march2015 westmorelandcounty

and the most junior Associate Justiceseated on the left farthest away fromthe Chief Justice.

Amy noticed that even the littlestthing, like placement of a glass ofwater, has a rule to which it mustadhere—the justices’ water glasses arealso lined up according to seniority.

Through her internship, Amydiscovered that she enjoys working inan environment oriented to the use ofobjective criteria and rules and explainsthat that is one of the reasons why shedescribes her new position as her“dream job.” Helping judges andlawyers work efficiently and effectively

is important to her:“Because the courtsare so importantand we knowhow hard our localattorneys work toget good resultsfor their clients,”she says, “I’m

interested in doing whatever I canto make sure that things are run fairlyand efficiently.”

Amy’s experience and knowledgewill help make that happen. After lawschool, she joined her father, ScottMears, at his firm, Mears, Smith,Houser and Boyle, P.C., in Greensburg.For six years, she worked in generalpractice, but devoted the majority ofher time to insurance defense. She then

THE NEWSLETTER OFTHEWESTMORELAND BAR ASSOCIATION

VOLUME XXVII, NUMBER 1MARCH 2015

thesidebarBack issues from 2000 to the present and acomprehensive, searchable index are availableonline at www.westbar.org/thesidebar.

INTHISISSUE

Westmoreland County’s NewCourt Administrator: Amy DeMattby Pamela Ferguson, Esq.

When I asked our newcourt administrator,Amy DeMatt, if I could

interview her for an article in thesidebar, she responded, humbly, thatshe “wasn’t very exciting.” Nothing

could be furtherfrom the truth.

Although a J.D.is not required to beCourt Administrator,Amy, like herpredecessor, PaulKuntz, is an attorneyand a member of ourBar. After receiving abachelor’s degree inphilosophy fromWashington &Lee University in

1996, Amy obtained her J.D. fromWashington & Lee Law School.Law school, however, was not herfirst experience with the courts.

During the spring term of hersenior year of college, Amy appliedfor a six-week internship positionwith the U.S. Supreme Court. Shewas selected, and worked with theAdministrative Assistant to the ChiefJustice. She recalls sitting in on oralarguments and being impressed withthe justices’ intelligence and abilityto recall details of each and everycase before them.

Her internship experience wasn’tall work and no play: she played in afew pick-up basketball games with thejustices’ law clerks in the basketballcourt on top of the Supreme CourtBuilding (facetiously referred to as “thehighest court”), and met a few of thejustices in the SCOTUS weight room.

During the six weeks she had accessto the hallowed halls at 1 First Street,she observed the rule-bound operationof the Court and acquired a respectand deference for those rules steepedin tradition.

Seniority is especially importantin the Court’s operation. During thejustices’ privateconferences, theyspeak and vote inorder of seniorityfrom the ChiefJustice to the mostjunior AssociateJustice (currently,Elena Kagan). Themost junior Associate Justice isresponsible for menial tasks, such asanswering the door of their conferenceroom, serving coffee, and transmittingthe orders of the Court to the Court’sclerk.

During Court sessions, the justicessit according to seniority, with theChief Justice in the center, and theAssociate Justices on alternating sides,with the most senior Associate Justiceon the Chief Justice’s immediate right, continued on page 2

3 In MemoriamRichard A.Kovach 6 Bench/Bar

Preview5From the BenchAYear InReview 11To-Wit:

by S.Sponte 18 Actions

of theBoard7 Jury

TrialVerdicts

�Court AdministratorAmy DeMatt

I’m interested in

doing whatever I can

to make sure that

things are run fairly

and efficiently.

clerked for Judge Christopher Felicianifor eight years in the arenas of family,civil, and criminal court. The differentperspectives she gained as a litigatorand law clerk will help her address theneeds of both the Bench and Bar.

After two months on the job,Amy admits that she is busier thanshe expected; however, thanks toDeputy Court Administrator TamiSilvis, Magisterial District CourtAdministrator Don Heagy, CriminalCourt Administrator Pam Neiderhiser,and Administrative Assistant BobbiWeaver, she is getting acclimated.

Court administration is constantlyevolving and Amy explained that thereare several changes on the horizon.Don Heagy is currently working ontransitioning Magisterial District JudgesCharles Christner and Chuck Moore tonew locations: MDJ Christner will bemoving from his current West Newtonlocation to the Rostraver TownshipMunicipal Building in Belle Vernon,and MDJ Moore is moving from hisScottdale location to his new office atthe Sony plant on Tech Drive in EastHuntingdon. Also, due to a $51,000security grant from the PennsylvaniaSupreme Court, the closed-circuit

security equipment at each MagisterialDistrict Court will be enhanced.

In the Civil Division, 2006,2007, and 2008 cases that have beeninactive for the past two years are beingreviewed and will be listed as “cases tobe purged” in an upcoming issue oftheWestmoreland Law Journal to allowcounsel who feel their cases shouldremain active to move for the deletionof their case from the purge list. InMarch, implementation of the Court’sLanguage Access Plan, a statewiderequirement from the AOPC thateach court has a plan in place toaddress access to the court for thosewith limited English proficiency orare hearing impaired, will begin.

2 • sidebar MARCH 2015

Implementation of new courtreporter rules in each of the court’sdivisions is also in the works.

Despite the rigors of her new job,Amy will continue to make time forher family and friends. She and herhusband, Mike DeMatt, a partner inTurin & DeMatt, P.C., met in lawschool and have been married forthirteen years. They have two children,Owen and Allison, who are ten andseven, respectively.

A running enthusiast—Amy wason the track and cross country teamsin high school, was an All-AmericanCross Country runner in college, andran the Marine Corps Marathon twoyears in a row during law school—Amy continues to run, albeit onlyfor fun. Last summer, as part of arecord-setting relay team, she ran a10-mile section of the 75-mile LaurelHighlands Ultra race.

There is no question that Amy is abusy woman, and starting a new job—particularly one that requires her timeand attention to details in the courts,law library, adult probation, juvenileprobation, and domestic relations—could be overwhelming; but not forAmy. She is ready to tackle everychallenge that comes her way.According to the Courthouse buzz,she’s off to a great start. �

New Court Administrator: Amy DeMattcontinued from page 1

The Court Administrator’s Officeadvises and assists the presidentjudge in the management andadministration of the courts, AdultProbation, Domestic Relations,Judicial Information Services,Juvenile Probation, and the LawLibrary; administratively supportsthe Westmoreland County CourtSystem; and coordinates theefficient operations of the eightinterdependent court departments.

Don’t forget! Pa.R.D.E. Rule219(d)(1)(ii) requires thatevery attorney shall providehis or her current office andresidence address, each ofwhich shall be an actual streetaddress or rural box number, tothe Disciplinary Board. Allchanges in address must bereported to the AttorneyRegistrar within thirty (30)days after such change.

Be sure to inform the WBAas well, so you don’t miss anyimportant mail or e-mailcommunications.

on the move?

by Denis P. Zuzik, Esq.

With the passing of myfriend, Richard A. “Dick”Kovach, on November 19,

2014, the Westmoreland County legalcommunity has been diminished.From the time of his graduation fromthe University of Pittsburgh Schoolof Law in 1973, when he enteredpractice with his father, the late AlbertA. Kovach, as Kovach and Kovach,Dick was the essence of what a lawyershould be—intelligent, astute, learned,prepared, and always ethical. Heskillfully advanced and protected theinterests of his clients. Since Dick was ageneral practitioner who concentratedin the areas of estates, real estate, andtransactional matters, I benefited fromthe numerous personal injury caseshe referred to me over our longprofessional collaboration.

