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THE NEWSLETTER OF THEWESTMORELAND BAR ASSOCIATION
VOLUME XIV, NUMBER 1JANUARY–FEBRUARY 2002
INTHISISSUE 2 President’s
Message 9 To-Wit:by S.Sponte5 Remembering
Joe Mitinger3 NominationsAnnouncedfor Board 12 Diva
House13 JuryTrialVerdicts
thesidebar
The Hon. Charles H. LoughranSets April 2002 Retirement Dateby Diane E. Murphy, Esq.
Most of the attorneys ofWestmoreland County, as well as the many
attorneys from the surroundingcounties have come to know Judge Charles H. Loughran as a“no-nonsense” judge, one whoprefers to run his courtroom as aplace of serious business and not aplace to be silly or frivolous.
Although the Judge feels some-what remorseful that he is perceivedas gruff or mean (as he has been toldby some friends), attorneys whohave had the opportunity to presenttheir cases in his court become better attorneys because they arerequired to be well prepared. Whenthey are, Judge Loughran treatsthem with nothing other than professional courtesy and respect.Rest assured that Judge Loughran isalways well prepared for each casethat comes before his bench.
Judge Loughran will be retiring in April 2002, but he will not be astranger to the Courthouse. He willstill have his civil trial schedule towork through, and thinks that hewill be in his office between five andten days per month, at least initially.Thereafter, any work as a SeniorJudge will be interspersed with his
social involvements and his personal hobbies, some new and somereawakened after many years ofbeing sidetracked because of theenormous demands of being aJudge.
After a long and successful careeras a private practitioner, JudgeLoughran was elected to the Court of Common Pleas ofWestmoreland County in 1978,having been nominated by boththe Democratic and Republicanparties. He was then retained foran additional ten-year term inNovember 1987, and again inNovember 1997. On April 23,1997, he was elected PresidentJudge of the Court of CommonPleas of Westmoreland County bythe members of the Court.
The Judge has also taken on some less-than-traditional duties. In 1979, the Westmoreland CountyCommissioners appointed him asthe Chairman of a five-membercommittee to conserve and preservethe oil portraits of the former Judgesof Westmoreland County that nowhang in the various courtrooms.
In December 1993, through the urging of an ad hoc committeechaired by Judge Loughran, restoration and repair to the statuaryatop the Courthouse, “Lady Justice
and Her Two Hand Maidens,” wascompleted.
He was also appointed Co-Chairperson by the thenPresident Judge Gilfert M. Mihalichto study and recommend, if needed,a security system for all entrances ofthe Courthouse property. As a result,security checkpoints were installed,
and remain, at all entrances. Noweveryone who gets stopped andfrisked can thank Judge Loughran.
Judge Loughran’s professionalmemberships and accomplishmentsalso are impressive and extensive. Heis a member of the Westmoreland
continued on page 4
▲
The Hon. Charles Loughran and his wife,Sally, on their way to the opera in Vienna,Austria, in September 2001.
2 • sidebar JANUARY–FEBRUARY 2002
President’s Message
Lunchtime Lamentby John M. Campfield
Totalitarian regimes spendtremendous resources controlling the thoughts
and actions of their people. Thoseregimes seek a single-minded purpose in all that society does.Control is an obsession.
In America we seem to havestruck a new and much more clever
method of control.We provide for wide-rangingavenues of thoughtand action, so longas it is not reallyimportant. We have become masters of hiddenmanipulation,
victims of happy complacency. We simply let people think that they really do not have to think that much to do right and have the good life.
My favorite pied pipers of the“don’t worry, be happy” group are Oprah and Martha Stewart.Between the two, we are fed with allthings needed to lead the good life.Got a family problem? Don’t worry.Oprah’s got the answer. Need somestyle? Just tune in to Martha.Having a spasmodic moment andneed to think? Sit tight. It will pass.Enjoying complacency? Couldn’t bebetter.
Now you ask: “What in the world does this have to do withlawyers and the practice of law?”Well perhaps we, in some ways, areworse than the souls mind-numbedby the media. While we may not beswayed by some mind-bendingmedia spin doctor, we must ask:“Are we doing what we have beentrained and sworn to do when it
comes to matters of significant legalimportance?”
Lawyers are trained as criticalthinkers. We not only take an oath to uphold the law but, as thepreamble to the Code of ProfessionalResponsibility states, a lawyer is a“... public citizen having specialresponsibility for the quality of justice.”
By now, I hope that all of youknow that proposed legislation dealing with “frivolous litigation”has passed each body of the GeneralAssembly, albeit, in slightly differentforms. For reference purposes, it isSenate Bill 406. Thisproposed legislationis, in my opinion,and in the opinion ofsome others, but onepart of a concerted actionto reform Tort Law in Pennsylvania. Thebusiness, healthcare andinsurance interests are, andhave been, spearheadingthis reform. While Idon’t propose to debatethe merits of thisreform on this page,I do express my concern of the relative complacencyand reactionary attitude of a large segmentof the Bar with regard to theseefforts. Simply stated, I fear we are not fulfilling our role as “publiccitizens.”
Reformers like nothing betterthan a complacent opponent and itis not uncommon when the reforminvolves the legal system to have astrategy that implores, “first youblame the lawyers.” The “Frivolous
Litigation” Bill is aimed directly at“blaming the lawyers.”
John Marshall, Chief Justice ofthe United States Supreme Court,writing in Marbury v. Madison in1803, said that “it is a settled andinvariable principle that every right,when withheld, must have a remedyand every injury its proper redress.”The essence of civil liberty consistsin the right of every individual toclaim the protection of the lawswhenever he or she has received an injury. One of the first duties of government is to afford that protection. Every attempt to change
or limit the remedies and redresschanges the rights.
To a great extent Ibelieve the importantlegal issues involved inthe current “reform”efforts have simply
become great lunchtimetalk—hashed, thrashedand lamented, but forgotten sooner than the meal is digested. So I urge all lawyers tobecome more involved;to fulfill all aspects ofour role as lawyers in afree society; and use
our talents to join thedebate that shouldoccur on matters of
such importance to society.
JANUARY–FEBRUARY 2002 sidebar • 3
On Monday, April 1, 2002, the WBA will conclude the 2001–2002 operating year with a complimentary dinner meeting at the
Greensburg Country Club. At that time, a new boardmember will be elected, committees will be recognizedand outgoing Bar President John Campfield will beroasted by Jim Silvis and John O’Connell.
Timothy J. Geary will assume the Bar presidency atthe conclusion of this meeting.
The Bar Foundation will meet ahead of the WBA annualmeeting and Marnie Abraham,Chair of the WBF, will report onthe activities of the past year.Election of new Bar FoundationTrustees will take place and theAttorney of the Year will be honored by the Pro Bono Program.
The Nominating Committee has recommended the followingmembers for the Board ofDirectors and Membership andBuilding Committees.
