VOLUMEXX,NUMBER6 DECEMBER2008THENEWSLETTEROFTHE WESTMORELANDBARASSOCIATION VOLUMEXX,NUMBER6...

THE NEWSLETTER OF THEWESTMORELAND BAR ASSOCIATION

VOLUME XX, NUMBER 6DECEMBER 2008

INTHISISSUE

thesidebar

2 11 JuryTrialVerdicts9 To-Wit:

by S.Sponte3 In Memoriam

JohnW.Pollins, III 5 WBA

MembersHonored 7 Spotlight

on MariaSoohey

President’sMessage

Catherine Young has assumedher post as the new ExecutiveDirector of CASA of

Westmoreland County. She succeedsRachael Lord, MSW.

Catherine brings a wealth ofexperience with her. She was born

and educated in thestate of California,graduating from theMcGeorge School ofLaw, University of thePacific, in Sacramentoin 1991. She hasworked in bothprivate practiceand public service,practicing law inState, Federal, andNative American

Tribal Courts across the country.Catherine’s legal career has takenher from California and WashingtonState to Pennsylvania, where she haslived for the past eight years with herhusband and children. Her experienceincludes civil litigation in the areasof First Amendment issues, attorneyethics, business, family law, andproducts liability, as well as serviceas an Assistant Attorney Generalfor Washington State, as counsel forthe Department of Social & HealthServices, Division of Child Support.In Washington, she also worked forSpokane Legal Services representing

indigent families, and more recently,she served as staff attorney with theLegal Aid Society of Pittsburgh,a/k/a “Kids Voice,” where she wasan advocate for abused and neglectedchildren.

Catherine Young’s dedication tochildren’s advocacy began when sheherself was a CASA volunteer andguardian ad litem in WashingtonState, some fifteen years ago. AsCatherine describes, “CASA isan acronym for Court AppointedSpecial Advocates, and is a nationwideprogram of community volunteersthat began in Washington in 1977.The CASA program was first broughtto Westmoreland County last year, atthe inspiration of Judge ChristopherFeliciani. His heartfelt commitmentto the children and families whocame before him in court led theJudge to seek support for launchingthis program. He received supportfrom the Bench, the Bar, theChildren’s Bureau, and many others,whose generous donation of time andfunding made this mission possible.”

As Catherine explains, “CASAvolunteers are assigned to a case tobe the ‘eyes and ears of the Court.’They gather information and makerecommendations as to what is in thebest interest of the children they serve.CASA volunteers receive extensivetraining and work cooperatively with

social workers, counselors, schoolteachers, medical personnel, caregivers,and other adults who are involved inthe child’s life. They meet with parentsand other relatives. Most importantly,they develop a relationship with thechildren they serve—a relationshipthat endures throughout the entiretime a child’s case is ‘in the system.’”

“CASA volunteers come from allwalks of life, and bring a fresh, trulyindependent perspective,” Catherineexplains. “When we ask new questions,we are more likely to get new outcomesfor these children whose lives havebeen shattered.”

“My vision,” Catherine shares, “isto give a voice of hope to those mostvulnerable among us—children whohave suffered the unspeakable painof abuse and neglect. As a CASAadvocate, one can deeply impactthe lives of children who, throughno fault of their own, find themselvesin hopeless, helpless situations.”

Those interested in learning moreabout the program can visit the countywebsite at www.co.westmoreland.pa.us/casa. There they will findinformation how to become a CASAvolunteer, how community groupsand individuals can support CASA bypromoting community awareness, andhow financial contributions will helpto ensure the program’s sustainabilityin Westmoreland County. �

CASAHires a New Executive Director, Catherine S. Young, Esq.

ANew Voice for WestmorelandCounty’s Children

�

Catherine Young

Is it possible another holiday seasonis here? Every year, as I review myChristmas shopping list, I declare

that I will not purchase another giftcard, but every year I wonder how elseI can be sure that the recipient will like

my selection. Mymethod has alwaysbeen to buy what Iwould want to receive.That way, at least oneof us is thrilled withthe gift! As they say,“It is better to givethan receive.”

Now that I amin the shopping spirit, I rememberthe holiday when I gave a friend agift for each of the twelve days beforeChristmas. I had such a good timeshopping, but I had an even bettertime knowing how pleased my friendwas. So that gave me an idea. Whynot give twelve gifts to the WBAmembers? Each gift is valuable, andif you accept the gifts, you will begenuinely rewarded.1. HOLIDAY DINNER DANCE

ON DECEMBER 13, 2008, AT THE

LATROBE COUNTRY CLUB Notonly will we be visiting with ourfriends that evening, we will berecognizing the Honorable Joseph A.Hudock on his retirement from theSuperior Court. In addition, you won’twant to miss the great items for saleat the Silent Auction, the annualfund-raiser that benefits theWestmoreland Bar Foundation’scommunity outreach programs.2. DR. PAUL DAVID NUSSBAUM,

CLINICAL NEUROPSYCHOLOGIST,

WILL SPEAK AT THE QUARTERLY

BAR MEETING ON JANUARY 22,

2009 He will talk about how tomaintain healthy brain functioning.Dr. Nussbaum lectures nationally andinternationally on topics related tobrain health, healthy aging, dementia,

still under construction, here are someof things it will help you do:• Register for committee meetings

and CLE programs• Pay for CLE programs with a

credit card• RSVP to all events• Access an online member directory,

and download the directory to yourBlackberry

• Join a listserv• Access our WBA blog, and more!7. BENCH/BAR CONFERENCE

I think the Bench/Bar Conferencejust gets better every year. The

committee works to select avenue that offers differentactivities (everyone can

find something), goodaccommodationsand great food. Butconsider the bargainthat you get for thesmall price that you

pay—the registrationfee includes CLEcredits. If you have notattended a Bench/BarConference recently, putthis on your “must do”list for June. We areheaded for Seven

Springs (with newly remodeled rooms)in June of 2009.8. FALL GATHERING This event

has become very popular over theyears. After the summer vacations haveended, it provides a great opportunityto catch up with one another and planfor the hectic schedules that fall andwinter can bring.9. CONTINUING LEGAL

