VOLUMEXX,NUMBER5 OCTOBER2008 · of $30 for WBA members who p regist a nd y o before October 29 ($40...

THE NEWSLETTER OF THEWESTMORELAND BAR ASSOCIATION

VOLUME XX, NUMBER 5OCTOBER 2008

INTHISISSUE

thesidebar

Say It Ain’t So, Joe!

Reflections on the Career ofThe Hon. Joseph A. Hudock

2 11 To-Wit:by S.Sponte9 10 Years

forRIP/ATS3 Solomon

to SpeakOct. 30 13 Jury

TrialVerdicts6 Committee

ReportsPresident’sMessage

continued on page 16

by The Hon. Joseph A. Hudock

A s I prepare to ride off into the judicial sunset, I have been asked bythe staff of the sidebar to write a reflection upon my career as ajurist. Usually, these kinds of stories are written by the staff or

editor of a publication, but apparently, their literary well has run dry, andthe editor has fobbed off the task on me. Having no shame, I accepted theassignment.My judicial career began in 1977 after I was elected to

the Court of Common Pleas on the Republican ticket,even though I was—and am—a registered Democrat.The campaign lasted a year and a half and wasexhausting. To the political power brokers of the day, Iwas a thorn in their side and I had no chance ofwinning. But with very little money, and lots of goodpeople who worked hard, we won. (The first thing youlearn in politics is to speak in the plural—“we.” Nocandidate can stand alone.)When I came to the bench, there were six judicial positions. In short order,

one of the judges came down with serious health problems which took himaway from his duties. Another judge lost a retention election. For awhile,there were only four judges keeping the judicial ship afloat. On top of allthat, the infamous duo of Lesko and Travaglia went on their murder spree,killing four people in cold blood. Because of the tremendous publicity, jurieshad to be selected in other parts of the state and brought in. Somehow weweathered those crises. Through the efforts of Judges Keim and Mihalich andthe local legislators, the county was able to gain additional judgeships, whichwere sorely needed.The editor has asked that I relate my “proudest moment.” That would

have to be prior to the retention election of 1987. As was customary, the barassociation conducted a secret poll among its members as to whether Ishould be retained. My approval rating was 94.8%, and for that I was so

by The Hon. John J. Driscoll

Ifirst met Joe Hudock in March of1970 when I entered the office ofPershing, Hudock & Leslie to

begin the practice of law. In a ratherlow-key manner, he welcomed me andoffered to be of assistance in any waypossible. In short order, I surmisedthat Joe was a most genuine andthoughtful person whose friendship Iwould truly value. After some 38 years,

my feeling abouthim is unchanged.

Mr. Pershinghad been aprominentinsurance defenselawyer since the1930s and hadquite a clientele.Joe was one ofmany lawyers,including DomCiarimboli andDennis Slyman,who started careers

in the Pershing office. Joe had come tothe Pershing office in 1968, after threeyears as a Navy JAG Officer, where hehad worked both in the prosecutionand defense of criminal cases. By theearly 1970s, he had been assigned acaseload of significant automobileinsurance cases. I came to realize thatJoe was much more important to the

Editor’s note: The Hon. Joseph A. Hudock will be retiring from the Superior Court ofPennsylvania effective December 31, 2008, after nineteen years on the appellate courtbench. He was elected to the Superior Court in 1989, after serving twelve years onthe bench inWestmoreland County.


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The Hon. JosephA. Hudock andThe Hon. John J.Driscoll

The value of an association ismeasured by its members’talents and service. The WBA

is very valuable. My experience duringthe past month with a senior attorneyas well as young attorneys has taughtme that.

As the WBA President, I recentlyattended an impressive ceremony heldat the beginning of the en banc session

of the PennsylvaniaSuperior Court,sitting in Pittsburgh,at which westernPennsylvania attorneyswith 50 years ofmembership andservice to the Pa.Bar Association werehonored. B. Earnest(“Ernie”) Long was

Westmoreland County’s recipient ofthe award. Ernie has been an excellentrepresentative of our bar associationand the PBA: he is a Past Presidentof the WBA; he is a member whoabides by the highest standards ofour profession; and he serves thecommunity.

At the ceremony, Judge JoanOrie Melvin recounted Mr. Long’saccomplishments during the past50 years. President Judge Kate FordElliott recognized the honorees—whonumbered less than 10—and asked thebar association presidents to presentthe award to their respective members.I was honored to be able to presentthis award to him.

His family—including his son, Wes,a Past President of our WBA—and thestaff of Fisher, Long & Rigone, were inattendance. They were obviously veryproud to see him honored in this way.

PBA President Dale McClain alsoaddressed the Court. I was impressedthat the Court took time out of

of technology. Technological changesimprove our work product, ourrepresentation of clients, and officemanagement. However, it can bedifficult for attorneys to keep upwith the fast pace of change.

One suggestion is that the YoungLawyers develop a “reverse mentor”program in which knowledgeableyoung lawyers would be availableto assist members who may not beaware of how their practice couldbe improved by using available,state-of-the-art technology. Someyoung lawyers have already expressedtheir willingness to work withcolleagues to help them be morecomfortable with the implementationand use of technology in their practice.Take it from me, the spirit of theseyoung lawyers is energizing whenthey discuss these new concepts.

As a member of this valuableassociation, I have always beenimpressed with the support we giveeach other when asked. So, now I amasking. Will the senior attorneys sharetheir stories? Will the Young Lawyersshare their time andtalent to help uswith technology?

its busy schedule to recognize theaccomplishments of these individuals.

Although this was Mr. Long’s day,I began to think about all of the othersenior attorneys in our bar associationwho have worked diligently for theinterests of their clients and the goodof the community. In fact, the WBABoard has often remarked that weshould take advantage of the wealthof knowledge and experiences of ourmore senior attorneys. So with thatin mind, we would like to record theindividual stories of these membersof our bar. Not only would we enjoyhearing their stories, but also we wouldbe interested to learn how they haveadapted to the practice of law as ithas changed during the course oftheir careers. I am inviting our seniorattorneys to contact the bar office tosuggest a forum where they would bewilling to meet with each other andtell their stories.

And at the other end of thespectrum … As important as seniorattorneys are to our bar, during arecent planning retreat with severalattorneys from the bar association, itbecame clear to me that young lawyersare also an invaluable resource toconsult about developments in the area

2 • sidebar OCTOBER 2008

President’s Message

The Value of Seniority,The Value of Youth

by Barbara J. Christner, Esq.

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WBA member Ernie Long (center) was recognized for his 50 years of practice by theSuperior Court of Pennsylvania at the Supreme Court courtroom in Pittsburgh onSeptember 4. Also in attendance were (from left to right): Wes Long, WBA PresidentBarbara Christner, Don Rigone, and WBA Executive Director Diane Krivoniak.

New York University professorStephen D. Solomon willdiscuss “Kids, Prayer, and

Creationism—the MisunderstoodConflict over God in the Classroom”from 7 to 8 pm on Thursday, October30, at the University ofPittsburgh at Greensburg’sFerguson Theater in anevent co-sponsored bythe University ofPittsburgh at Greensburg,the Westmoreland BarFoundation, and TheBelden Family Fund.

Professor Solomon is theauthor of “Ellery’s Protest:How One Young ManDefied Tradition and Sparked theBattle Over School Prayer.” In it hetells the story of Abington SchoolDistrict v. Schempp, one of the most

• A family in Delaware settled part oftheir case against a local schoolboard over prayerat their daughter’sgraduation. Due tosevere harassment,the family movedout of town.

• A federal appealscourt prohibiteda high schoolfootball coach fromjoining his playersin prayer beforegames.

• A school district in Texas droppeda Bible class that eight parents saidwas devotional in nature ratherthan academic.Solomon will share details of the

personal and legal drama of theSchempp case: the family’s struggleagainst the ugly reactions of neighbors,and the impassioned courtroomclashes as brilliant lawyers on bothsides argued about the meaning ofreligious freedom. He will also explorethe political and religious roots ofthe controversy, and the impact ofreligious diversity on the issue.

A book signing and a meet-and-greet with the author will follow thediscussion. Although there is no fee toattend, reservations are recommendedby calling the Westmoreland BarAssociation at 724-834-6730.

controversial Supreme Court cases ofthe last century. The Schempp case,which originated in a suburb ofPhiladelphia, prohibited organizedprayer and Bible reading in the publicschools. The 1963 case, which caused

a major backlash, raises aperfect storm in Americansociety where concernsover faith, children, andeducation collide.

Prayer, devotionalBible study, the teaching ofcreationism and intelligentdesign, posting of the TenCommandments, andother efforts to bringreligion into the public

schools continue to divide thecountry and inflame political passions.The following occurred just thisyear:

OCTOBER 2008 sidebar • 3

the sidebar is published bimonthly as a service for members of theWestmoreland Bar Association. Letters to the Editor should be sentc/o WBA, 129 North Pennsylvania Avenue, Greensburg, PA 15601-

2311, fax 724-834-6855, or e-mail [email protected]. the sidebar welcomes unsolicitedsubmissions from members or non-members. Please submit to the Articles Editor, c/o WBA.Back issues from 2000 to the present and a comprehensive, searchable index are available

online at www.westbar.org/html/publications.

EDITORIAL BOARDDavid J. Millstein, Esq., EditorBeth Orbison, Esq., Assistant EditorThe Hon. Daniel J. Ackerman,Lieutenant Governor, State of Alaska

Susan C. Zellner, Associate EditorDiane Krivoniak, Managing Editor

thesidebar

Solomon to Discuss ConflictOver God in the Classroom

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 as

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

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Stephen D. Solomon

One (1) hour of CLE credit isavailable to attorneys for a feeof $30 for WBA members whopreregister and prepay on orbefore October 29 ($40 for walk-ins), or $50 for nonmembers.


Prior to the 1970s, counsel forindigent criminal defendantswere usually pressed into service

by the mere happenstance of being atthe wrong place at the wrong time.An example of the former was anyplace within shouting distance of acourtroom or his honor’s chambers;and the latter was that narrow windowof time when the unrepresentedaccused reached the conclusion that a

guilty plea was notexactly what he had inmind, and the judgerealized that therewere anxious citizenson the ground floorwaiting to be utilizedas jurors. Whiskedinto the courtroom bya tipstaff, counsel wasproperly introducedto his new client andwas informed that thejury panel would be

brought up in about fifteen minutes.These were not capital offenses, wherecounsel would have been appointed atarraignment, but they did include thefull gamut of misdemeanors and allbut the most notorious felonies.

Such was the system, for betteror worse, until the Supreme Courtrecognized in the Constitution afundamental right to effective counselfor all criminal defendants regardless oftheir ability to pay, and announcedthat right in Gideon v. Wainwright, 372US 335 (1963). Four years later, ourlegislature passed the Public DefendersAct of 1967, and on December 1,1969, County Commissioners JamesKelley, Bernard Scherer, and DorothyShope appointed Dante G. Bertani asthe county’s first—and as of this date,only—public defender.

somehow manage to come up withmoney to pay for a lawyer.

The inevitable came to pass andthe public defender’s office set up shopon the fourth and a half floor of thecourthouse off the small balcony onthe west side of the rotunda. It wasclearly an area which architect WilliamKauffman never intended for humanhabitation. It was a long narrow room,previously used for storage, at the topof a stairway. It had a low bulkheadadjacent to the doorway which lawyersand clients of more-than-average heightwould regularly strike their heads uponwhen utilizing the only exit. The lackof an alternate exit was the cause ofsome anxiety among the staff whenthey were called upon to receive callerswho, deservedly or not, brought withthem a reputation for violence.

