the

Nitro offices of the Peyton Law Firm or are available for

personal viewing or loan to academic, civic and cultural-

interest groups. Harvey is committed to serving his

community and is

a philanthropist.

Harvey D. Peyton Esq.



5

When Mary Sanders retired from the practice of law and

moved to Georgia, Ashley French of Charleston was

selected on January 16th to fill Mary’s remaining term

on the Executive Council. Ms. French is a Partner of

Dinsmore & Shoal LLP out of their Charleston office. She

regularly advises employers as to the implementation of

employment policies, provides training to employees,

and conducts internal investigations on employee

complaints. She has had a particular focus on

discrimination claims, sexual harassment claims, and

claims for wrongful discharge and retaliation.

As part of her work with

employers, Ms. French has an

active practice in construction

litigation and claims for

deliberate intent. Throughout

her legal career, she has

consistently practiced in the

field of insurance defense

litigation, including bad

faith. Ashley has also assisted employers with audits

conducted by the Department of Labor and Wage and

Hour Division.

She has focused a considerable part of her practice

on assisting employers and credit unions with various

employment issues and litigation arising under the

Federal Credit Union Act and the West Virginia Consumer

Credit Protection Act.

Ms. French has trial experience in both state and federal

courts involving: workers’ compensation discrimination

claims, deliberate intent, wage payment and collection

cases, public policy claims, retaliatory discharge,

trade secret protection, RIFs, restrictive covenants,

transportation and trucking, and personal injury.

Rebecca D. Hardy assumed the chairmanship of The

WVBA’s Young Lawyers Division in September 2014.

Becca graduated from Saint Michael’s College, magna

cum laude, with a bachelor of arts in Political Science

and Psychology, in 2007. In 2011, Becca earned a

juris doctor, magna cum laude, from the University of

Richmond, T.C. Williams School of Law. Becca was a

Manuscripts Editor for the University of Richmond Law

Review and a member of Order of the Coif.

Becca is currently an

associate at Spilman Thomas

& Battle, PLLC. Her primary

area of practice is general

litigation, including toxic torts,

products liability, and medical

monitoring. She is admitted

to practice law in both West

Virginia and Virginia. She is a

member of the current class

of Leadership West Virginia.

Ashley W. French Executive Council

Rebecca D. Hardy Chairman, Young Lawyers Division



6

Senior Law Division Chair Jim St Clair, Business Law Division Chair Jim Russell, Real Estate Law Division Chair Vance Golden and WVBA past President Logan Hassig

Alison Deem with Jim Russell.

Mickey St Clair with Sherry Miller

Program panelists Rick Pill, Charles Dunbar and Bill Wilmoth with panel moderator and WVBA President Jim Gardill.

BLD Chair Jim Russell, RLD Chair Vance Golden with First American Title Insurance Company representatives Laura Wareheim and Bryan Rosenberg, Senior Vice President and Home Office Underwriter.

WVU President Emeritus and Professor of Law David Hardesty with Adam Stewart, meeting sponsor First American Title Insurance Company representative.

Business Law Division Plans Agenda for their Spring Conference at Glade Springs James A. Russell, Chair of BLD

The Business Law Division (“BLD”) is finalizing plans for

the Spring Conference on Saturday, May 2, 2015, at Glade

Springs. The theme for the conference is Community

Development. The past few decades have witnessed the

decline of several traditional industries in West Virginia and

a consequent economic malaise in many communities.

More recently, leaders across the state have begun to

recognize that a key to improving our economy will be the

extent to which we aggressively tackle the redevelopment

of our communities.

This seminar will focus on several aspects of community

development, including: • a community’s comprehensive plan and land use regulations

• the ability of a community to adjust its reach through annexation

• the “community profile” that is calculated to attract

new business

• the role of state and regional development offices

• methods for financing local development projects

We’ll also look at programs that address two common

obstacles to local development - vacant and dilapidated

structures, and environmentally distressed properties.

Following the seminar, we’ll join the other Spring

Conference attendees at the WVBA Derby Day party. All in

all, the Spring Conference should be both an enlightening

and an entertaining event.