VICE PRESIDENT:ROBERT I. JOHNSTONRobert I. Johnston has served three years as a Director on theWBA board. He currently chairs the Professional LiabilityCommittee of the PBA and is a member of the House ofDelegates. Bob also serves on the Board of Governors of the
Westmoreland Academy of Civil Trial Lawyers and is afounder, former president and current ProgramChairman of the Ned J. Nakles American Inn of Court.He is also on the board of Clelian Heights School forExceptional Children. A member of the WBA since1984, Bob is a partner in Belden Law in Greensburg.
BOARD OF DIRECTORS:ERIC E. BONONIEric E. Bononi earned a degree inAccounting from the University ofNotre Dame and his juris doctorfrom Ohio Northern University,Claude A. Petit School of Law. Ericsits on the Board of Directors forboth the Westmoreland FayetteCouncil of Boy Scouts of Americaand the Greensburg Uniontown Notre Dame Club. Ericis also an active member of the Greensburg Rotary, theWBA and the PBA. A founding partner of Bononi &Bononi, P.C., in Greensburg, Eric was admitted to theWBA in 1986.
MEMBERSHIP COMMITTEE:JUDITH KARNS CISZEKA WBA member since 1981,Judith Karns Ciszek has served onthe Finance and PlanningCommittees and is currently amember of the Fee Dispute andMunicipal Law Committees. Shespent seven years as an Assistant
▲
Incoming WBAPresident Timothy J.Geary
Nominations Announced forWBA Board, Committees
Do You Know anOutstanding YoungLawyer?
Nominations are being accepted forthe Outstanding Young LawyerAward which will be given out at
the annual meeting on April 1. The criteria for the award are: ethics and integrity; service
to the Bar and its members; leadership; serviceto projects undertaken by the Young LawyersCommittee; overall participation in Bar-relatedactivities; and community service. Nominations
should include a short profile of the attorneyand may be faxed to Harry F. Smail, Jr., at724-836-2041 by Tuesday March 12, 2002.
the sidebar is published as a service to Bar Association members by the Westmoreland Bar Association,129 North Pennsylvania Avenue, Greensburg, PA 15601, (724) 834-6730
David J. Millstein, Editor Susan C. Zellner, Associate Editor Diane Krivoniak, Managing Editor Barbara J. Artuso, Practice Tips Editor
thesidebar
continued on page 10
Bar Association, Pennsylvania Bar Association, and is apast member of the Westmoreland Academy of TrialLawyers and the Pennsylvania Trial Lawyers Association.He is a “Master” and past President of the Ned J. NaklesAmerican Inn of Court.
He was a member ofthe Ethics Committee forPennsylvania Judgesunder the auspices of thePennsylvania Conferenceof State Trial JudgesAssociation, and alsoserved that association asa Zone Representativeand a member of theExecutive Committee forsix years.
On the lighter side, JudgeLoughran has offered his timeand commitment to communityprojects such as the GreensburgCity Planning Commission, theWestmoreland HospitalFoundation Board, he is a pastVice-President of the RetiredSenior Volunteer Program, apast member of the initialCounty Board for the MentalHealth and Mental Retardation Program and a pastDirector of the Westmoreland Symphony.
Currently the Judge is a member of the Board ofDirectors of the Woods-Marchand Foundation/Westmoreland Museum of American Art, where he isserves as Secretary of the Board. Additionally, he servesas a Trustee of the Greensburg YMCA.
Judge Loughran is a lifelong resident of the City ofGreensburg, where he currently resides with his wife,Sally. They have two daughters, Aimee Loughran Bower
of Wellesley, Mass. and Sydney Loughran Wolf ofBoston, Mass. When you ask about grandchildren, Judge Loughran proudly will show you the pictures he keeps on the shelf of his bookcase of his two grandchildren. He is anxiously awaiting the birth
of his third grandchild, who is due any day now.It was during Judge Loughran’s college years that he
first began to travel abroad. On his first trip, he spenta summer in Denmark, and to this day he still learnsof, explores and appreciates other cultures. You mayremember hearing that Judge Loughran was in Austriaon September 11 of this last year, and he had more
than a little difficulty gettingback to the United States and home. He was very concerned for his children
and grand-children wholived in theBoston area.
True toform, JudgeLoughran hasreally preparedand thoughtabout what hewould like todo with his“free” time inretirement.First and foremost, heanticipatesreturning to a time whenhe was mentally free,letting himself
have fun and finding inner happiness. He wants to be the fun-loving guy that he was in his youth, whileappreciating the finer things that have come his way over the years. He has a love of cooking and is planningto audit some cooking classes in the culinary departmentof a local school. He also plans on picking up where he left off years ago with his interest in sculpting andpainting.
Judge Loughran will miss coming to work each day,but he says that he knows it is the right time to retireand he will do so with appreciation and satisfaction withhis career.
4 • sidebar JANUARY–FEBRUARY 2002
Loughran Sets Retirement Date continued from page 1
▲
In June 2000, President Judge Charles H.Loughran (far left) helped welcome the Commonwealth Court to Westmoreland County for a historic session. Also shown (L to R) are then-WBA President Diane Murphy, Commonwealth Court President Judge Joseph T. Doyle, WBA Executive Director Diane Krivoniak and Commonwealth Court Judge James R. Kelley.
Judge Loughran andhis long-time secretaryBarbara Frick.
▲
by John N. Scales, Esq.
W hen I first learned that Joe Mitinger haddied, I immediately
remembered twoincidents thatoccurred in the early 1950s. Bothincidents show what kind of a man Joe was.
In the early 1950sJoe was a student atYale, and after one of the holidaybreaks, my father,A.C. Scales, drove
several of us, including Joe and myroommates, back to school.
In those days it was an eleven-hour drive. When we arrived atschool, at about 8:00 p.m. on
that night was a character trait thatstayed with him his whole life.
During Joe Mitinger’s last year at Yale, he was captain of the football team, and Joe’s team was achampionship team that year. Joeplayed in the defensive line, and inthe last game of the season againstHarvard, Yale was leading by a verylarge score in the final minutes ofthe game. Harvard had the ball, andan outstanding running back begana sweep to his right. Joe had brokenthrough the line and was about tomake a tackle when his opponent’sknee gave out, and he began to fall.Joe, knowing that this player had abad knee and knowing that severalof Joe’s teammates were right behindJoe, threw his own body at his own teammates and blocked them,preventing an almost certain serious
Sunday evening, we told my fatherthat he could use one of the beds inour dorm room and one of uswould sleep on the sofa.
My father replied, “There’s noneed to do that, I have to leave rightaway and drive back because I haveto be in court in Greensburg at 9:00tomorrow morning.” None of us, of course, could believe it, but myfather left the dorm and headed forhis car. Joe Mitinger left also to goto his dorm.
A few days later we learned thatJoe had followed my father to his car and rode all the way back toGreensburg with him that night justto make sure that he stayed awake at the wheel and to help with thedriving if necessary.
Joe missed classes the next day,but was able to get back to schoolthe following night. Joe’s concern
JANUARY–FEBRUARY 2002 sidebar • 5
Remembering Joe Mitinger
continued on page 6
▲
Joe Mitinger
injury to the Harvard player. As aresult of this unselfish act, JoeMitinger received the Swede NelsonSportsmanship Award from theGridiron Club of Boston.Unselfishness and quick thinking aretwo other characteristics that stayedwith Joe throughout his whole life.