EDUCATION Not only does theWBA offer numerous and varied CLEprograms to attorneys, we also provideeducational programs to the public. Wehave excellent presenters and discountregistration fees to our members.

and related disorders. His presentationwill be informative and fun. What agreat way to start the year by takingadvantage of a wellness program thatwe can all benefit from. We encourageyou and your spouses to attend thisfree program, as this is one you do notwant to miss.3. LAWYER REFERRAL WEB

PAGE Look for this in January 2009.When you access the Lawyer Referralsection of our web page, you will bepleased to find an efficient system forassigning an attorney to a client. Assoon as a client registers, he/she willreceive an e-mail assignment. Thissite will be a great benefitto the public, as well asto the attorneys in theprogram.4. COMMITTEES

The work of thecommittees isinvaluable. Atmeetings, you canhave lunch and engagein discussions aboutthe law. If you have aquestion, chairs andco-chairs are only aphone call away. As acommittee member,you have the support of each otherand you are always welcome at anymeeting.5. ANNUAL MEETING Every

April, we hold the Annual DinnerMeeting to review the previous year’saccomplishments, to recognize thoseattorneys who have excelled in theirservice to the WBA and the public,and to elect officers for the board ofdirectors, and the membership andbuilding committees.6. THE NEW WBAWEB SITE

It is really coming! By March 2009,we will launch our new web site,which will have a fresh new face andbe easier to navigate. Although it is

2 • sidebar DECEMBER 2008

President’s Message

Twelve Gifts of the WBAby Barbara J. Christner, Esq.

continued on page 4

Editor’s note: John W. Pollins, III,passed away on August 25, 2008. He issurvived by his wife, Susan; his children,John W. Pollins, IV, and wife, Heather,Suzanne MacLennan and husband,Andrew, and Christina Shackelford andhusband, James; and his grandchildren,Kayla and Megan MacLennan, Ella-MaeShackelford, and John W. Pollins, V.

by Jon M. Lewis, Esq. (with David J. Millstein, Esq.)

John W. Pollins, III, was acomplicated guy, the sort youdon’t often see. You could writea book about each one of his

numerous and varied interests andeveryone who knew him had a “JohnPollins” story. Some of us have many.

I ate lunch with him regularly forthirty-four years, and on most of thoseoccasions he had a story or a joke toshare. And when he didn’t have a newone, he’d simply recite an old punch

kept there to play for a few minutes, asif it helped him contemplate the issuesor think of the next line of questions.Or maybe he became spontaneouslyeager to work out the intricacies ofsome new musicalphrase that hadpopped into his heador maybe he recalledthe passage of somesonata that was inneed of immediateexpression. Or maybehe just needed totinkle. I could nevertell which.

John was at least asmuch concerned withmaking precedent as he was inpreserving it. It was his passion tomake the law what he thought itshould be that fueled his many trips tothe appellate courts. Although he wasnot always successful in convincing thevarious courts of the Commonwealththat his view was the better one, oreven a coherent one, he never lost hisardor for the pursuit. In fact, I don’tthink he ever even got winded.

But John was not just about thelaw. His other passions were as diverse,as eclectic, as a kid’s ardor in a toystore. He loved Shakespeare and couldand would quote the Bard incessantly.Some years ago, when he found outI was going to England to visit mybrother, he commanded me to goto the Globe Theatre. It was therethat his love for Shakespeare and formetalworking had coalesced. It wasthere that a primrose he had forgedsat atop the gate at The Globe, thefirst-place winner of a competitionheld for that purpose. The same

line and we’d laugh all over again,not just because it was funny thefirst time but also because we alwaysremembered both the story andthe peculiar embellishments of thestoryteller with equal affection.

At work, John was always a sight tosee. Sometimes he’d absentmindedlyput a lighted pipe in his coat pocketand take up some project, obliviousthat his jacket continued to smolder.Sometimes he’d sit on a chair infront of the jury box to close, andoccasionally he would fall overbackwards. Sometimes he’d have a“John Pollins Day” at the Supremeor Superior Court where, as a courtesy,the prothonotary would schedule hismyriad appeals all for the same dayso as to save him multiple trips toPittsburgh.

On more than one occasion, whiletaking a deposition in his office, hewas known to sit down at the piano he

DECEMBER 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 availableonline at www.westbar.org/html/publications.

EDITORIAL BOARDDavid J. Millstein, Esq., EditorBeth Orbison, Esq., Assistant EditorThe Hon. Daniel J. Ackerman,Dancing with the Judges Champion

Susan C. Zellner, Associate EditorDiane Krivoniak, Managing Editor

thesidebar

Remembering John W. Pollins, III

�

John Pollins

continued on page 4

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primrose had been featured on the cover of Smithsonianmagazine when it did a cover story on ornamentalironworks.

John was forever sketching ideas for his forgings—incourt, at lunch, wherever—many of which were kept bylocal waitresses entranced by their intricacies. Many of thoseideas never saw the light of day but all of them were thechildren of his fertile imagination.

John took the same approach to life that he did to law.He was interested in all of its aspects. He sculpted, he playedchess and the guitar, he taught scuba diving, skiing, andSunday School, and much more. He loved to mentor lawyers,young and old alike. Many lawyers came to him when theythought their case was a loser, and perhaps that’s where Johnmost excelled. He didn’t know the meaning of the word“lose.” Then again, if he had, there would never have beenso many “John Pollins” days at the appellate courts.

No matter what the situation, John was the kind of guywho loved to help out. You want a Damascus blade? He’d

make you one. A door knocker? Just ask. A piece ofornamental ironwork? He’d show you how to do it.That’s who he was, that’s who he loved to be.

Although it might not have been readily apparent to all,John was a humble guy. He had this gift, this wonderfulgift, to see beauty everywhere, in the law, in the arts, inmetal, music, or the mind. He could make these things fly,he could get them to soar, high and majestic, nearer to theheavens than they might ever have been on their own.That was his special gift.