On a more general note, I want to take this opportunity to

encourage you to renew your WVBA membership. If you

are not a WVBA member, please seriously consider joining.

The WVBA has no rival in West Virginia for delivering top

flight CLE programs, coupled with excellent networking

opportunities. Oh yeah. We also have a lot of fun! Hope

to see you at Glade Springs. Bring a friend with you!



7

Mike Sickler and Ashleigh Day

LexisNexis meeting sponsor representatives Julie Kaplan, Beth Kavitz and Breigh Marling with Business Law Division chair Jim Russell.

WVBA Past President Andy Miller with Alison Deem and his wife Sherry and WVU President Emeritus and Professor of Law David Hardesty

Dean Emeritus John Fisher with RLD Chair Vance Golden

Christina and David Palmer



8

Tom Booth and Duane Rosenlieb


Christina Palmer

Joe Gompers with Pryce Haynes II Barbara Chakmakian, Deborah Hassig and Connie Golden

WVU President Emeritus and Professor of Law David Hardesty with Julie Haynes

Deborah Hassig with WVBA Administrator Frema Wilson

Meeting sponsor First American Title Insurance Company representatives: Adam Stewart, sales rep.; Laura Wareheim, Vice President and WV State Manager; Al Watterson, Regional Underwriter; and Paul Trefz, Vice Pres. and Senior Regional Underwriter.

Chris and Lora Arther with Lisa and Brian Hopkins

Event sponsor LexisNexis representatives Breigh Marling, Julie Kaplan and Beth Kavitz.

Clyde and Cathy Smith, winner of the Ladies Fancy Hat Contest

Charles Dundbar receiving his honorarium for presenting a seminar from Jim Russell, chair of the Business Law Division.

First American Title Insurance Company representative Paul Trefz and his wife Betsy



9



James and Ruthann Bauerle from Pittsburgh and WVBA past President Logan Hassig

RLD Chair Vance Golden presenting honorariums to seminar presenters Paul Trefz and Bryan Rosenberg both with meeting sponsor First American Title Insurance Company

BLD Chair Jim Russell with Brian Hopkins and Zach Wallen

Julie and Pryce Haynes

Mickey St Clair with Sherry Miller and Connie Golden

RLD Chair Vance Golden with his spouse Connie

Julie Haynes

Judy Fisher

Seminar presenter Dean Boland



10


Helen Altmeyer

Peter Chakmakian with his daughter Alice

Pryce Haynes presenting Terry Rodgers’ Kentucky Derby first place winnings Congratulations Terry!

Real Estate Conference Sponsor representative Al Watterson, Regional Underwriter for First American Title Insurance Company and his wife Connie

Deborah Hassig

Julie Haynes with Joe Gompers WVBA Past President Pat Deem and his wife Alison

Judy and Rob Fisher

Julie Haynes, Logan and Deborah Hassig



11

The West Virginia Bar Association held its 128th Annual Meeting at The Greenbrier, August 7 - 9, 2014. Founded in 1886, The WVBA is among the oldest Bar associations in the United States and is the oldest in West Virginia. Several speakers/panelists participated in seminars, among them were:

• Paul Trefz, Vice President and Senior Regional Underwriter, First American Title Insurance Company• Marvin Masters, The Masters Law Firm, LC• Gretchen Callas, Jackson Kelly PLLC• Peter Markham, General Counsel to the Governor of West Virginia• Joe Carey, CEO of Carey Strategic Communications• Erick Mullen, Managing Director of Mercury Public Affairs• Ralph H. Baxter, Jr., Orrick Herrington & Sutcliff LLP• Daryl Shetterly, Orrick Herrington & Sutcliff LLP• John W. Fisher II, Dean Emeritus WV University College of Law• Audy Perry, Huddleston Bolen, LLP• Linda Beckman, Senior Counsel, Highmark West Virginia Inc.