Joe Mitinger was born onOctober 27, 1930, in Greensburg.His parents were Robert B. andLucy E. Mitinger. Joe graduatedfrom Greensburg High School in1948 and spent a year at Kiski PrepSchool in 1949, before entering Yalefrom which he graduated in 1953.
Joe then graduated from theUniversity of Pittsburgh Law Schoolin 1959, after serving as a FirstLieutenant with the United StatesArmy in Germany.
Joe’s community activities werelegendary and included being CitySolicitor for Greensburg, a boardmember of the Greensburg YMCA,past-president and member of theGreensburg Rotary Club, volunteer
toward the camera. The runningback, who is clearly seen in the photograph, was Bob Mathias, wholater, of course, was the Olympicdecathlon champion.
Family has always been of theutmost importance for Joe. He wasdevoted to his children, ElizabethLocke of London, England; AliceMitinger, who is a very active lawyerin Pittsburgh; and Louise Mitingerof Pittsburgh.
He is survived by his wife, Diane Rombach Mitinger, and herdaughters, Jennifer Rombach ofBlacksburg, Va., and TrishaRombach of Hermitage, Pa. He isalso survived by his grandchildren,William and Sara Locke; his brother,Robert Mitinger, of State College,Pa., who was an All American endwhile playing football at Penn State;a sister, Lucy Cress, of Latrobe; anda sister, Eleanor Mitinger ofHatboro, Pa.
Joe was preceded in death by hisformer wife, Beth Mitinger.
How desirable it would be to live the kind of life lived by JoeMitinger. His good humor, his concern for others, his dedication tohis family and his community, andhis professionalism set standardswhich we would all wish to realize.
Joe’s approach to life was to livesimply, to love unconditionally, togive generously, to pray frequently,and to serve completely. Throughouthis life he achieved these goals muchbetter than most of us. I miss himgreatly.
for the United Way, trustee of theSt. Clair Cemetery, active memberof the First Presbyterian Church ofGreensburg, and later of the FirstMethodist Church of Greensburg.
Among his many other interests,Joe Mitinger loved history andenjoyed discussing history with family and friends. He loved music,and could always be counted uponto perform as a pianist.
Joe’s father, Bob, and his uncle,Edward Mitinger, maintained lawoffices for many years on MainStreet in Greensburg, and Joe, afterpracticing for a short time withAttorney John Metz in Pittsburgh,associated himself with the familyfirm in Greensburg.
Joe’s father, Bob Mitinger, alwayskept a wonderful photograph of Joein his office in Greensburg. In thephotograph Joe, playing on offensefor Kiski, had pulled from the lineand was leading the interference fora running back, and both Joe andthe running back were moving
6 • sidebar JANUARY–FEBRUARY 2002
Remembering Joe Mitinger continued from page 5
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.
LAWSPEAKMrs. Barber is the kind of wifewho stands by her husband inall the troubles he would nothave had if had not married her.
— Jayne, V.C., Bondarchuk v. Barber,135 J.J. Eq. 334 (1944)
WHAT JOBS HAVE YOUHELD PRIOR TO BECOMING AN ATTORNEY?
Construction; worked a summer in Denmark delivering bottled gas for BP; worked in myfather’s law office.
WHICH WAS YOURFAVORITE AND WHY?
Working in Denmark—guess why!
WHAT IS THE FUNNIESTTHING THAT’S HAPPENED TOYOU AS AN ATTORNEY?
A defendant pled guilty beforeme for presenting a bogus $1,000bill to a teller at the First NationalBank of Greensburg. The notestated on its face: “This is phonymoney.” The teller was fired the nextday for giving him $1,000 cash.
WHAT IS THE QUALITY YOUMOST LIKE IN AN ATTORNEY?
Promptness.
WHAT IS YOUR FAVORITEJOURNEY?
Sailing from Martinique toGrenada in the West Indies.
WHAT IS YOUR GREATESTREGRET?
That I wasn’t Mike Kearney for one day.
WHO AREYOUR HEROES
IN REAL LIFE?
JohnAdams.
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
QWHAT ISIT THATYOUMOSTDISLIKE?
Self aggrandizement.
WHAT TALENT WOULD YOUMOST LIKE TO HAVE?
To paint like the impressionists.
WHAT DO YOU MOST VALUEIN YOUR FRIENDS?
Loyalty.
WHICH LIVING PERSON DOYOU MOST ADMIRE?
The Pope (and not because I’ma Catholic).
WHAT IS YOUR MOTTO?
Love your enemies—it drivesthem nuts!
A
Q
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Q
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A
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A
QWHAT ADVICE WOULD YOUGIVE TO ATTORNEYS NEW TOTHE PRACTICE OF LAW?
Study medicine.
WHAT DO YOU CONSIDERTO BE YOUR GREATESTACHIEVEMENT?
After bumbling through parenting to have two wonderfuldaughters.
WHAT IS YOUR IDEA OFPERFECT HAPPINESS?
Dancing with my wife on theterrace, overlooking the ocean on amoonlit night, at the Coral BeachClub in Bermuda.
WHAT IS YOUR MOSTTREASURED POSSESSION?
My health.
WHAT IS YOUR GREATESTEXTRAVAGANCE?
I bought the home next doorand razed it the next day.
A
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Spotlight on The Hon.Charles H. Loughran
JANUARY–FEBRUARY 2002 sidebar • 7
free* live lunch ‘n learn cle seminarWednesday, March 13, 2002 • Noon – 1:15 p.m.
WBA Headquarters
Free Legal Research: PBA’s InCite Program1 Optional Substantive Credit
•Presenters: Christopher A. Haidze, Esq., and James A. Wells, Esq.
Brought to you through an exclusive partnership of the PBA and LexisNexis, InCite is an innovative approach to serving the legal research needs of Pennsylvania lawyers. Learn how to use this free legal research
program effectively in your practice.•
Free lunch (pizza and soda) will be provided.
Kindly call the Bar office at (724) 834-6730 to preregister.
* Seminars are free for those who do not wish to receive CLE credits.
CEREMONY HELD IN CONJUNCTION WITH WBAQUARTERLY MEETING
On Friday, February 15,2002, the WestmorelandBar Association presented
its new members to the court.Following a welcoming address byWBA President John Campfield,each admittee was introduced to the court by a member of theassociation.
The new members presented to the court are: Rebecca L. Calisti,presented by The Hon. John J.Driscoll; Charles J. Dangelo, presented by The Hon. William J. Ober; Michael E. DeMatt, presented by Lawrence D. Kerr;Robert L. Frey, Jr., presented by
Following the presentation to the court, Joseph Massaro, Jr., and Bob Johnston greeted thenew members on behalf of theYoung Lawyers Committee andthe Ned J. Nakles American Inn of Court, respectively.President Judge Charles H.Loughran then spoke on behalf of the court.
A reception luncheon for the new admittees was held in conjunction with the QuarterlyMeeting of the Westmoreland BarAssociation, which was held at Bar headquarters immediately following the ceremony.