His family was his gift as well and he is survived byfamily members who loved him. He leaves behind his wife,Sue, and children John W. Pollins IV and wife, Heather;daughter Suzanne MacLennan and husband, Andrew; anddaughter Christina Shackelford and husband, James; as wellas four grandchildren.

During his lifetime, he served as a member of theWestmoreland Bar Association, various trial lawyerassociations and committees, the Dead Poet’s Society,blacksmithing organizations, Touchstone, the GreensburgShakespeare Club and various charitable organizations.All were enriched by his presence, all are diminished byhis passing. For better and for worse, he was a uniqueguy. You’re not going to see another one like him fora very long time. �


Remembering John W. Pollins, III continued from page 3

Twelve Gifts continued from page 2

10. PBA MEMBERSHIP BENEFITS In the PennsylvaniaBar Association, we have an active state bar that supportsPennsylvania attorneys with educational programs andpublications, including access to the PBA’s InCite, anonline legal research tool. As a PBA member, you can joinvarious sections that provide additional information abouta specific area of law.11. THE WBA DIRECTOR AND OFFICE STAFF

If anyone knows how fortunate we are to have ourExecutive Director, Diane, I do. I am halfway through myterm and I could not do this without her. Diane is capableand efficient, and I’m sure anyone working with her willagree with me. But I must also applaud the rest of theoffice staff of Cathy, Julia, and Susan. Their patience isnever-ending and I know I can rely on them anytime. Theytake the phone calls and work tirelessly to get the job done.The Director and staff are always there to help the members.12. AND THE GREATEST GIFT OF ALL? THE

MEMBERS. Your time, talent, ideas, and the energy youshare with one another has made this association one of thefinest in the Commonwealth. Get to know each other betterby attending a committee meeting, CLE program, or dinner.

Take advantage of what the WBA has to offer you. Thesegifts will just keep on giving! �

Best holiday wishes,

Editor’s note: Elizabeth Bailey andRichard L. Jim were honored for theiryears in practice by the Allegheny CountyBar Association during a ceremony heldon November 17, 2008. Ms. Baileywas asked to deliver a speech to thegathering, where both 50- and 60-yearpractitioners were honored (see page 6).

ELIZABETH BAILEY HONOREDFOR 60 YEARS IN PRACTICE

In the midst of World War II, ayoung high school teacher walkedinto the Dean’s Office

at the Duquesne UniversitySchool of Law to inquireabout attending nightclasses. She had graduatedfrom the University ofPittsburgh, summa cumlaude, just a few yearsbefore, and in 1943,there was no such thingas an LSAT exam. Shewas welcomed andaccepted, and in 1948,after attending classes five nights eachweek, as well as continuing to teachschool every day, Elizabeth Baileygraduated from law school.

Ms. Bailey was the 76th womanto be admitted to the AlleghenyCounty Bar Association, and onNovember 17, 2008, at the DuquesneClub in downtown Pittsburgh, theACBA honored her for being 60 years

to help people with matters of vitalimportance to them, no matter howlarge or small. Her satisfaction comesfrom doing a job well done. Duringrecent years, she has been an advocatefor the elderly, often working withclients and their families to makegood decisions in the face of difficultmedical and financial issues.

When asked about retirement, Ms.Bailey usually responds that that willhappen only when she stops enjoyingwhat she does and stops having fun.Apparently, that career change in 1943was a good move.

RICHARD L. JIM HONORED FOR50 YEARS IN PRACTICE

After graduating with a degreein Industrial Engineeringfrom the University of

Pittsburgh in 1950, Richard Jimbegan work in a local steel mill inthe open hearth. In 1951, he enteredthe first class of Naval OfficerCandidate School in Newport, RhodeIsland. The day after his dischargeas a U.S. Navy Officer in September

in practice. She was oneof only two attorneys whoachieved this distinctionin 2008.

Elizabeth Bailey joinedthe practice of Attorney James C.Tallant in 1948, with an office inthe Law & Finance Building inPittsburgh. In 1978, she and Mr.Tallant relocated and were amongthe first tenants in the Town SquareProfessional Building in Murrysville.Ms. Bailey and Mr. Tallant, until hisdeath in 1994, represented generationsof Murrysville-area families, with anemphasis on estate administration andreal estate. She also handled numerousadoptions in the Pittsburgh area.

Still continuing to practice law,Elizabeth can be found in herMurrysville office every weekdayand most Saturday mornings. Herclients continue to seek her out,not only for her experience, butfor her sensitive approach to theirproblems.

Motivating Elizabeth’s continuedsuccess and her longevity is her desire


ACBAHonors WBAAttorneysfor Their Years in Practice

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

�

Elizabeth Bailey’sportrait in Pitt’s 1941yearbook.

�

Richard L. Jim and Elizabeth Bailey were honored for 50 and 60 yearsin practice, respectively, by the Allegheny County Bar Association at aceremony held at The Duquesne Club in Pittsburgh on November 17, 2008.

continued on page 6

of 1954, he started law school at theUniversity of Pittsburgh.

The law school class primarilyconsisted of veterans who weredifferent from the “just-out-of-college”types. One professor described themas the “worst class I’ve ever seen,”but uniquely the class included onewoman, one African-American andone blind student. There were forty-one graduates, out of which emergedfour judges, a Harvard law professor,a Governor, and a host of excellentattorneys.

Fifty years later, on November 17,2008, Mr. Jim was honored by theAllegheny County Bar Association in aceremony held at the Duquesne Club,recognizing his length of service in thelegal profession.

He likens his practice to that ofa family doctor and is significantlyfamiliar in all areas of the law togive his clients good advice andrepresentation. He says that hethought he was going to be anengineer with a legal background;instead he became an attorney withan engineering background.

