THE NEWSLETTER OF THEWESTMORELAND BAR ASSOCIATION

VOLUME XXII, NUMBER 5OCTOBER 2010

INTHISISSUE

thesidebar

2 8 WestmocoSportsReport 14 FoundationFocus9 To-Wit: byS. Sponte,Esq.3 BrieflySpeaking 11JuryTrialVerdictsPresident’sMessage

Lawyers In The Pulpitby The Hon. Daniel J. Ackerman

W oe also to you lawyers!For you load people withburdens hard to bear, andyou yourselves do not lift a finger to easethem. Luke 11:46.

Upon reading these words, thethought, though ever so lightly,

crosses our mind:“Oops! What have Igotten myself into?”However, if we readthe footnote to theverse we learn thatthe lawyers referredto are not lawyerswith offices, clients,and CLE credits togather; rather, they areacademics, instructors,and interpreters of

the laws of the Hebrew Bible, oftenreferred to as the Old Testament.Even with that said, the verse seemsto have an unsettling effect upon us.Should we, therefore, be surprisedto learn upon entering church, thatin some instances, whether known tous or not, the person in the pulpitmay be a lawyer?

My interest in the lawyer/clergyduology comes from one of my earlymentors, Orlando Prosperi, whodiscreetly slipped away from hisoverseas office on the Via Veneto toenter a Roman seminary. When heemerged as a priest, his passion for thelaw was not in the least subdued, and

on one or more occasions he removedhis clerical collar to enter the courtas an advocate for the most reviledcriminal defendants. On these pagesyou will hear from some of thoseamong us who, at different times orsimultaneously, have been drawn toboth the bar and altar. Some havemade a complete transition fromlaw to religion, others practice bothprofessions, and yet others havecompleted or are engaged intheological education, but arenot yet practicing clergy.

ROSS BASH

Most of usknow RossBash as alawyer practicing inDelmont. Some ofyou know him fromthe Inns of Court,and those who knowhim well recognize that he is also aminister. He has managed to balanceboth professions to complementone another.

Before entering the ministry, Rossused his lawyer’s skills, and continuesto do so, in the church’s judicialprocess, representing both plaintiffsand defendants, primarily in theforums of the Presbyterian Church,in which he is ordained, and alsoin ecclesiastical tribunals of otherdenominations.

He will tell you that in such systemsthere are two types of cases: “remedial”

and “disciplinary.” Remedial casesinvolve disputes between churchbodies, such as controversies betweena church and the presbytery, the latterbeing roughly the equivalent of adiocese. As in civil courts, thesedisputes may be concluded throughnegotiation, or failing that, by trial.Disciplinary cases, on the other hand,involve charges of misconduct by theclergy. He notes, “The cases run thegamut from plea bargains (althoughchurch officials always seem to comeup with a more savory term) to trialsand appeals to higher jurisdictions.”His writings on such procedures havebeen published in a national churchmagazine.

Since his ordination in 1988, Rosshas taken to the pulpit and ministeredto 14 or 15 congregations (he’s lostcount), in both the PresbyterianChurch and the United Church ofChrist; always as an interim minister,one who serves a church between thedeparture of a former pastor and theselection and installation of a new one;

continued on page 4

�

The Hon. Daniel J.Ackerman

�

Ross Bash

As every organization shoulddo, the WBA solicits yourresponse to the question,“Is the WBA responsive to yourprofessional needs?” We wantfeedback. Now some of you will

remember feedbackas the screechingnoise that happenswhen a microphoneis placed too close tothe speaker system.Obviously, we arenot soliciting thatkind of noise. Butas a practitioner in

2010 who faces the challenges of thestruggling economy, changes in courtprocedures, strides in communicationstechnology, and the attitudes of thegeneral public toward lawyers ingeneral, how do you define yourprofessional needs and where doesthe WBA fit in?

The most critical economic crisissince the Great Depression—regardlessof the cause or who is to blame—hashad an impact on the practice of law.Clients who once were thriving areout of work, out of business, trying toavoid the consequences, placed underincreased regulatory scrutiny, or justplain scared. All of you have seen it inone way or another. It is a changinglandscape that affects who we serve,how we deliver the product, and howwe bill for our services.

The legislature and the courts areconstantly making changes that affectthe practice of law. Some of thesechanges are dictated by technology andthe attempt to manage the volume ofinformation that enters the system. Forexample, we now have paperless filingin the federal courts, a new data sheetfor civil cases in state court, and rulechanges to streamline the process. Thetrend toward more efficiency is not

2 • sidebar OCTOBER 2010

President’s Message

Feedbackby Donald J. Snyder, Jr., Esq.

going to reverse. Fortunately, our localjudges have been responsive to theWBA in considering the employmentof electronic filing in our local courts.When it becomes manageable to doso, I expect that our local courts willembrace some form of mandatoryelectronic filing. Eventually, all ofthe courts are going to move in thisdirection.

On the positive side, when theappellate courts embrace electronicfiling, we can finally dispense withthe need to kill fifty trees in order tocomply with theappellate courts’required numberof briefs andreproducedrecords. On thedown side, thepublic generally—and some ofyou—are notgoing to beequipped tohandle thetechnology. The technology is there,and the law is going to follow, butwhat adjustments will you need tomake in your practice and how canthe WBA assist you?