Mr. Bertani’s original staff consistedof a secretary, Shirley Hetz, and threeassistant public defenders: Ila JeanneSensenich, Al Gaudio, and me. Soon he

Innovations are seldom unanimouslywelcomed with open arms andsome members of the bar—a distinctminority—viewed the creation of theoffice as a threat to their livelihood.Screeds were heard at bar associationmeetings, back when the open barpreceded the business meetings, thatthe government was taking fees awayfrom lawyers, that applicants wouldfeign poverty, and that when pushcame to shove, defendants would

Westmoreland Revisited

The Origins of thePublic Defender’s Office

by The Hon. Daniel J. Ackerman

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The Hon. Daniel J.Ackerman

The majestic equalityof the law forbids rich

and poor alike to sleepunder bridges, to begin the streets, and to

steal their bread.—Anatole France

S T I N E & ASSOC I AT E S , P. C .www. s t i n e l aw f i rm . c om

Referral fees paid for:

WORKERS’ COMPENSATIONPERSONAL INJURY

SOCIAL SECURITY DISABILITY • FELA

MESOTHELIOMA &Asbestos Cancer Cases

– representing injured persons only –In Westmoreland, Allegheny, Cambria &

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Cindy Stine, Esq.

added an investigator, Bill Richardson,and another secretary, Rita M. Mauro,who, next to Mr. Bertani, is thelongest serving member of the office,and who now is an administrativeassistant. The caseload for 1970, thefirst year of operation, involved therepresentation of 497 adults and 37juveniles. Thirty-three years later, in2003, the caseload was its heaviestwith 3,321 adults, 749 juveniles, and119 non-support clients representedthrough the public defender’s office.

The task of representing thosecharged with crimes, who are at thetime the most unpopular members ofsociety, provides a lawyer with a senseof proportion that cannot be obtainedin any other way. The following arealumni of the public defender’s office, inaddition to those mentioned above, whoare grouped according to the decade inwhich they began their service:THE 1970s: Jack Sparacino, Albert

Bell, Gerald McClain, Daniel Joseph,Stuart Horner, Richard Victoria, JerryLittle, Duke George, John Peck,Ronald Makoski, Tim McCormick,and Angie Mitas.THE 1980s: Gary Caruso,

Edward Bilik, Debra Pezze, RichardMcCormick, William Caruthers,Mark Mansour, Cheryl Peck, NedNakles, Henry Furio, and ChristopherFeliciani.THE 1990s: Rachel Morocco,

Bruce Mattock, Jill Bertani, JackManderino, John Ceraso, DavidRegoli, Beth Paletta, Jeffrey Monzo,Michelle Kelly, Robert Specht, A.C.Ansani, Pam Neiderhiser, AdamCogan, and Mark Shire.SINCE 2000: Scott Bitar, Lisa

Monzo, James P. Silvis, and MeaganBilik.

Law DayVolunteersGo Back toSchool

Teaching kids abouttheir legal rights andresponsibilities is what the

Pennsylvania Bar Association LawDay program is all about. Witha theme of “Growing StrongCitizens,” dozens of volunteersfrom the Westmoreland BarAssociation visited elementary,middle, junior high, and highschools in the county throughoutthe month of May to challengestudents to explore the ways inwhich they can have an impacton our world.Almost 3,000 students in 25

schools throughout the countywere reached by the judges,magisterial district judges,attorneys, and staffers whovolunteered this year.This year’s Law Day volunteers

included: Maria Altobelli, BrianAston, Diane Bickers, The Hon.John Blahovec, Jeremy Boby,Michele Bononi, Becky Brammell,Eileen Buck, Becky Calisti, LeoCiaramitaro, The Hon. Chas.Conway, Eric Dee, David DeRose,Robert Domenick, AmandaFaher, The Hon. Chris Feliciani,Becky Fenoglietto, Karen Ferri,Pete Flanagan, Dick Galloway,Melissa Guiddy, Chris Haidze,Kelly Hammers, John Hauser,Sarah Hough, Maureen Kroll,Moe Lewis, Rob Liotta, GeorgeLove, Chuck Mason, AnnalieseMasser, Bill McCabe, DeAnnMcCoy, The Hon. BerniceMcCutcheon, Wayne McGrew,Jeffrey Miller, David Millstein,Angelea Mitas, Diane Murphy,Ned Nakles, Jr., Heidi Norton,The Hon. Wm. J. Ober, MikePacek, The Hon. Debra Pezze,Michael Quatrini, John Ranker,Sheriff Chris Scherer, PatShannon, James P. Silvis, HarrySmail, Mike Stewart, Bruce Tobin,and Kate Wiatrowski.


WestmorelandCounty PublicDefender Dante J.Bertani throughthe years. Fromleft to right: 1971,1978, and 2000.

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Those lawyers who now carry onthe work of representing the clients ofthe office, with service dating back totheir initial year of service, are: MarkRamsier (1982), First Assistant GregoryCecchetti (1984), David Caruthers(1988), James Gefsky (1990), JohnSweeney (1992), Christopher Haidze(1993), L.A. Smith (1993), DeborahJackson (1994), Christopher Huffman(1994), Joseph Massaro (2001), PatriceDiPietro (2006), and Eric Hoffman(2008).

This article contains no referencesto any of the thousands of caseshandled by the office, some celebrated,many routine (routine perhaps tothe lawyers, but never to the parties).While mentioning the present staff,I have not strayed beyond the titledealing with the origins of the officesince the article deals only with theterm of the first public defender.

In almost thirty-nine years at hispost, Dante Bertani is probably thelongest serving public defender inthe commonwealth, if not the nation.During that time he has done battlewith district attorneys and theirassistants, judges, court administrators,and even the public, all of whom havechanged over the years. He remains aunique, interesting, and at times afrustrating personality. Appropriate tohis position, the concepts of popularityand public opinion do not exist in hisworld. By nature he is a workaholic,sometimes irascible, and oftenstretching the definition of promptness.These peculiarities, however, are over-shadowed by his most admirable trait:his steadfast dedication not only to hisclients—some of whom are unaccus-tomed to any type of devotion—buthis dedication to the rule of law.

ADR Committee

We encounter the subject ofmediation more frequentlyevery day. As someone who

has always described himself as a triallawyer, a litigator, it makes me feel

a bit like a cowboyat the turn of thecentury. I can’tremember thatthe subject wasmentioned evenonce in law school,or for most of mycareer. But lately, I’vebegun to notice thatnot so many folks canafford what it costs tohave the pleasure of

watching me work a courtroom. Eventhe insurance companies are starting tosquawk about paying for the interroga-tories, depositions, and motions thatform the principal part of a litigator’sarsenal, only to settle in the end any-way. And so, like any entrepreneur,several years ago I began to consideradding another product to my line;

we believe about mediation is eitherinadequate or simply wrong. Oneof the things we have wrong is thatmediation is a lawyer thing. Did youknow that until at least the late 1990s,the majority of mediators were notlawyers? Or that mediation actuallycame to prominence in the turbulenceof the 1960s, in places like SanFrancisco, Chicago, and Detroit, as ameans of dealing with social unrest? Its

proponents,decidedlynot lawyers,thought of itas a grassrootsmovementthat wouldhelp ordinarycitizens solveand preventcommunityand interper-sonal prob-

lems. The movement was premised onthe belief that ordinary citizens couldsolve their own problems withoutresort to the court system. Manythought, and in a larger world-viewsort of way, continue to believe, thatmediation, as a social movement,could actually change our communities(“Power to the People!”—rememberthat?), could make the world a better,more peaceful place. That the CourtSystem has co-opted the process to“settle” civil cases is the subject ofconsiderable controversy; someinfluential commentators even arguethat our use of the process is notmediation at all and we should becompelled to call it by some othername.

We also tend to assume the term“mediation” describes a single process,about which we share a commonunderstanding; that when we talkabout mediation, we’re all talkingabout the same thing. That’s what I

first I started to encourage my clientsand opponents to consider mediation,and then I became a mediator myself.

The ADR Committee believesthat a better understanding of themediation process will permit ourmembership to make an informedjudgment of whether, when, and howwe might use mediation to serve ourclients. This is the first in a series ofarticles intended to assist membersof the barin betterunderstandingthe differentforms ofmediation andthe kinds ofdisputes theybest serve,when to usemediation,how to selecta mediator,and how to prepare ourselves and ourclients to achieve the best outcome.

Before we can get to any of that, weneed to understand that much of what


Committee Reports

Settling More Cases—Soonerby Robert I. Johnston, Esq., and the ADR Committee

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Bob Johnston

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thought, 2½ years ago, when Iplunked down $1,000 for 40 hours oftraining. I’d already represented anynumber of clients in the mediation oftheir litigation cases. I was about asinformed as most of us get. I soonjoined the PBA ADR Committee andattended my first meeting, thinking Iwould meet a bunch of kindred spirits.It was more like a meeting of theUnited Nations; 60 people callingthemselves by a common name, butno two alike.

I have since come to realize media-tion is not a single process, but a rangeof processes that differ according tothe nature of the dispute, the educa-tion (and philosophy) of the mediator,the desires of the participants, andsometimes, by the design of the entitywhich institutionalizes a particularstyle of mediation. (As an example, theWestern District Court and U.S.Postal Service each mandate “facilita-tive” mediation, one of severalapproaches we will consider in ournext article.) Mediators are the productof many different kinds of training,there as yet being no estab-lished or universally acceptedstandards, and bring a broadvariety of skills, both techni-cal and personal, and differ-ences in philosophy to thetable. It would help to thinkof mediation as both art andscience, with a healthy doseof social movement mixed infor good measure.

Those who have usedmediation will tell you theprocess does not result inmore cases being settled, itresults in more cases beingsettled sooner, leaving thesame small percentage asalways to be tried. Thecourts and administrativeagencies that have mandatedmediation have done so inthe belief that the public isbetter served, and more satis-fied, when justice does notcost so much or take so long.Lawyers who make use of

Family Law Committeeby DeAnn McCoy, Esq.

Iwould like tothank the FamilyLaw Committee

for granting me thefirst-ever stipend toattend the PBAFamily Law SectionSummer Meeting.I would also like toexpress my gratitudeto the WestmorelandBar Association forbeing the first Bar Association in thestate to offer a stipend for such anevent. Once again, the WBA is leadingthe way and many at the PBA FamilyLaw Summer Meeting acknowledgedthat we are setting the standard forother bar associations to follow.

Probably 80% or more of mypractice is family law, but because ofthe cost I had not been able to attenda PBA Family Law section meeting. Iknew how important such events canbe to a practice but I just couldn’t

afford it. Now, however,I realize that from a cost-benefits analysis the benefitsgreatly outweigh both thecosts and the effort.

These section meetingsare a must for family lawpractitioners, especiallyyoung ones. I now believethat there are at least twomust-attend annual confer-ences for me: the Bench/Barand at least one of the twofamily law section meetingsheld each year. The lawyers,judges, and service providerswho attend this conferenceare the trailblazers in familylaw. We literally rub elbowswith the attorneys who aresetting precedent, changinglaws, helping to writestatutes, and representinglitigants from every socialand economic strata of theCommonwealth. The CLE

the process have learned that it reallyworks. Yet only a small percentage ofus consider mediation a part of ourarsenal. Most never think to suggestto our clients or our opponents thepossibility of resolving disputes at thebeginning of the process. Mostly werely on the tools we’ve always used,resisting the new and unfamiliar.Hopefully we won’t still be onhorseback when our customers haveall moved on to something that worksbetter for them.

In our next report, we’ll talk aboutthe different styles of mediation andhow they match up with the kinds ofdisputes lawyers are called upon toresolve. After that, we plan to examinesome of the considerations in selectinga mediator and preparing ourselves tomake the most effective use of theprocess. The ADR Committee is alsomaking arrangements for a mediatortraining class, likely consisting of 40hours spread over a couple of weeksand utilizing evenings and weekends,to be presented in late fall. Contact usif you’re interested.