Mr. Jim is a sole practitioner;and his daughter Aimee R. Jim, Esq.,recently opened her own practice inGreensburg as a sole practitioner.His son Bernard L. Jim, Ph.D.,is a professor at Case WesternUniversity in Ohio. Mr. Jim andhis wife Rosemary (“Posy”) LechmanJim have both lived in Latrobe alltheir lives. �


Editor’s note: The following is the speech delivered by Elizabeth Bailey to thosewho gathered to honor both 50- and 60-year practitioners on November 17.

I am 88 years old. I walk more slowly than I walked ten years ago. My vision is notas sharp as it was ten years ago, and I do not hear as well as I did then. When wedo standing poses in yoga class, the teacher says, “Elizabeth, against the wall.”

That is so I do not topple over with my feet five feet apart.In the early 1940s, I taught English and History to the eighth grade at West View

Junior Senior High School, and every evening for four years I attended DuquesneUniversity Law School in the Fitzsimmons Building on Fourth Avenue in Pittsburgh.That site is now a parking lot.My first law office was a table and chair in the library in a suite of offices on the eighth

floor of the Berger Building, also on Fourth Avenue. That site is also now a parking lot.I remember when we charged $5 to prepare a deed, when the mortgage form

consisted of four pages, when we used carbon paper instead of copy machines andtypewriters instead of word processors.I remember when the Orphans’ Court Division was a separate Orphans’ Court

and Judge Boyle was the President Judge with a courtroom on the eighth floor of theCity-County Building.I also remember when the Federal Estate tax exemption was $60,000.As the theme for my remarks, I have selected, “The right thing to do.”A few years ago, a young man, 33 years old, asked me to help him with the trouble

he was having with the Immigration Department, because the date of his birth and thespelling of his name on his marriage record did not correspond with his birth certificate.He was brought to the U.S. from Mexico when he was only 6 or 7 years old, he had

never attended school, and could not read or write. His bride had guessed at his birthdate and the spelling of his name on his marriage license application. When theOrphans’ Court Division Judge signed an order correcting his marriage record, he said,“I am not sure I have authority to do this, but it seems like the right thing to do.”I appeared only once in the Criminal Division, when a decedent, age 42, had been

sentenced to pay a fine of $5,000, plus costs. I appeared with the decedent’s mother,who was the Administratrix of his estate, with a petition to abate the fine. The DistrictAttorney opposed our petition stating that the fine was mandatory by statute and couldnot be abated. I argued then that death is a good excuse, that decedent’s minor sonshould not be punished for his father’s conduct, and that abating the fine was the rightthing to do, especially when the estate consisted primarily of the proceeds of aninsurance policy on decedent’s life. The Court agreed and abated the fine.Then there was Paul, age 65, whose education ended in the sixth grade, and who

lost one leg above his knee when he was 15 years old. Paul’s father died of Black Lungand Paul filed a claim as a dependent under the Black Lung Benefits Act. Since we knewnothing about the Black Lung Benefits Act, we suggested that Paul find other counsel.Since he could not find an attorney willing to represent him, I tried to help him. This casewas especially difficult since the Administrative Law Judge had recently denied benefitsin a case where the facts were very similar to Paul’s. When the Administrative LawJudge heard that “running water” in Paul’s house meant a small stream running acrosshis dirt basement floor, he thought awarding benefits to Paul was the right thing to do.You know what Paul said when he received the award? “My ship came in.”You know the first thing he did? He bought his first new car.Quite a few people ask why I continue to sit in my law office in the Town Square

Professional Building five to six days a week.It’s because I enjoy listening to people, and trying to help them.To all of you young men who have practiced law for fifty years, I salute you, and

hope that you enjoy your next ten years as much as I have.�

ACBAHonors WBAAttorneys continued from page 5

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Editor’s note: Maria Soohey is GeneralCounsel at Aestique Medical Centerand is a Trustee on the Board of theWestmoreland Bar Foundation.

WHAT JOBS DID YOU HAVEBEFORE BECOMING A LAWYER?

My first job was babysittingthree children under the age of six thesummer after eighth grade. The kidsactually survived. After that, I workedat a place called Superburger duringhigh school. After high school, Iworked as a secretary at Latrobe Steel.

I then worked at LatrobeHospital first as a

Librarian Aide, andthen as a MedicalTranscriptionist.While goingto college I washired as an Office

Manager by a plasticsurgeon who camefrom California to

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with the drive,parking, etc.The hearingwent reallywell, thecharges weredismissed, andI was startingto feel prettygood aboutmyself.

The student and I both parked inthe Duquesne parking garage andwalked, so we walked back to our carstogether. While the client was thankingme, I got a bit confused and instead ofpushing the parking garage elevatorbutton, I hit the emergency panel (amistake anyone could make regardlessof whether one button is small andround and the other is square, red, andhas EMERGENCY ONLY on it).

Needless to say, major alarmssounded, the client had the look of

practice in Greensburg. Little didI know at the time that my officemanager job would eventually leadto my current position as GeneralCounsel at Aestique Medical Center.

WHICH WAS YOUR FAVORITEAND WHY?

I can honestly say that I haveenjoyed some aspects of all the jobsI’ve done. I had many good times andfriends remain from even my very earlyjobs. My favorite may have been theLibrarian Aide. No one talked, andbecause it was so quiet the work waseasy to accomplish. I became very goodat finding resources.

WHAT IS THE FUNNIESTTHING THAT’S HAPPENED TOYOU AS AN ATTORNEY?

I was in front of a Pittsburghmagistrate representing a college studentwho was charged with underagedrinking. I was a little out of sync

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Spotlight on Maria Soohey

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Duke George Daniel Joseph

Representing clients inWestmoreland, Allegheny,

Armstrong, Butler, Indiana, Clarion,and surrounding counties

�Personal Injury

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New Kensington PA 15068Phone: 724.339.1023Fax: 724.339.3349

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panic. The poor guy said, “Make surewhen they come for you, you tell themthat I’m not with you. In fact, I’mgetting out of here before my ownattorney gets me arrested.”

WHAT IS THE QUALITY YOUMOST LIKE IN AN ATTORNEY?