However, to speak of Dick Kovachonly as a highly qualified and mostcompetent legal practitioner is tospeak of only one facet of the man.Dick was first and foremost a familyman. He and his wife, Judy, who manyof the lawyers may remember fromher days working in the original FamilyCourt Administrator’s office in theold Courthouse Annex, raised andeducated their children, Elizabeth,

Dick had a long commitment tohis community. An active, indeed veryactive, Latrobe Rotary Member, he waselected its President and designated aPaul Harris Fellow for his distinguishedservice. Every January,there would arrive inmy office mail twotickets to the Rotary’sannual fund-raisingdinner, accompaniedby his usual letterpointing out howI could participatemore fully in theevent by purchasing awonderful additionalticket package for onlyanother few hundred dollars.

His involvement in the Rotary wasnot only local. In 1991, he was electedDistrict Governor of Rotary District7330. In addition to the Rotary, Dickwas a member of the Latrobe AreaChamber of Commerce and Knightsof Columbus, David P. NolanCouncil 940.

As busy and involved as he was,Dick was not all work and no play andcould enjoy an alcoholic beverage ortwo and an occasional cigar. In 1997,wanting to show some appreciation forthe referrals he always sent my way,I invited Dick to be my guest on a trip.Three of us were going to the MastersTournament in Augusta, Georgia.Being a golfer and owning a golfcourse, Dick was pleased to go.When we picked him up, in additionto his luggage and golf clubs, hebrought along a gallon of pre-mixedManhattans which the three of them(I was driving) managed to consume bythe time we reached Princeton, W.Va.

Douglas, and Sarah, instilling in thema religious and moral foundation, alongwith a strong work ethic. They havedone Dick and Judy proud and giventhem six grandchildren.

Dick was raised Catholic andhis faith was important to him. Heattended Greensburg Central CatholicHigh School, graduating in 1966after performing as a lineman on theschool’s first undefeated football teamin 1964 and being awarded a footballscholarship to Pitt. Dick loved hisparish—St. Vincent in Latrobe—where he served as a Eucharisticminister and previously taught CCDclasses. A long-time supporter of hischildren’s elementary school, Christ theDivine Teacher, it bestowed on him itsDonor award. Likewise, he continuedhis support of Greensburg CentralCatholic High School, whichrecognized him with its DistinguishedCenturion Alumni Award in 2008.

MARCH 2015 sidebar • 3

the sidebar is published bimonthly as a service for members ofthe Westmoreland Bar Association. Letters to the Editor shouldbe sent c/oWBA, 129 North Pennsylvania Avenue, Greensburg,

PA 15601-2311, fax 724-834-6855, or e-mail [email protected]. the sidebarwelcomes submissions from members or non-members. Please submit to the ArticlesEditor, c/oWBA.Back issues from 2000 to the present and a comprehensive, searchable index are

available online at www.westbar.org/thesidebar.

EDITORIAL BOARDDavid J.Millstein, Esq., EditorBeth Orbison, Esq., Assistant EditorThe Hon.Daniel J. Ackerman,

Desert Bluffs Desk ChiefPamela Ferguson, Esq., TerenceO’Halloran, Esq.,Susan C.Zellner, Associate EditorsDiane Krivoniak,Managing Editor

thesidebar

Remembering Richard A. Kovach

�Dick Kovach

Editor’s note: Richard A. “Dick” Kovach passed away onWednesday, November 19,2014. He is survived by his wife, Judith; three children, Elizabeth, and her husband,Daniel Kunz, ofWexford, Douglas, and his wife, Amanda, of Pittsburgh, and Sarah,and her husband, John Thompson, of Greensburg; six grandchildren, Thomas andStella Kunz, Grace and Norah Kovach, and Ryan and Joseph Thompson; two sisters,Bernadette, and her husband, Duane Ponko, of Delmont, and Celine, and herhusband, Kenneth Steinmiller, of Export; three aunts, Scholastica Geary, ElizabethGessler, and Charlotte Shea; and a number of nieces, nephews, and cousins. Memorialcontributions may be made to the Father Gilbert J. Burke OSB Alumni ScholarshipFund, c/o Saint Vincent College, 300 Fraser Purchase Road, Latrobe, PA 15650.

continued on page 4

Dick was the

essence of what a

lawyer should be—

intelligent, astute,

learned, prepared,

and always ethical.

outcome, he was diagnosed with apancreatic tumor in December. Overthe next eleven months, he struggledvaliantly. Always both optimistic andrealistic, as a super lawyer he continuedto work and arrange his affairs (evenselling his beloved Chetremon), doingso to within a week of his passing.

So, you see, Dick Kovach wasmore than a good lawyer. He wasalso a wonderful husband and father,a man of faith, a community-spiritedindividual, fun, and a good friend.He is missed! �

As a memento of that trip, Dickframed a greens flag and his tickets,hanging them on the wall in the eateryof his golf course in Cherry Tree, Pa.,Chetremon Golf Club. Dick’s fatheroriginally purchased the course severalyears ago, and Dick, after assumingownership, continually improved it.The Club became a venue for manyfamily get-togethers and for the annualKovach golf outing where, on the lastSunday in September, he and Judyinvited their friends and special clientsto a day of golf, camaraderie, fun, andgreat food.

And so it was that I was lookingforward to the annual outing at theend of September 2013 when Dickcalled and advised he had to cancelowing to a recurrence of lymphomahe had seemed to defeat several yearsbefore. After undergoing treatmentfor it and initially expecting a positive


Dick Kovach will be among thoseremembered at the WestmorelandBar Association’s 53rd AnnualMemorial Service to be held atthe Courthouse in May 2015.Please plan on joining usto honor our colleagues.

Ameriprise Financial Services, Inc. Member FINRA and SIPC. © 2014 Ameriprise Financial, Inc. All rights reserved.

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232 W. Otterman StreetGreensburg, PA [email protected]/timothy.m.henry

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Remembering Richard A.Kovach continued from page 3

REFERRALS ACCEPTED Contracts andbusiness law. Also will do research andwriting for attorneys. Contact TerrilynCheatham at the Westmoreland CountyPro Bono Office —724-837-5539.

NEW ATTORNEY SEEKING ASSOCIATEPOSITION 2014 JD Graduate. PA BarredNovember 2014. Experienced in draftingpleadings, motions, and briefs and inperforming legal research. Experienceworking in civil, family, and contract lawfirms. Contact Diane Krivoniak or call(412) 973-1626.

BUILD OR EXPAND YOUR PRACTICEJoin the Lawyer Referral Service of theWestmoreland Bar Association. Visitwww.westbar.org/lrs-open-enrollment.

Lawyers’Exchange

(Free to all members of the WBA)

Editor’s note: The Hon. MeaganBilik-DeFazio has been on theWestmoreland County bench for a littleover a year.We asked her to share herthoughts on her first year as a judge.

It is so hard to believe that a wholeyear has gone by already. What awhirlwind it has been! I took the

bench in January 2014 and wasassigned to the Family Division inCourtroom 10. In July, just when I feltlike I was getting the hang of things inFamily Court, I moved to the CriminalDivision and to Courtroom 1. We arefinally settling in now, so it is a perfecttime to reflect on my first year.

I’m not sure that I truly appreciatedhow different the perspective isfrom the bench as opposed to thatof counsel. I find it to be much morecomplicated. I truly see both sides ofeach case now. Sure, there are cases thatare “no brainers,” but even those casestake an enormous amount of thoughtand reflection because I am alwaysmindful of the impact of my decisionon people’s lives. In Family Court,even when it was obvious to mewhat needed to be done, I was oftentroubled by the emotional impactmy decision would have on the family,especially the children.

The children are what I miss mostabout Family Court. I cherished eachmoment that I got to spend talkingwith a child. I learned more from thechildren in custody and dependencycases than I could have ever imagined.I came to appreciate the needsof children in both custody anddependency settings and howvulnerable they are to the effects oftheir parents’ decisions ... and mine.

In custody cases, I found that thechild was often the only voice of reasonin the case, which was frustrating. Independency cases, I was always taken

the jurors’ perspectives following theirverdict.