The meeting culminated with; Alexander Macia from Charleston with Spilman Thomas & Battle, PLLC elected President; William J. Powell from Martinsburg, with Jackson Kelly PLLC being elected President-elect; Joyce E. McConnell from Morgantown, Provost and Vice President for Academic Affairs, West Virginia University; Richard E. Ford, Jr. from Lewisburg, WV, with The Ford Law Firm; Mary H. Sanders from Charleston, WV with Huddleston Bolen, LLP and Harvey D. Peyton, from Nitro, WV with Peyton Law Firm elected to the Executive Council.

WVVBA’s 128th Annual Meeting

Alexander Macia, President

Mary H. Sanders, Re-elected to the Executive Council

Pryce M. Haynes II, Executive Director

Joyce E. McConnell, Re-elected Executive Council Member

James W. St Clair, President of Senior Lawyers Division

William J. Powell, President-elect

Harvey D. Peyton, Elected to the Executive Council

Christopher R. Arthur, Elected President of Real Estate Lawyers Division

Richard E. Ford, Jr., Re-elected Executive Council Member

James A. Russell, President of Business Lawyers Division

The following individuals will remain in their respective position on the Executive Council: James W. St Clair from Huntington, President of the Senior Lawyers Division; James A. Russell with Steptoe & Johnson PLLC, President of the Business Lawyers Divisions; and Pryce M. Haynes II, Executive Director.


A



1412

Tom Booth and Duane Rosenlieb Tom Booth and Duane Rosenlieb


Rick and Donna Pill

Anne Lane and Larry George

The Haynes -- Pryce III, Julie & Pryce II

Robert Lathrop with his wife and Past President Lisa Rose John Hankins with Lori and Joseph Carpenter, representative of meeting sponsor Norfolk Southern

Melinda and Steve Crislip, WVBA Past President Pryce Haynes III with Jennifer and Harvey Peyton, Executive Council member

Past President Rick Pill and his wife Donna with Melinda and Jim Russell

The McNeers: Selden and Julienne with his brother and Past President Greg and his wife Rebecca

Steve Crislip, Leah Macia, Joyce McConnell and John Fisher

Lori and Joe Carpenter, Julie Haynes

Brian and Rosemary Warmuth with Pryce Haynes III

WVVBA’s 128th Annual Meeting

Shannon and Jeffery Vollmer

Joe Amos, Joyce McConnell. WVU Provost & VP for Academic Affairs with Karen Miller



13

Joe Amos, Jessica Pauley and Harvey PeytonJoe and Lori Carpenter with John Hankins and Charlie Love

Seminar presenters Marvin Masters with Masters Law Firm LC and Gretchen Callas with Jackson Kelly PLLC receiving their honorarium from EC member Bill Powell, also from Jackson Kelly PLLC

Executive Council member Harvey Peyton, Past President Charlotte Lane, Jennifer Peyton and Past President Logan Hassig

John and Susie Fisher with Suzy and Lacy Rice Dean Emeritus John Fisher with WVU President Gordon Gee and Laura Erickson

Brian Warmuth

Greg Bowman, WVU College of Law Interim Dean and Joyce McConnell, WVU Provost and V. Pres. for Academic Affairs

Past President Logan Hassig with his wife Deborah and Pryce Haynes

Alex Macia introducing Eric Mullen, managing director of Mercury Public Affairs and Joe Carey, CEO of Carey Strategic Communications

Sponsor Representative Laura Wareheim with Real Estate Law Division Chair Vance Golden

Vance “Shamu” Golden



1414



Meeting Sponsor and Old Republic National Title Insurance Company represetative Brian Gartley and Linda Beckman Executive Council members Mary Sanders and

Jim Russell

Greg, Nikki, Myla and Jack Bowman

The Macia Family: Leah, Alexandra and Alex

Dean Emeritus John Fisher, Past President Charlotte Lane, Susie Fisher, Melinda Crislip

Debbie and Judge David Faber

President-elect Alex Macia presenting outgoing President Jim Gardill with an honorary gavel in appreciatation for his service to The WVBA