John M. Ranker; James A.Horchak, presented by David S. DeRose; Donna E. Heldman,
presented byKathleen N.Kemp; George H. Love, Jr., presented byRobert W. Kutz;Emily KarenPainter, presentedby Timothy J.Geary; andValerie Veltri, presented byShirley A.Makuta.
8 • sidebar JANUARY–FEBRUARY 2002
New Members Introduced to theCourt in Annual Ceremony
Mediation, arbitration andall forms of conflict resolution
John M. Campfield, EsquireVincent J. Quatrini, Jr., Esquire
Dennis Slyman, EsquireW. Bryan Pizzi II, Esquire
William M. Radcliffe, Esquire
Telephone 724-850-8ADR (8237)P.O. Box 476 Greensburg, PA 15601
▲
The new members presented to the Court are (from L to R): Valerie Veltri, Emily KarenPainter, Donna E. Heldman, George H. Love, Jr., Charles J. Dangelo, Robert L. Frey, Jr.,Michael E. DeMatt, Rebecca L. Calisti and James A. Horchak.
Aujay Investigative Service
Retired United States Probation Officer with over 28 years of investigative experience
available for civil or criminal investigations.
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e-mail: [email protected]
by S. Sponte, Esq.
Now, most of you who knowme also know that I have aparticular affinity for the
First Amendment. I do a fair num-ber of those kinds of cases, I teachthe stuff at my old law school and Itruly do believe it’s one of the mostsignificant reasons why this nation isfar different from all others.
I’m not sure when my love affairwith the First Amendment started,but I do know that it all comes frommy parents. I know I wouldn’t havesuch a passion for the subject hadthey not been telling me to shut upall the time.
So committed am I to the notionof free expression that I wasn’t at all surprised or offended when many years ago the U.S. SupremeCourt ruled that, when it comes to
of an estateattorney. It portrayed him at the funeralhome, comfort-ing the bereaved,standing next toan open casket,then turning to the audience andpitching his services. The “kicker”occurred when the dearly departedsat upright in the coffin, faced thecamera and said, “You know, hemakes death not so bad.”
Until I saw those ads, I believedthe nadir in tasteless legal advertisingto be on the scoreboard at the newfootball stadium. It’s a personal-injury firm’s “Injury Report” that isshown whenever a player is injuredon the field, a not-at-all subtlereminder that lawyers profit from
JANUARY–FEBRUARY 2002 sidebar • 9
continued on page 10
advertising, lawyers were prettymuch entitled to the same protec-tions as other businesses. Some ofyou may well remember that in the“old days,” lawyers were pretty muchforbidden to advertise at all, otherthan for a distinguished and there-fore nondescript little ad containingname, address and phone number. It was, in those days, a matter ofgood taste and decorum. The litanywas that as members of a hopefullydistinguished profession, we shouldnot demean our dignity, such as it is,by actively soliciting business. It wasOK to do it on the golf course, justnot in print.
Alas, legal advertising has becomeso fatuous of late that it has mewondering if this First Amendmentthing is such a good idea after all.For instance, I recently saw a seriesof local ads promoting the practice
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If you don’t practice criminal law regularly, the best counsel may be to recommend a team of lawyers with proven experience on both sides of criminal cases.
We invite you to learn more about our firmand our Criminal Law Group at our website: beldenlaw.com or email [email protected].
Recommended by lawyers and clients across Pennsylvania
724.834.0300beldenlaw.com
117 N. Main Street, Greensburg, PA 15601
James A. Wells
Jeffrey D. Monzo
John K. Greiner
Robert I. Johnston
To-Wit: Accounting for Taste
rugs or corrective lenses. 2. No finger pointing, ever. Too
easily mistaken for a gesture thepublic is already accustomed to.
3. Good grammar is a must. No“youns” or “younses,” please, despiteits appeal to the unwashed.
4. Before a firm can utilize an adportraying a female lawyer to projectthe image of a workplace friendly towomen, it must demonstrate that itactually has at least one in itsemploy.
the injuries of others and apparentlymightily so to afford such costly self-promotion.
Hey, hey, come on guys, we’relawyers here, dignified, distinguished,respected, remember? The FirstAmendment certainly protects yourright to advertise, but it doesn’t protect your right to be crass.
Something needs to be done, andI think I know what. If we reallywant to clean up this mess, what we need is a code of propriety forlegal advertising. It will have to bevoluntary, of course, but in thisbusiness, as everyone knows, there’svoluntary and then there’s voluntary.
It will require a new bar associa-tion committee. I will chair. I’llhand pick an assemblage of lawyersfrom across the commonwealth toserve as volunteers. As the newCommittee on Legal Advertising(COLA) we would come under theaegis of the bar association’s alreadyexisting Committee on CommercialAdvertising (COCA). We will askevery lawyer and law firm whoadvertises to voluntarily submit tape or copy of each ad, and if wefind the advertisement meets ourstandards, we will grant it our seal of approval. Simple, huh?
As for standards, I always preferan “ad hoc” approach. That way, Ican simply make up my mind as wego along. However, I realize thatsome semblance of predictabilityand uniformity are probably desirable, and, accordingly, I havedeveloped a broad set of standardsto guide the would-be advertiser.Bear in mind here that the goal is toenhance the image of the lawyer.That it may also compel good tasteis just a bonus.
1. A lawyer may appear in his orher own commercial only if he orshe is relatively good looking. Nobaldness, obesity, bad dentures, bad
5. No matter how well intended,the use of firearms in advertising isprohibited. The same applies tonooses, garrotes, whips, chains andlaw books.
6. The use of words such as “jackpot,” “bundle,” “moolah” and“Shazam” are prohibited.
7. No lawyer may ever appear in any ad without first havingdemonstrated a basic grasp of diction and grammar.
8. In bankruptcy and family lawads, gaiety is forbidden. So is badacting and Abe Lincoln facial hair.
I know you’re not happy aboutthis, and neither am I. The lessonhere is that, unfortunately, our profession can lay no greater claimto taste and propriety than any otherprofit-driven business. I wish itweren’t so, but then again, howmuch taste and propriety can youexpect from someone who expects toget rich doing law, huh?
© 2002, S. Sponte, Esq.
10 • sidebar JANUARY–FEBRUARY 2002
To-Wit: Accounting for Taste continued from page 9
I know I wouldn’t
have such a
passion for the
subject had my
parents not been
telling me to shut
up all the time.
District Attorney and was Deputy General Counsel for the State Treasurer’sOffice in Harrisburg for three years. For the last ten years, Judith has been inprivate practice in Greensburg, doing a full range of civil and municipalwork. Her community involvement includes performing legal services forcommunity-based advocate groups for learning disabled children and adults.