A related area is the explosion incommunications technology. We havedevices that can remotely access ourcomputer systems, find our locationif we are lost, and alert emergencyservices if we are in distress. We alsohave access to research engines thatare “state of the art” and threatenthe existence of the print media andbooksellers. CLE credits are availableonline, although you need to becareful. As often happens in transi-tions, the Pennsylvania CLE rules donot match the reality—be cautionedthat you are limited in the number ofCLE hours that you can take online

and that the balance must be earned inthe traditional classroom setting.

We thank members of the YoungLawyers Committee who haveattempted to bridge the technologygap. But whether you embrace thenewest technologically sophisticateddevices or not, they can’t be ignored.Holding onto the past may relegateyou to the same fate as the ironpuddlers, the skillful people whoknew how to make iron in smallbatches, but were rendered obsolete bythe systems of production adopted by

Carnegie, Frick,and company.

Attitudestoward lawyers inthe judicial systemare very differentfrom when I firststarted to practicelaw. And, in part,we have ourselvesto blame for thisproblem. Legaladvertising in the

media has cast us as a bunch of sharksin the eyes of the public. In fact, mostof us are not attack dogs waiting to goafter the slightest lapse in conduct inorder to make a fee. But the barrageof advertising sends this negativemessage without the counterbalancingmessage—most lawyers work towardthe resolution of legitimate problems,including seeking redress for harmsuffered by injured persons, ratherthan creating problems where noneexist. The loftier message gets lost inthe shuffle.

If you don’t believe that the courtshave lost respect, notice how peopleare dressed when they come throughthe doors of the Courthouse on anygiven day. Better yet, listen to thecomments about the system from the

continued on page 6

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

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

EDITORIAL BOARDDavid J. Millstein, Esq., EditorBeth Orbison, Esq., Assistant EditorThe Hon. Daniel J. Ackerman, Chief Justiceof a Dwindling Sphere of Influence

Susan C. Zellner, Associate EditorDiane Krivoniak, Managing Editor

thesidebar

McDonaldNamedHonoraryChairmanof WCCCScholarshipProgram

Westmoreland CountyCommunity CollegePresident DanielObara kicked-off the college’s 40thanniversary celebration by announcingGene E. McDonald, a Latrobeattorney and former WCCC trustee, asthe honorary chairman at a scholarshipprogram held Thursday, August 12,for students, parents and donors.

At a private reception, Obararecognized McDonald for his 30 yearsof service on the WCCC board of

this college during his 30 years as aWCCC trustee.”

James Bendel, president of theWCCC Education Foundation boardof directors, also announced thatthe foundation had established a“Gene E. McDonald 40th AnniversaryScholarship” which would be awardednext year.

Following the announcement,McDonald recalled that when thecounty commissionerswere consideringestablishing acommunity college,he told them thatSaint Vincent College,Seton Hill College,and the Universityof Pittsburgh-Greensburgsufficiently servedthe area.

In 1974, the countycommissioners asked him to serve onWCCC’s board. He told them, “Don’tyou remember that I’m the guy whotold you Westmoreland County didn’tneed another college?”

McDonald agreed to serveand helped WCCC to develop astrong financial base and effectivemanagement system during his earlyyears, provided leadership as thecollege expanded its facilities at theYoungwood campus and establishedcenters in Westmoreland, Greene,and Indiana counties. He was alsoinstrumental in establishing theWCCC Education Foundation,which secures scholarships tofinancially support students inachieving their academic andcareer goals.

“In my life, nothing has givenme greater satisfaction than myinvolvement with this college,”McDonald said. �

trustees, which began with hisappointment in 1974, four yearsafter the college’s founding in 1970.During his tenure, he held each officeon the board, including chairman andleadership positions in communitycollege organizations at the state andnational levels.

His dedication to and advocacy onbehalf of community colleges earnedhim the Association of CommunityCollege Trustees (ACCT) – NortheastRegion Trustee Leadership Award in1989 and in 1995, he was electedchair of its board of directors.

Obara said McDonald was “aninstitution builder who helped to craft

Looking for a special wayto remember someone?

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

Since 1991, the Westmoreland Bar Foundation has raisedthousands of dollars to assist the poor, disabled, elderly andchildren in our community. Through the Memorial Program, youcan honor a colleague or loved one with a contribution to theFoundation. Your gift will help serve the needs of our own who havenowhere else to turn for legal services.If you would like to make a gift to the Foundation as

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

BR I EF LYSPEAKING

OCTOBER 2010 sidebar • 3

�

Gene McDonald

a term of service which can lastmonths, or, in extreme cases, years.“It is,” he points out, “intended, verypurposely, to be a transitional typeof ministry, one that requires what is

called in interimwork as a ‘non-anxious presence.’Essentially, aninterim’s ‘job’ isto put himself/herself out of ajob by preparingthe local church

to conduct an effective search processfor a new pastor who will not beencumbered by the accumulated‘baggage’ that might otherwise impedethe local church from moving into itsfuture with a renewed sense of missionand vision. I often compare it to beinga forest firefighter; sometimes you justput out the fire, but other times youneed to start a new fire or two to putout the old fires.”

upon the integration of religious andenvironmental values. But Ross alsohas a personal interest; he met his wifeat a church camp, they were marriedin its chapel, and over the years, theirchildren and a grandchild haveattended the same camp.