Upon my transfer to CriminalCourt, I found myself missing the“social work” ofFamily Court, so Iinvited myself to bepart of the criminalDrug Court team.I am really excitedabout this project andI think this team isgoing to do great workto help a lot of peoplein WestmorelandCounty. It will begratifying to be able tooffer another optionfor meaningful recovery to those whotruly want it. We continue to workdiligently to get a quality Drug Courtfunded and up and running in 2015.

Lastly, I have to say I would havebeen lost this past year without eachand every member of my staff. I am sothankful to have “my girls.” I guess I

back by the simple needs and desiresof the children. They never wantedan iPod or a new toy. They wanteda family, someone to sit and dohomework with them, someone todiscipline them when they were actingout. They just wanted those basicsecurities that most children takefor granted.

Family Court also made mecognizant of my parenting. I’m notsure if that’s good or bad. Now, I’malways paranoid that I’m saying ordoing something to scar my childrenfor life. However, I routinely remindmy children that they are blessed andthat they should be grateful to havetwo parents who love, cherish, andprotect them. In Family Court, Ioften felt like Jerry Springer and I wasshocked by some of the things I heard.You really can’t make that stuff up.

Criminal Court is much moretame—both the litigants and thelawyers! I thoroughly enjoy the trialwork, having always been fascinated bythe jury trial system, and I love hearing


From The Bench

AYear In Reviewby The Hon. Meagan Bilik-DeFazio

�The Hon. MeaganBilik-DeFazio

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continued on page 6

Be prepared for a one-of-a-kindexperience when the WBAtravels to the Mountaineer

Casino, Racetrack and Resort onJune 10-12, 2015, for the 29thAnnual Bench/Bar Conference.

From recently and luxuriouslyrenovated accommodations in theGrande Hotel at Mountaineer to livethoroughbred racing (Wednesdayonly); from table games, and slotmachines to outdoor bar-b-que;from a day of pampering at the splendid full treatment spato a day of relaxing golf at the private Williams CountryClub, you won’t want to miss a minute of the fun.

Of course, there will still be free CLE seminars,a Young Lawyer hospitality suite, live entertainment, avendor exhibit, and most importantly, the opportunity tounwind and hang out with judges and fellow bar membersin a relaxed atmosphere.

So, clear your calendars for Wednesday June 10, throughFriday, June 12, and plan to head to the Mountaineer forthis year’s BBC! �

should thank Judge Caruso and Senior Judge Blahovec, fromwhom I luckily inherited most of my staff. Thank goodnessAnita, Kathy, and Ruth didn’t retire along with the old guys.They are the best at what they do. Betty saves me frommyself each and every day and is so vital to my day-to-dayaffairs that I have eliminated all of her vacation time. Mylaw clerk, Jaime, is one of the brightest and most diligentyoung lawyers I have ever met. I say this knowing that it’sonly a matter of time before someone hires her away fromme. Lastly, my deputies, Shawn & Sharon, are a well-oiledmachine. I really lucked out with them! My team has rolledwith the punches this past year with minimal complaining.I am truly grateful to them.

Finally, I want to thank the members of the BarAssociation for your continued patience and professionalismas I get acclimated to my new role and I hope you enjoybeing in my courtroom as much as I enjoy having you. �


AYear In Reviewcontinued from page 5

Bench/Bar 2015 Returns toThe Mountaineer

ClearYour Calendars: June 10-12

LORRAINE A. ROSSIV.

PENNSYLVANIA DEPARTMENTOFTRANSPORTATIONNO. 269 OF 2011

Cause of Action: Negligence—Automobile Collision

On February 2, 2009, PlaintiffLorraine Rossi was parked on NorthMain Street in Greensburg. As she

was preparing to exit the driver’s seatof her vehicle, she looked over her leftshoulder to check for oncoming traffic,placing her left arm on the headrest.While in this position, a PennsylvaniaDepartment of Transportation(“PennDOT”) snow plow struckPlaintiff ’s side view mirror, breakingthe mirror’s glass and causing it torotate forward. Plaintiff claimed thatthe impact caused her body to bedriven into her steering wheel, whileher left arm remained stuck on theheadrest. Plaintiff claimed that shesuffered a torn left rotator cuff, alongwith neck and back injuries, as a resultof the incident.

Defendant denied that its snow plowstruck Plaintiff ’s vehicle. Defendantfurther denied that any supposedcontact could have caused the injuriessustained by Plaintiff, as the contactwould have been minimal.

Both parties presented the testimonyof an expert witness. Orthopedicsurgeon Gregory Hung, M.D., testifiedon behalf of Plaintiff. Defendantpresented the testimony of Richard A.Bragg, Ph.D., P.E., a civil engineer andaccident reconstructionist. Dr. Braggtestified that Plaintiff ’s vehicle, a GMCYukon XL Denali, would not havemoved as a result of the contactbetween the snow plow and the sideview mirror.Trial Date(s): January 7-8, 2015Plaintiff ’s Counsel: Paul G. Mayer,

Jr., Pgh.Defendant’s Counsel:Henry J. Salvi,

Attorney General’s Office, Pgh.Trial Judge:The Hon. David A.

RegoliResult: Verdict in favor of Plaintiff in

the amount of $0.00. The jury found

JANUARY 2015TRIALTERM

Of twenty-one cases listed forthe January 2015 Civil JuryTrial Term, five settled, twelve

were continued, and four resulted in ajury trial.

JOHN A. FRANKV.

PENNSYLVANIATURNPIKECOMMISSION

NO. 2541 OF 2012

Cause of Action:Employment Discrimination

Plaintiff was employed by DefendantPennsylvania Turnpike Commissionfrom October of 1987 throughNovember of 2008, at which timehis position as Relocation Officerwas eliminated. Plaintiff filed anapplication with Defendant for theposition of Right-of-Way AcquisitionSpecialist in December 2010. Plaintiffalleges that he was qualified for such aposition based on his prior experienceworking for Defendant.

Plaintiff received a rejection letterfrom Defendant in January 2011 andwas 60 years old at this time. Plaintiffcontends that Defendant hired asignificantly younger individual withless experience to fill the position.Plaintiff alleges that Defendant violated

the Pennsylvania Human Relations Actand seeks damages for lost back-payand front-pay wages. Defendant deniesthat Plaintiff was discriminated againstbecause of his age, and that it had alegitimate non-discriminatory reasonnot to hire Plaintiff.Trial Date(s): January 12–14, 2015Plaintiff ’s Counsel: Colleen Ramage

Johnston and Nikki Velisaris Lykos,Pgh.Defendant’s Counsel:Michael A.

Farnan, Camp HillTrial Judge:The Hon. Anthony G.

MarsiliResult: Verdict in favor of Defendant.

JURYTRIALVERDICTS

by Beth Orbison, Esq.,Shane M. Sarver, Esq.,and Emily Shaffer, Esq.


continued on page 8

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that Defendant was negligent, butdetermined that Defendant’s negligencewas not the cause of Plaintiff ’s injuries.Thus, the jury did not award Plaintiffany damages for pain and suffering.

ROBERT ROY MARTIN ANDMARJORIE SUE MARTIN

V.D.M. BRENTZEL BUILDERS, INC.

NO. 5621 OF 2008

Cause of Action: Breach of Contract —Unfair Trade Practices and Consumer

Protection Law

Plaintiffs alleged that Defendantbreached a June 1, 1995, contract andviolated Pennsylvania’s Unfair TradePractices and Consumer ProtectionLaw (“UTPCPL”) stemming fromthe construction and land grading ofa home purchased by Plaintiffs fromDefendant. Plaintiffs claimed that as aresult of the construction by Defendant,a landslide occurred in the rear ofPlaintiffs’ property that damaged a deckattached to their residence. Plaintiffs

DARREN PELLMAN ANDLORI PELLMAN

V.DECESARE CORPORATIONANDTED M. DECESARE

NO. 2419 OF 2012

Cause of Action: Breach of Contract

In March 2007, Plaintiffs enteredinto a written contract with Defendantsto build them a house in PennTownship. Construction commenced,and some time in June 2008, Plaintiffsmoved into their home. Plaintiffsalleged that Defendants’ workmanshipand construction of their personalresidence was defective and deficient,including the following aspectsof construction: roof, basementfoundation, hot water tank, andelectrical and plumbing systems.Despite Plaintiffs’ requests for repairand/or a credit or set-off, Defendantsfailed to correct the alleged deficienciesto the Plaintiffs’ satisfaction.