Meeting sponsor Laura Wareheim, EC member Bill Powell and Sherry Miller

The Dinsmores: Bob and Debbie with their son and Past President Tyler and his wife Mimi

Bob Lathrop with his wife, Lisa Rose a Past President and Judge Fred Stamp, also a Past President


Meeting sponsor Pryce Haynes III, Past President Andy Miller and Larry George

Leah Macia, Julie Haynes, Lori and Joe Carpenter, Alex Macia

Erick Mullen, Leah and Alex Macia, Joe Carey

Pryce Haynes III, Tia Haney and Frema Wilson



15

The WVBA Past Presidents -- front row: Judge Fred Stamp, Charlie Love, Ronda Harvey, Dick Ford, Jack Bowman, Richard Pill, Robert Steptoe, Charlotte Lane, James Gardill back row: Lacy Rice, CEM Martin, Andy Miller, Tyler Dinsmore, Steve Crislip, Greg McNeer, Lisa Rose, Logan Hassig.


Linda and Mitch Klein

Audy Perry, seminar speaker, with EC member Mary Sanders, both with Huddleston Bolen LLP

Gretchen Callas and Doug Baker

EC member Joyce McConnell with seminar speaker Linda Beckman

Past President Rick Pill with his wife Donna

Melinda Crislip and Sherry Miller

Chris and Lora Arthur

EC Member Jim Russell and his wife Melinda

Greg McNeer with Jennifer and Harvey Peyton

Nikki and Greg Bowman

Lori Carpenter and Pryce Haynes II

Neil Rajapakse with his wife, Past President Ronda Harvey

Meeting sponsor Pryce Haynes III



1416

Real Estate Division Chair Vance Golden presenting honorarium to Paul Trefz, Senior Regional Underwriter and V. Pres. of First American Title Insurance Company for presenting a seminar

President Jim Gardill


Sally and WVBA Past President Charlie Love

Bob and Becky Steptoe with Suzy and Lacy Rice. Bob and Lacy are Past Presidents of The WVBA

Beth Kavitz, meeting sponsor LexisNexis representative and Tara Markham

Debbie and Bob Dinsmore

Neil Rajapakse and his wife, WVBA Past President Ronda Harvey

Deborah and Past President Logan Hassig

Past President Tyler and Mimi Dinsmore Melinda and Jim Russell, Business Law Division Chair

Susie and John Fisher

Past President Logan Hassig with his wife Deb and their guests Rosa and Frank Quesada, Logan’s roommate at Vanderbilt University Law School

Patti Ford, Mary Sanders and Bill Powell

Leah and Alexandra Macia with Joyce McConnell



17

Judge David Faber with his wife Debbie

Heather and Brian Gartley, meeting/golf sponsor with Old Republic National Title Insurance Company

Judge Stamp with Katie Goldman

Judge Fred Stamp with Bob and Becky Steptoe

Golf sponsor, Brian Gartley with Old Republic Title Insurance Company, with Rick Pill and Jim Russell

Mitch Klein receiving LexisNexis door prize from President Jim Gardill

Lori and Joe Carpenter, Norfolk Southern Corporation sponsor representative

Judy and Past President CEM Martin


Meeting Sponsor Pryce Haynes III and WVBA Past President Charlie Love III

Gary and Amy Sacco with Rosemary and Brian Warmuth



1418

First American Title Insurance representatives and meeting sponsors Betsy and Paul Trefz and Laura Wareheim

ABA and WV Bar Foundation Fellows: Left to Right: Steve Crislip, Judge David Faber, John Fisher, Logan Hassig, Lisa Rose, Geraldine Roberts, Lacy Rice, Bill Powel, Harvey Peyton, Judge Stephanie Thacker, Charlie Love, Victor Flanagan, Joyce McConnell, CEM Martin, Judge Stamp, Susan Brewer, Jim Companion, Bob Steptoe, Charlotte Lane and Bob Dinsmore

Judge Fred Stamp receiving the Award of Merit decanter from President Jim Gardill and Judge David Faber