CLARK KERR

Clark Kerr,the pastorof the LatrobePresbyterian Church,went from a full-timelawyer to a full-timeminister. A 1980graduate of DuquesneLaw School, hepracticed two years with BuchananIngersoll, and then with firms in FortLauderdale and Boca Raton, alwaysas a commercial litigator. At ageforty-three, married, and with athree-year-old son, he set the legalprofession aside and entered the

After college, Ross struggled, tryingto decide between seminary and lawschool, and chose the latter; perhapsin part to avoid the appearance ofcopying his older brother who wasthen a seminarian. However, herecalls: “The draw of seminary neverabated, so I enrolled in one course atPittsburgh Theological Seminarya few years after I was admitted topractice. One course led to another,then another, then a couple more;altogether, it took me eight years (thusbettering Jacob by a year) of part-timeand evening study to complete myM.Div. (Master of Divinity) degree.”

He later obtained a Doctor ofMinistry degree from LancasterTheological Seminary.

Church camps are one of hisinterests, a subject on which heconducted a nationwide survey forhis doctoral thesis, and which helater revisited in graduate work atWest Virginia University, focusing

4 • sidebar OCTOBER 2010

�

Clark Kerr

Lawyers In The Pulpit continued from page 1

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Pittsburgh Theological Seminary as a full-time student,and took on a student pastorate as well. He had practicedlaw fourteen years. “Many folks,” he said, “were amazedwith my change of profession, mostly as it involvedmoney—what they perceived I was giving up.” It wasnot, however, a spur of the momentdecision; his leanings in that directionwere long-standing. However, “for anumber of reasons (one of which wasthe fact that my Dad was a preacher),I ‘detoured’ into the law.”

With support from his family andfriends, he felt God’s call had directedhim to the right place. As for his“lawyer skills,” he found that they“transferred well—research andthinking, preparation, speaking, butmaybe most importantly, listening.”

“During my ordination examinationin the United Methodist Church,”he remembers, “one of our clergyasked—‘so how have you dealt with your journey from lawto grace?’ An interesting question—both theologically andjurisprudentially.” Apparently, he dealt with it quite well.As a student pastor, he served the United Methodistcongregations in Bradenville and Pleasant Unity; now heand his wife, Jane, are pleased to be back in their hometownof Latrobe.

On the day he was elected pastor at Latrobe, RichmondFerguson, a church member, told Clark he came to “see ifthe congregation would really call a lawyer as their pastor!”

JAY W. LEWIS

There is another Latrobe connectionon our list of lawyer/clergy: JayW. Lewis, who resides there, nowholds the administrative position of statedclerk of the Presbyterian Church’s middlegoverning body in Pittsburgh.

His legal résumé recites his graduationfrom Dickinson Law School in 1970;

four years with the U.S. Army’s Judge Advocate General’sCorps; seven years with Kennametal, eventually becomingsecretary/general counsel; followed by twenty-three yearswith Parker/Hunter in Pittsburgh where he rose tothe positions of secretary, general counsel, and seniorvice-president and compliance officer.

He became an ordained minister in the PresbyterianChurch (USA) in 1996, serving congregations in Johnstownand Mount Pleasant. He left Parker/Hunter in 2005 for hispresent church position.

When I asked whether there is a surprised reaction whenhe tells people he is both a lawyer and minister, Jay said:

“Yeah, there is. Usually it takes the form ofsomeone (incredulous) saying: ‘I don’t know how

you can be a lawyer and a minister!’ That person,of course, is putting way too much confidence in the‘goodness’ of ministers and way too much venom inthe ‘badness’ of lawyers.

“But for me, it’s been a logical merger. When I wasgrowing up, my family served severalchurch denominations in conferenceand camping centers, and myexpectation out of college was to goto seminary. I was diverted from thatcourse by the deep pile library rugand the hushed researching associatesof the Pittsburgh law firm for whichmy college alumni advisor worked.Then I met my wife, Bonnie, inchurch camping; her father andbrother are ministers, and we’vealways been active in the variouscongregations with which weworshiped. Given an opportunity inmy 40s to become a Sunday morning

pulpit supply, it was then a logical progression toattend seminary at night and become ordained as aminister some ten years later.

“The professional disciplines of lawyer and ministerare extraordinarily similar. In both, one evaluatesa stated set of facts against a standard (whether the

OCTOBER 2010 sidebar • 5

�

Jay Lewis

continued on page 6

In both professions,

sometimes you help,

sometimes you

don’t, but the ethical

guidelines are the

same: You do the

best you can within

the circumstances

with which you have

been given to work.

securities code or the Bible),establishes a position, organizesa presentation, enters a podium,and presents the case … whetherbrief, sermon, closing argument,

or preachingmakes nodifference. Inboth disciplines,one is regularlyand activelyengaged incounseling,confidence-

keeping, solution seeking, andlistening to and walking withpersons in deep personal conflictand trouble. In both professions,sometimes you help, sometimesyou don’t, but the ethicalguidelines are the same: Youdo the best you can within thecircumstances with which youhave been given to work.