Plaintiffs filed suit asserting:(1) breach of contract; (2) breachof warranty; (3) negligence; and (4)piercing the corporate veil. At trial, inaddition to the testimony of the parties,both parties presented expert testimonyfrom witnesses who were experienced inthe construction industry.

Before deliberations, the Courtgranted a non-suit on both the breachof implied warranty of habitabilityclaim and the negligence claim.The jury considered only whetherDefendants breached their contractwith Plaintiffs for the constructionof their home in a proper andworkmanlike manner.Trial Date(s): January 5–9, 2015Plaintiffs’ Counsel: Joseph J. Bosick

and Bradley A. Matta, PietragalloGordon Alfano Bosick & Raspanti,LLP, Pgh.Defendants’ Counsel: Bernard P.

Matthews, Jr., Gbg.Trial Judge:The Hon. Richard E.

McCormick, Jr.Result: Verdict in favor of the

Defendants. �

alleged that Defendant breached thecontract and violated the UTPCPLby failing to provide a residence freefrom a landslide. Plaintiffs thus soughtrecovery of the money they had toexpend to remediate the damage causedby the landslide. Defendant denied thatits construction contributed to thelandslide, which occurred on February1, 2005, over nine years after Plaintiffstook possession of the residence.Trial Date(s): January 12, 2015Plaintiffs’ Counsel:William P.

Bresnahan II, Pgh.Defendant’s Counsel:Mark Ulven,

Pgh.Trial Judge:The Hon. David A.

RegoliResult: After Plaintiffs presented

their case-in-chief, Defendant movedfor a compulsory non-suit, whichthe Court granted as to Plaintiffs’UTPCPL claim. After Defendant pre-sented its evidence as to the remainingbreach of contract claim, jury returneda verdict in favor of Defendant.


JuryTrialVerdicts continued from page 7

where in the worldIS THE WBA MEMBER?where in the worldIS THE WBA MEMBER?

SAINT LUCIA

Terry O’Halloran and his wife, Sherry, visited Saint Lucia this past Novemberas part of a Caribbean cruise from San Juan, Puerto Rico. “Our ship is inthe background behind my head,” says Terry. “That damned big head hideseverything!”

SAINT LUCIA

THOMAS B. ANDERSON hasrejoined the WBA as a participatingmember. He earned a bachelor’s degreein political science from West VirginiaUniversity, and his J.D. from DuquesneUniversity. Tom is a shareholder withThomson, Rhodes & Cowie, P.C. inPittsburgh. He and his wife, Annette,have three children, Tommy, Jeffrey, andRayna, and live in Mount Pleasant.P. MICHAEL BOSCHA has joined

the WBA as a participating member.Michael studied at the University ofPittsburgh and Allegheny College, wherehe majored in history, philosophy, andeconomics, and earned his juris doctordegree from Duquesne University. Heresides in Greensburg.FAITH A. BURNS has rejoined the

WBA as a participating member. Sheearned her undergraduate degree fromSaint Vincent College and earned herJ.D. from Widener University. Faith is asole practitioner in Greensburg and livesin Latrobe.MATTHEWR.COMSTOCKhas been

admitted as a participating member ofthe WBA. He earned a bachelor’s degreein international politics from Penn State,and his J.D. from the University ofMissouri–Columbia. Matthew and hiswife, Devon White, live in Hunker.

GEORGE C. MILLER, JR.,has beenadmitted as a participating member ofthe WBA. He earned a bachelor’s degreein political science from Saint VincentCollege, and his J.D. from Ave MariaSchool of Law in Naples, Fla. Georgeclerked for The Hon. Joseph M. George,Jr., in Fayette County before joining thestaff of The Hon. Harry F. Smail, Jr., inWestmoreland.JOHNJ.PETRUSH,JR., has rejoined

the WBA as a participating member.John studied international relations andhistory at the University of SouthernCalifornia, and earned his J.D. fromthe University of Pittsburgh. He is aWestmoreland County Assistant DistrictAttorney. He and his wife, WBA memberJudith Petrush, have two children,Nicholas and Cecilia, and live inDelmont.VANDA RASZEWSKI was admitted

to the WBA as a participating member.She earned a B.F.A. in Acting fromNew York University, and earned herJ.D. from the University of NorthCarolina. Vanda is an associate withHorner Law Firm, P.C., in Murrysville.She and her husband, Karl, live inTrafford with their two children,Charisma and Karl (“Trip”).THERESA MERRILL STONES has

joined the WBA as a participatingmember. An English major at AlleghenyCollege, Theresa earned a Master of ArtsDegree from the University of Illinois atUrbana-Champaign and her J.D. fromthe State University of New York atBuffalo. She and her husband, AJ, havetwo children, Daniel and Benjamin, andlive in Trafford. �

GREGORY J. DEFLORIA hasrejoined the WBA as a participatingmember. Greg earned his undergraduatedegree from Pitt, where he majored inpolitical science, his J.D. from theUniversity of Toledo, and is an AssistantDistrict Attorney for WestmorelandCounty. He and his wife, Janice, have adaughter, Gina, and live in Greensburg.ANDREWC.HARVANwas admitted

to the WBA as a participating member.He earned a bachelor’s degree in politicalscience from Saint Vincent College, andhis J.D. from Ohio Northern University.An associate with Sean Cassidy &Associates in Greensburg, Andrew livesin Mammoth.


LawSpeak“At his best, man is thenoblest of all animals;separated from law andjustice he is the worst.”

— Aristotle

NewMember SketchesThe court en banc willrecognize the newest

members of the WBA atthe annual New MembersCeremony scheduled forTuesday, March 17, in

Ceremonial Courtroom No. 3at the Westmoreland CountyCourthouse at 3:00 p.m.

Please join us for acomplimentary receptionat The Rialto following

the ceremony.

Galloway•Monzo, P.C.is pleased to announce that

Victor G. Myershas joined the firm as an

Associate Attorney.Victor, the son of Scott and Toni Myers,earned his law degree fromOhio NorthernUniversity in 2014 and graduated fromFranklin andMarshall College in 2009 witha degree in Environmental Studies. Victorwas admitted to practice in 2014 and willbe practicing in the areas of criminal lawand civil litigation. We look forward to

Victor’s capable representation,as our firmcontinues to providethe highest quality legalrepresentation to our clientsin Westmoreland County andsurrounding areas.

by Terry O’Halloran, Esq.

On a recent Saturday, my wifeand I met two other couplesfor dinner at The Road Toad,

an establishment along Route 30in Ligonier Township overlooking theLoyalhanna Creek. We’ve been cominghere for years, but THIS time, I waswearing my “undercover” hat as an exofficio food critic envoy of the sidebar.

Be prepared—the building is set upso you actually enterthe premises throughthe bar. This couldbe a turn-off for somepeople, but harkeningback to my Irishroots, I, of course,immediately felt athome: very “Irishpub-like!” Particularlyso because it’s an

impressive bar: a large three-sidedsquare arrangement that, when filledwith convivial conversations andlaughter like that Saturday night,makes you shed any dark mood youmay be wearing, along with yourovercoat when you come throughthe door.