Linda and Jim Gardill

Seminar presenter Marvin Masters with Masters Law Firm LC

WVBA Executive Council (front row) James Russell, Richard Ford Jr., James Gardill, Alex Marcia; back row: Chris Arthur, Vance Golden, Mary Sanders, Joyce McConnell, William Powell and Pryce Haynes

Kathie and Doug Lee, Executive V.P. of Waynesburg University

Julie Haynes with her son, Pryce III

Judy and WVBA Past President Clarence MartinGolf scramble winners: Susie and John Fisher receiving the President’s Trophy from golf sponsor Brian Gartley



19

Logan and Deb Hassig with Rosa and Frank Quesada

Logan and Deborah Hassig, Frank and Rosa Quesada, Gary Sacco, Brian Warmuth

Daryl Shetterly, seminar speaker and Ralph Baxter, both from Orrick, Herrington & Sutcliff LLP, with Joyce McConnell

Larry George, Anne Lane, Karen Miller, Jessica Pauley and Joe Amos

Andy Miller with Karen Miller, his wife Sherry and Patti and Rich Ford

Becky and Past President Bob Steptoe

Greg, Nikki, Myla and Jack Bowman

Ed Eiland with his secretary Nancy Kirkendall and his son PeteFirst American Titile Insurance Company sponsor Representative Laura Warheim with Pryce Haynes

Jim and Rita Companion

Award of Merit recipient Judge Stamp with his son Andrew, daughter Elizabeth, wife Joan, President Jim Gardill and Judge David Faber



1420

Thomas R. Tinder, Executive Director of the West Virginia

Bar Foundation and member of The West Virginia Bar

Association is the recipient of the inaugural National

Conference of Bar Foundations Excellence Award.

The award, presented at the NCBF midyear meeting in

Houston, recognizes an outstanding contribution to law-

related philanthropy by an individual. In his acceptance

remarks, Mr. Tinder noted that “faith, friends and family

are the true essence of life.”

Mr. Tinder, a member in good standing of The West

Virginia Bar Association currently serves as executive

director of the West Virginia Bar Foundation, the

philanthropic arm of the West Virginia legal profession.

He had previously served as Executive Director of the

West Virginia State Bar for almost 20 years. His career

is marked by his active involvement and leadership

in national, state and community organizations. His

national law-related experience includes his terms

as president and board member of both the National

Conference of Bar Foundations and the National

Association of Bar Executives.

He has also held office in several state-wide

organizations, including president and board member

of the West Virginia Society of Association Executives,

past treasurer and board member of Legal Aid of

West Virginia, past chairperson and board member of

Leadership West Virginia, and past chairperson and

member of West Virginia Commission on National and

Community Service.

Tinder is an American Bar Foundation Fellow and

a West Virginia Bar Foundation Fellow, as well as a

member of the Fourth Circuit Court of Appeals Judicial

Conference. He volunteers for the Read Aloud Program

and We, The People program, and serves as Alternate

Dispute Resolution Mediator-Pro Bono and as a

member of the Selection Committee for the Hearst U.S.

Senate Youth Program.

The NCBF is an independent, voluntary association

of volunteer leaders and professional staff from bar

foundations across the country, providing philanthropic

support for the legal and justice system. The NCBF

hosts meetings held in conjunction with the American

Bar Association.

Thomas R. Tinder Named First Recipient of NCBF Foundations Excellence Award

Danielle Swan Special Events and Social Media Coordinator



21

You may have heard about the Final Integrated Mortgage Disclosures Rule from the Consumer Financial Protection Bureau (CFPB), which was tasked with combining the Truth in Lending Act and the Real Estate Settlement Procedures Act disclosures.

Among many important changes we will be implementing in the future, one item that has a dramatic impact is the mandate of the use of two new documents: the LOAN ESTIMATE and CLOSING DISCLOSURE. Here is what you need to know:

Except for reverse mortgages, your clients will no longer receive an initial Truth in Lending (TIL) form and Good Faith Estimate (GFE), or a final TIL form and HUD-1 Settlement Statement (HUD-1).