“I’ve found that my corporatelaw background has been veryhelpful to ministry, particularlywhen dealing with/representingthe church as a separate corpo-rate entity within the broadercivil society. Likewise, I’ve found

wife, Dutcheen (who you mayremember as one of our courtreporters), were, at the time, raisingfour children, and in addition tohis work with the department, hedid part-time pulpit supply. He hasnot pursued ordination, rather, hesays, he is on what some have termed“call waiting.”

“I do not know where Godwill lead, but the journey to-datehas been interesting. AlthoughI am not in the pulpit now, Ihave noticed that as I travel, Ihave engaged in a ministry of‘theological awareness.’ Countlesspeople knowing of my journey

that a theological foundationcan be very helpful in placing alegal question within the greaterhistorical context of society.

“Overall, it’s been a goodcombination.”

WALTER F. CAMERON, JR.

If you represented a client in alicense suspension appeal in thelast two decades, you undoubtedlyhad a pleasant encounter with WallyCameron (Walter F., Jr., if one wantedto be formal), who tried these mattersfor the Department of Transportation.If you haven’t seen him lately, it isdue to his promotion placing him incharge of PennDOT’s western regionaloffice. This is Wally’s full-timeoccupation, but he shared with ushis journey as directed by his faith.

“In 1992, I entered PittsburghTheological Seminary. The full-time program takes three years,the part-time evening program,six years. However, I was on theMoses plan, which took metwelve years to achieve a Masterof Divinity degree in 2004.”That was not because Wally was

inefficient; to the contrary, he and his

6 • sidebar OCTOBER 2010

Past speaker at the National Business Institute’s “Complex Bankruptcy Issues” seminar.

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724-853-2464101 North Main Street, Suite 206A, Greensburg, PA 15601www.gindlespergerlaw.com • barry@gindlespergerlaw.com

Accepting referrals in Chapter 7and Chapter 13 bankruptcies,and commercial law.

Referring family law and criminal law matters,and certain contingent-fee cases.

A Debt Relief Agency helping people file for relief under the Bankruptcy Code.

Lawyers In The Pulpit continued from page 5

Feedbackcontinued from page 2

parties, the jurors, and witnesses. Howdo we help the profession and theCourts gain the respect they deserve?

Let us hear from you. Write,e-mail, telephone, or tell us inperson. The WBA has been a valuablepartner for generations of lawyers andneeds to know how it can continue to

be so in the future. We needfeedback! �

Harry J. SchmidtL icensed Pr ivateI n v e s t i g a t o r

Bonded – Insured

Greensburg, PA 15601

Phone: 724-838-0644Fax: 724-838-0832

want to engage in conversationsabout God, theology, andreligion.

“I have had friends andacquaintances call me or stop mewhen they have problems in theirlives ranging from health issues,to relationship issues, to legalissues. In all cases, they arelooking for a ‘theological spin.’Maybe I should tell them thatmy lowest grade in seminarywas in pastoral care. At times, theconversations are, in retrospect,interesting, to say the least, andforeboding at worst.

“For example, a few yearsback, I had just finished a Fridaylicense suspension day beforeJudge [Bernard] Scherer. Theday was like any other licensesuspension day except at theconclusion of court, JudgeScherer asked me to join himin his chambers. I wasn’t surewhat was in store for me, butsince none of the opposingcounsel were summoned, I knew

The following is a list of WBAmembers (past and present)who have answered the callto serve their faith. The list is,by no means, complete; it isbased on our best knowledge.If you know of anyone wemissed, please let us know.

• Marnie Abraham• Fr. Martin Bartel• Robert M. Carson, Jr.• Percy K. Jones• C. James Kutz• Stephen Langton• Phil McCalister• Fr. Orlando Prosperi• Lisa Steimer (seminarian)

it wasn’t concerning the day’sproceeding.

“Judge Scherer knew I wasa seminary student, in fact, hegraciously provided me withsome Hebrew tutorials while Iwas studying the language. Buton that day, all he wanted to talkabout was theology, eschatology,and ‘heaven.’ He was specificallycontemplating his mortality andhis belief in what was to come.Our conversation lasted overan hour. Later that weekend, hepassed away. I believe God wasa part of our conversation.”While not currently “leading a

flock,” Wally finds his seminarytraining useful, enabling him fromtime to time to discuss with others,who are so inclined, some of life’sultimate questions with theologicalawareness.

Surprisingly, this article does notexhaust the list of lawyer/clergy inour area; for there are yet others who,for various reasons, were unable torespond to a request for input.

OCTOBER 2010 sidebar • 7

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If there is anything to be learnedfrom the experience of our contribu-tors, it must be that the stereotypesoften applied to the practitioners inboth professions are most certainlyerroneous. And what at first seems sopermanent in our professional lives is,nonetheless, subject to change. �

8 • sidebar OCTOBER 2010

by John M. Hauser, III, Esq.