There are two qualities I admire inattorneys and people in general. One iscommitment and the other is humility.I know some unbelievably talentedlawyers that make what they do seemeasy. Yet, they are the ones mosthumble when complimented and quickto give credit to others around them.Commitment matters and is essential inboth our personal and professional lives.It’s easy to talk the talk and anotherthing altogether to walk the walk. Iadmire those who walk the walk.

WHAT IS YOUR FAVORITEJOURNEY?

Actually, I think my favoritejourney is the one I’m on right now.I like to think I am on a spiritualjourney that challenges me to seek thehigher meaning in life, to have faith,and to live with a genuine purpose.

WHAT IS YOUR GREATESTREGRET?

Two regrets come to mind. First, Iregret not having four children insteadof two. My pregnancies were high risk,but I always wondered if I should havetaken the chance. The other regret isthat I didn’t go to law school sooner. Iknew I wanted to before I actually went.

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WHAT IS YOUR MOSTTREASURED POSSESSION?

I am not really attached tomaterial possessions, although I likenice things. I have some antiquesand Belleek china that have specialmeaning, but I most treasure mygood health and the good healthof my family.

WHAT IS IT THAT YOUMOST DISLIKE?

I really hate to be around peoplewho complain all the time and arealways in a bad mood. Most likely,we all know someone like that.

WHAT IS YOUR GREATESTEXTRAVAGANCE?

I love jewelry, expensive skin careand cosmetic products (a must!), andspa services.

WHAT TALENT WOULD YOUMOST LIKE TO HAVE?

I would love to compose musicand play the piano. I can’t do either.

WHAT DO YOU VALUE MOSTIN YOUR FRIENDS?

My friends make me laugh and arethere through the good and bad times.I value that.

WHICH LIVING PERSON DOYOU MOST ADMIRE?

My mother. She is almost 84, isstill beautiful, and can stay at the slotsin a casino longer than I can. In allseriousness, she has always been therefor me and my siblings, is a perfectgrandmother to our children and pro-vides us and them with unconditionallove. After losing her true love, my dad,over two years ago, I thought she maygive up, but instead has shown aninner strength that our entire familydraws from.

WHAT IS YOUR MOTTO?

Be yourself and be true toyourself. �

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WHO ARE YOUR HEROES INREAL LIFE?

I have the utmost respect for allmilitary service men and women, thosecurrently serving as well as all Veteranswho have sacrificed so much to protectour freedom. My dad was a WorldWar II veteran. He was a nose gunnerflying in a B-24 bomber. He flewthirty-two bombing missions in theEuropean theater, flew in the Battleof Normandy, and was only one oftwo survivors when his plane crashedover England. He was 19 when allof this occurred, and never actedas if he had done anything special.He was truly a hero and will alwaysbe mine.

WHAT ADVICE WOULD YOUGIVE TO ATTORNEYS NEW TOTHE PRACTICE OF LAW?

I would remind new lawyers thattheir future is limited only by the scopeof their dreams. My sister, Rose, gaveme that advice when I entered theprofession and I think of it often.

WHAT DO YOU CONSIDERYOUR GREATEST ACHIEVEMENT?

My husband and I have raisedtwo daughters who are beautiful bothon the inside and out.

WHAT IS YOUR IDEA OFPERFECT HAPPINESS?

Perfect happiness to me is living alifestyle that nourishes your mind,body, and spirit.

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Spotlight on Maria Soohey continued from page 7

Attorney-CoachesNeeded for Mock Trials

The Mock Trial Program is looking for attorney-coaches to assistlocal high school mock trial teams this season, especially for theKiski area. There may be other teams who will need help as well.

Anyone interested in volunteering, or who needs more information,should contact Leo Ciaramitaro at [email protected].

Thank you.

by S. Sponte, Esq.

When it comes to super-heroes, I’ve always beena dreamer. The notion

of a Superman, a larger than life,indestructible force for truth andjustice, was nirvana for a kid whoseparents’ psychological resemblance toLex Luthor was truly uncanny.

As a little boy, I used to tie akitchen towel around my neckand leap from the side porch, fullyconfident of my ability to stay aloftand land eons away. Stay aloft I did,but for distances measured less bymiles than milliseconds. That I waspersistent even then was evidencedby my increasing intimacy with thenative shrubbery.

So now you may understand myfascination when recently, whileattending a deposition at a majordowntown law firm, I happened tonotice a magazine entitled “Super

I’ve now cometo realize these“super lawyer”publications areubiquitous.They’re on displayin the receptionareas of manymajor law firms,where it seemsthat at least onesenior partnerthere is always among those listed andwhere it also always seems that all theother pages of the magazine have beenripped out.

Now don’t get me wrong, I alwaysenjoy it when colleagues are honored.It makes it ever so much easier todislike them. Yet I couldn’t help butnotice that all the lawyers listed inthese publications are big dollar seniorpartners from big city law firms. Surelythere are other really super lawyers and

Lawyers of America.” Oh, I’d seen themagazine before but I’ve never paidmuch attention to it. This timethough, having a few free moments, Iglanced through it and noticed that itcontained a profile and photo of the

very lawyer on the other side of myimmediate case. He had no cape, but,oh, be still my heart, he looked sogood in that ascot.

“Congratulations,” I said to him asI exited the restroom, “pink is reallyyour color.”


To-Wit: Look—Up in the Sky!

continued on page 10

Dennis PersinBob JohnstonJohn GreinerNancy HarrisBrian AstonRecommended by lawyers and clients across Pennsylvania since 1933

724.834.0300 • beldenlaw.com • 117 N. Main Street, Greensburg, PA 15601

Considering Mediationor Arbitration?

Please keep me in mind.UM/UIM, PI, Estate or Partnership

Disputes, Professional Liability, Custody

Bob JohnstonAppointed to Federal Court

Mediation and Arbitration Program

I always enjoy it

when colleagues

are honored. It

makes it ever so

much easier to

dislike them.

judges out there who, by virtue oftheir skill and knowledge, are entitledto that appellation as well but who,perhaps because of their backwater

locations oreconomic status,have failed togain similarrecognition.