And the wine list has all the standardpotables one could definitely call ... wet.All right, nothing outstanding here,but all drinkable—at least the ones I’llput down MY throat—and it appears

there is an ample selection,most of which, by my

choice, I’ll never know,to complement thefood. And the beerselection is unusually

large, I think, with evena few local craft beers

being provided as a rule.Now remember, you

overlook the Loyalhanna when youeat here. In the summer, you have anoutside creek-side view of the beautythat flows past you. In the winter,you can sit in the glass enclosedporch overlooking the same beautifulLoyalhanna with an ice-coveredmajesty you can get No Where Else!

If I could change anything here,I’d wish for an even bigger glassed-inporch from which to see “the View.”Understanding that there is absolutelynothing wrong with any of the diningareas in The Road Toad, I would adviseto either make reservations early or eatthere at off-peak hours to sit where

We “O’s” were the last of the partyto arrive (as ALWAYS, dammit, butthat’s another story!), so we wereimmediately taken to our seats fordinner. Of course, we “O’s” wereallowed to relax with arefreshing adult beverage,but our company washungry, so the food wasordered quickly. And soI’ll get right to my job.

I would describe thefood here, overall, asdefinitely “more thanadequate.” It is not hautecuisine, nor is it intended to be. I’dcall it “American Eclectic.” Take ourevening, for example. Six meals at ourtable: two beef filets (the “special”), oneahi tuna, one crabmeat-filled cod, onepiccata chicken, and one (yew!) liverand onions. And every one was done,by the eaters’ reports, to a degreebetween “very tasty” and “wonderful!”Even the liver, I’m told. My own palatewill never know. You do pay a la cartefor sides, which can be a bit pricey, tobe honest, so be careful when youorder. The unrelenting correlationbetween the volumes I ingest and myoutlay of cash is forever discouraging,no matter where I eat.


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continued on page 12

sidedish

�Terry O’Halloran

It wasn’t unexpected; in fact, ithad been planned for some time.Yet when I walked into my law

library and watched as the moversunceremoniously pitched book afterbook into a wheelbarrow to be cartedoutside to the waiting Dumpster, itfelt nothing less than like I’d been hitin the head by an object moving atspeed. For the brief period of timethat this psychotic moment assumedfull rein, my stomach churned, myknees buckled, and it seemed as if myentire professional life had hit the dirt.

The anxiety engendered by thecertain approach of this cataclysmicevent had been depressing me eversince I decided to move my officeto smaller quarters, quarters that hadprecious little room for such superfluouslegal paraphernalia as law books.

Yikes! I just referred to law booksas superfluous legal paraphernaliaand yet here I still sit, no heaven-sentbrimstone reducing me to ashes, no

The last time Isaw a law bookactually beingused was in arecent televisioncommercial inwhich someoneplaying a physician,standing in front of a bookcase, puta copy of a Pacific Reporter back on ashelf before turning to the camera topitch a cure for diarrhea.

Computer research is just not thesame as using books, not even close.There’s no heft to it, no mass, noweight, and the opinions we nowprint out and hold in our hands havealways seemed to me to possess waytoo much ethereality to govern theaffairs of humankind.

In yesteryear, we all carried booksto oral argument. “Perhaps if YourHonor would just read this,” I wouldsay, offering up a bound volume

cavernous fissures opening up toswallow me whole hog, no womandemanding marriage.

I have forever had a reverencefor books, all books (exceptingperhapsMein Kampf ), but lawbooks have always seemed to meto be particularly holy. They are thecorporeal substantiation of professionalknowledge, the foundation uponwhich the entire structure of lawhas been erected.

Every real lawyer has been in a truelaw library at one time or another, andinsurance defense counsel must surelyhave heard about them. They arethings of such beauty, such elegance,such splendor that I have clung tomine long after most of the volumeshad been reduced by the Internet tonothing more than window dressing.

It’s all done by computer now, ofcourse, a few keystrokes here, a fewmouse clicks there, and presto chango,the entire world of law is all there.


To-Wit:Wild Pitch


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bookmarked to a specific case, “the Court may realize howmeretricious opposing counsel’s argument really is.” Butif I’m going to harness my vast vituperative vocabularyto justifiably denigrate every opposing counsel whodisagrees with me, I sure as hell want something with

more stopping power than acomputer printout.

But to my eternal sorrow, it won’tbe that way ever again. The newergenerations of lawyers do their researchin the clouds and have no worshipof bound volumes, no veneration ofsuch bygone things as advance sheets,decennial digests, state reporters. Thevery things that used to evoke suchawe at their assemblage now nolonger elicit so much as the slightest

“aw” at their dismemberments.We cannot permit our beloved books to pass thusly.

I therefore beseech all of you to join me next Friday,precisely at noon, as together we rise wherever we areand observe a moment of silence for our dearly departedfriends. Insurance defense counsel are excused. �

© 2015, S. Sponte, Esq.


To-Wit:Wild Pitchcontinued from page 11

The RoadToadcontinued from page 10

you will want to sit—On The Porch! Because if you sitanywhere else, it won’t be—On The Porch! Got it?

But regardless of where you sit, it appears the owner hastaken the time to hunt down and hire a nice staff to serveyou. Speaking for myself, a friendly, efficient wait staffalways makes my meals taste better.

We’ve been coming to this place foryears and in writing this piece, I wastrying to identify why I keep comingback. Certainly the quirky nameplayed its part in the beginning,but I’m long over that. And it isperfectly located as the first oasiscoming back from Ligonier after aday-long shopping expedition with mywife. I mean, I’ll stop here for a respitedinner rather than seek the electric shock therapy I reallyneed after those days. But I’m not put through thosetortuous excursions often enough to explain how we’vecome to be here as often as we have over time.

I suppose it all comes down to the basics of consistentlygood food in a beautiful setting with an amiable atmosphere.“Comfortable” is a powerful draw to me for my diningexperience, it appears. �

sidedish

The United States Constitutionstands as such a national icon;it is hard to imagine that, after

it was drafted, anyone would questionthe wisdom of the delegates who hadlabored in secrecy at IndependenceHall in what was then called theFederal Convention. It was not calledthe Constitutional Convention inthose days, for its members wereenlisted to make amendments to theArticles of Confederation, which hadproved so problematic during theRevolution, and not to design a newgovernment. While the delegates actedoutside of their authority, they wouldprescribe a method for the ratificationof their actions and the constitutionthey finally agreed upon. Approvalwould be sought, not from theConfederation Congress or thelegislatures of the thirteen states, butfrom the people, through those theychose to send to special ratifyingconventions in each of the states.

Constitutionalist Party, which hadattracted Scotch-Irish and Germansettlers in the “back counties.” Theirpolitical opponents—mostly fromthe mercantile and professional classesof the east—who called themselvesRepublicans in statepolitics, labeled theConstitutionalists as“Antifederalists.”Other Antifederalistsfrom westernPennsylvania,though they werenot delegates tothe convention,included HughHenry Brackenridgeand Albert Gallatin.

ONTHE ROADTO RATIFICATIONAn Ulsterman, William Findley,

at age 22, immigrated to Pennsylvaniain 1763, and arrived in WestmorelandCounty 20 years later, four years priorto the beginning of the ratificationproceedings. In the interim, hehad farmed and raised a family inCumberland County, and served asa militiaman during the Revolution,rising to the rank of captain in theEighth Battalion of the CumberlandCounty Associators. He quicklytook root in Westmoreland County,purchasing a farm in Unity Townshipon the banks of the Loyalhanna Creek,between what would come to beLatrobe and the St. Vincent Monastery,and which he would call home for thenext 36 years.

In addition to being a farmer, thislarge man with a florid complexionwas also a weaver by trade, a prominentPresbyterian churchman, and a

In Pennsylvania, support for theproposed constitution was strong inPhiladelphia and the southeasterncounties, and many there hoped thatthe state would be the first to ratify thenew constitution; a distinction whichultimately would belong to Delaware.In the final tally at the PennsylvaniaRatification Convention, which met inPhiladelphia at the Pennsylvania StateHouse, now known as IndependenceHall, from November 21 throughDecember 15, 1787, the yeas wouldoutnumber nays 46-23; but in the end,surprisingly, one-third of the delegates,primarily from Western Pennsylvania,were opposed to adopting theconstitution presented to them.