WASHINGTON, PA. – In a remarkableupset, the Westmoreland County BadNews Bears upset the Washington CountyYankees, in a replay of that fateful 1977game, held at the Washington CountyPony World Championship Field.At game time minus 45 minutes,

Westmoreland’s prospects for victoryseemed precarious, to say the least, asthe Westmoreland County young lawyers,who clearly did not contemplate theserious nature of this game, were justbeginning to trickle into the Pony fieldparking lot to witness the end ofWashington’s batting practice.Nicely attired in their matching

uniforms, and sufficiently primed onpre-game pizza and beers, Washington’sYLC looked poised for victory, whileWestmoreland looked famished anddownright ratty. Most of them having noteaten since lunch, Westmoreland’s besthad traveled nearly an hour overtreacherous Interstate 70 to arrive at thegame, and not a single pair of them werewearing even matching caps, let alonematching uniforms.With the clock to game time ticking,

batting practice for Westmoreland beganwith only Brad King, Jim Silvis, MattSchimizzi, and yours truly in attendance.However, additional players began totrickle in throughout batting practice.And despite being famished and wornfrom a hard day’s work, a different kind

follow, both teams began to put onsomething of a defensive clinic. Still, thepress box announcer was sure to keepthings interesting with the occasionalwisecrack. He also had some assistancefrom our own Diane Krivoniak, who,despite being denied a microphone,insisted on offering her own commentarywith sufficient volume that all (reallymost) could hear.In the fifth, the scoring would resume,

but Westmoreland would retain the lead,and after seven innings, WestmorelandCounty had sealed the deal and defeatedWashington by score of 9-8.Still, refusing to call an end to the

fun, and in light of some uncertaintyregarding whether the game was to lastseven or nine innings, the game wasofficially extended, by agreement, tonine. Despite Westmoreland’s onlyfielding error in the bottom of the 8th,Westmoreland would not be denied.Refusing to surrender any additionalruns in the final two innings, andmanufacturing one additional run oftheir own in the ninth, Westmoreland, inepic fashion, secured a 10-8Westmoreland County victory over theWashington County scoundrels.Good job, team, on a job well done!

I truly cannot wait until next year!�

of hunger began to brew in eyes of theyoung lawyers from Westmoco. It wasthe Eye of the Tiger.By game time, Westmoreland County

totaled nine players in all—nearly acomplete team. Better yet, Westmoreland’sYoung Lawyers proceeded one-by-one tothe plate throughout the top of the first,compiling one run, then two more, andadding a fourth, and finally finishing witha five-run first inning. Sara Flasher andGary Alexander arrived, making elevenplayers in all.After beginning their batting order

with two quick outs in as many pitches,Washington would settle down andanswer with four runs in the bottom ofthe first, as their number five hitter—who was reputedly from Brainerd,Minn., and a direct descendant of PaulBunyan—would hit his first of twowalk-off home runs.At the conclusion of the inning—as it

does after the first round in Rocky (orany of the innumerable sequels)—orchestral music with a climactic toneand increasing volume began to playfrom an unknown source, and allparticipating and attending that dayknew that the game was on.Thereafter, the scoring began to settle

down. In the three scoreless innings to

Westmoreland County Sports Report

The victorious Westmoreland County Bad News Bears (from L to R): Front: MichaelQuatrini and Brad King; Back: Mike Stewart II, Jonathan Bompiani, Anthony Bompiani,John Hauser, Jim Silvis, Sara Flasher, Joshua Hall, Matthew Schimizzi, and GaryAlexander.

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by S. Sponte, Esq.

It was a dark and stormy nightagain last evening, just one ofmany I’ve had of late, and they’realways the same. At three a.m., I’msucked into involuntary consciousnessby the raucous swells of lightning andthunder going off inside my head, andthere I lay, fretting much against mywill until way past dawn.

What with all this angst, allthis turmoil, all this sense that I’vecommitted a transgression for whichI will most certainly fry in hell untilcrispy well done, you might properlyconclude I’m practicing family lawagain. But you’d be wrong. This is allabout a lawsuit I’ve recently filed. It’s awonderful lawsuit, creative, intelligentand aggressive, but those exemplaryattributes, usually more than enoughto pilot me through the turbulentemotional seas of litigation, have in

line of fire, and whatelse was I to do?

Oh, I couldhave just saidno. I could haveproffered my clientthe opinion that,yes, she had agreat lawsuit,and that, yes, shehad sustainedsignificant andneedless damages at the hands of amisbegotten assemblage of bullies,villains, and small-town tyrants, butthat, sorry, she would have to getanother lawyer.

But how can I suggest anotherlawyer for this case when I am sodespicably beset by the notion thatthere’s no such thing? Such a doggedand egocentric mindset has its value,to be sure, but it carries with it that

this instance been insufficient tosave me from an inundation bynight sweats.

My client is the plaintiff, an honest-to-God, oh-be-still-my-heart damsel

in distress, and the defendants arethe usual suspects I enjoy excoriating,save one. He is both a colleague and—although he probably isn’t anymore—a friend. I have never before sued acolleague, but unfortunately hisconduct had placed him directly in the

OCTOBER 2010 sidebar • 9

To-Wit: Dark and Stormy Nights

continued on page 10

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

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

Westmoreland Academy of Trial LawyersBest Lawyers in America

Pennsylvania Super LawyersPittsburgh Magazine: Best Trial Lawyers

in Westmoreland CountyPhiladelphia Magazine: Top Attorneys

in Pennsylvania

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

How can I suggest

another lawyer for

this case when I

am so despicably

beset by the

notion that there’s

no such thing?

accursed amalgam in which dark andstormy nights fester and thrive.