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DeAnn McCoy

continued on page 8

instructors are experts in the field,they know the answers to the questionswe ask, and they know the intent ofthe statute because they sat on thecommittee that helped draft it. Theyalso experience and understand thefrustrations that we each have with theimperfections of our current system.

From the young lawyer’s perspective,the networking opportunities areendless. I have already establishedrelationships with attorneys in countieswhere I had no previous contact. Ihave a case in Cambria County andhad the opportunity to collaboratewith an attorney there whom I hadmet through Abby De Blassio, myroommate. She was kind enough tointroduce me to attorneys from acrossthe state.

The only negative aspect of theentire family law section meeting washaving to pay over $11 for a lemonade.When we arrived in Baltimore, Abbyand I went to McCormick &

annual membership in the Family LawSection of the PBA. I urge the familylaw practitioners in our county toregister and attend the PBA FamilyLaw Section Winter Meeting. It’shighly recommended.

Nominating Committee

The Nominating Committeeis accepting letters ofapplication for positions on

the Board of Directors, MembershipCommittee, and Building Committee.

Any member interested in runningfor these positions should completethe enclosed insert and return it to theChair of the Nominating Committee,c/o the WBA, by November 15, 2008.If you know of a qualified candidatewho is willing to serve, you maynominate that member in the samefashion. The positions will be filled atthe Annual Meeting of the associationto be held in April 2009.

Schmick’s for lunch. We were inBaltimore, so of course I had to orderthe crab cakes. They were delicious,but the lemonade was way too priceyfor any fluid without alcohol.

I would like to express my sinceregratitude to our Family Law committeeand to the WBA for making thisexperience possible. Thanks also toAbby De Blassio for taking me underher wing and making such a concertedeffort to introduce me to as manypeople as she could.

The next family law section meetingis January 16-18 at the Omni WilliamPenn Hotel in Pittsburgh. The subsidyI received helped defray the costs ofthe hotel room, transportation, andregistration fee for the Baltimoreevent. However, each of you canattend the winter meeting at a muchlower cost because the meeting is inour backyard. The registration feeis about $400, and for first-timeattendees that includes the cost of an


Committee Reports continued from page 7

by Sue Soroko, Director, AODIntervention & Case ManagementServices SPHS, and Bruno Mediate,Adult Probation and Parole

Westmoreland County’sRestorative IntermediatePunishment/Alternative

Treatment Services Program (RIP/ATS)is celebrating its tenth year, providing atherapeutic alternative to incarcerationfor those who are Level 3 and Level 4criminal offenders under thePennsylvania sentencing guidelines.The program provides clients with anopportunity to receive chemicaldependency treatment services; newtracks will soon be implemented,which will allow more clients to takeadvantage of this alternative to prison.

In this program, clients areevaluated to assess both their substanceaddiction treatment needs and theirsupport services needs. In addition tochemical addiction treatment services,clients receive the following casemanagement services and/or linksto services, depending upon theiridentified needs:• mental health treatment;• medication assistance;• drug testing and monitoring;• physical health care links;• anger management;• job/vocational assessment and

training, including résumé writing,employment search, interviewingskills, and job readiness services;

• literacy support;

traditional outpatient treatment,mental health outpatient treatment,or halfway house services. Clients mayreceive continuing outpatient treatmentservices for another three to fourmonths. Clients are integrated intothese follow-up treatment servicesin an effort to enable them to becomeemployed, self-sufficient, and continuealong the road to recovery. In all, aclient will be involved in the RIP/ATSProgram, including follow up tradi-tional outpatient treatment services, foran average of seven to eight months.

The RIP/ATS Day TreatmentProgram is located on South MapleAvenue in Greensburg, and vansprovide daily transportation to clients,both to and from their homes. Clientsresiding outside of WestmorelandCounty are considered for the programon a case-by-case basis. Clients are notcharged a fee for the RIP/ATS clinicalservices, however, they are charged aminimal daily fee for the cost of theelectronic monitoring equipment.The program is funded fully througha grant from the PA Commission onCrime & Delinquency (PCCD).

CHANGES IN THE RIP/ATSPROGRAM WILL ACCOMMODATEADDITIONAL OFFENDERS

Beginning in October 2008, theRIP/ATS Program will be offeringadditional modified tracks to offenders

• GED assessment and preparationservices;

• budgeting/financial support services;• nutrition education;• parenting education;• and general life skills services.

Clients receive intensive supervisionthrough the Adult Probation Office andare placed on electronic monitoringwhile attending day treatment servicesat SPHS Behavioral Health. Daytreatment services provide a partiallevel of care in which a client initiallyattends treatment services five days perweek from 9 a.m. to 4 p.m., and thendecreases to two or three days per weekas he/she makes clinical progress. Thelength of stay in the RIP/ATS Programis approximately fourteen weeks, but aclient’s length of stay varies dependingupon his/her clinical progress.

When a client completes theRIP/ATS Day Treatment Program,the client is “stepped-down” to a lowerlevel of outpatient treatment care at alocation within their geographic area.The care can include intensive or


New and Improved Programs Available

Westmoreland County RIP/ATSProgram Celebrates 10 Years

RIP/ATS AdultProbationOfficers BillShifko andEric Leydig, andSue Soroko,Director, AODIntervention& CaseManagementServices SPHS

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LawSpeak

“The trouble with fighting for human freedom is that one spends mostof one’s time defending scoundrels. For it is against scoundrels thatoppressive laws are first aimed, and oppression must be stopped atthe beginning if it is to be stopped at all.”

— H. L. Menckencontinued on page 10

Jonathan P. Altman was admitted asan associate member of the WBA. Agraduate of Franklin Regional, OhioUniversity, and the University ofPittsburgh School of Law, Jonathanworks for Cohen & Grigsby inPittsburgh.

Jeffrey Baxter has joined the WBA asan associate member. A graduate ofGateway High School, Jeff earned hisundergraduate degree from PennState and his juris doctor from OhioNorthern University. Jeff works inthe Office of the Attorney Generalin North Huntingdon, and is marriedto WBA member Kyle M. Baxter.

Jason T. Bertram was admitted tothe WBA as a participating member.A graduate of Northgate HighSchool, Kent State University, and theDuquesne University School of Law,Jason has an office on South MapleAvenue in Greensburg.

Charles Fox IV, son of WBAmember Charles F. Fox, III, has beenadmitted as a participating memberof the WBA. A graduate of Kiski,Gannon University, and Thomas M.Cooley Law School, Chip is anassociate with Uncapher Uncapher &Fox in Vandergrift.

Jeffrey S. Golembiewski has rejoinedthe WBA as a participating member. Agraduate of Uniontown Area Sr. HighSchool, Virginia Military Institute, andThomas M. Cooley Law School,Jeffrey practices with Colecchia &Associates in Greensburg.

Jonathan M. Kozusko was admittedas a participating member of theWBA. A graduate of Latrobe, SaintVincent College, and the DuquesneUniversity School of Law, Jonathanis a sole practitioner with offices inGreensburg and Pittsburgh.

Vincent C. Longo was admitted tothe WBA as a participating member.A graduate of Ligonier Valley, Vinceearned his undergrad and juris doctordegrees from the University ofPittsburgh.

A graduate of the University ofPittsburgh at Johnstown and ThomasM. Cooley Law School, Andy is anassociate with Harry F. Smail, Jr., inGreensburg.

Jeffrey T. Lucht has been admittedas a participating member of theWBA. A graduate of WestminsterCollege and Thomas M. Cooley LawSchool, Jeffrey works with The Hon.Jacqueline O. Shogan in Pittsburgh.

Ronald R. Retsch has joined theWBA as a participating member. Agraduate of Steel Valley High School,Indiana University of Pennsylvania,and the University of PittsburghSchool of Law, Ron is an associatewith the Shire Law Firm in Monessen.

Andrew F. Skala was admitted as aparticipating member of the WBA.

in order to accommodate the needs ofmore clients. The following tracks willbe available:• TRACK 1: Clients attend the

traditional RIP/ATS service of dailyattendance for eight weeks followedby a decrease in attendance to twoto three days per week for theremaining six weeks of the program.

• TRACK 2: Clients attend two tofour full days per week for theduration of the RIP/ATS Program.

• TRACK 3: Clients attend half days,four to five days per week for theduration of the RIP/ATS Program.

• TRACK 4: Clients attend CaseManagement Support Servicesthrough the RIP/ATS Program,which may include random drugtesting, job seeking/job educationservices, literacy, anger manage-ment, etc. Clients involved in thislevel of service may be receivingless intensive outpatient treatmentservices through the substance abusetreatment system.

REFERRALS TO THE RIP/ATSPROGRAM

Eligibility and referrals to theRIP/ATS Treatment Program arefirst screened by the RIP/ATS AdultProbation Officers, Bill Shifko andEric Leydig. They determine whethera person meets initial eligibilityrequirements for the program. No oneis admitted to the program without aninitial evaluation by Bill or Eric. Anyattorney interested in referring his/herclient to the RIP/ATS Program, orseeking additional information regard-ing the program, should contact EricLeydig at 724-830-3719 or Bill Shifkoat 724-830-3448 to discuss the case.

RIP/ATS ProgramCelebrates 10 Yearscontinued from page 9

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New Member Sketches10 • sidebar OCTOBER 2008

by S. Sponte, Esq.

She came into my office carryinga scowl with the morning mail.The message couldn’t have been

clearer if she had been carrying abullwhip instead. It could only beinterrogatories!

My secretary does this every timeinterrogatories come in the mail. Sheknows how it affects me, how it con-jures up for me the image of IndianaJones in “Raiders of the Lost Ark” ashe stood above the just-discoveredentrance to the long-buried maproom. Bullwhip at the ready andpeering down into the yawningdarkness below him, he could hearthose unmistakable hissing sounds.

“Snakes,” he said in a voice quakingwith both fear and revulsion, “why didit have to be snakes? I hate snakes.”

“Interrogatories,” I say to her ina voice quaking with both rage andmore rage that sends her scurrying

answer or that myclient wouldn’tneed a separatesheet of paper.

In part I hatethis because itrequires me toorganize and payattention to thefacts of my case.The truth is I’mjust not a factskind of guy. Call me an idealist but Ifind that all too often facts only tendto muck up an otherwise perfectlywonderful case.

But it also has a lot to do with howbarren every lawsuit looks when factsare reduced to interrogatory answers.Just like deposition transcripts, theyare devoid of the emotional embellish-ments of inflection, are stripped offeelings the way the sun melts off thesnow. The resultant cold nakedness

for cover, “why did it have to beinterrogatories? I hate interrogatories.”

Used to be I always had someyoung lawyer in the office to take onthe odious chore of answering them.Now that I’m alone in my practice,there isn’t anyone else to do it. Well,almost no one.

“You know,” I told her, “I thinkyou’re finally ready to move up tothe role of legal assistant.” I could tellshe was less than enthusiastic by therapidity with which she locked herselfin the bathroom. Apparently she stillremembers how I elevated her to officemanager on the eve of the IRS audit.

So I began to read this latest setof interrogatories myself. As usualthough, I didn’t make it past the firstquestion. It’s always the same: List thenames, with addresses and phonenumbers, of everyone you know in theworld. (Use a separate sheet of paper ifnecessary.) I didn’t know which wassadder—that I had to prepare the


To-Wit: Ask Me No Questions


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To-Witcontinued from page 11

KINGDOM OFBHUTAN

“My old law partner, GaryFine, and I went to Bhutanfor a month with a SierraClub group trekking throughthe middle Himalayas.Bhutan is a Buddhistkingdom, with about800,000 inhabitants,about the size of Indiana,and only permits about 7,000tourists a year. We wereprivileged to be able to trekto areas not previously opento Westerners and visit ethnicgroups who had never metWesterners before our visit.Here I am at a prayer wheelon the trail. When you spinthe large cylinder, it strikesthe bell on the right. Eachclang of the bell representsa prayer being recited.”