BUILDING COMMITTEE: LARRY D. LOPERFITOA WBA member since 1989, Larry D. Loperfito is alsoa member of the Westmoreland County RepresentativeBoard of Governors, Western Pennsylvania TrialLawyers Association, Pennsylvania Trial LawyersAssociation (Membership Committee), PBA, andNational Order of the Barristers. Larry has served as theKiski Area School District Mock Trial Advisor and is amember of the board St. Gertrude’s School CORECommittee and the Victorian Vandergrift Museum and
Historical Society. He is also a volunteer solicitor to the Vandergrift SeniorCitizens, Inc. and Kiski Valley Special Services, Inc. Larry is a partner inGeary and Loperfito, LLC, in Vandergrift.
Nominations Announced continued from page 3
As a few of you may recall,last issue we ran the FirstAnnual (Maybe) Caption
The Photo Contest. For those ofyou who don’t remember, here onceagain is the photo to be captioned.We decided to let our readers have achance to prove just how funny theycould be, as we challenged them tocome up with their very own funnycaption. The results are now in andwe are pleased to announce we havea winner.
Now first let me say that, unlikemany events sponsored by our Bar,this result was not rigged. The win-ner was chosen solely on the basis ofdemonstrated wit, and on no other.
I assure you that no personal considerations were a factor, andfurther, that I accepted neithermoney nor lesser recompense inexchange for the result. It was fairand square, all the way.
Now, so as to end the suspense,the winner of the First Annual(Maybe) Photo Caption Contest,and the winner of the all-expensesfor two paid free First Class trip to Hawaii for herself and her lawpartner is ... Jackie Knupp.
And her winning entry? “BecauseI look a whole lot thinner when Istand like this, that’s why.”
I’m sure you’ll agree it is funny.We’ll write when we get there.
JANUARY–FEBRUARY 2002 sidebar • 11
And The Winner Is ...
ReminderHave you paid your
2002 membership dues
to the Westmoreland
Bar Association? If not,
dues must be remitted
before March 15, 2002.
Members who do not
pay by this date will be
dropped from the rolls
of both the local and
state bars.
“Because I look a whole lot thinner when I stand like this, that’s why.”
OFFICE FURNITURE FOR SALEGeneral office furniture including computer desk, complete computer system, metal file cabinets and other furnishings.Any reasonable offer will be considered. Thomas P. Cole, II.724/836-4390.
CUSTODY ATTORNEY NEEDEDThe Westmoreland Bar Foundationhas one custody attorney positionavailable. Family law experience isrequired. Custody cases areprocessed three to four times peryear and attorneys are paid on aper case basis. If interested, senda résumé and letter of intent to theWBA, Attn.: Diane Krivoniak, 129N. Penna. Ave., Greensburg.
Lawyers’Exchange*
(*Free to all members of the Bar)
ATTENTION PARALEGALS, LEGAL SECRETARIES AND ATTORNEYS
The Westmoreland Bar Association operates a placement service forparalegals, legal secretaries and attorneys. If interested, send your
résumé to the WBA, 129 N. Pennsylvania Ave., Greensburg, PA 15601.We’ll forward it to potential employers at no cost to you.
Contact Bar Headquarters at (724) 834-6730 for more information.
by Robert I. Johnston, Esq.
In keeping with the spirit of innovation which has characterized John Campfield’s
year as President of the WBA, theupcoming Bench/Bar Conferenceslated for June 13-15at Deep Creek Lakewill feature the addition of “DivaHouse.” The concepthad its origin lastyear when the Boardrented a condominium near to theYoung Lawyers condo, dubbed“Grey House,” where older or morecontemplative attendees could restand relax without feeling the need tosing and dance and otherwise enjoythemselves.
According to some, Diva Houserepresents yet another concession to
over the line at one frequency, andyour TV signal comes over the sameline at another frequency? Well, thisis the same thing. The Grey Housefolks use the place for naps andsuch, and the Divas are mostly interested in the bathrooms.
They’ll hardly see each other.”
Put off for yetanother year waswhether to makeaccommodationsavailable for
the only interest group not yet recognized. “We have a name, butno place to go,” said the group’sspokesperson, Rich Victoria. If thegroup has its way, next year you maybe able to go to the “Middle AgedWhite Man’s Condo.” According toJohn, “it’s just another frequency.”See you at the Wisp.
a special interest group, in this case,one whose identity is somewhatmisidentified by the name they’vechosen (the more popular, and somemight say, more representative “GreyLadies House,” my own personalfavorite, was summarily rejected).
Interestingly, Grey House andDiva House will share the samecondo. When asked how that waspossible, John is reported to havesaid, “it’s like technology” (mostthings are “like technology” forJohn). “Actually, I got the idea fromcable TV,” John explained. “Youknow how your telephone comes
12 • sidebar JANUARY–FEBRUARY 2002
Bench/Bar to Inaugurate Diva House
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ABSTRACTS
REAL ESTATE & MORTGAGE CLOSINGS
2002 bench/bar
conferenceof the westmoreland bar association
Trial Judge: The Hon. Daniel J.Ackerman
Result: Molded verdict for plaintiffin the amount of $15,500. Juryfound negligent failure to disclosematerial facts concerning the property.
JAMES N. MARTIN V.
JOSEPH H. QUINNNO. 7551 OF 1997
Cause of Action: Civil Rights, 42 U.S.C. § 1983
This civil rights action arose out of the improper incarceration of plaintiff for three days at theWestmoreland County Prison.Plaintiff alleged that the defendant,a deputy sheriff for the county,altered a court order to make itappear that a bench warrant hadbeen issued for the plaintiff. As a result of this violation of his constitutional rights, plaintiff alsoclaimed mental anguish, injury tohis reputation and the inability to attend to his business while incarcerated.
Plaintiff ’s Counsel: Kenneth B.Burkley, Gbg.
Defendant’s Counsel: Irving M.Green, New Kensington
Trial Judge: The Hon. Daniel J.Ackerman
Result: Liability was not disputed.Jury awarded plaintiff $5,000 compensatory damages and $1,200 punitive damages.
MARLENE A. HASLETT AND DANIEL A. HASLETT,
HER HUSBAND V.
ESTHER C. HILL AND JAMES A. STONENO. 8386 OF 1996
Cause of Action: Negligence—Motor Vehicle Accident—NegligentEntrustment—Loss of Consortium
Plaintiffs brought this action againstdefendants as a result of a motorvehicle collision that occurred onJanuary 6, 1995, at the intersectionof State Route 56 Bypass and PowersDrive. Wife-plaintiff was a guest
JANUARY–FEBRUARY 2002 sidebar • 13
NOVEMBER/DECEMBER 2001TRIAL TERMS
Out of 95 cases set for trialduring the November/December 2001 civil trial
terms, 32 settled, one was stricken,one was dismissed, one was discon-tinued, three moved to arbitration,one arbitration appeal was quashed,one was stayed upon the filing ofbankruptcy, one was a non-jury trial,26 were continued, nine verdictswere entered and 19 were held tothe next list.
REBECCA RENSHAW ANDBENNY JOHNSON
V.EUGENE P. BEHAGE AND LINDA
LEE BEHAGE, HIS WIFENO. 5739 OF 1998
Cause of Action: Fraudulent/Negligent Misrepresentation
Plaintiff-buyers brought this action to recover damages incurredas a result of their reliance on misrepresentations of defendant-sellersduring their purchase of real estatein 1997. The complaint alleged thatbuyers encountered problems of aninsufficient water supply in thatwater had to be hauled to the property once a month, an inoperational swimming pool andthe infestation of carpenter ants.