When I was an abecedarian,the notion of suing a colleague wasunthinkable. Those were also thesalad days of the minimum fee bill, awonderfully insouciant conspiracy inrestraint of trade which set forth theminimum fee a lawyer could chargefor most services and included theadmonition that charging less wasevidence of unethical conduct. Ithought it to be ridiculous, of course,but it did say something about thecare and camaraderie with whichwe looked after our own. It was agrubby, illegal camaraderie, yes, butif then we were soldiers of fortunewe were also soldiers of a commoncause, and there was something ofcomfort in that.

And where has that comfort gone?How can I ever again have any peace

of mind, any sense of solidarity withmy colleagues, when there are ghastlymiscreants such as me going aroundsuing us?

This morning I had a dream.There both of me stood as twoknights at either end of the joustingfield, one valiant in the finestchain-mail armor, spotless andshining and glinting in the sun,the other villainous in tin, besmirchedby perfidious mire and shieldinghis eyes from the light. Rosalinddrops her kerchief and at it we go.There’s this titanic crash of horse,metal, and men, and then there’sthis dark and stormy thunderingof the ether, and one of us wakesup and is alone. �

© 2010, S. Sponte, Esq.Can’t get enough Sponte? More articlesare online at www.funnylawyer.com.

10 • sidebar OCTOBER 2010

To-Wit: Dark andStormy Nights continued from page 9

Red MassCelebrated

Erie County Court of Common PleasJudge John J. Trucilla (center) wasthe keynote speaker at the 43rd annualRed Mass held at the Bishop William G.Connare Center on Friday, September24. Sponsored by the Diocese ofGreensburg, the St. Thomas MoreSociety, and Saint Vincent Archabbey,College and Seminary, the Mass wasconcelebrated by Bishop LawrenceE. Brandt (right) and BenedictineArchabbot Douglas R. Nowicki (left).The Red Mass dates back to the13th century when it marked theofficial opening of the new term forcourts in most European countries.�

Of thirty-six cases listed forthe July 2010 Civil Jury TrialTerm, ten settled, twenty-onewere continued, two were held forthe next trial term, one summaryjudgment was entered, and two caseswere tried to verdict. The two juryverdicts for the July 2010 civil trialterm are summarized below.

DARLA J. TOTH

V.

DONEGAL COMPANIES, ET AL.

NO. 145 OF 2003

Cause of Action: Breach of Contract—Underinsured Motorist Coverage

On January 10, 2001, PlaintiffDarla J. Toth received physical injurieswhen she was involved in a motorvehicle accident with Charles Arthurs.Plaintiff recovered $15,000.00 fromMr. Arthurs’s insurance carrier for

provisions of her automobile insurancepolicy with Defendant Donegal.Defendant denied her request forbenefits, stating that she had waivedunderinsured motorist coverage in1997, when she made several changesto her automobile policy.

Plaintiff maintained that she neversigned any papers to waive or declineunderinsurance coverage, and claimedthat at no time did she give her consentor authorize her former husbandto sign her name. Plaintiff arguedthat the underinsured coverage wascancelled when her former husbandforged her signature on the waiverforms. Defendant asserted that it owedno obligation to Plaintiff because avalid form rejecting underinsuredmotorist coverage was executed.

Plaintiff ’s Counsel: Darrell J. Arbore,North Huntingdon

those injuries. Because the liabilityinsurance coverage under Mr. Arthurs’spolicy was inadequate to compensatePlaintiff for her injuries and damages,Plaintiff then applied for compensationunder the underinsured motorist

OCTOBER 2010 sidebar • 11

July 2010 Civil Trial Term

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

continued on page 12

Defendant’s Counsel: Scott A.Millhouse, Meyer, Darragh, Buckler,Bebenek & Eck, P.L.L.C., Pgh.

Trial Judge: The Hon. Gary P.Caruso

Result: Molded verdict in favorof Plaintiff and against Defendant.The Court further directed that thedetermination of the amount, if any,of underinsured motorist benefits duebe submitted to arbitration in accordwith the provision of Plaintiff ’sinsurance policy with Defendant.

DEBORA B. URCHEK

V.

RONALD R. HOWELL

NO. 5592 OF 2006

Cause of Action: Negligence—Motorcycle Collision

On August 8, 2004, ThomasUrchek was operating his motorcycleon State Route 6 in Warren County,Pennsylvania. Mr. Urchek’s wife,Plaintiff Debora Urchek, was a

passenger on the motorcycle.Defendant Ronald R. Howell wasoperating a motorcycle immediatelybehind the Urchek motorcycle. TheUrcheks exited State Route 6 onto theramp leading to State Route 62 andcame to a complete stop at the stopsign located at the end of the ramp.As Mr. Urchek was stopped to observetraffic on State Route 62, the frontportion of Defendant’s motorcyclecollided with the back portion of theUrchek motorcycle. As a result of thecollision, Plaintiff was thrown fromthe motorcycle and allegedly sustainedinjuries.