— Bill Wiker

where in the worldIS THE WBA MEMBER?

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transmogrifies a lawsuit from a living,breathing, often traumatic humanexperience crying out for righteousnessinto something more resembling ahard number which, by the all-too-simplistic prefixing of a dollar sign,makes all aright. Strip an answer ofvoice, you strip it of humanity. Whatyou have then is just another statistic,and a mercenary one to boot. Where’sthe fun in that?

If I’m going to put my blood andguts into a case, I need that voice, Ineed it like I need the air. Without it,my blood and guts are perfectly happywhere they are.

Oh sure, I know that clients areentitled to the very best I can givethem, no matter what. But when itcomes to answering interrogatories,the very best I can give them is mysecretary. And she can’t stay lockedin that bathroom forever.

© 2008, S. Sponte, Esq.

Of thirty-seven cases listed forthe July 2008 Civil Jury TrialTerm, fifteen settled, twelve

were continued, judgment was enteredin one, five verdicts were entered andfour were held to the next trial term.The jury verdicts for the July trial termare summarized below.

CITY OF MONESSEN

V.

DANIEL L. NICOLAUS AND

DAWN R. NICOLAUS, HIS WIFE,

AND DEL SUPPO, INC., A

PENNSYLVANIA CORPORATION

—

DANIEL L. NICOLAUS AND

DAWN R. NICOLAUS, HIS WIFE

V.

CITY OF MONESSEN AND

MACCABEE INDUSTRIAL, INC.,

A PENNSYLVANIA CORPORATION

NO. 3482 OF 2005

NO. 8434 OF 2005

Cause of Action: Negligenceand Strict Liability

Daniel and Dawn Nicolaus (theNicolauses) own real estate, which issituated below a public street knownas Helen Avenue, in the City ofMonessen (the City). The Nicolauseshired Del Suppo, Inc., to install anin-ground swimming pool on theirproperty. The swimming pool wasplaced at the foot of a steep hillside, atthe top of which is Helen Avenue. DelSuppo excavated the toe of the hillsideto facilitate the installation of the pool.Construction was completed in thesummer of 2003.

In 2004, a series of landslidestook place on the hillside above theswimming pool. During a landslide inMarch 2004, the ground below HelenAvenue gave way, causing a section ofthe roadway to break free. The Cityclosed Helen Avenue and hiredMaccabee Industrial, Inc., to construct

complaint against the City andMaccabee alleging causes of action innegligence and nuisance. Prior to trial,the Nicolauses settled their claimagainst Maccabee.

At trial, the City’s claim that theNicolauses and Del Suppo were strictlyliable for failure to provide lateralsupport to Helen Avenue wasdismissed. The evidence presented bythe parties focused on the allegationsof negligence against the Nicolauses,Del Suppo, and the City. The jury wascharged on comparative negligence.

Monessen’s Counsel: Mark Shire,Shire Law Firm, Monessen

Nicolauses’ Counsel: Kelly A.Morrone, DiBella, Geer, McAllister &Best, P.C., Pgh.

Del Suppo’s Counsel: Kim RossHouser, Mears, Smith, Houser &Boyle, P.C., Gbg.

Trial Judge: The Hon. William J.Ober

Result: The parties’ negligence wasapportioned as follows: the City, 54%;Del Suppo, 46%; and the Nicolauses,0%. Although the jury found that theCity had sustained damages in theamount of $155,877.18, the City wasprecluded from recovery by virtue ofits negligence in excess of 50%.

SUZANNE DIEHL STEWART

V.

ELIZABETH L. CARARINI, A/K/A

ELIZABETH L. CARRARINI

NO. 1925 OF 2006

Cause of Action: Negligence—Motor Vehicle Accident

On April 3, 2004, PlaintiffSuzanne Diehl Stewart was arestrained passenger in the right frontseat of an automobile operated by herhusband, Gary Stewart. Mr. Stewartwas heading in a southerly directionon State Route 66, in the area of that

a retaining wall. The landslides werecompounded by a defect in a catchbasin beneath Helen Avenue thatallowed water to flow toward theNicolauses’ property. Moreover,during the construction of theretaining wall, Maccabee damaged asewer line, which caused sewage to runonto the Nicolauses’ property and intothe swimming pool.

The City filed a complaint againstthe Nicolauses and Del Suppo, alleg-ing causes of action in negligence andstrict liability for the withdrawal oflateral support for Helen Avenue.Furthermore, the Nicolauses filed a


July 2008 Civil Trial Term

Jury Trial Verdictsby Rachel Yantos, Esq., Charles J. Dangelo, Esq., and Thomas L. Jones, Esq.


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

Bonded – Insured

Greensburg, PA 15601

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

road’s intersection with old Route 66 at Hempfield Park inWestmoreland County. Mr. Stewart stopped and activatedhis left turn signal before yielding to oncoming traffic andmaking a left-hand turn across Route 66. As he was makingthe turn, Defendant Elizabeth Carrarini, operating hervehicle in the same direction on State Route 66 behindthe Stewart vehicle, collided with the rear end of Stewart’svehicle.

In this negligence action, Plaintiff claimed soft tissueinjuries to her cervical, thoracic and lumbosacral areas.Plaintiff maintained that these injuries caused her to sufferneck pain and stiffness, hand and forearm numbness andweakness, lower back and right-sided upper back pain,carpal tunnel syndrome, fatigue, headaches, loss ofconcentration, insomnia, anxiety, depression, andaggravation of a pre-existing esophageal condition.The limited tort provisions of the Motor VehicleFinancial Responsibility Law did not apply in this case.

Defendant argued that Plaintiff ’s soft tissue injurieswere not severe. Additionally, two experts testified thatPlaintiff ’s pre-existing esophageal condition did not relateto the accident since the condition lay latent for twoyears after the accident. Plaintiff ’s treating physiciantestified that Plaintiff ’s injuries were causally connectedto the accident.

Plaintiff ’s Counsel: Mary Ann DiIanni, Cohen &Grigsby, P.C., Pgh.

Defendant’s Counsel: Christopher M. Fleming, Snyder &Fleming, Gbg.

Trial Judge: The Hon. Gary P. CarusoResult: Verdict in favor of the Plaintiff in the amount of

$250,000.00.

RAYMOND SLEASMAN

V.

EILEEN WILLEY, EXECUTRIX OF THE ESTATE OF

JONATHAN WILLEY, DECEASED

NO. 10081 OF 2005

Cause of Action: Negligence—Motor Vehicle Accident

Raymond Sleasman instituted this personal injury actionafter the motorcycle that he was operating collided with apick-up truck operated by Jonathan Willey on June 12,2004. Moments before the collision, Mr. Willey had backedout of his driveway onto Vernon Road in RostraverTownship, Westmoreland County. Mr. Sleasman sustaineda broken leg that required three orthopedic surgeries, aseparated shoulder, broken ribs, and abrasions. He washospitalized for two weeks.

Mr. Sleasman was the only witness for the Plaintiff.Jonathan Willey passed away from natural causes two yearsafter the accident occurred and, therefore, his version ofthe accident could not be presented. His Estate, however,presented two witnesses. One witness was a neighborwho was in her side yard and saw the vehicles prior tothe collision. She indicated that the Plaintiff-motorcycleoperator had his head turned and was looking at her priorto the accident. The Estate also presented the testimony ofan accident reconstruction expert who offered the opinionthat Plaintiff ’s version of the accident—that the decedent’svehicle immediately pulled out in front of him—was notsupported by the measurements or physical facts at thescene.

The jury found that Mr. Willey was 50% causallynegligent in failing to see the Plaintiff ’s motorcycle as hewas backing out of the driveway, and that Plaintiff wasnegligent in violating the assured clear distance rule. Thejury found Mr. Sleasman’s damages to total $49,588.83($10,000.00—noneconomic loss, $31,268.83—medicalexpenses, $8,320.00—past lost wages), which was reducedby 50% in a molded verdict.

Plaintiff ’s Counsel: Jan Ira Medoff, Pgh.Defendant’s Counsel: Stephen J. Magley, O’Malley &

Magley, L.L.P., Pgh.Trial Judge: The Hon. Daniel J. AckermanResult: Molded verdict in favor of Plaintiff in the amount

of $24,794.15.


Jury Trial Verdicts continued from page 13

AANNNNOOUUNNCCEEMMEENNTTCharles C. Mason, Jr. has been appointed as a neutral in the ADR Program for the

United States District Court for the Western District of Pennsylvania.

• 35 years practicing law• Experienced in advising largeand small businesses

• Experienced in real estate,commercial, business andemployment litigation

• Member of the Westmoreland,Pennsylvania and AmericanBar Associations

I would appreciate your consideration when choosing a neutral, whether it is part of the Federal Court’s ADRProgram or independently.

[email protected] • (724) 520-30991001 Courtyard Plaza, Latrobe, PA 15650

Charles C.Mason, Jr.

BERNICE J. MATONIC AND

KENNETH MATONIC, WIFE AND HUSBAND

V.

ROMAN CATHOLIC DIOCESE OF PITTSBURGH; THE

MOST REVEREND PAUL J. BRADLEY, BISHOP AND

SUCCESSOR TRUSTEE OF THE ROMAN CATHOLIC

DIOCESE OF PITTSBURGH; THE CATHOLIC DIOCESE

OF GREENSBURG; THE MOST REVEREND

LAWRENCE E. BRANDT, BISHOP AND SUCCESSOR

TRUSTEE OF THE CATHOLIC DIOCESE OF

GREENSBURG, OUR LADY QUEEN OF PEACE PARISH;

A/K/A THE ROMAN CATHOLIC CONGREGATION OF

THE OUR LADY QUEEN OF PEACE PARISH, F/K/A

THE ROMAN CATHOLIC CONGREGATION OF HOLY

TRINITY SLOVAK CATHOLIC CHURCH OF BOROUGH

OF EAST VANDERGRIFT, PENNSYLVANIA; AND

THE MOST REVEREND LAWRENCE E. BRANDT,

SUCCESSOR TRUSTEE OF OUR LADY QUEEN

OF PEACE PARISH, A/K/A THE ROMAN CATHOLIC

CONGREGATION OF THE OUR LADY QUEEN OF

PEACE PARISH, F/K/A THE ROMAN CATHOLIC

CONGREGATION OF HOLY TRINITY SLOVAK

CATHOLIC CHURCH OF THE BOROUGH OF

EAST VANDERGRIFT, PENNSYLVANIA

NO. 438 OF 2007

Cause of Action: Negligence—Slip and Fall

On February 25, 2005, a day with snowy weather, BerniceMatonic (Plaintiff ) parked her vehicle in a lot owned by theRoman Catholic Church, Our Lady Queen of Peace Parish(Defendant). Plaintiff was using the parking lot to attend an event at the Lithuanian Club, which is located near theDefendant’s property. When she exited her vehicle, Plaintiffproceeded to walk on a sidewalk that was adjacent to theDefendant’s social hall. Plaintiff slipped and fell on the sidewalk and sustained a displaced fracture of her hip. Shesubsequently underwent partial and total hip replacementsurgeries. Plaintiff filed a complaint against Defendant, alleging that she fell on an accumulation of snow and ice onthe sidewalk and was injured. Plaintiff ’s husband, KennethMatonic, sought damages for loss of consortium.