Sellers asserted compliance withtheir duties and obligations involvedin the transaction. They maintainedthat any damages were caused by thebuyers’ personal home inspectors. To the extent insufficient coverageexisted under homeowners warranty,sellers asserted accord and satisfactionand the failure to mitigate damages.
Plaintiffs’ Counsel: Kenneth P.McKay, Pgh.
Defendants’ Counsel: Gary F.Sharlock, Marks O’Neill O’Brien &Courtney, Pgh.
Jury Trial Verdicts
continued on page 14
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14 • sidebar JANUARY–FEBRUARY 2002
Trial Judge: The Hon. Charles H. Loughran, PresidentJudge
Result: Verdict in favor of wife-plaintiff and againstdefendant Stone in the amount of $42,000.
BERNARD BAHLEDA V.
LARRY MCCURDYNO. 1117 OF 2000
Cause of Action: Negligence—Premises Liability
On June 20, 1999, plaintiff delivered a swimming poolsliding board to the defendant’s residence. Plaintiff washelping the defendant carry it to the swimming poolwhen he tripped over a green plastic sandbox in theyard. Plaintiff asserted that defendant was negligent infailing to warn him of the presence of the sandbox.Plaintiff twisted his right knee and tore the anterior cruciate ligament of the right knee, which required surgical repair.
The defendant denied negligence in failing to warnplaintiff of a condition that was open and obvious.
Plaintiff ’s Counsel: James J. Lestitian, Kim A. Bodnar,Pgh.
Defendant’s Counsel: Maria Spina Altobelli, Jacobs &Saba, Gbg.
Trial Judge: The Hon. Charles H. Loughran, PresidentJudge
Result: Verdict for defendant.
NANCY J. DODD AND ROBERT DODD, HER HUSBAND
V.THERESA GROSSER
NO. 2241 OF 1999
Cause of Action: Negligence—Motor Vehicle Accident—Loss of Consortium—Arbitration Appeal
On July 4, 1997, the wife-plaintiff was traveling east onFrick Avenue in Mt. Pleasant when defendant’s vehicleentered the road from an alleyway and collided with the front end of plaintiff ’s vehicle. Plaintiff claimed softtissue injuries that caused paralysis of her left upperextremity and the inability to work for five months following the accident. Husband-plaintiff asserted aclaim for loss of consortium.
Defendant denied negligence and asserted the affirmative defenses of contributory/comparative negligence, assumption of the risk and the provisions of the MVFRL.
passenger in a vehicle operated by her husband. Whileplaintiffs were traveling north on the bypass, the vehicleoperated by defendant Stone entered the intersectionagainst a red light and collided with the passenger side of plaintiffs’ vehicle. Plaintiffs alleged the negligence ofdefendant Stone in failing to have the vehicle underproper control due to weather and road conditions andin driving under the influence of alcohol and without a license, and the negligence of defendant Hill inentrusting her vehicle to Stone. Wife-plaintiff ’s injuries included, inter alia, blood in the urine frominternal injuries and cervical and left wrist sprain.Husband-plaintiff claimed loss of consortium.
In new matter, defendants asserted the limitationsprovided for in the Pennsylvania Motor VehicleFinancial Responsibility Law (MVFRL). Defendants also asserted the affirmative defense of a general releaseexecuted by husband-plaintiff.
Plaintiffs’ Counsel: John F. Hooper, Pgh.Counsel for Defendant Hill: Jeffrey C. Catanzarite,
Summers, McDonnell, Walsh & Skeel, L.L.P., Pgh.Counsel for Defendant Stone: Thomas W. Smith, Mears
and Smith, P.C., Gbg.
Jury Trial Verdicts continued from page 13
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Plaintiffs’ Counsel: Rachel E.Morocco, Morocco Morocco &Specht, P.C., Trafford.
Defendant’s Counsel: Maria SpinaAltobelli, Jacobs & Saba, Gbg.
Trial Judge: The Hon. Gary P.Caruso
Result: Molded verdict for defendant.
DEBRA J. TALLERICO AND SAMMIE JO TALLERICO,
A MINOR V.
DOUGLAS E. WELSHNO. 9961 OF 1995
Cause of Action: Negligence—Motor Vehicle Accident—
Binding Summary Jury Trial
Plaintiffs’ action arose from a motorvehicle accident that occurred onDecember 23, 1993, on State Route366 in Lower Burrell. Plaintiff wasoperating her vehicle, in which theminor-plaintiff was a passenger,when the defendant’s vehicle collided into the rear of plaintiffs’vehicle. The complaint alleged, interalia, that defendant was negligent inoperating his vehicle while in animpaired condition and in failing toobserve plaintiffs’ vehicle and stophis vehicle within the assured cleardistance. Both plaintiffs alleged softtissue injuries.
The defendant denied operatinghis vehicle in a negligent mannerand asserted the affirmative defensesof contributory/comparative negligence and assumption of therisk, as well as those found in theMVFRL.
Plaintiffs’ Counsel: John E. Quinn,Evans, Portnoy & Quinn, Pgh.
Defendant’s Counsel: Kim RossHouser, Mears and Smith, P.C.,Gbg.
Trial Judge: The Hon. Daniel J.Ackerman
Result: Verdict for plaintiff in theamount of $1,000. No award forminor-plaintiff.
JANUARY–FEBRUARY 2002 sidebar • 15
Gambling Assessmentby Judge Irving Bloom
After attending the Bar Association’s jaunt to the SeptemberSteelers-Bills game with a side trip to investigate the laws ofprobability in Niagara Falls, Ontario, I thought it appropriate
to discuss compulsive gambling. Let’s play twenty questions:
1. Did you ever lose time from your practice due togambling?.....................................................................
2. Has gambling ever made your home life unhappy? .....3. Did gambling ever affect your reputation?...................4. Have you ever felt remorse after gambling? .................5. Did you ever gamble to get money to pay debts or
solve financial difficulty? ..............................................6. Did gambling cause a decrease in your ambition? .......7. After losing, do you feel you have to return as soon as
possible to win back your losses?..................................8. After winning, do you have a strong urge to return
and win more? .............................................................9. Do you often gamble until your last dollar is gone? ....
10. Do you ever borrow to finance your gambling?...........11. Have you ever sold anything to finance gambling?......12. Are you reluctant to use gambling money for normal
expenditures?................................................................13. Does gambling make you careless of the welfare of
yourself and your family? .............................................14. Do you ever gamble longer than you had planned?.....15. Have you ever gambled to escape worry or trouble?....16. Have you ever done anything illegal, or even thought
of it, such as, hitting the old~rust account to financegambling?.....................................................................
17. Does gambling cause you to have difficulty in sleeping?.......................................................................
18. Do arguments and frustrations create within you anurge to gamble?............................................................
19. Did you ever have an urge to celebrate good fortuneby gambling?................................................................