Plaintiff maintained that shesustained post-traumatic migraineheadaches as a result of the collisioncaused by Defendant’s negligent

12 • sidebar OCTOBER 2010

You Have Done Everything Your Client Expected.

Why is he suing you?

Call Tom Auth at 215-830-1389or email Tom at tauth@mlmins.com

www.mlmins.com

Jury Trial Verdicts continued from page 11

Westmoreland County Jury TrialVerdicts from 2000 to the

present are available online atwww.westbar.org/verdicts.

operation of his motorcycle. As a resultof the injuries sustained, Plaintiffclaimed damages of pain and suffering,diminishing or lessening of life’s pleas-ures, and mental anguish. Defendantargued that Plaintiff had a long historyof prior head injuries, headaches, andneck, shoulder, and back problemsthat pre-dated the subject collision.

Plaintiff ’s Counsel: Jeffrey D.Monzo, Galloway Monzo, P.C., Gbg.,and Grey D. Pratt, Hanchak & Pratt,L.L.C., Pgh.

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

Trial Judge: The Hon. Gary P.Caruso

Result: Verdict in favor of Plaintiffand against Defendant in the amountof $2,003.76, representing only theamount of Plaintiff ’s unreimbursedmedical expenses. The verdict did notcompensate Plaintiff for any pain andsuffering or other non-economicinjuries. �

Your honor, Sir,Jeeter, my cellmate, says he is going to sue.After dinner last night, he said a fly followed himback from the dining hall, and when he stood on his bunkto swat it, after it took its rest on the wall of our cell, hefound his reach a little less than what was required todo in that particular fly, and he fell, somewhat headfirst,from his bunk and onto the floor.When his blasphemies directed toward the winged

insect ceased, he pulled himself up onto his bunk, hisface covered with blood from his nose, and vowed tosue a litany of prospective defendants, including the jailfor allowing conditions that enticed flies to dinner; themanufacturer of his bunk for not attaching a printedwarning to his bunk alerting him against using it as abase for launching assaults against high flying andannoying creatures; and against the prosecutor, judge,and jury who put him here, not to mention his ownsorrowful lawyer. He pointed out to me that one of hisfront teeth was chipped, and when I noted that it hadbeen chipped as long as I could remember, he said hesupposed so, but he had never been conscious of it untilnow, and surely, that ought to be worth something.Your honor, I’m trying my best to talk him out of taking

this ill-conceived course because as an informed citizen Iam going to do whatever Ican to advance the cause oftort reform in Pennsylvania.At the library a while back,I read with interest a piecein the paper that said flatout that your tort systemwas one of the principalcauses of the economicdownturn and the absenceof reform was costing ourcommonwealth 55,700 jobs,more than a few of whichmight have been available toa clever fellow like me onceI get out.It states in the article

that there is such a thingas the U.S. Tort LiabilityIndex: 2010 Report, whichranks Pennsylvania 46thout of the 50 states in thequality of its “civil justicetorts climate.” Don’t for aminute think that didn’t setme back on my heels.

Louisiana had its oil spill and nowwe have an unfavorable climate.This harsh rebuke is the resultof scientific evidence produced byprecise measuring and carbondating of “tort losses, numbers oftort lawsuits and lawyers, number ofhuge jury awards, and the presence ofplaintiff-friendly judicial hellholes.”I told Jeeter that our system was teetering on the

brink, showed him the article, and told him that if hefiled suit we would surely plummet to last place. The onlycure, according to the article, is legislative capping ofnoneconomic and punitive damages, reforming joint andseveral liability, and setting maximum contingent fees.Jeeter, however, is never found wanting for a rejoinder.

Pointing a bloody finger at me, he said that none of thiscould be confirmed according to his girlfriend’s motherwho recently retired from the courthouse, and who hadread the self-same article. “Under the dome,” he quotedher, “the last real plaintiff’s verdict—that is, one thatexceeded the offer—is said to have been delivered, bysheer coincidence, during the same week as Custer’sdefeat. The last and only remembered punitive damageaward was for $2,600 sometime in the 90s; and as for

the number of plaintiff’slawyers, most of them arenow attending CLEs onprobate law.”Jeeter then made a

persuasive argument thateven if these “much neededreforms” were in place,they wouldn’t be adeterrent, as there wasno cap low enough to be adiscouragement to him; hewouldn’t engage a lawyer;and he didn’t intend tobe agitated over joint andseveral liability, whateverthat was.Maybe he has a point,

your honor. At least I knowthis: if there is such a placeas a “plaintiff’s hellhole”you’ll never go there basedon the verdicts in yourcourtroom.Your friend,Ricky H. Benbow, Sr. �

OCTOBER 2010 sidebar • 13

Letters to the Judge

The WestmorelandBar Foundationawarded two lawschool scholarships andtwo college scholarshipsto Westmoreland County

residents at a ceremony held August10, 2010, at the WestmorelandCounty Courthouse.