The minority faction was led byRobert Whitehall of CumberlandCounty; John Smilie of the newlycreated Fayette County; and afarmer-delegate from WestmorelandCounty, William Findley. All threewere, ironically, members of the


Westmoreland Revisited

Constitutional Challenge:The Voice of Westmoreland’s WilliamFindley In Opposition to Ratification

by The Hon. Daniel J. Ackerman

�The Hon. Daniel J.Ackerman


self-educated writer, who immersedhimself in the county’s political life.While he was not known as a giftedorator, his political prowess wasfounded upon his ideas and hiscommon touch with frontier neighbors.This, in short order, would bring himto the ratification convention.

Many in the back counties ofthe west struggled with mistrustand resentment of those in the east,feelings which were exacerbated bythe ratification debate, and whichwould eventually come to a head inthe 1794 insurrection known as theWhiskey Rebellion.

Distrust was a two-way street.The election of delegates to theconvention on ratification wasscheduled for November 6; yet onOctober 31, a Philadelphia newspaper,the Freeman’s Journal, printed a letterfrom western Pennsylvania askingwhen copies of the proposedconstitution, which had been printed

Wilkes-Barre candidly noted that hehad “carefully avoided” letting localpeople learn “that any objections weremade to the Constitution.” A similarform of censorship carried over to thereporting of the ratification conventiononce it was underway.

Despite all this, and the ultimatevote both in Pennsylvania and theother twelve states, the noted historian,Samuel Eliot Morison, wrote, “There islittle doubt that the Antifederalistswould have won a Gallup poll.” And“the Federalist policy [in Pennsylvania]was to rush things through before the[opposition] could organize.”

THE GREAT DEBATESo just what did the Antifederalists

want? The purpose of the conventionwas to ratify or deny ratification tothe proposed constitution as a whole;the delegates could not proposeamendments. Those who wouldoppose ratification would nevertheless

and circulated, would be sent tothat part of the state. It was an openquestion as to whether the Republican,pro-constitution state government hadsuppressed or failed to facilitate thedistribution of the document toa part of the state most likely to beopposing it.

On the night of the election,Findley, Smilie, and other doubterswho were in Philadelphia, had theirboardinghouse stoned by a mob. A$300 reward was offered by the state’sexecutive counsel for the apprehensionof the perpetrators, but nobody wascaught, and the story was not carriedin any of the city’s newspapers.

Federalist essays were widelycirculated, and the Federalist Papers,written by James Madison, AlexanderHamilton, and John Jay, are still widelyread today as a valuable source ofconstitutional history, but the essaysof the Antifederalists were often stifled.For example, Ebenezer Bowman of


William Findley continued from page 13

call attention to specific omissions orsections which they found disagreeable.

One common objection wasthat the document contained no billof rights. Findley was particularlydistressed that there was no provisionfor securing the right of trial by juryin civil actions, as was providedfor criminal cases. Others (thoughneither Findley nor Smilie) wanted aunicameral legislature, such as thatused in Pennsylvania at the time.Some voices favored a larger Houseof Representatives; reduction of thegovernment’s treaty-making powers;shorter terms of office; immediateprohibition on importation of slaves;the right to bear arms; the right “tofowl and hunt” on unenclosed landand to fish on all navigable waters;to limit the taxing power to “impostsand duties upon goods importedand exported, and postage on letters”;and to deny Congress power overinheritance laws and the regulationof contracts.

Vituperation and insult were nostrangers to 18th century politicaldebate. Steven Chambers, a delegatefrom Lancaster, questioned from thefloor Findley’s patriotism, service inthe Revolution, and character. Findleyreplied that Chambers was, true toform, doing what he always did in

Two delegates, James Wilson andThomas McKean, mocked him, withMcKean—who was also Pennsylvania’schief justice—saying that jurytrials never existed anywhere but inEngland or in governments modeledafter England. The next day theself-educated farmer and weaverbrought two books with him, withproof that indeed, Sweden oncehad jury trials: a Universal History,published in London, and the thirdvolume of Blackstone’s Commentarieson the Laws of England, tartly addingthat if his son had been studying lawfor six months and was unacquaintedwith the passage in Blackstone, “Iwould be justified in whipping him.”The chief justice had the good sense tonot make any comment, while Wilsonsaid, “I do not pretend to remembereverything I read.”

Of course, there was more atstake than such trivial things as thehistory of the Swedish judicial system.Articles were being printed in variousnewspapers lamenting the extremelylow voter turnout for the election ofdelegates to the ratification convention.In response, Findley tried to block thevote of the delegates. Historian PaulineMaier wrote:On the morning of December 12,

Findley—building no doubt on thosenews items—told the convention that,according to the “best informationhe could get,” no more than a sixthof the people had participated inthe vote for convention delegates.Since a majority of the people couldwell be opposed to the Constitution,he proposed deferring the vote onratification until “the generalsentiments of the people could beobtained.” More ominously, he saidthat under the circumstances theminority would not feel boundby a positive vote and had a rightnot only “to object to the proposedConstitution” but also, if it pleased,“to associate under another formof government.”Associate under another form of

government! This would certainly

debates, which was “to discoursewithout reason and to talk withoutargument.”

Findley was no wide-eyed radical; heconceded of the proposed constitution:“Its outlines are well laid,” and thatamendments “may answer all ourwishes.” Yet, he wasn’t a pushover. Herebuked the drafters for not includingthe right to trial by jury in civil cases,asserting: When Sweden abandonedjury trials, “the commons of thatnation lost their freedom”… and a“tyrannical aristocracy” took over.


�William Findley, by Rembrandt Peale, 1805.


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, 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 make checkpayable to the Westmoreland Bar Foundation andmail to WBA Headquarters, 129 N. Pennsylvania Ave.,Greensburg, PA 15601.

have hit a nerve, for only six monthsearlier a rebellion of anti-governmentprotesters in central and westernMassachusetts led by Daniel Shays hadbeen quashed. Their goal had been toshut down the state government overwhat the protestors deemed oppressiveeconomic policies, and they haddisrupted normal operations of the statefor nine months. More ominously, itreflected the fact that among manywesterners there was a willingness to atleast consider the possibility of secessionand the creation of a new nation;an idea which would later be floatedduring both the Whiskey Rebellion(1794) and the Burr Conspiracy (1805).

POST-RATIFICATIONThe ratification vote took place

on December 12, 1787, but theconvention remained in session forthree more days, presumably to dothe paperwork. Thereafter, one by one,over the next 29 months, other state


William Findley continued from page 15

conventions would follow suit, untilon May 29, 1790, Rhode Island,which at the beginning of the processwas considered the most doubtful,became the 13th and last state to do so.

After ratification, Findley, in 1789,would be one of the leaders in yetanother convention which drafted anew Constitution for Pennsylvania;and he would soon thereafter servethe new federal government, whichthe United States Constitution created,by representing the county in Congressfrom 1791 to 1799, and then again,from 1803 to 1817. During theWhiskey Rebellion, many of hisconstituents opposed the federalgovernment and he argued on theirbehalf, while at the same time triedto mediate the dispute. In 1796, as aresult of this experience, he wrote the“History of the Insurrection in WesternPennsylvania.” He died at age 80 in1821, and is buried in Latrobe’s UnityCemetery.

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The Constitution he argued againsthas served us well, and he would likelyagree that the amendment processdid, in fact, answer many of his wishes.It has yet to fully meet the expectationsof another delegate, Benjamin Rush,who predicted that “a millennium ofvirtue and happiness” would followits enactment. �

SOURCES—Albert, George Dallas. History of

Westmoreland County. H. L. Everts &Co., 1882.

—Maier, Pauline. Ratification. Simon &Schuster, 2010.