The initial TIL and GFE will be replaced with the Loan Estimate, which must be provided within 3 business days of loan application. (Business days will include Saturdays if the lender is open to the public and carrying on substantially all of its business functions.)

The final TIL and HUD-1 will be replaced with the Closing Disclosure, which must be provided at least 3 business days prior to loan closing. This means borrowers cannot close on their loan until at least 3 business days after receiving the Closing Disclosure. (Business days will include all calendar days except Sundays and certain enumerated legal holidays.)

These documents go into effect for loans on which a loan application is taken on or after August 1, 2015. The initial TIL, GFE, final TIL and HUD-1 will continue to be a part of the closing process for reverse mortgages and for transactions on which an application was taken before August 1, 2015.

Expect to hear more from us as we approach the deadline for implementation.

To learn more about these new forms, visithttp://www.consumerfinance.gov/knowbeforeyouowe/

C F P B F I N A L I N T E G R A T E D M O R T G A G E D I S C L O S U R E S

©2014 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAF

First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates.

AMD: 03/2014

Learn more at the May 2, 2015 Annual Real Estate Conference ofthe WV Bar Association

Direct: 304.736.1111Email: [email protected]

Laura A. Wareheim, VP & West Virginia State Manager



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Young Lawyers Division Is Doing Well! November 2014 | Rebecca Hardy, Chair of YLD

On November 13, 2014, the Young Lawyers Division hosted the eighth Annual Legal Ease Pig Roast, Now That All the Shouting is Over: What Happened? Why? What Next?. The post-election analysis featured speakers from both the democratic and republican leadership of the House of Delegates, representatives from the West Virginia Chamber of Commerce and the West Virginia Association of Justice, and political analyst Dr. Robert Rupp. A lively discussion on the historic election results was enjoyed by seminar attendees.

The Annual Bench & Bar Seminar is scheduled for April 2, 2015 at 6 p.m. at the Marriot in Charleston. This year’s event will feature lesson learned from Judge O.C. “Hobby” Spaulding. Judge Joanna Tabit and Judge Phillip Stowers will be joined by Putnam County prosecuting attorney Mark Sorsaia and attorney Tom Peyton to discuss how the late Judge Spaulding impacted their legal careers.

Tom Booth and Duane Rosenlieb Tom Booth and Duane RosenliebRebecca and Tom Tinder with Mitch Klein

Dr. Robert Rupp, Professor of History and Political Science at WV Wesleyan College; Rebecca Hardy, Chair of The WVBA’s Young Lawyers Division; Tim Manchin, Marion County Legislator

Katrina Bowers, Jessica Pauley and Joe AmosTony Shepherd and Will Slicer

Tim Armstead, WV House of Delegates; WVBA President Alex Macia and his wife, Leah; Tim Manchin, WV House of Delegates

Michelle Johnson, Jonathan Storage and Becca Hardy

WV Republican Party Chairman Conrad Lucas with Danielle Swann



23




Terry Rodgers and Tony Shepherd

Adam Harlow and Candice Kines PHA Representative Pryce Haynes III, Jill McIntyre and A. L. Emch

WVBA President Alex Macia, Jace Goins and Harry Bell

Harry Henshaw, Tony Shepherd and Dr. Robert Rupp

Becca Hardy with the Piggy Wiggy

Harry Henshaw and Parween Mascari

Becca Hardy with Parween Mascri

Dr. Robert Rupp and Sally Shepherd

Mitch and Linda Klein with Ben Sheridan

Jim Kirby and Scott Kaminski Jace Goins and Ed Hill



24

Terry and Karen RodgersLexisNexis Representative Tim Horan with Julie Haynes

Mitch and Linda Klein

Pryce Haynes III, Ronda Harvey, Rebecca Tinder and Justin Harrison

Chris Ross, Angela Vance, Michelle Johnson and Elliot Hicks

Linda Klein, Ben Sheridan, WVBA Senior Lawyers Division Chairman Jim St Clair, Jay Golden, Mitch Klein