At trial, the issues were whether Plaintiff had express or implied permission to use Defendant’s parking lot andwhether Defendant had negligently allowed ice and snow to accumulate on its sidewalk. Plaintiff theorized thatDefendant was negligent because an employee of Defendantshoveled snow in the vicinity of the sidewalk, which meltedduring the day, flowed onto the sidewalk, and then froze inthe evening.

Plaintiffs’ Counsel: Richard Rosenthal and Jason M.Lichtenstein, Edgar Snyder & Associates, LLC, Pgh.

Defendants’ Counsel: Bernard P. Matthews, Jr., Meyer,Darragh, Buckler, Bebenek & Eck, PLLC, Gbg.

Trial Judge: The Hon. William J. OberResult: Verdict in favor of the Defendant.

Letters to the JudgeNo. 472XD10007WCDCSeptember 15, 2008

Your Honor, Sir,I have heard through the grapevine that your honor,

following his summer vacation, was suffering from jetlag. As this is a disease of the rich and an affliction of theaffluent, it is one which your humble correspondent has nofirsthand knowledge. But, I understand it is a feeling of anunsavory sort caused by your brain thinking it is one placeand your body thinking it is entirely someplace else. Jeeter,my cellmate, wondered aloud if it might be something similarto “patrol car lag,” where your brain and mouth will proclaim,to anyone who will listen, that at a particular time you were atone solitary spot, while your fingerprints on some inanimateobject, such as a steering column, might suggest that youcould possibly have been someplace altogether different.Jeeter says the cure is to lay low for a couple weeks and if no member of the constabulary trods upon your driveway orknocks his stick end upon your door you may begin to feelconsiderable relief.

Jeeter’s new girlfriend, Shirley, visited him on Sunday. Her middle boy, Norman, works across the state line at theOglebay Resort, and he says that one night, back in June,that a group of lawyers attending a shindig of some sort wereso enlivened by the outdoor after-dinner entertainment, whichincluded some judicial strumming and high-pinched amplifiedlyrics, that for the rest of the evening all decorum was abandoned, and that a particular ruckus arose in rooms 712and 714, with such outlandish noise, voluminous giggles, andassorted clamor, that justifiable suspicions arose, which were,in fact, confirmed the next morning to the dismay and disgustof the cleaning women.

Norman, who oversees the resort’s lost and found depart-ment, says that the next week you called and asked if anyonehad turned in a pair of brown Hart Schaffner and Marx slackswhich seemed to be missing, and that you offered Norman apremium, if he did have them, to have them dry cleaned andmailed to your home in a container with a label stuck upon itsface reading “Law Books, To Be Opened Only By His Honor.”

Jeeter and I know as a fact that Norman is a notoriousname-dropper, and don’t believe for a minute that, of all people, this was you. It was probably one of your colleaguesand he just used your name to impress us, knowing, as he did, that we would be mailing to you a petition for aColumbus Day furlough.

Hope you are feeling better,

Ricky H. Benbow, Sr.


office than he let on.His inventory of filesbrought him severalphone calls each weekfrom insuranceadjusters—and indaily contact with thecounty’s leading civiltrial lawyers. I canrecall vividly Joe’scases with lawyerssuch as A.C. and JohnScales, Bernie andLeonard Redlich, Ned Nakles, CarlFisher, Ernie Long, Henry Waltz, TomCeraso, Reg Belden, Christ. Walthour,and many others. Joe was competentand effective, and despite the competi-tiveness and vicissitudes of litigation inwhich a lot of money was at stake, onehad to be impressed with Joe’s cordialrelationships with other lawyers.

There were exceptions, of course.Once, at the Prothonotary’s Office, heand Bill Caruthers got into a heatedargument over the payment of costs.Bill, who had a long, successful career,could be feisty. When Caruthers askedJoe if he wanted to settle the matter(by fighting!) in the hallway, Joedropped his file and started for thedoor, only to be told by Caruthers to“calm down—I just wanted to see if Icould get your goat!” Joe laughedabout that for years. Yet, relationshipsoccasionally went to the oppositeextreme, as at the bar associationChristmas dance in 1975 when Joe and Bernie Redlich danced cheek-to-cheek to Irving Berlin’s“White Christmas.”

Prior to entering the U.S. Navy, Joe attended law school at DuquesneUniversity. Though he often describedhis law school years as a series of funnyincidents and forages to local taverns,Joe was an excellent student and wellthought of by his classmates. (Ofcourse, there were only 19 in his class,all men, barely enough to fill a tavern.)Later, one of his professors, the eminent John Murray, would


The Hon. Joseph A. Hudock continued from page 1grateful, and to this day I am so proud. I had worked very hard and tried to be fair and impartial with everyone. A judge seldom gets any feedback,however, and it is reassuring to know that one’s efforts have been appreciated.The editor also asked for my worst moment. That would have to be the

same retention poll when I realized that the 5.2% of the members who voted“no” for my retention were stupid, bigoted, air-headed nitwits, who deservedto have their wives and daughters run off with members of a polygamist cult!In 1989, I got the wild idea to run for the Superior Court of Pennsylvania.

Even though I had no political organization, and very little money, I decidedthat I had the qualifications, i.e., law degree, under the age of 70, and a citizen. Once again, the power brokers circled their prey. I was told to getout of the race, that if I got a Democratic nomination, “My legs would becut off,” etc., etc. Many good people came to my aid and we won.I have enjoyed my years in the appellate court, and have enjoyed hearing

arguments in Pittsburgh, Harrisburg, and Philadelphia. It has been especiallypleasurable for me to sit in various other parts of the state when we wereinvited to do so. For example, I have sat in Scranton, Bellefonte, Washington,Pa., Kittanning, Lancaster, Lafayette College, University of Pittsburgh LawSchool, Duquesne Law School, and Temple Law School.General Patton was a great general, but he is remembered as the

unsympathetic man who slapped the face of a poor scared soldier. RichardNixon accomplished much by way of our opening to China and other suchthings, but will be remembered as the disgraced center of the Watergatescandal. In my case, no matter what else I have done, I probably will be

remembered as the judge who wrote the “Nutkinopinion.” The case involved the Pennsylvania StateGame Commission citing a poor woman who hadadopted a squirrel as a pet. She had adopted thesquirrel while she was a resident of SouthCarolina, where it was perfectly legal to so do. Butwhen they moved to Pennsylvania, she came afoulof the game commission. A panel of three judges heard argument on this

case in the magnificent Supreme Court Courtroomin the Capitol in Harrisburg. If you have never seen

this room, you must make a special trip to do so. Thewood is beautiful mahogany, and the high ceiling is covered with a stained-glass skylight. The whole room oozes magnificence and grandiosity. As I lookedaround the room at all this magnificence, I could not help but be amused thatwe were hearing a serious argument about a squirrel. I have always taken thisjob seriously and have never trivialized any case before me. (Dan Joseph swearsthat at a sentencing hearing before me years ago, a defendant got down on oneknee like Al Jolson and pleaded, “Judge, don’t send me to jail. I have got to befree, free like a bird!” That much I acknowledge. However, Dan contends that Ithen said, “You want to be a bird? I’ll make you a jailbird: 11½ to 23 months.”For the record, I vehemently deny having said anything about jailbirds. I doacknowledge saying to Dante Bertani during a discussion about the jury chargeat the end of a criminal case: “You don’t want all that nonsense about reasonable doubt, do you?” The look on Dante’s face was priceless!)Nevertheless, the squirrel case seemed to push the limits.Accordingly, I wrote the opinion as if it were a children’s story about

Nutkin the squirrel. I expected to get a smile or two from my colleagues, butcontinued on page 18

�

Judge Hudock’s1978 WBA portrait

recommend Joe for a position with the Federal Trade Commission. Theidea of being in Washington, D.C.,was tantalizing, but Joe had spenteight wonderful, formative years at St. Vincent, courted his wife by payingfor her beers at the Tea Room, andbeen offered a job by one of thecounty’s leading lawyers, and the desireto return home was too great.

In the mid-1970s, Bob Boyer askedJoe to succeed him as the solicitor forthe Borough of Scottdale. Joe acceptedand in short order became involved ina major cable television rate case. Joerecommended that the borough retaincounsel who had PUC/FCC expertise,but the borough council felt theycouldn’t afford the counsel fees, so Joedid the work. (Joe never did learn howto implement the principle given tohim by Henry Mahady: “The first rightof every citizen is to have competentcounsel on a substantial retainer.”)

Eight or nine years earlier, NationalCable had set very low rates in orderto gain access to Scottdale and thecouncil was not about to let down

the good citizens of Scottdale byacquiescing to a rate hike. Joe soughtan injunction to block a rate increase.Judge Mihalich granted it. TheCommonwealth Court, in an opinionby Judge Genevieve Blatt, affirmedJudge Mihalich. In Borough ofScottdale v. National Cable TelevisionCorporation, et al., 381 A.2d 859, 476Pa. 47 (1977), the Supreme Courtagain affirmed, holding that a boroughordinance regulating cable TV rateswas constitutional. In dissent, JusticeRoberts scoffed that “the majoritytoday holds that a Borough [sic] has


authority to regulate the monthly ratescharged by a private cable televisioncompany simply because cable television wires run beneath the citystreets … That the ordinance cannotbe sustained as an exercise of the police powers is almost too obvious for discussion.” Joe was a hero inScottdale, but the holding sent shockwaves through the cable industry, who, though losing all the battles withHudock, later won the war by obtainingan act of the legislature allowing cablecompanies to set their own rates.

Joe left the Pershing office in 1974and joined Henry Waltz. Henry was atenacious defense lawyer and worriedabout his cases. Henry thought of Joeas one of the very few lawyers he couldtrust to do high-quality work. Joe andHenry had a great time together andtheir association might have lastedlonger had Joe been able to survivetwo- or three-martini lunches. Joefound that, despite the nutritionalvalue of an olive, he could accomplishnothing after lunch. Joe and I rejoined

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�

Mary Lou and Pat Costello with JudgeHudock and Rita Hudock in 1991.

in 1977, and Joe began what wouldbecome a career- and life-changing year.

Judge Weiss from Monessen andJudge Sculco from New Kensingtonwere to retire at the end of 1977.Judge Weiss had been on the benchsince 1957, but in public office sincethe 1930s when he was swept intoearly public office as part of theRoosevelt landslide. Prior to servingtwo full terms on the bench, JudgeSculco was the district attorney whoprosecuted the infamous “TurnpikeKiller,” John Wesley Wible (who wasexecuted). An era of two fabled judgeswas ending, and two vacancies were to be filled. Crime seemed to be on the rise, the courts were comingunder close scrutiny, and talk of the upcoming judicial election wasrampant within political circles.

During the summer of 1976, Joebegan to ask a few friends what theythought of the idea of him becoming acandidate for one of the seats. Joe was39 years old and quite accomplished as a lawyer, but felt a desire to live the law differently. (We had developeda bad habit of sneaking out of theoffice for coffee in the late afternoon atLee’s Restaurant. The practice of lawand legal issues of the day were alwaysthe topics of conversation, and Iremember how Joe enjoyed looking atan issue from many viewpoints.) Hisfriends thought of him as reflective,trustworthy, and knowledgeable, andencouraged Joe to run.

Certainly, Joe was not a “natural”candidate. He had a very low politicalprofile. (More accurately, he had NO profile.) But his friends believedin him, and, as luck would have it,Don Bailey had returned from Armyservice in Vietnam and was attendingDuquesne’s law school (carpoolingwith Tony Marsili, Jerry Fajt, andGeorge Kearns), and he was lookingfor a candidate.