It is ontheir behalfthat I havecompiled

my ownlist of super

lawyers, lesser knownto be sure, but equally entitled toaccolades. Like super lawyerseverywhere, they are colleagues ofsubstance, though exactly what thatsubstance is may be open to debate.TIMOTHY TIM TIMPSON—

Graduating at the bottom of his classfrom the Southwestern Tip Of TheNorthern Panhandle of West Virginia

prospective clients to both emancipatethemselves from the shackles oftheir contractual obligations andto indiscriminately eat tripe.SHIRLEY UJEST—A distinguished

jurist perhaps best remembered forher hard-line approach to recidivistjaywalkers. So fervent was she abouttraffic controls that she actually tookto cruising downtown streets in herOldsmobile, taking dead aim at perpsin the act of transgression. Spent herpost-bench career as solicitor to suchdiverse groups as Crossing GuardsUnited and Ding, The NationalAssociation of Body Shop Owners.

Now no doubt I’ve left some verynotable candidates out, and for thatI’m sorry. If you think you warrantinclusion, drop me a line. No need tosend a bio. If you practice law, hey,that’s good enough in my book. �

© 2008, S. Sponte, Esq.Can’t get enough Sponte? More articles

are online at www.funnylawyer.com.

School of Law, T-Cubed, as he wasaffectionately known, nonethelessdistinguished himself in defense ofpredatory borrowers. His legendary“Debt Before Honor” advertisingcampaign remains a benchmark forbankruptcy lawyers everywhere.SUSAN “SWEET SUE”

GALLSTONE—She catapulted herselfinto the pantheon of matrimoniallawyers by inventing bifurcation, thetechnique of obtaining a divorce decreebefore resolution of the economicissues that enabled male clients in heateverywhere to jump headlong intonew financial obligations before theywere through paying for the old ones.STIFLE AND SHUDUP—The only

partnership worthy of superlawyerrecognition, they were pioneers in thefield of creative lawyer advertising andwere each actually nominated forOscars for their respective portrayalsof Abraham Lincoln and Guy duMaupassant in which they encouraged


To-Wit: Look—Up in the Sky! continued from page 9

Of thirty-four cases slated forthe September 2008 CivilJury Trial Term, seven settled,

eleven were continued, two werestricken, judgment was entered inone, summary judgment was grantedin one, one was tried as a bindingsummary jury trial, two werescheduled for nonjury trials, onewas transferred to arbitration, fourverdicts were entered and four wereheld to the next trial term. The juryverdicts for the September trial termare summarized below.

STEVEN STOLITCAAND

MARYANN STOLITCA, HIS WIFE

V.

DARLA BAKER

NO. 8244 OF 2006

Cause of Action: Negligence—MotorVehicle Accident—Loss of Consortium

Plaintiffs instituted the withinnegligence action as a result of amotor vehicle collision that occurredon September 21, 2004. PlaintiffSteven Stolitca was operating hisautomobile in a generally northerlydirection on Slope Hill Road in Mt.Pleasant Township. At the same timeand place, Defendant Darla Baker wasoperating her vehicle in a generallysoutherly direction when she crossedthe center line and collided withPlaintiff head on. Plaintiff claimedinjuries to his cervical spine, lumbarspine, the soft tissue and permanentscarring of his left hand, shock andattendant nervous disorder, andnumbness in his leg from nervedamage. Plaintiff claimed theseinjuries resulted in wage losses andimpairment of his earning capacity.Plaintiff ’s wife claimed the loss ofconsortium of her husband.

Defendant conceded liability butargued that Plaintiff ’s soft tissueinjuries were minimal. Defendant

MARGUERITE CAVALIER, AS

EXECUTRIX OF THE ESTATE OF

JAMES F. CAVALIER, DECEASED

V.

INTEGRATED HEALTH GROUP,

L.P., D/B/A INTEGRATED HEALTH

SERVICES OF GREATER

PITTSBURGH

NO. 6327 OF 2005

Cause of Action: Wrongful Death andSurvival—Nursing Home Negligence

James Cavalier (Decedent) wasadmitted to a nursing home operatedby Integrated Heath Services (I.H.S.)on November 19, 2004, for post-surgical rehabilitation. Decedent’sadmission was to be for a short periodof time only, and he intended toreturn to his home followingrehabilitation. Decedent was treatedat I.H.S. from November 19, 2004, toDecember 15, 2004. During this timeperiod, Decedent developed a largeperirectal wound or pressure ulcer, andhis health rapidly deteriorated. OnDecember 15, 2004, Decedent wasadmitted to Westmoreland Hospital,where he was diagnosed with aperirectal wound, dehydration, andanorexia. Due to the wound andmalnutrition, Decedent was requiredto undergo surgery to perform acolostomy and to insert a feeding tube.Decedent died on January 16, 2005.

The Executrix of the Decedent’sEstate filed a wrongful death andsurvival action against I.H.S., averringthat Decedent’s injuries and deathwere caused by, inter alia, I.H.S.’snegligent failure to provide Decedentwith adequate nutrition and hydration,failure to prevent the development ofpressure ulcers, and failure to preventpressure ulcers from progressing.

At trial, the Executrix producedevidence to show that I.H.S. breachedthe standard of care and thereby

argued that Plaintiff ’s alleged injurieswere the result of independent,intervening, or superseding causes overwhich the Defendant had no control.

Plaintiffs’ Counsel: Richard H.Galloway, QuatriniRaffertyGalloway,Gbg.

Defendant’s Counsel: Maria SpinaAltobelli, Mears, Smith, Houser &Boyle, P.C., Gbg.

Trial Judge: The Hon. Gary P.Caruso

Result: Verdict in favor of Plaintiffin the amount of $90,000 ($85,000 toPlaintiff and $5,000 to Plaintiff ’s wifefor loss of consortium).