—Morison, Samuel Eliot. The OxfordHistory of the American People.Oxford University Press, 1965.

— Schueller, Malini Johar and Watts,Edward. Messy Beginnings. RutgersUniversity Press, 2003.

— “Shay’s Rebellion.” Wikipedia. Web.13 Sept. 2013.

— “William Findley.” Wikipedia. Web.11 Sept. 2013.

Your honor, Sir,So it has come to this. The

county intends to put profitahead of fond memories, nostalgia,and historical significance. Mycellmate, Jeeter, has just showedme a clipping which Darlene, his

significantother,sent him

which boldlyproclaimsthat it isthe county’sintent to sell

SCI-Greensburg. It was, yourhonor, bad enough when they

closed this venerable institution, butthere remained still the hope thatwith a reversal in the crime rate(one can always hope) it somedaymight be put back in service.

Do the commissioners think thatsuch a crass move will have no effecton those who, through human frailty,bad luck, and an unsympathetic juryspent some of the best months oftheir lives there, while learning todraft motions for post-trial relief?Most of the memories of the timespent there may be bad, but at leastthey are ours. Jeeter points outthat his father met his mother inJeannette while on work-release fromNo. 5; and some of us met acquain-tances there with whom we havereconnected in other institutions orin the waiting rooms of parole offices.

The buildings have historicalworth. The place opened way backin 1969, and was the first regional

opening it as a theme park wherefuture generations could show theirgrandchildren just where bad timingand the lack of attention to detailmight land them.

Please, your honor, do somethingto stop this desecration, but if youcan’t, we would settle for a historicmarker and a parole. �

Sincerely,Ricky H. Benbow, Sr.

correctional facility in Pennsylvania,housing an assortment of inmatesfrom nine different counties, andsome of our most esteemed seniorjudges happily sent their firstconvictees there. First will be thesale, and then the bulldozers will notbe far behind. Your honor, it will belike razing the Bastille or Alcatraz.If kept as is the county would havethe option of attracting tourists by


Letters to the Judge

FORSALE

Looking to hire or be hired?TheWestmoreland BarAssociation operates an

informal placement service forparalegals, legal secretaries,and attorneys by collectingrésumés and forwarding them

to potential employers.Contact Bar Headquarters

at 724-834-6730, [email protected] more information.

Actions ofthe BoardNOVEMBER 13, 2014• Accepted Director Beth Orbison’s

resignation from the WBA Board,effective December 1.

• Accepted Membership Committeereport: George Miller and MichaelHilliard as associate members.

• Tabled vote on 2015 budget untilDecember Board meeting.

• Accepted proposal for appraisal ofWBA building by Gary Hayden at acost of $1,200.

• Discussed opening on LLS board,which needs to be filled at end ofDecember.

• Voted accordingly on proposedbylaw changes:Approved bylaw change in Article VI,Paragraph 7 for vote at the nextquarterly meeting.ARTICLE VI PARAGRAPH 7:EXCEPT WHEN A VACANCYIN ANY EXECUTIVE BOARDPOSITION IS FILLED BY

AUTOMATIC SUCCESSION ASOUTLINED BY THE BYLAWS, ANELECTION SHALL BE HELD AT THENEXT SCHEDULED MEETING OFTHE ASSOCIATION CONSISTENTWITH ARTICLE IV - MEETINGS OFMEMBERS - WITH THE ELECTIONOF THE HIGHEST OFFICE TO OCCURFIRST.Approved bylaw change in ArticleVII, Paragraphs 1-2 for vote at thenext quarterly meeting.ARTICLE VII PARAGRAPHS 1-2:1. Three Directors, who shallbe either Participating or LifeMembers, shall be elected to theBoard to serve for a three-yearterm. Their terms shall bestaggered so that one Directoris elected each year. All sittingmembers may complete theirelected terms.

2. Any vacancy resulting in fewerthan three directors shall be filledby the next most senior director.The most senior director betweentwo directors elected the sameyear shall be determined bycasting lots or mutual agreement


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between the two directors. Thefinal resulting vacancy shall befilled by vote of the membershipat the next annual scheduledmeeting.

Approved bylaw change in Article IV,Paragraph 8 for vote at the nextquarterly meeting.ARTICLE IV PARAGRAPH 8:8. Members put forth by theNominating Committee shallautomatically be placed on theballot. Nominations may alsobe made from the floor, providedthat the member has given theExecutive Director written noticeof his/her intent to seek electionat least two weeks prior to themeeting. In such case the Execu-tive Director shall immediatelygive notice by electronic means tothe members of the Association.In the event that there is nocandidate for any given vacancy,who meets the above criteria,nominations shall be permittedfrom the floor without priornotice.


BR I EF LYSPEAKING

Trent A. Echard was electedto Shareholder of Strassburger,McKenna, Gutnick & Gefskyin Pittsburgh. His practiceincludes all types of civillitigation. In addition, Trentserves as Co-Chair of the firm’s

Oil and Gas Practice Group and devotes asignificant part of his practice to representinglandowners and commercial enterprises innegotiating leases and contracts, and resolvingsurface use, lease and title disputes. He is also alicensed patent attorney. Trent is an honorsgraduate of Carnegie Mellon University, withdegrees in Mechanical Engineering and BiomedicalEngineering. He has a law degree from CaseWestern Reserve University. Following law school,Trent served as a judicial law clerk in the U.S.District Court for the Northern District of Ohio.�

Pittsburgh Corning Corporationhas appointedRosalie J. Bellas Vice President and GeneralCounsel. Rose has served asGeneral Counsel of PittsburghCorning Corporation since2006. She is the chief legal

advisor for Pittsburgh Corning Corporation andPittsburgh Corning Europe, functioning as GeneralCounsel, Chief Compliance Officer, and AssistantSecretary on a worldwide basis. In addition, sheserves as a Director of company subsidiariesworldwide. Rose joined the Legal Department ofPittsburgh Corning Corporation in 1989 as aCorporate Paralegal. Throughout her 25-yearcareer with the company, she has served in aseries of legal roles with increasing responsibility,including Corporate Counsel, Senior CorporateCounsel, and General Counsel. Before joiningPittsburgh Corning, she worked in the legaldepartment of Westinghouse Electric Company.Rose earned a Bachelor’s degree in Social Workfrom the University of Pittsburgh and a J.D.degree from Duquesne University School of Lawin Pittsburgh.�

DECEMBER 18, 2014• Accepted Membership Committee

report as presented: VandaRaszewski, John Petrush,Andrew Harvan, Greg DeFloriaand Michael Comstock, asparticipating members.

• Approved 2015 budget with increaseof $15,000 for building renovations.

• Agreed to post upcoming InvestmentCommittee meetings on the boardagenda.

• Agreed to look at Laurel LegalService bylaws to seek changeto allow WBA executive directorto sit on the board as appointeeof the WBA.

• Voted to distribute a request forproposals to address the buildingfaçade renovation, including atimeline for bids to be receivedand project to be completed.

JANUARY 29, 2015• Accepted Membership Committee

report as presented: Tom Andersonand P. Michael Boscha, asparticipating members.

• Learned of a $42,000 surplusat end of year, with $20,000contributed to the Pershing accountin late December.

• Learned that Scott Avolio wasappointed to LLS Board effectiveimmediately.

• Agreed to invite anyone interested inserving as PBA Zone 6 Governor toattend the February Board meetingand meet with the WBA Board.

• Learned that the WBA buildingappraisal will not be completeduntil early March.

• Voted to place a Board memberon the sidebar editorial boardfor improved continuity andcommunication between therespective boards.

• Agreed to send a membershipe-letter to advertise—one moretime—the board and committeeopenings.

• Agreed to hold Annual Meeting atRizzo’s on April 6.

• Agreed to explore possiblesponsorship of Art On Tap forthe new museum.

• Authorized the expenditure for a newserver and new Mac computer forthe WBA office staff.