Six lawyers filed petitions—ChuckLoughran, Lou Ceraso, Joe Hudock,Dr. Bernard Scherer, Bill Boyle, and


The Hon. Joseph A. Hudock continued from page 17to my amazement, the story went around the world. I had calls fromNational Public Radio, Canadian Public Radio, and various newspapersaround the state. I later found on the Internet stories about the case as faraway as Great Britain, India, Wisconsin, Maine, and various other places. Iwas considered a hero by a group called Squirrel Lovers for Freedom orSquirrel Lovers of America or some such name.I would like to be remembered

for something other than Nutkinthe squirrel.

SOME RANDOM MUSINGSIt is hard to believe that I

have been on the bench for 31years. It seems like yesterdaywhen I began. The thing I haveenjoyed most is my interactionwith the members of the bar,both professionally and socially. Wehave a great bar in WestmorelandCounty, with proud traditions.In retirement, I may do mediation

or title searching, if I can master thenew computerized records. Regarding title searching, Jim Silvis gave me wiseguidance years ago. He said, “If you find a mortgage to a bank in your search,

go no further. A bank wouldn’t loan money where title is bad.” Healso advised me: “Increase your malpractice insurance and certify.”I am still perplexed by a comment

made by Sua Sponte about mewhen he spoke at a bar associationdinner in a mid-state county. He proclaimed that since I had joinedthe Superior Court, my reversalrecord had improved greatly.Recently, I told Judge Driscoll that

while my wife and I were membersof Saint Vincent Church, we hadbeen attending a quaint little churchin Marguerite, which seats about

100 people, versus the magnificent Basilica at Saint Vincent which holds800–900 people. He asked why we didn’t join that smaller church. Iexplained that I wanted to be buried from the Basilica at Saint Vincent. Hereplied: “For the number of people who will be at your funeral, that churchin Marguerite will be morethan adequate.”Bibamus, moriendum est.(For the non-Latin speakers:

Death’s unavoidable; Let’shave a drink.)

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The Hon. John J. Driscoll, Dick Galloway,The Hon. Joseph A. Hudock, and RickGalloway at the 1998 Holiday DinnerDance.

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The Hon. Joseph and Rita Hudock at theCourthouse Centennial in 2007.

Vince Morocco, The Hon.Joseph A. Hudock and Aaron

Kress at a long-ago Bench/Bar.

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My own recollection some 30 years later is that Joe wasalways tired, Bailey was always “pumping sunshine” (theactual phrase is not repeatable here), and Joe’s supporterswere unfailingly encouraging. As for myself, I worried aboutmy solvency and was about to have a fourth child. The joy of bringing home a new son turned into one of those

campaign “incidents” that is never forgotten. On thenight my wife and ourfourth child came homefrom the hospital, Iannounced I had to go toMonessen with Joe. My wife has forgiven both Joeand me—so she says—buthasn’t forgotten.

Naturally, Joe’s personal life was a bit stressed. Joe’s personal finances at that time were based on a careful calculation that income must at least slightly exceedexpenses. He had a family and a mortgage, and there were no huge reserves from which to draw for months on end. As luck would have it (or, as Joe’s sister, MaryMcCloskey, would say, “a well-timed blessing”), Joe was able to settle one of his few (actually, I think it was theonly) plaintiff ’s cases for a $10,000 fee, which carried him during September-November, just a few steps ahead of his creditors.

Bob Kutz—but it was evident in early 1977 thatChuck and Lou were to bethe endorsed candidates. Scherer, who was then chair of theDemocratic Party, dropped out. Chuck Loughran and LouCeraso won the Democratic Party endorsements but Joestayed in the race.

The primary campaign introduced Joe to just about everycommunity in the county. The acclimation to campaigningwas enervating, but Joe gained confidence and developed a good stump speech. He began to emphasize what hebelieved—the law is to be respected and applied by judgeswho are non-political. On the night of the primary election,results were reported precinct by precinct as Joe’s peoplewaited at the Greensburg Moose. Loughran and Ceraso won both Democrat nominations, but Joe won one on theRepublican side. That night, Bailey told Joe that he wouldwin in November. As Joe and I walked to the parking lotafter the midnight hour, Joe couldn’t understand how Baileycould have any optimism. However, all the work put intothe primary election proved to be just the beginning. Baileyconvinced Joe to re-charge his batteries and get ready for fivemore months of campaigning.

The summer-fall campaign of 1977 was exhausting—not just for Joe, but for Chuck and Lou as well. Taverns,bars, clubs, civic and political groups, picnics, phone calls,mailings, etc., endlessly, it seemed, provided the routinefrom June through November.

The press coverage was constant. Ruth Love, DorisO’Donnell, Frank Myers, Richard Gazarick, Connie Gore, and Vince Campion all covered the campaign fromdifferent angles for the Tribune Review. The headline onJuly 21, 1977: “Judicial Race Sparks Political Conflict.”Jeanne Griffith, then Recorder of Deeds, was quoted as saying she had received political threats from powerful people because of her support for Hudock.

There was a great deal of coverage about “the machine ofthe Democratic Party,” etc. Joe’s own machine consisted ofhis brother and sisters and brother-in-law, Tom McCloskey,and a dedicated group of friends, who individually addressedand stamped (I don’t remember why we didn’t use bulkmail!) tens of thousands of envelopes.

Ned Naklesand JudgeHudock in1991.

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Judge Marker, Judge Hudock,Judge Ackerman, and Judge

Scherer at the 1989Bench/Bar Conference.

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Late on Tuesday, November 8,1977, after an intense campaign,Joe and Chuck Loughran weredeclared the winners, as Joe finished second, a few thousandvotes ahead of Lou. Joe had beenelected, pledging “Respect forLaw,” and to uphold the dignityof the court. (As an aside, LouCeraso, who had suffered a disappointing loss, came to theGreensburg Moose election night tooffer Joe congratulations and bestwishes for future success. Years later, Joe and I had a longconversation reflecting on Lou. Lou’s wife and childrenwould have been proud of Joe’s words of admiration andpraise. Lou was a gentleman.)

Joe entered the judiciary in January 1978. He was wellprepared for the job. Not only had he eleven years of

practice in the county, his JAGexperience had been formative.Part of his experience was inIshikawa, Japan. An experiencethere foretold his respect forlaw. As a young lawyer he wasfaced with a base commanderwho was determined to imposediscipline on an enlisted sailorthat Joe felt would have beenexcessive under the language ofthe Uniform Code of Military

Justice. Joe was able to limit the commander’s exercise ofpowers and obtain a just outcome. This early advocacy of respect for the law and process was one of many suchpositions Joe would exhibit during his career. Later workwould demonstrate a philosophy that sought the rationaland reasoned application of the law, but was wary of excessive exercise of power.

From January 1978 until December 1989, Joe served in our trial courts. By any measure he was a valued judgewho rendered outstanding service. He became known asone who was punctual, even-handed, and fair. Small caseswere given full attention; larger, complex matters were competently handled. At one point he was ensnared in a teachers’ strike in the Norwin School District. After an exhausting mediation he was applauded by all for ameaningful process and fair outcome. The civil trial bar—both plaintiffs’ and defense—considered him a knowledge-able colleague. (But life was not all peaches and cream. Joe often had to persevere through the desperate hours ofSaturday afternoons as he worked frantically to get opinionswritten. It was a struggle to stay abreast of the work—even

when I was his trusty, but part-time, law clerk. At one point, Joewas doing virtually all the familycourt work. Today four of us dothe work; naturally, Joe frequentlyreminds us that he did the workof four judges.) Joe took his workvery seriously, but never himself.After ten busy years of every kindof case—from custody and non-support, to civil, law or equity, tocriminal—he received a lawyer’sretention recommendation of 94%.

By 1989, Joe had become interested in the idea of doingappellate work and decided to seek one of two open seats inthe Superior Court, which had opened upon the retirementsof Judges Wickersham and Brosky. It was a long shot.

Joe managed to circulate enough nomination petitions to squeak onto the ballot. Again, Joe was not the likeliestcandidate. The others came from metropolitan regions orhad obvious political backers. Joe’s support was local, but itmattered in a big way! A.C. Scales wrote to every boroughofficial in the Commonwealth; Ned Nakles wrote to triallawyers in western Pa.; Tom Anton contacted his cousin,Bill George of the Pa. AFL-CIO; many bar members wrote


The Hon. Joseph A. Hudock continued from page 19

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Judge Hudock and Judge Ober at the 1998 Fall Gathering.

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Judge Charles and Sally Loughran with JudgeHudock in 2002.

Iam but one of the legions oflawyers, judges, and citizenswho hold Judge Hudock in deep

respect and high esteem. As hiscolleague, I have persisted forquite some time in an effort to persuade him to stay on theSuperior Court. My motive is quiteselfish, since he brings to the Courtsuch full measures of wisdom andwarmth that we will all be thepoorer for his departure. Alas, hisdecision seems firm.As you know, the smile of Joe

Hudock is ever constant, and he isso very tolerant of the shortcomingsof others, even the aloof, whosemanners are so foreign to his own.Moreover, his warm heart hasalways been stirred by the manyperils which beset the working person, so it is that he is especiallywary of those who view themselvesas elite.Most importantly, Joe is a man

of ethical absolutes, unshakablevalues, spiritual discipline, and self-sacrificial commitment. Admiredfor his intellect, saluted for his gentle, tolerant spirit, fair almost toa fault, and always understanding,Joe never allows the stress of the moment to turn him from adisciplined and informed sense ofwhat is right.I have been blessed to call Joe

friend, because it is his view thatfriendship is a faith and that, aswith family, to care and to nourishis to cause to flourish. Lord, howI—and the Court—will miss him.

— The Hon. Stephen J.McEwen, Jr., PresidentJudge Emeritus, TheSuperior Court ofPennsylvania

Orlando’s strategy often was to be soinsistent and repetitive, despite thetrial judge’s rulings, that he would beheld in contempt. Mistrials were thefrequent outcome and Joe was deter-mined to avoid a mistrial. (Years earlierJoe had witnessed epic battles betweenOrlando and Judge Keim, which werenot pretty.) Joe held Orlando in con-tempt, fining him $200, but he did so outside of the jury’s knowledge. (Joe later offered to pay the purge, butOrlando refused Joe’s offer and similaroffers from several lawyers.) But thecase was a huge physical and mentalchallenge for Joe. He developed visionproblems and headaches.

At his wife’s insistence, he went for a physical exam. The nurse tookhis blood pressure and ran to get thedoctor; the doctor immediately toldJoe to sit down. His blood pressurewas 200 over 100, stroke territory. (Joe complained to me that he couldhave died. My feeling was that, sincehe didn’t die, he should be grateful for the publicity. The TV stations had sent artists to the courtroom.Sketches of Joe, unflattering as theywere, appeared almost nightly on allthe Pittsburgh stations.)

Kate Ford Elliott and Joe werenominated. It would be quite a year

to colleagues around the state; Joe’sclassmates (all 18 of them) promotedhim; friends like, John “Patches”Yazach, a cantankerous, “it’s-them-or-us” kind of fighter, pounded signs inevery PennDOT right of way inWestern Pa.; Joe “The HungarianPrince” Setmire accosted members ofthe deputy sheriff ’s association all overthe state, cajoling support from hishundreds of “best friends,” etc.