20. Have you ever considered self-destruction to put anend to your problems as a result of gambling?.............
If you have answered yes to at least seven of these questions, youhave a serious problem. If so, call Lawyers Concerned for Lawyers,717-737-9660 or 1-888-999-1941 for help. It is nonjudgmental and confidential. Trained professionals in the field of dealing withcompulsive gambling are available to help you with your problems.
Confidential Helpline 1-888-999-194124 hours a day, 7 days a week
YES NO
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16 • sidebar JANUARY–FEBRUARY 2002
Actions of the Board
wba news
• Reviewed American BarAssociation’s recommendedchanges for our Lawyer ReferralService program and agreed to delayimplementation of WBA LawyerReferral Service changes until theend of 2002.
• Heard report on PBA’s ProjectPEACEwhich will include West HempfieldElementary School as a site for thestate-sponsored conflict resolutionprogram. WBA member JohnCasario will be the attorney participant.
• Discussed Senate Bill 406, the frivolous lawsuit bill, and learnedthat PBA is presently working on aninitiative with the courts to present acompromise on the issue so thatself-imposed regulation is an option.
• Heard report on the PBA InCite program with Westmoreland
attorney training postponed untilMarch when added features will beadded to the program.
• Voted to offer full-time governmentlawyers a discounted rate for duesas established by the PBA .
• Agreed to hire a part-time employeeto assist staff on CLE matters.
• Approved PBA’s request to contactthe legislators in support of theAccess to Justice Act which willattach $4-$5 surcharge on first-timefilings of certain legal documents incourts and Register of Wills officeswith proceeds going directly toIOLTA.
• Approved attendance of Harry Smail,YL Chair, to the upcoming BarLeaders conference in State College.
• Agreed to reimburse YL Chair forexpenses incurred for luncheon andcommittee meetings.
JANUARY 15, 2002• Approved formation of local Political
Action Committee allowing the WBAto continue to contribute to PBAPAC. Funds to be allocated annuallyin WBA budget but donations wouldbe solicited from individual mem-bers so that contributions can bemade directly to candidates. Thislocal PAC would hope to improvevisibility of legal profession and getattention of local legislators.
• Thanked Chuck Mason and TerryVan Horne for developing PAC proposal and asked each of them toserve as co-chairs of the PAC boardwith charge of implementing thenew program.
• Approved Membership Committeerecommendations to accept follow-ing as participating members:Rebecca Calisti, Daniel Pagliari,Anthony Vigilante, Emily Painter.
• Heard report from Municipal LawCommittee which included requestfrom Smart Growth for attorney toserve on Smart Growth Board anddeferred the appointment toMunicipal Law Committee.
• Reviewed architect’s drawings andcost estimates for improvements tothe WBA headquarters.
• Agreed to invite Young Lawyer representative from WestmorelandBar to attend the PBA New Memberprogram.
• Increased rates for non-memberroom usage of bar headquarters asfollows:1 hour $202-4 hours $305-7 hours $40all day $50
• Approved providing free CLE seminars up to two hours in lengthbefore Laurel Legal Services boardmeetings to “thank” those attorneyswho dedicate their time andresources to LLS.
• Reviewed report from the Women in the Legal Profession Committeewhich included plans to coordinatetwo CLE programs in 2002.
Reg Belden ReceivesLeadership Award
On Friday, February 23,2002, The Greensburg AreaCultural Council honored
H. Reginald Belden, Jr., with theHarry K. Wilcox Award for Arts &Community Leadership at its 13thannual “Grand Finale” event.
The theme for the event was “A Salute to Greensburg: A GreatAmerican Town.” The Harry K.Wilcox award is given to individualswho demonstrate their dedicatedsupport of the arts in the GreaterGreensburg area.
“Once again, Reg’s commitmentto his profession and his communityserve as working examples of what
each of us canand shouldaspire toaccomplish,”says WBAPresident JohnCampfield.
An activemember of the Greensburgcommunity for many years, Reg has served as president of theWestmoreland Symphony andWestmoreland Society. He also is apast vice chair of the WestmorelandTrust and vice president of theGreensburg Area Cultural Council.
▲
Reg Belden
On July 30, 1990,Westmoreland BarAssociation members
overwhelmingly approved a resolution to sponsor a pro bonoprogram in Westmoreland Countyfor the purpose of significantlyexpanding availability of legal services for the poor. Now, almost 12years later, the Pro Bono Program ofthe Westmoreland Bar Foundationcontinues to serve the needy of thecounty—and continues to grow.
In Pro Bono’s first year, 49 clientswere helped and the volunteer listconsisted of approximately 50 attorneys. In 2001, a total of 570
indigent Westmoreland County residents who want to pursue custody. Individuals are placed on a waiting list and are asked to complete a questionnaire. When the questionnaire is returned, anappointment is scheduled with oneof the program’s three attorneys. The attorneys are responsible for attending the initial custody conference until there is a signedorder, after which the attorney is allowed to withdraw their appearance.
There were 229 intakes completed in the Reduced FeeProgram. This program is utilizedwhen a client wants to file an action or when a volunteer attorneyis unavailable under the Attorney-for-the-Day Program. Attorneyscontacted under this program haveagreed to charge clients a mere $40per hour for their services. However,clients must meet the guidelines inorder to qualify for the reduced fee.
intakes werecompletedand Pro Bono now operates threeprograms: Attorney-for-the-Day,Custody and Reduced Fee.
The Attorney-for-the-DayProgram accounted for 221 intakesin 2001. The Attorney-for-the-DayProgram solicits attorneys to cometo the Pro Bono office one morningor afternoon to meet with indigentcounty residents who have beensued in a non-fee-generating casepending in Westmoreland County.
The Custody Program completed120 intakes last year. In this program, attorneys meet with
JANUARY–FEBRUARY 2002 sidebar • 17
foundation focusThe Numbers AreIn On Pro Bono
continued on page 18
In all of these programs, the petitioner is required to pay thecourt filing fee. A short time ago,the need for another CustodyProgram attorney became available.If you would like to offer your services in any of these programs,contact Pro Bono Coordinator IvaMunk at 724-837-5539 for details.
We NeedYour Helpfor Law Day2002
On May 1, 2002, theWestmoreland BarAssociation, along with the
Pennsylvania Bar Association andother county bar associationsthroughout the Commonwealth,will participate in the nationwideobservance of Law Day.
The theme for Law Day 2002—“Celebrate Your Freedom: AssuringEqual Justice for All”—had beendecided long before the devastatingevents of September 11.Subsequently, this Law Day willfocus on how our courts and legal
WBA Wins2001 Coatsfor KidsChallenge
The Westmoreland BarAssociation won the 2001 Coats for Kids
Challenge by raising $3,085 to the Washington County BarAssociation’s $2,785 by the officialdeadline of December 19, 2001.
In early December, theWashington County Bar Associationissued a “friendly” fund-raising challenge in connection with theirannual holiday gift drive. Theybelieved their members could generate more charitable dollardonations than WBA members.
This year, the money raised bythe WBF was used to purchase coatsand winter apparel for the childrenserviced through the WestmorelandCounty Children’s Bureau. TheChildren’s Bureau purchases an average of 180 coats annually.