Ben Sheridan, Mitch Klein, Michael Cary and Patrick Timony

Danielle Swann and Leah MaciaRebecca Hardy with program panelists Tim Bailey; Danielle Swan, WVBA Social Media and Special Events Coordinator; Parween Mascri, WV Chamber of Commerce; Tim Armstrong, WV House of Delegates



25

During the 128th Annual Meeting,

The WVBA presented its prestigious

Award of Merit for “…outstanding

lifetime of distinguished service to the

legal profession and/or the judiciary

in West Virginia,” to Honorable

Frederick P. Stamp, Jr., Senior Status

Judge, Northern District of West Virginia. Presentation

of The WVBA’s highest award was made by The

WVBA’s President, James C. Gardill, with assistance

from Honorable David A. Faber, Senior Status

Judge, Southern District of West Virginia, who made

introductory remarks about Judge Stamp.

Past recipients of the Award of Merit are: • Edward I. Eiland• John O. Kizer• Charles R. McElwee• Charles F. Bagley, Jr.• Honorable Thomas B. Miller• John L. McClaugherty• Robert M. Steptoe, Sr.• Honorable Robert E. Maxwell• G. Thomas Battle• Howard M. Persinger, Jr.• Dean John W. Fisher II• Honorable John T. Copenhaver, Jr.• Thomas E. Potter• James W. St Clair• Forest J. Bowman• Honorable Irene M. Keeley • WVU College of Law Professor Franklin D. Cleckley

WVBA Presents Award of Merit to Dick Ford

Judge Stamp Receives Award of Merit

During the 129th Annual Meeting at Nemacolin Woodlands, The WVBA’s Award of Merit will be presented to Richard E. Ford. Dick is past president of The WVBA and the WV State Bar. He is also chairman of the WV Commission on Uniform State Laws and past secretary of the

Executive Committee of the National Conference of Commissioners of Uniform State Laws.

Among his many business and civic leadership positions, he served in the WV Legislature (’61-’64) and serves on the board of the following organizations: WVU Foundation, Faculty Merit Foundation of West Virginia, Board of Directors, Daywood Foundation,

Vice President and Board of Directors West Virginia Power, First National Bank of Roncevert, Greenbrier Community College and on the Advisory Board of the Buckskin Council of the Boy Scouts of America.

Additionally, Dick is a Fellow of the American Bar Foundation, the WV Bar Foundation and the American College of Real Estate Lawyers. He was recognized as an Outstanding Alumnus by WVU in 1988, where he was a member of Phi Beta Kappa and became a member of the Order of Vandalia in 1983. In 1980 he was recognized as an Outstanding Alumnus of the WVU College of Law where he received his LLB in 1954. Dick lives in Lewisburg with his wife, Sally, where he has practiced law since 1954. He has three children: Melinda Walls, Sally Harder and Richard (Rich) E. Ford, Jr., who practices law with his father and is a member of The WVBA’s Executive Council. Rich’s son, Richard Grady Ford from Charleston, WV is also a lawyer.

Dick Ford

Frederick P. Stamp

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06/16/14 Richard K. Wehner Kingwood, WV

06/24/14 Jerry D. Hogg Hurricane, WV

07/04/14 William H. Rardin III Hurricane, WV

07/18/14 James M. Bradley, Jr Parkersburg, WV

07/25/14 Leonard J. Tost Weirton, WV

08/07/14 Thomas Mullins Madison, WV

08/13/14 John F. Kay, Jr. Richmond, VA

08/20/14 George C. Leslie Milwaukie, OR

09/20/14 Larry Losch Nettie, WV

09/29/14 James D. Miller Wheeling, WV

10/03/14 James Kalo Parkersburg, WV

10/19/14 Anthony F. Serreno Dunbar, WV

10/23/14 Judge Daniel B. Douglass Vienna, WV

11/14/14 Benjamin P. Brown, Jr. Lewisburg, WV

11/22/14 Samuel A. Fleshman Tacoma, WA

12/02/14 Louis R. Tabit Montgomery, WV

12/10/14 O. C. Spaulding Hurricane, WV

01/04/15 Pat Ray Hamilton Fayetteville, WV

01/06/15 Lora M. Lake Huntington, WV

01/07/15 Gov. Arch A. Moore, Jr. Glen Dale, WV

01/12/15 Gregory W. Bailey Morgantown, WV

01/23/15 Benjamin Witten Price Charleston, WV

02/13/15 David J. Lockwood Huntington, WV

02/18/15 Richard E. Tyson Huntington, WV

02/25/15 A. Michael Perry Huntington, WV

We wish to thank our loyal Bibliographer, Edward I. Eiland for his relentless assistance in