Joe campaigned virtually everynight and on weekends. He was determined to miss little or no work,and save vacation days for the fall in the event he won a nomination.Looking back, he carried things a bittoo far. In the middle of the primaryseason, Joe had to handle the Mignognacase. Mignogna was accused of twogruesome homicides in Trafford andwas to be defended by the publicdefender. The legendary FatherOrlando Prosperi happened to be visiting from Rome and read about thecase. The throats of the two victimshad been slashed and the death penaltywas a possibility. Orlando returned tothe courtroom as volunteer counsel toassist Dante Bertani and Debbie Pezze.The trial lasted nearly three weeks,consumed Holy Week, and included aSaturday session. Joe had knownOrlando for years and realized that


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The Hon. Joseph A. Hudock and TheHon. Stephen J. McEwen, Jr., in 1991.

for Joe and his family. Kate had runbefore (and won! But the electionresults were vitiated, as the electionhad been incorrectly held in an even-numbered year. How that happened is a story for another day.). The two Republican candidates wereDeputy Attorney General and formerWelfare Secretary Walter Cohen, andPhiladelphia Judge James Melinson.Almost before the general campaigneven started, Joe mentioned to JudgeMihalich that he had heard there was a“deal” under which Melinson (whowas the nephew of the famousPhiladelphia Republican boss, BillyMeehan) would be supported by largeblocks of Democratic Party operativesin Philadelphia and throughout thestate. In the most unusual action,organized labor endorsed three candidates (two Democrats and aRepublican) for two seats.

Joe and his wife, Rita, traversed the state during the summer and fall.He ran a campaign that wasmuch different from thoserun today. As he had twelveyears earlier, he finished second—a winning spotwhen two seats are available.The November 9, 1989,front page of the TribuneReview ran a huge pictureof Joe (oddly enough, adjacent to one of CambriaCounty Judge JosephO’Kicki, a colleague andfriend of Joe’s who had beenindicted for theft), asking ifhis victory was a “politicalmiracle.” Here is part of the article, headlined as“Hudock Victory Low-Cost‘Miracle.’”

“Yes, that’s what(District Attorney) JohnDriscoll called it today,”said Hudock in his book-lined conference officeon the mezzanine of the Westmoreland County

The Tribune-Review had put it quitewell in its May 7, 1989, endorsement,captioned “Hudock is ‘Superior’”:

Judge Joseph Hudock deserves ashot at Pennsylvania’s SuperiorCourt.

Why? Not just because he’s a local,

Western Pennsylvanian boy who hassucceeded in the judicial arena.

Not just because he’s earned hispolitical spurs.

Not just because he knows the lawand has the appropriate temperamentto handle appellate matters.

But because he’s a special humanbeing.

First, he listens … and responds.Yes, the independent Democratchampions the idea the court risesabove politics and social fads. Buthe also respects the unwritten linkbetween morality and the law, andthe public’s concern for balancebetween the rights of the victim and

those of the accused. Second, Judge Hudock

cares about his community… not just WestmorelandCounty, but the “communityof man” as well. He’s sensitive to the anxiety over the growing drugproblem, the desire for law and order, and the concerns involving economic justice.

Third, he’s a worker. Heloves methodical research… doing it right. Thataptitude will be particularlyuseful in Superior Court.

And finally, JudgeHudock loves the law. He’sbuilt his life around it andwe’ve all benefited as aresult. To Joseph Hudockthe law lies at the base of the social structure andhe enjoys participating insupporting the developmentof that structure.

Courthouse. “With all the donationscounted, the campaign will runaround $40,000.00. And, of 67counties, I personally visited 40.”

To what can he attribute his victory? “Well, we didn’t have anyTV and very little radio. No billboards, an edge with the largestatewide Democratic registration.But it was just people…The Tribune-Review, though

usually somewhat parsimonious withits endorsements, had a somewhat different perspective, as to “why?”


The Hon. Joseph A. Hudock continued from page 21

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Judge Hudock, Judge Driscoll, and JohnPeck at the 2001 Holiday Dinner Dance.

For all of these reasons and morethe Tribune-Review believes JudgeHudock deserves a chance to servein Pennsylvania’s Superior Court.In a few weeks Joe would begin

his work on the Superior Court. His journey had prepared him well.On December 29, 1989, in his owncourtroom (now Judge Pezze’s), theSuperior Court convenedfor the first time ever inWestmoreland County. It was truly an august occasion, attended by thecomplete WestmorelandCounty bench and manyappellate judges. There was even music.

Joe’s oath of office tenyears later upon his reten-tion would stand in starkcontrast to his first. Joe thought itwould be great to be sworn into officein Hanna’s Tavern at Hannastown. JimSteeley let us into the tavern. It was awet and mucky day in December1999, but Judge Marsili, Joe, and Idonned our robes and I administeredJoe’s oath. Joe thought it was historic; I thought it was ludicrous.

Back to 1989: Judge Cirillopresided and Judge Mihalich, DickGalloway, then president-elect of thebar association and a long-time friendof Joe’s (Dick and Dan Ackerman hadpracticed together for many years; theyand Joe would frequently have lunchtogether, occasionally complainingabout the shortcomings of judges),Pete Vaira, a law school friend of Joe’swho had been head of the ChicagoOrganized Crime Strike Force andU.S. Attorney in the Eastern Districtof Pa., and I made remarks, all ofwhich praised Joe, but were, for themost part quite forgettable. ButBishop Connare, in his resonant, silvery voice, to a full courtroom,intoned words that, in a general way,seemed to be a guide Joe would followfor the next twenty years:

May the dear Lord continue toenlighten our friend and brother,Judge Hudock, who today assumeshis post on the Superior Court of

Joe Jr., a practicing trial lawyer inPittsburgh; Daniel, who practices with McDonald, Snyder & Lightcapin Latrobe; Anne, a published author;and Mary, who has obtained graduatedegrees in English and literature; andsix grandchildren. When all is thoughtthrough, Joe’s career is a shining example of success achieved throughdiligence and competence, but alsothrough civility, decency, and integrityin a manner that we would all wish to emulate.

This past December, Joe, ChuckSeamens, and I had lunch at the Rialtoin Greensburg. Halfway throughlunch, I realized that the date wasDecember 31, the last day of Joe’scommissioned service as judge. Histhirty-year judicial career was virtuallyover. For some strange reason itdawned on me that in all the years Joehas been sending me funny notes, healways used his own stamps, neveronce taking advantage of his officialpostage privilege. Joe had promisedrespect for the law and the courts, andhe fulfilled his promise in large mattersand in small. For myself, I felt a bitnostalgic and thankful for a wonderfulfriendship of 38 years. In many ways,my feelings at that moment were thesame as when I walked in to his lawoffice for the first time.

our Commonwealth. May the Lordshower him and his colleagues onthe Bench and at the Bar with thatwisdom which seeks the divinedimension of their every decision.Responding in the spirit of that wisdom, may they faithfully fulfilltheir sworn duty to serve the needsand interests of our beloved people.

Joe’s work on the Superior Courthas indeed validated the faith and confidence of his friends and supportersand been true to the values instilled by his family, his church—and theBenedictines of St. Vincent PrepSchool and College. Being true andfaithful to the deep obligations of the judicial oath requires a daily commitment that not every judge canfulfill. Joe—in faith to his obligationand sustained at times by the life-givingforce of the martini—has given a fullmeasure of important and meritoriousservice to Pennsylvania’s judicialprocess, in both the trial court andappellate courts.

Along the way, Joe himself has hadthe greatest blessings of life—a devotedwife, Rita; four wonderful children,


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Judge Driscoll administeredJudge Hudock’s oath of officefor his second term on theSuperior Court bench in thehistoric Hanna’s Tavern inHannastown, Pa., in 1999.Judge Marsili served as a witness to the event.

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awarded toGreensburgSalem Area HighSchool graduateEric Harbison.Eric received hisundergraduate

degree in economics from BucknellUniversity and is a second-year lawstudent at the University of PittsburghSchool of Law. Eric was the recipientof the Donald Laird Hankey MemorialScholarship in 2007.

The HonorableDavid H. WeissMemorialScholarship is namedfor the formerPresident Judge of the Court ofCommon Pleas in WestmorelandCounty who was an alumnus of theUniversity of Pittsburgh School of Law.

MOCK TRIAL

Mock Trial Scholarships are made possible through the generousdonations of members of theWestmoreland Bar Association, appropriately titled the FoundingFellows. Over $60,000 was raised by this group to assure that two$1,000 college scholarships could be awarded each year to deservingmock trial participants.

This year’s Mock Trial Scholarshipwinners are Alicia Uhrin and ChristenCasale.

Alicia Uhrin is a 2008 graduate of Mount Pleasant High School. Alicia is attending DuquesneUniversity and will pursue a dualdegree in Spanish and Business. She is the daughter of Karen andDavid Uhrin.

Christen Casale is a 2008 graduateof Greensburg Salem High School,and was a member of the winningcounty Mock Trial team. Christen is attending the University ofPittsburgh, main campus. She is the daughter of Tina and David Casale.

The Donald Laird Hankey

Memorial Scholarship

The Donald Laird HankeyMemorial Scholarship of $3,000 was awarded to Penn-Trafford HighSchool graduate Joseph Tkocs. Joseph is a first-year law student at DuquesneUniversity School of Law and hasearned both B.S. and MBA degrees atIndiana University of Pennsylvania.

The scholarship isnamed for DonaldLaird Hankey, a solepractitioner in NewKensington and amember of theWestmoreland BarAssociation for morethan 65 years. A lifelong resident ofWestmoreland County,Attorney Hankey was an alumnus of Westminster College and theUniversity of Pittsburgh School of Law.

The Honorable David H. Weiss


The Honorable David H. WeissMemorial Scholarship has been


foundation focusWBF ScholarshipsAwarded at Ceremony

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Five scholarships were awarded to law school students and mock trial participants duringa ceremony held in August at the Westmoreland County Courthouse. From left to right:The Hon. John E. Blahovec, President Judge; Alicia Uhrin; Christen Casale; Tarah Park;Eric Harbison; Joseph Tkocs; Timothy J. Geary, WBF Trustee; and The Hon. Daniel J.Ackerman, WBF Chair.

The Westmoreland BarFoundation awarded three lawschool scholarships and two

college scholarships to WestmorelandCounty residents at a ceremony heldAugust 7, 2008, at the WestmorelandCounty Courthouse.

LAW SCHOOL

The Wayne R. Donahue


Tarah Park, of North Huntingdon,is the recipient of the $2,500 WayneR. Donahue Memorial Scholarship. Agraduate of Westminster College, Tarais a first-year student at the Universityof Pittsburgh School of Law.

The scholarship isnamed for Wayne R.Donahue, a solepractitioner fromNew Kensington,who was a lifelongresident of westernPennsylvania and analumnus of DuquesneUniversity andDuquesne UniversitySchool of Law.

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Wayne R.Donahue

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Donald LairdHankey

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The Hon. David H. Weiss

WBF Boardof TrusteesReport

The following transpired at theSeptember 2, 2008, quarterlymeeting of the Westmoreland

Bar Foundation (WBF):• Endowment Committee wants

to spread the word that gifts of$5,000 or more to the WBF can be administered through a donor-advised fund.

• WBF will co-sponsor lecture ontopic of school prayer by NYUProfessor Stephen Solomon, whowrote “Ellery’s Protest: How OneYoung Man Defied Tradition andSparked the Battle Over SchoolPrayer,” on October 30 at 7 p.m. at the University of Pittsburgh at Greensburg. This event is underwritten in part by a generouscontribution from The BeldenFamily Fund.

• Public Relations Committee will bemeeting to discuss how to respondto inaccurate, misleading, or biasedreports in the media; developmentof a website similar to the AlleghenyCounty Bar Foundation’s; and promotion of and public relationsfor lawyers.

• WBF Financial Advisor PaulBrahim advised that the investmentshad lagged on returns in 2008 butthat a slight growth could beexpected in the fourth quarter.

• Treasurer Kathleen Kemp andDiane Krivoniak planned to attend the IOLTA Board meeting inPittsburgh on September 10 tothank the Board for the funding it provides to our programs.