Thanks to the Young LawyersCommittee for lending its name tothis project and for their support ofthis worthy charity drive.
18 • sidebar JANUARY–FEBRUARY 2002
system have assured equal access tojustice for all Americans.
As a society with such diverse cultures, it is important to focus ourcommitment to democracy and therule of law. Public opinion surveyshave stated there is a diminishedrespect for the courts and the legalsystem. The goal of Law Day 2002 isto help students recognize the impor-tance of our commitment to justiceand democracy as a society, and bydoing so, promote public trust andconfidence back in the courts.
Law Day 2002 is designed toeducate our children about the legalsystem and celebrate our Americanheritage of democracy, liberty andjustice. Judges and lawyers will beable to reflect upon how importantequal justice is for all Americansregardless of their race, disability,gender or economic status.
Activities and programs, such asessay contests, best Web site con-tests, and free legal seminars, arebeing sponsored throughout thecountry by schools, bar associations,courts and civic groups in an effortto commemorate the day.
For information on how you canget involved in the WBA’s Law Day2002 efforts, please call Pro Bono’sKate Wiatrowski at 724-837-5539.
▲
Wally Tobin of the Westmoreland CountyChildren’s Bureau (left) receives a kid’scoat from WBA President John Campfield(right) as part of the 2001 Coats for KidsChallenge. The WBF raised $3,085 in itsholiday fund drive for the Children’s Bureau.(Editor’s optional caption: “Honest to God,John, she said it was yours!”)
foundation focuscontinued from page 17
YES! I WANT TO VOLUNTEER FOR LAW DAY 2002!Please fax form to Kate Wiatrowski at 724-837-4221.
NAME _________________________________________________
PHONE________________________________________________
SCHOOL PREFERENCE__________________________________
GRADE PREFERENCE ___________________________________
AVAILABILITY (MAY 6–10) ________________________________
West HempfieldElementary School will be one of 12
Pennsylvania elementary schoolsattending the third annual ProjectPEACE training conference to beheld Feb. 21-23 in Harrisburg. West Hempfield was chosen fromdozens of school applicants to be the region’s representative at the conference.
Sponsored by Attorney GeneralMike Fisher and the PennsylvaniaBar Association, Project PEACE(Peaceful Endings ThroughAttorneys, Children and Educators)works to reduce conflict and violence in Pennsylvania elementaryschools by teaching students how todiscuss and mediate disagreementspeacefully. Teams of principals, educators, parents, counselors and attorneys representing the 12 elementary schools from acrossthe commonwealth were selected toparticipate in the Project PEACEtraining conference through a competitive application process.
The Project PEACE trainingmodel was developed by LEAP-Kids. It initially was created for aprogram in Indiana and has sincebeen modified to meet the needs ofPennsylvania’s schools. Pennsylvaniais the second state in the country tooffer this type of peer mediationtraining to elementary schools.
The team from West HempfieldElementary School will include:Randall Sarnelli, principal; LisaMaloney, guidance counselor; LoriRoscher, K-5 educator; and StefanieBergamasco, parent. Local lawyerJohn M. Casario will serve as theteam’s attorney partner.
“We are pleased to have WestHempfield be a part of the ProjectPEACE training conference,” noted
students,” Pennsylvania BarAssociation President H. ReginaldBelden Jr. said. “We look forward tothis year’s group of schools seeingthe same improvements.”
The instructors at the ProjectPEACE training conference are
experts in mediationwithin the courts andschools. The trainersinclude Artemus Carter, Street Law Inc.,Washington D.C.; MaryEllen Schaffer, Director ofStudent Services, LamontIL; Karla Taylor-Temple,a mediation trainer,Indianapolis IN; andDavid Keller Trevaskis,Pennsylvania Bar
Association Pro Bono Coordinator,Harrisburg PA.
For more information about the Project PEACE program and a list of the 12 schools, visit thePennsylvania Bar Association Web site at www.pabar.org.
Attorney General Mike Fisher.“Project PEACE provides schoolswith a valuable learning opportunityto help them empower children withthe knowledge and confidence toresolve disputes peacefully.”
During the conference the schoolteams will be introducedto the peer mediationprocess through hands-onlearning activities. Theywill receive instruction insuch areas as adjudicationversus mediation, diffus-ing conflict situations andthe necessary skills of con-flict resolution. By theend of the training, theschools will write theirown mediation plans,which will be introduced to theirlocal schools. Each school then willselect and train its own studentmediators.
The past Project PEACE schoolshave seen great results in the reduction of conflict among their
JANUARY–FEBRUARY 2002 sidebar • 19
▲
John M. Casario
Local Elementary School Chosen forPBA Anti-Violence Conference
SETTLEMENT CONFERENCES
EVIDENTIARY HEARINGS
BINDING/NON-BINDING
COST-EFFECTIVE
CONFIDENTIALITY
NEUTRAL THIRD-PARTY INPUT
SWIFT RESOLUTION
DIRECT PARTY PARTICIPATION
FLEXIBILITY
DISPUTE RESOLUTIONUIM/UM ARBITRATION
MEDIATION
MEYER•DARRAGH•BUCKLER•BEBENEK & ECKATTORNEYS AT LAW
GREENSBURG OFFICE: 114 SOUTH MAIN STREET, GREENSBURG, PA 15601
JOHNM.NOBLE,ESQ.GREENSBURG, PA
(724) 853-2296FAX: (724) [email protected]
CALENDAR
20 • sidebar JANUARY–FEBRUARY 2002
Westmoreland Bar Association129 North Pennsylvania AvenueGreensburg, PA 15601-2311
PRESORTEDSTANDARD
U.S. POSTAGE
PAIDGREENSBURG, PA
PERMIT #678
MARCH
13 Membership, Noon
Lunch ‘n Learn: Free LegalResearch: PBA’s InCite Program, Noon–1:15 p.m.
Planning, 4 p.m.
15 St. Paddy’s Day Party, 4 p.m.
19 Family Law, Noon
Board Meeting, 4 p.m.
29 Good Friday, Courthouse closed
APRIL
1 Annual Meeting of the WBA and WBF, Greensburg Country Club, 4 p.m.
10 Membership, Noon
16 Family Law, Noon
Board Meeting, 4 p.m.
of Events TOPTEN
Top Ten Reasons To Attend 2002 Bench/BarConference of the Westmoreland Bar Association
1. Activities at Diva House restrooms to be captured onsecret videotape, used in BarFlies production.
2. Golf tournament not rigged this year.
3. First annual Hunka Hunka Burning Boat Race.
4. CLE credit offered to all who remain awake during PBA President’s special slide presentation of highlightsof year in office.
5. LCL introduces program to assist Family Law practitioners in acquiring social graces.
6. First opportunity for Judge Bloom to test out Clydesdaletransplant.
7. Dan Joseph’s CLE seminar, “Things I Do With MyPalm.”
8. Board of Judges to present own show, “Who’s LaughingNow?”
9. As always, tipping discouraged.
10. All vendors’ products free with attached coupon.