LAW SCHOOL

The Wayne R. Donahue

Memorial Scholarship

Jaime Hickton,a second-year lawschool student atDuquesne University,was awarded $2,100.She graduated fromSeton Hill University

and is employed as a Juvenile ProbationOfficer with Westmoreland County.Jaime resides in West Newton. “In thiscurrent endeavor,” says Jaime, “I havealways felt a strong support from myfamily, friends, and co-workers, butit’s hard to express my appreciation forthe support of the Westmoreland BarFoundation. I look forward to workingin this community and hope to workalongside you all in the future!”

The scholarship is named forWayne R. Donahue, a sole practitionerfrom New Kensington, who was a

This year’s Mock Trial Scholarshipwinners are Matthew Kyper andClaire Stewart.

Matthew Kyperis a 2010 graduateof Penn TraffordHigh School. He isattending Penn StateUniversity to pursue adegree in Business. Heis the son of Christyne and TimothyKyper.

Claire Stewart is2010 graduate ofGreensburg SalemHigh School,and a member of thewinning county MockTrial team. Claire isattending Dartmouth College to studyMathematics. She is the daughter ofWBA members Nancy and GeorgeStewart. �

ABAEvaluatesPro BonoProgram

Thank you to all the attorneyswho took the time to meetwith the American BarAssociation during their August26–27 visit. Your input was greatlyappreciated and will be used inpreparing the report for the Pro BonoProgram. In our exit meeting, the ABA

lifelong resident of westernPennsylvania and an alumnus ofDuquesne University and DuquesneUniversity School of Law.

The Donald Laird Hankey

Memorial Scholarship

This year’s HankeyScholarship wasawarded to AnthonyCanzonieri from WestNewton. Anthony is afirst-year student atDuquesne University

School of Law. He is a graduate ofWestmoreland County CommunityCollege, and California University.Anthony served in the U.S. Army andwas deployed to Iraq where he servedas an Iraqi Police Liaison Team Leaderuntil being wounded in action. Hereturned stateside where he secureda job with Vets4Vets and currentlyserves as Director of SouthwesternPennsylvania. Anthony was awarded$2,500.

The scholarship is named forDonald Laird Hankey, a solepractitioner in New Kensingtonand a member of the WestmorelandBar Association for more than65 years.

MOCK TRIAL COLLEGESCHOLARSHIPS

Mock Trial Scholarships aremade possible through the generousdonations of members of theWestmoreland Bar Association,appropriately titled the FoundingFellows. Over $60,000 was raised bythis group to assure that two $1,000college scholarships could be awardedeach year to deserving mock trialparticipants.

14 • sidebar OCTOBER 2010

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representatives all agreed we arefortunate to have such goodparticipation by the attorneys inWestmoreland County, and also yourdesire to continue to improve the ProBono Program. Once again, thank youfor your attendance at the meeting. �

Volunteersfor Justice

The Pro Bono Program extendsthanks to all the attorneyswho volunteered their timefrom July to September 2010.• Jason Bertram• Raymond Bitar• Marla Blum• Michael Bogush• John Bumbaugh• Brian Cavanaugh• Eric Dee• Michael DeMatt• Rebecca Fenoglietto• Richard Flickinger• Charles Fox IV

• Paul Miller, Jr.• Donald Moreman• Milton Munk, Jr.• Debra Nicholson• Andrew Skala• Robert Specht• Todd Turin• Joanne Wilder• Rachel Yantos �

• Michael Garofalo• Dennis Gounley• Melissa Guiddy• Maureen Kroll• Morrison Lewis, Jr.• Irene Lubin• William McCabe• Philip McCalister• DeAnn McCoy

OCTOBER 2010 sidebar • 15

The WBA Young Lawyers Committee held their second annual fund-raiser to benefitCASA of Westmoreland, Inc., on Wednesday, September 15, at The Headkeeper inGreensburg. More than 50 people attended, including CASA Board President Mary AnnPetrillo, YL Chair Michael Quatrini, and CASA Executive Director Mandy Welty.

Westmoreland Bar Association129 North Pennsylvania AvenueGreensburg, PA 15601-2311

www.westbar.org

PRESORTEDSTANDARD

U.S. POSTAGE

PAIDGREENSBURG, PAPERMIT #678

16 Family Law Committee, Noon

17 Board Meeting, 4 p.m.

18 Elder Law & Orphans’ CourtCommittees, Noon

25 Courthouse closed in observanceof Thanksgiving

26 Courthouse closed in observanceof Thanksgiving

DECEMBER

4 Holiday Dinner Dance

NOVEMBER

10 [CLE] Ethical Considerations inReal Estate Representation, Noonto 1:15 p.m.

11 Courthouse closed in observanceof Veterans Day

12 [CLE] Today’s Technology forthe Productive Lawyer, Noonto 1:15 p.m.

15 Dine Around: The Supper Club,Greensburg, 6:30 p.m.

C A L E N D A R O F E V E N T S L A W Y E R SC O N C E R N E DF O R L A W Y E R SC O R N E R

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

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

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

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

about activities and CLE courses, or to register online.

www.facebook.com/westbar

LawSpeak“It may be true that the law cannot make a man love me, but it cankeep him from lynching me, and I think that's pretty important.”

— Dr. Martin Luther King, Jr.

Saturday, December 4Annual Holiday DinnerDance, Fred Rogers Centerat Saint Vincent College

save the date!