September 2008 Civil Trial Term

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

continued on page 12

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caused Decedent to develop andultimately die from pressure ulcers,malnutrition, and dehydration. I.H.S.presented evidence to show thatDecedent did not develop a pressureulcer, but rather suffered from anabscess that could not have beenprevented by its staff. I.H.S. offeredexpert testimony to prove that itacted within the standard of careand that Decedent’s death was notthe result of the care it receivedat its facility.

Plaintiff ’s Counsel: Robert F. Daleyand Chad P. Shannon, Robert Pierce& Associates, P.C., Pgh.

Defendant’s Counsel: Ronald M.Puntil, Jr., and Michele V. Primis,Marshall, Dennehey, Warner, Coleman& Goggin, Pgh.

Trial Judge: The Hon. William J.Ober

Result: Verdict in favor ofDefendant.

as Plaintiff ’s treating physician. Ofinterest, the Plaintiff had some priorphysical problems that were discussedduring the doctor’s deposition, but thedoctor concluded that those priorproblems were not related to theaccident. The Defendant had retaineda doctor, but chose not to call him.The trial judge granted Plaintiff ’smotion in limine to exclude allreferences to a prior medical conditionof Plaintiff from the doctor’s videodeposition. Notwithstanding theexclusion of this testimony, the juryfound that there was no causation anddid not reach the issue of damages.

Plaintiff ’s Counsel: Rolf LouisPatberg, Patberg, Carmody & Ging,Pgh.

Defendant’s Counsel: Laura R.Signorelli, Law Offices of TwandaTurner-Hawkins, Pgh.

Trial Judge: The Hon. Daniel J.Ackerman

MARK GIACCHINO

V.

BRIAN WILLIAMS

NO. 687 OF 2007

Cause of Action: Negligence—MotorVehicle Accident—Arbitration Appeal

On March 23, 2006, at approxi-mately 6:00 p.m., the Plaintiff wastraveling eastbound on Route 130 inIrwin Borough. Plaintiff was stoppedat an intersection when he was struckfrom the rear by Defendant’s vehicle.Plaintiff claimed various soft tissueinjuries as a result of the collision.

The Defendant concedednegligence. Plaintiff was awarded$20,000 at arbitration, and Defendantappealed from the award. At trial, thesole issues were whether the injuriesclaimed by the Plaintiff were caused bythe accident and, if so, the amount ofdamages to be awarded.

Three witnesses testified at trial.Each of the parties testified, as well


Jury Trial Verdicts continued from page 11

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Result: Molded verdict in favorof Defendant. The jury found thatthe Defendant’s negligence was not afactual cause in bringing about harmto the Plaintiff.

CHARLOTTE MAY

V.

HEIDI VANDERHILL

NO. 5085 OF 2005

Cause of Action: Negligence—MotorVehicle Accident—Arbitration Appeal

The Defendant, Heidi Vanderhill,appealed a $7,068 arbitration awardin favor of Plaintiff, Charlotte May,arising out of a motor vehicle collisionthat occurred on August 13, 2003,on Harvey Avenue in Greensburg.Plaintiff was stopped on HarveyAvenue, waiting for traffic to clearbefore making a left turn into adoctor’s parking lot, when she wasrear-ended by Defendant’s vehicle.Plaintiff claimed exacerbation of aleft ankle sprain, and injuries to herlumbar, thoracic, and cervical spine,which caused her to suffer pain,persistent headaches, parasthesias inthe left arm, wrist, and hand, as well asbilateral shoulder pain. Plaintiff arguedthat these injuries were serious impair-ments of the function of her head,neck, and spine, and caused extensiveloss of earnings and earning capacity.In addition to wage losses, Plaintiffsought to recover unreimbursedmedical expenses.

Defendant characterized thecollision as a minor motor vehicleaccident. Defendant argued that anindependent medical examinationrevealed that Plaintiff ’s soft tissueinjuries were not severe. Defendantfurther asserted that the injuriesclaimed by Plaintiff were notcausally connected to the accident.

Plaintiff ’s Counsel: Melissa A.Guiddy, King & Guiddy, Gbg.

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

Trial Judge: The Hon. Gary P.Caruso

Result: Molded verdict in favor ofDefendant. �


The Courthouse centennialwas a focal point at theninth annual Arthur St. Clair

Historic Preservation Awards Dinnerheld October 1 at the GreensburgCountry Club, an event sponsored bythe Westmoreland County HistoricalSociety.

The Arthur St. Clair awardsrecognize “significant and substantialcontributions to the preservationof our historic places, documents,records or stories, [which keep] aliveWestmoreland County’s rich historyand heritage for future generations.”

Among the 2008 recipients wereJudge Daniel J. Ackerman, Dr. SusanSommers, Dr. Michael Cary, and Dr.Timothy Kelly, who received awardsfor their work on the centennial. Dr.Sommers is the chair of the historydepartment at St. Vincent College.Drs. Kelly and Cary are historyprofessors, Kelly at St. Vincent, andCary at Seton Hill University. Thelatter two co-edited “This AmericanCourthouse” as part of the centennialcommittee’s efforts, which also

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 &

all western PA counties

231 S.Main St., Ste. 205 724-837-0160Greensburg, PA 15601 [email protected]

Cindy Stine, Esq.

included a September 2007 galaand a January 2008 open house.

Judge Ackerman credited themembers of the WBA, judges, andcourthouse employees for theirrole in the centennial celebration.The centennial committee over theseveral years of its existence had a richmix of members,which includedarchitects, writers,an antique expert,a lawyer whois a masterfulphotographer,and a collegestudent. The legalcommunity waswell representedon the committeeby Judge JosephHudock, JudgeWilliam J. Ober,John Scales, P. Louis DeRose,Mark Sorice, James Antoniono,H. Nevin Wollam, WBA ExecutiveDirector Diane Krivoniak, and CourtAdministrator Paul Kuntz. �

Courthouse CentennialFeted at Awards Dinner

Actions ofthe BoardSEPTEMBER 15, 2008• Approved Membership Committee

recommendations as follows: DonaldRega, David DiCarlo, and BradleyOphaug, associate.

• Voted to extend line of credit withS&T Bank for an additional year.