• Mock Trial Scholarship Awardrecipients were recognized in earlyAugust at a ceremony in JudgeBlahovec’s courtroom; the event wasfeatured in an article in the TribuneReview written by Jennifer Miele.

• The Outreach Committee is planning this year’s Holiday Dinner

Westmoreland County Courthouseand spoke with Bruce Tobin about thePro Bono program in Greensburg.Bruce directed her to Pro BonoCoordinator Iva Munk and by the endof their conversation, Joanne agreed tovolunteer with the Pro Bono Programand meet with clients seeking a divorce.

On November 1,2007, six clients werescheduled to meetwith Joanne for half-hour appointmentsstarting at 9:00 a.m.Around 10:00 a.m.,we were calling clientsto see if they wouldbe able to arrive earlier. By 11:00 a.m.,Joanne had inter-viewed all the clients and, with a smileon her face, she was gone. This samephenomenon happened on June 19and again on August 14 when she consulted with eight clients in approximately two hours. The whirlwind continues at her office inPittsburgh, as clients have happilyexpressed the speed with which theircases are progressing.

Joanne has been voted aPennsylvania Super Lawyer every year from 2005 through 2008. She has also been listed in every edition of “The Best Lawyers in America.” We know why. She has a professional,no-nonsense style and she knows howto get the job done.

Ms. Wilder, we really appreciate allyou have done for the Pro BonoDivorce Program.


Dance Silent Auction with the helpof the Board of CASA, who willsplit the proceeds with the WBF.Robert Morris Lecture Series ticketsare among the items that will beavailable for bid.

• Pro Bono Coordinator Iva Munkdistributed up-to-date case statisticsand reported that she will be available for potential clients inMonessen in September.

• WBF will contribute at least $500to the Turkey Trot this year.

• Next quarterly meeting scheduledfor Tuesday, December 2, 2008, at 4 p.m.

Super Lawyer/Super Woman

JoanneRoss WilderIs Making It Count

The Pro Bono Program of theWestmoreland Bar Foundationis constantly making phone

calls and networking to find attorneysin this county who will volunteer theirtime to provide legal representation for eligible clients. When an AlleghenyCounty attorney contacted us late lastyear to volunteer her services, we at thePro Bono Program couldn’t have beenhappier.

Joanne Ross Wilder, a principal inthe matrimonial law firm of Wilder &Mahood, P.C. in Pittsburgh, wasattending a custody hearing at the


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Lawyers’ Exchange(Free to all members of the WBA)

wba news

from the fund to meet with theboard. Mrs. Krivoniak wascharged with making the offer tothe Client Security Fund.

• Mrs. Krivoniak met with health insurance providers to begin pricingemployee health care for 2009.

• PBA Zone 6 Governor Bob Johnstonwas invited to attend the meeting todiscuss the PBA leadership and hisrole as our Zone 6 governor.

AUGUST 19, 2008• CLE report shows that CLE income is

up due to walk-in fees for 2008. • Learned that PBA Young Lawyer

delegate Tony Perrone has relocatedhis practice from Westmoreland toCambria County; the PBA YoungLawyer delegate seat needs to befilled through the 2010 AnnualMeeting.

• Amended decision reached at theJuly meeting about the location ofthe 2009 Bench/Bar Conference.Agreed that the 2009 Bench/BarConference should be scheduled atSeven Springs.

• Jim Silvis, Rich Flickinger, and John Campfield agreed to serve on LRS oversight committee.

• Learned that PBA is looking for attorneys and non-attorneys to serve on a commission to evaluateappellate court candidates.

• Agreed to consider putting proposaltogether to partner with PBI and holdwebinars and other such CLEs in thebar headquarters.

• Board agreed that we shouldresearch the costs to rent theWestmoreland Intermediate Unit for this kind of seminar.

• Young Lawyers report by Chair John Hauser:– The YL summer picnic will be held

on Friday August 22 at HeidiDeBernardo Norton’s house.

– YLs need a new service chair toreplace Tony Perrone.

• Agreed that James Boggs will play atthe Fall Gathering on October 4 atWestmoreland Country Club.

Actions ofthe BoardJULY 15, 2008• The Westmoreland County Chamber

of Commerce will not be able to addour suggested educational programsto their fall schedule.

• Agreed to have board member orMrs. Krivoniak join the Chamber’seducation to help the bar associationhave visibility with the Chambermembers.

• Hired a website development company to begin initial design ofthe Lawyer Referral Service site.

• Agreed to return to Oglebay for the2009 Bench/Bar Conference.

• The PA Client Security Fund hasrequested help on two matters: – Legal representation (pro bono) to

complete the legal matters whichhave been caused by a member of the WBA, and

– Aid to clients in completing theapplication to their offices. Boardagreed to invite a representative


Volunteersfor Justice

The Pro Bono Program extendsthanks to all the attorneys whovolunteered their time from

April through September 2008.

APRIL THROUGH JUNE 2008

Marnie Abraham, Gary Alexander, Jim Antoniono, Scott Avolio, JanetteBaisley, Kenneth Baldonieri, BeckyBrammell, Larry Burns, George Butler,David Caruthers, Brian Cavanaugh,Eric Dee, Amanda Faher, RebeccaFenoglietto, Meagan Filo, MikeGarofalo, Barry Gindlesperger, JeffGolembiewski, John Hauser III, James Horchak, Maureen Kroll,Stephen Langton, Robert Liotta, Irene Lubin, Shirley Makuta, ChuckMason, DeAnn McCoy, Paul MillerJr., Donald Moreman, Mike Nardelli,Debra Nicholson, Keith Nicola, Terry O’Halloran, Bradley Ophaug,Tony Perrone, Brian Petroski, PamelaRoudebush, Ronald Russell, RobertSlone, Peggy Tremba, Todd Turin,Mark Wible, Joanne Wilder

JULY THROUGH SEPTEMBER 2008

Gary Alexander, Kenneth Baldonieri,Dustin Barr, Robert Blum, LindaBroker, John Bumbaugh, JohnCampfield, Brian Cavanaugh, Rebecca Fenoglietto, JeffGolembiewski, Dennis Gounley, John Hauser III, Debra Henry, James Horchak, Maureen Kroll,Stephen Langton, Irene Lubin, Shirley Makuta, Jason Mazzei, PhilipMcCalister, Paul Miller Jr., DavidMillstein, Donald Moreman, Ned Nakles, Mike Nardelli, DebraNicholson, John O’Connell Jr., TerryO’Halloran, Bradley Ophaug, GinoPeluso, Dennis Persin, Brian Petroski,Pamela Roudebush, Ronald Russell,Joanne Wilder, Gerald Yanity

foundation focuscontinued from page 25

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Dear WBAfriends:After awonderfultime at theBench/Bar,

I left for a long drive and whirlwindvisit to my new home, The BigEasy. I didn't begin to explore all of its attractions, because I returned to Baltimore in July for a month of training. As ofAugust 1st, I am officially anAdministrative Law Judge for theSocial Security Administration.In New Orleans I am living at 5329Citrus Boulevard, H-348 ElmwoodPark, River Ridge, LA 70123.Come visit! Call (724-396-0522) or e-mail ([email protected])me to make reservations! I hopeto see you soon, either inPennsylvania or Louisiana.

— Barbara Artuso

wba news

• Agreed to hold the annualbar leaders/bench meetingon October 21. Agendaitems so far include: local rules, e-filing, andpublication of trial lists in the Westmoreland Law Journal.

• Fee Dispute CommitteeChair Harvey Zalevsky is inneed of two non-attorneysfor his panels; agreed to contact SCORE to see if they have retired professionals interested in serving.

SavingsExtended to WBAMembers

The Westmoreland BarAssociation is pleased to offermember savings with Staples

Business Advantage—not the same as“Staples Retail.”

The WBA will save 20% this yearon office product purchases madefrom Staples Business Advantage.

To start your savings, contact Jessicaat [email protected]. In thetext of your e-mail, identify yourself asa member of the Westmoreland BarAssociation and include the followinginformation: office name, address,phone, fax, and contact person.

If you are in the market for a newcopier, give ComDoc Communication& Documentation Solutions yourconsideration. This employee-ownedbusiness will extend discounts onoffice products to all WBA memberswhile issuing a 3% rebate check to theWBA for each purchase.

Board when you change youraddress or phone number. Allchanges in address must bereported to the AttorneyRegistrar within thirty (30)days after such change.

In order to update yourofficial address of record withthem, complete the Requestfor Address Update formwhich is available online at http://padisciplinaryboard.org/forms/attorneys.php#registration and fax ormail it to the AdministrativeOffice. Your address of recordwill be available to the public.

SuperiorCourtBlog

Rominger Legal has a new blog where PennsylvaniaSuperior Court cases

are posted every day and are categorized for easy reference.

Access the blog at http://pacaselaw.blogspot.com.

What MightYou BeMissing?

Are you getting all your WBA correspondence? Manynotices are sent via e-mail

or fax, and some invitations to eventsare sent to your home address. If wedon’t have your current information,we can’t contact you. Please be sure to let us know when your contactinformation changes. E-mail us [email protected] to get yourinformation up to date. In addition,don’t forget to notify the Disciplinary


On The Move ...BARRY B. GINDLESPERGER has opened his office at

101 North Main Street, Suite 206A, Greensburg, PA 15601-2407.His phone number is 724-853-2464, fax 724-216-5365, [email protected] F. ZURAWSKY is Vice President and In-House Counsel

for Jennmar Corporation, 258 Kappa Drive, Pittsburgh, PA 15238;412-963-5325; fax 412-963-8099; e-mail [email protected].

Got News?Do you have news to share withthe sidebar? Making Partner?Marriage? Birth? Anniversary?Accomplishments? Send us a fax at 724.834.6855 or e-mail usat [email protected], andwe’ll publish your news in thenext available issue.

NOVEMBER

4 Election Day

11 Courthouse closed in observanceof Veterans Day

12 Membership Committee, Noon

Bankruptcy Committee, Noon

Real Estate Committee, Noon

13 A CLE Event: “Right to KnowAct,” Noon to 1:15 p.m.

18 Family Law Committee, Noon

Board Meeting, 4 p.m.

19 Ned J. Nakles American Inn ofCourt, 5 p.m.

20 A CLE Event: “An Elder LawPractitioner’s Primer on ReverseMortgages,” Noon to 1:15 p.m.

27 Courthouse closed in observanceof Thanksgiving

28 Courthouse closed in observanceof Thanksgiving

OCTOBER

21 A CLE Event: “Hot Tips inFamily Law,” Noon to 1:15 p.m.

Board Meeting, 4 p.m.

22 Ned J. Nakles American Inn ofCourt, 5 p.m.

30 FREE and Open to the Public:“Kids, Prayer, and Creationism—the Misunderstood Conflict overGod in the Classroom,” 7 to 8p.m., University of Pittsburgh atGreensburg, Ferguson Theater

Sponsored by the Westmoreland BarFoundation, The Belden FamilyFund, and the University ofPittsburgh at Greensburg. Onehour of CLE credit is available to attorneys for a fee of $30 forWBA members who preregister and prepay on or before October 29 ($40 for walk-ins), or $50 fornonmembers.


Westmoreland Bar Association129 North Pennsylvania AvenueGreensburg, PA 15601-2311

PRESORTEDSTANDARD

U.S. POSTAGE

PAIDGREENSBURG, PA

PERMIT #678

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

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

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

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

VOLUMEXX,NUMBER5 OCTOBER2008 · of $30 for WBA members who p regist a nd y o before October 29 ($40...

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Transcript of VOLUMEXX,NUMBER5 OCTOBER2008 · of $30 for WBA members who p regist a nd y o before October 29 ($40...