• Agreed that Mr. Andrews will talkwith President Judge McCormickabout inviting the judges to organizethe Friday morning CLE at theBench/Bar Conference.�

SSAATTUURRDDAAYY,, DDEECCEEMMBBEERR 55TTHH 22001155Annual Holiday Dinner Dance

Oakmont Country Club

� Oakmont, Pa.�

COCKTAILSS I L E N TAUCTIOND I NN E RDANCING

�

MARCH11 Real Estate Committee, Noon

17 Family Law Committee, Noon

Presentation of New Members, 3 p.m., Westmoreland CountyCourthouse

18 Elder Law & Orphans’ CourtCommittees, Noon

Membership Committee, NoonAPRIL3 Courthouse closed in observance

of Good Friday

6 Annual Meeting of the Westmoreland Bar Associationand Westmoreland Bar Foundation, Rizzo’s Banquet Hall, Crabtree, Pa.

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

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

about activities and CLE courses, or to register online.

129 North Pennsylvania AvenueGreensburg, PA 15601-2311

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15 Membership Committee, Noon

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21 Family Law Committee, Noon

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28 [CLE] Video Compliance Seminar, 9 a.m. to 3:45 p.m., 5 optional substantive and 1 optional ethics credits available

L A W Y E R SC O N C E R N E DF O R L A W Y E R SC O R N E R

• The 12-step recovery meeting, exclusively forlawyers and judges, is indowntown Pittsburgh everyThursday at 5:15 p.m. Forthe exact location, call Pennsylvania Lawyers Concerned for Lawyers at 1-800-335-2572.

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

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

Friday, March 20, 201512:00 pm - 1:15 pmWBA Headquarters

Seminar Fees: PRE-REGISTRATION:(Must be prepaid & received at the WBA office by 12 pm March 19, 2015)CLE Credit WBA Members - $30 per credit hr.Non-Members - $50 per credit hr.Non-Credit$10 Flat RateWaived for Young Lawyers (practicing 10 years or less) & Members of the WBA Criminal Law Committee

WALK- IN:CLE CreditWBA Members- $40 per credit hr.Non-Members - $50 per credit hr.Non-Credit$20 Flat RateWaived for Young Lawyers (practicing 10 years or less) & Members of the WBA Criminal Law Committee

Lunch will be provided.Westmoreland Bar Association129 North Pennsylvania Ave.Greensburg, PA 15601724-834-6730Fax: 724-834-6855www.westbar.orgFor refund policy information, or if special arrangements are needed for the disabled, please contact the WBA Office at 724-834-6730, or by email at [email protected]

An accredited provider for the PA Board of Continuing Legal Education

Name:___________________________________________

Attorney I.D. # ___________________ Address:_________________________________________ Email:___________________________________________

Phone: __________________________________________

■ Enclosed is my check made payable to the Westmoreland Bar Association. ■ Bill my ■ MasterCard ■ VISA ■ DISCOVER for $_________________________(Amount).

Card # _______________________________________________

Expiration Date _____________________

Credit Card Billing Address ___________________________________________________________________________________

One (1) Substantive Credit is available toward your annual CLE requirements.

March 20, 2015 White-Collar Crime and Embezzlement Problems for Lawyers

You may pre-register for this seminar by visiting the westbar.org website. You must “LOG IN” to register.OR submit the form below.

Non-Credit:■ $10 Flat Rate■ Waived for Young Lawyers (practicing 10 years or less)■ FREE-I am a member of the WBA Criminal Law Committee

White-Collar Crime and Embezzlement Problems for Lawyers— LIV E — 1 Substantive Credit Available

Pre-Registration FeesCLE Credit:■ WBA Members - $30 per credit hour ■ Non-Members - $50 per credit hour

To qualify for Pre-Registration Seminar Fees - Please return this form and your payment to the WBA Office, 129 North Pennsylvania Avenue, Greensburg, PA 15601, by 12 pm March 19, 2015.

Topics of Discussion:• Suggestions to avoid white-collar crime & embezzlement• Tracking and putting together a case for white-collar crime• The role of a County Detective as a Financial Crime Investigator• The role of the District Attorney’s Office

Moderator: Timothy C. Andrews Esq.

Detective Tom Horan of the Westmoreland County District Attorney’s Office will speak about his 30+ years of experience investigating white-collar crime, including embezzlement by office staff of lawyers and others.

LAW DAY 2015 CLASSROOM VISITSAs in years past, we are asking Westmoreland Bar Association members to volunteer forclassroom visits in Westmoreland County schools during the month of May 2015. If you wouldlike to volunteer, please complete the form below and return it to the Pro Bono Program byThursday, April 2, 2015.

VOLUNTEER FOR LAW DAY 2015

YES! SIGN ME UP FOR LAW DAY! To register for Law Day 2015, completethis form and return it to Terrilyn Cheatham, Pro Bono Program of the WestmorelandBar Foundation, Westmoreland County Courthouse, 2 N Main St Ste 403, GreensburgPA 15601; fax to 724-837-4221; or e-mail [email protected] byThursday, April 2, 2015. Thank you for your interest!

Name ______________________________________________________________________________________Firm _______________________________________________________________________________________Address ____________________________________________________________________________________City _______________________________________________ State ______________ ZIP_______________Phone ___________________ Fax _______________________ E-mail ______________________________

School/School District Preference_____________________________ Grade(s) Preference ___________Availability (weekdays in May) ________________________________________________________________

erhaps more than any other document in humanhistory, Magna Carta has come to embody a simplebut enduring truth: No one, no matter how powerful,

is above the law.In the eight centuries that have elapsed since Magna Carta was

sealed in 1215, it has taken root as an international symbol of the ruleof law and as an inspiration for many basic rights Americans hold dear today,including due process, habeas corpus, trial by jury, and the right to travel.

As we mark the 800th anniversary of Magna Carta, join us incommemorating this “Great Charter of Liberties,” and rededicating ourselvesto advancing the principle of rule of law here and abroad.

E-mail Terrilyn Cheatham at [email protected],or return the form below via fax or mail by Thursday, April 2, 2015.

Sponsoredby the

WestmorelandAcademy of Trial

Lawyers

Tuesday, April 21, 20154:00 pm - 5:00 pmWBA HeadquartersReception Immediately Following.

1 FREE CLE Ethics Credit*

* Seminar is FREE for WBA members. Cost for non-members is $50, payable in advance or at the door.

Westmoreland Bar Association129 North Pennsylvania Ave.Greensburg, PA 15601724-834-6730Fax: 724-834-6855www.westbar.orgFor refund policy information, or if special arrangements are needed for the disabled, please contact the WBA Office at 724-834-6730, or by email at [email protected]

An accredited provider for the PA Board of Continuing Legal Education

Name:___________________________________________

Attorney I.D. # ___________________ Address:_________________________________________ Email:___________________________________________

Phone: __________________________________________

April 21, 2015 Emotional Intelligence: What is it and why it matters

Presented by: Elizabeth Minerva RN, HSMI, CWHCExcela HealthWell Being Center for Mind/Body Health

You may pre-register for this seminar by visiting the westbar.org website. You must “LOG IN” to register.OR submit the form below.

Emotional Intelligence: What is it and why it matters

— LIV E — 1 FREE Ethics Credit*

The rewards are numerous:Less stress and increased resiliency. . . job satisfaction and success. . . healthy relationships. . . self worth and confidence. . . inner peace and freedom.

Topics of Discussion:• Four attributes of Emotional Intelligence• Becoming more present and self aware• Recognizing beliefs and emotions and keeping them from overwhelming you• Understanding the emotions, needs, and concerns of other people

Please respond by Friday, April 17, 2015.

People with high emotional intelligence have the ability to identify, understand and manage their emotions and behaviors in positive ways.

Sponsoredby the

Westmoreland Academy of Trial

Lawyers

march2015 westmorelandcounty

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