• Appointed following WBA membersto Nominating Committee: JohnGreiner, DeAnn McCoy, Karen Kiefer,Annaliese Masser, Jack Bergstein,Scott Mears Jr., Jim Antoniono.

• Approved 2009 Bench/BarConference contract with SevenSprings per Mr. Greiner’s reviewand recommendation.

• Voted to authorize payment forwebsite developers to complete theLRS portion of the site.

• Young Lawyers reported they havescheduled a lunch and learn forNovember in conjunction with theCivil Litigation Committee.

• Reviewed Bylaws Committee reportsubmitted by Chair Tim Geary; agreed

Committee with representation fromthe WBA board.

• Agreed to table any further talk aboute-filing.

• Agreed to use existing WBAevents—Fall Gathering and HolidayDinner Dance—as the venue forrecognizing retiring judges.

WBABOARD MEETING• Approved Membership Committee

recommendations as follows:Irv Freeman and Joshua Hall,participating.

• Agreed to include a flyer with the2009 dues billing outlining thebenefits of membership in the WBA.

• Directed Mr. Whelton to detail thescope of work left for the websiteproject with associated costs and topresent to board for approval.

• Received a check from theCentennial Courthouse committeeto fund a future chamber bash.

• Received grant from PennsylvaniaBar Insurance Fund for new lightingin CLE room; grant was used tooffset the costs for replacing theballasts and lights in the buildingwith energy-efficient lighting.

to set goal of April Annual Meetingfor presentation to members.

• Voted to accept the Internet/E-mailpolicy as submitted.

OCTOBER 21, 2008The annual joint meeting with the benchwas held to discuss issues of concernfor attorneys and judges:

JOINT MEETING WITH THE BENCH• Agreed to investigate the publication

of civil trial lists in the WestmorelandLaw Journal with the understandingthat the local rules would continue tobe the responsibility of the WBA.

• Agreed to approach the countycommissioners about allowing thepublic to have entrance into thecourthouse at 8:15 a.m. JudgeMarsili will chair the Access


LawSpeak

“No brilliance is required inlaw, just common sense andrelatively clean fingernails”

— John Mortimer

wba news

• Learned that ACBA Services will be vacating the first floorof WBA headquarters at the end of the lease term inDecember.

• Heard Young Lawyers report:1. Christmas Party will be December 17 or 18; location to

be determined.2. Michael Quatrini is the new Service Chair.3. The YLs are investigating the possibility of hosting a

service project similar to ACBA’s “18, the Law and You”where volunteer attorneys visit schools to talk with highschool seniors about their rights and responsibilitieswhen turning 18.

4. October 29 is lunch and learn with recorder of deeds.5. November 17 is lunch and learn with civil litigation

topic.6. Blog has been activated and should be uploaded to the

website.• Agreed to continue with WBA annual contribution of

$2,500 to the PBA PAC.• Reviewed the following policies submitted by Treasurer

DeDiana and agreed to take action on these policies atNovember board meeting.1. WBA Monthly Financial Statement Policy2. WBA Credit Card Usage Policy3. WBA Check Signing Policy4. WBA Cancelled Check Review Policy �

Disciplinary BoardOffers E-Newsletter

Do you know about the new rules governing thehandling of client funds by lawyers? Are youaware of the latest ethics opinion on the subject

of outsourcing legal or nonlegal support services? Do youthink that you can anonymously browse an opponent’s orwitness’s web site for useful information?

You could have given a thorough response to each ofthese questions if you were a subscriber to the DisciplinaryBoard’s Attorney E-Newsletter.

The Disciplinary Board of the Supreme Court ofPennsylvania regularly publishes an e-newsletter, whichcontains articles focusing on changes in the Rules ofProfessional Conduct, activities of the Disciplinary Board,and ethics education. It also offers advice from members ofthe staff of the Disciplinary Board.

To view the newsletter, go to www.padisciplinaryboard.org/newsletters/index.php. To subscribe, send an e-mail [email protected]. �


APPALACHIAN TRAIL

“Every year or two, my sons, Tim and Brendan,and I take a backpacking trip. In early October ofthis year, we spent a week in Vermont hiking onthe Appalachian Trail. In the photo, Brendan and Iare in the Goddard shelter, which is a three-sidedAdirondack shelter near the summit of GlastenburyMountain, trying to stay warm after a long day ofintermittent rain, sleet, and snow. Fortunately, therest of the week was sunny, warm, and full ofincredible fall foliage.”

— Tim Geary

where in the worldIS THE WBA MEMBER?

19 A CLE Event: “Labor Relations,”Noon to 1:15 p.m.

After-Work Holiday Partysponsored by the Young Lawyersof the WBA, 4 to 7 p.m., Perry’sPub, Greensburg

25 Courthouse closed in observanceof Christmas

JANUARY 2009

1 Courthouse closed in observanceof New Year’s Day

15 Elder Law and Orphans’ CourtCommittees, Noon

19 Courthouse closed in observanceof Martin Luther King, Jr., Day

22 WBA Quarterly Meeting

Dr. Paul David Nussbaum,Clinical Neuropsychologist, willspeak on how to maintain healthybrain functioning. Mark yourcalendars for this free event.

DECEMBER 2008

10 Bankruptcy Committee, Noon

Membership Committee, Noon

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

13 Holiday Dinner Dance, LatrobeCountry Club, 6 p.m. to 12 a.m.

Join us at the annual HolidayDinner Dance as we recognize thedistinguished career of The Hon.Joseph A. Hudock, who is retiringfrom the bench of the SuperiorCourt of Pennsylvania.

16 Family Law Committee HolidayLuncheon, Noon, Perry’s Pub,Greensburg

18 A CLE Event: “VideoCompliance,” 9 a.m. to 4:15 p.m.

“Dinner with Santa,” sponsoredby the Young Lawyers of theWBA, 5:30 to 7 p.m.


Westmoreland Bar Association129 North Pennsylvania AvenueGreensburg, PA 15601-2311

PRESORTEDSTANDARD

U.S. POSTAGE

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

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

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

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