assembling this list. Ed is one of our more senior members who reached the young age of

95 on February 3, 2015. Happy Birthday ED!

In Remembrance

27



The following were sponsors of our 128th Annual Meeting and Fellows Luncheon, Real Estate and Business Law Conference and the Young Lawyers’ Legal Ease. Should you have an occasion to see one of these sponsors or anyone associated with a sponsor, please express our appreciation for their generous support. The help of our sponsors greatly enhances our programs and a personal acknowledgement of their support is the best “thank you” to express:

Sponsors in 2014 and 2015: The Bell Law Firm, PLLCBowles Rice LLPBrewster, Morhous, Cameron, Caruth, Moore, Kersey & Stafford, PLLCCampbell Woods PLLCCSX CorporationFirst American Title Insurance CompanyFlaherty Sensabaugh Bonasso PLLCHighmark West Virginia Inc.Huddleston Bolen LLPJackson Kelly PLLCLewis Glasser Casey & Rollins LLPLexisNexisMartin & Seibert LCThe Masters Law Firm, LCMinuteman PressNorfolk Southern CorporationOld Republic National Title Insurance CompanyPeyton Law Firm, PLLCPhillips, Gardill, Kaiser and Altmeyer, PLLCPryce Haynes AssociatesSchrader Byrd & Companion, PLLCSpilman Thomas & Battle, PLLCSteptoe & Johnson PLLCThe Law Office of Carl J. Roncaglione, Jr.WesBanco Bank, Inc.The West Virginia Bar Foundation

Members that joined in 2014 and 2015: Nicklaus Presley, CharlestonAn Marie Morelli, WeirtonKatie LeeAnn Hickman, CharlestonTodd R. Meadows, MorgantownTrudy H. Goff, MorgantownJohn R. Angotti, MorgantownAshleigh N. Day, MorgantownEvelyn Raeann Osborne, PrincetonAngela R. Moore, CharlestonLisa Ann Hopkins, CharlestonLora Ann Dyer, RipleyRobert D. Berryman, MorgantownGregory W. Bowman, MorgantownBenjamin M. Sheridan, HurricanePatricia Proctor, HuntingtonRebecca D. Hardy, CharlestonChristie Ann Shaffer, MorgantownPatrick D. Johnson, CharlestonLeah M. Macia, CharlestonEric Salyers, Proctorville, OHHarry P. Henshaw, CharlestonThomas R. Tinder, CharlestonAdam T. Harlow, HuntingtonEileen M. Fairlie, Pittsburgh, PAMegan Williams, MorgantownRuth Spangler, TrueJuston Moore, HuntingtonJoshua A. Johnson, CharlestonE. Edison Hill, CharlestonWilliam R. Slicer, CharlestonKevin A. Nelson, CharlestonJason E. Wingfield, MorgantownAshley A. French, Charleston

Thanks to our sponsors and members!


AP.O. Box 2162Huntington, WV 25722


A

129th Annual Meeting of the

For more information on the 129th Annual Meeting, or other events and WVBA information,

please visit our website:

www.wvbarassociation.org

Word to the wise: reserve your room asap as hotel could sell out the weekend of meeting!

Nemacolin Woodlands ResortFarmington, PA

August 13-15, 2015

Documents

The Official Newsletter of The West Virginia Bar ...wvbarassociation.org/assets/pdf/communique/March_Communique_… · Chair. Real Estate Div. Rebecca D. Hardy Chair. Young Lawyers