Recent bankruptcy case illustrates importance of fiduciary … · assistance,” Klein said. Griffin, a member of the host committee, is pleased to announce that Pennsylvania Supreme

Allegheny County Bar Association

400 Koppers Building, 436 Seventh Avenue

Pittsburgh, PA 15219-1818

Address Se

rvice Re

quested

Non

-Pro

fit O

rg.

U.S

. Pos

tage

PAID

Pitt

sbur

gh, P

APe

rmit

#13

0

Vol. 19 No. 9 April 28, 2017The Journal of the Allegheny County Bar Association

‘Creating theCracker’ todiscuss legalaspects of newShell plantBy Brian Knavish

When you hear someone refer to“The Cracker” in Western Pennsylvaniathese days, chances are good they’renot talking about Nabisco.

The Royal Dutch Shell EthyleneCracker Plant – commonly referred tosimply as “The Cracker” – is currentlyunder development in Potter Townshipin Beaver County.

The Cracker is touted by many asone of the largest developments in therecent history of the region. ACBAmembers are invited to learn moreabout some of the legal aspects of theproject when the Environment andEnergy Law Section and ShorebridgeWealth Management present “Creatingthe Cracker” on Wednesday, May 17,at the JLL Center in downtownPittsburgh beginning at 5 p.m. Thecost is $25 per person, and proceedsbenefit the section’s scholarship fund.

The event will feature presentationson several key aspects of the project.Specific topics will include theenvironmental dynamics of theplant, the real estate aspects of themassive project and the govern-mental and lobbying efforts thatmade it a reality.

A networking reception includinghors d’oeuvres and refreshments willbe held on JLL’s patio overlookingMarket Square immediately followingthe presentation. During this portion

PHOTO BY ERIKA SCHNEIDER

Attorney and author Linda Hirshman signs copies of her book “Sisters in Law” after describing the differentpaths Supreme Court Justices Sandra Day O’Connor and Ruth Bader Ginsburg took to reach the nation’s highestcourt during the April 5 WLD Spring Luncheon. More photos on page 9.

Recent bankruptcy case illustratesimportance of fiduciary obligationsBy Tracy Carbasho

A recent case in which two trustfunds were drained from more than $1.1million to $29 illustrates that individualsobligated to oversee trust accountscannot squander the funds and thentry to compensate for their unscrupulousactions by filing for bankruptcy.

“Acting in a reckless or high-riskmanner could lead to a claim that isnondischargeable in a bankruptcysetting,” said Kirk Burkley, co-managing partner at Bernstein-Burkley in Pittsburgh.

Burkley’s firm represented threesiblings whose brother was designatedas the trustee of two living trusts, onefor each of their parents. Prior toretaining Bernstein-Burkley, the siblingsfiled a lawsuit against their brother inan Ohio state court, alleging he hadbreached his fiduciary duty inadministering the family trusts.

Before the Ohio case could be fullyadjudicated, the trustee filed a

Chapter 7 bankruptcy case in Massa-chusetts, where he resides. Bernstein-Burkley filed a complaint against thetrustee/debtor, objecting to the dischargeof debts and losses associated withthe trusts.

Evidence during the trial showed thedebtor improperly dissipated funds bymaking risky investments that resultedin massive financial losses, using$107,500 to pay for a Mexican timeshare and removing $38,000 anddepositing it into a separate nontrustaccount. The debtor’s investmentssustained losses exceeding $535,000in just one month in 2009. By the timethe case went to trial, the value of thetrusts was $29.21 and the debtor listeddebts of more than $1.1 million.

While the debtor asserted that thetrusts gave him broad authority todetermine how the assets could beinvested and that he did not act withintent to harm the trusts or the benefi-ciaries, the court ruled the debts couldnot be discharged through bankruptcy.

Art Zamosky, a senior associate atBernstein-Burkley, said the probatecode specifies that a trustee has “aduty to invest and manage assets as aprudent investor would – consideringthe purposes, terms, distributionrequirements and other circumstancesof the trust. Investment decisions andactions are to be judged in terms ofthe fiduciary’s reasonable businessjudgment regarding the anticipatedeffect on the investment portfolio as awhole under the facts and circumstancesprevailing at the time of the decisionor action.”

Adhering to fiduciaryresponsibilities

Zamosky offers advice for anyoneserving in this fiduciary capacity, whetherit be an attorney or other individual.

“As to individuals handling trustfunds, the standards differ from trust

Continued on page 5

Continued on page 6

WLD Spring Luncheon

From information on the various programs and speakers to registrationoptions and a detailed schedule, ACBABenchBar.com has it all.

Check out www.ACBABenchBar.com today.

Page 2 / April 28, 2017

l a w y e r sJ o u r n a l

Open HouseThurs., May 25, 20175:30 - 6:30 p.m.

• Part-Time Evening Classes• Full-Time Summer Intensive• Associate’s Degree Accepted• Downtown Convenience• Approved by the American

Bar Association

School of Law

Paralegal Institute

[email protected]/paralegal

Paralegals may not provide legal services directly to the public except as permitted by law.

Gender Bias Duty OfficersIf you (attorneys or law students) haveobserved or experienced any form of genderbias in your role as an attorney or lawstudent intern, you may contact any one ofthe following members of the Gender BiasSubcommittee of the Women in the LawDivision on a daily basis. The duty officerswill keep your report confidential and willdiscuss with you actions available throughthe subcommittee.

Kimberly Brown......................412-394-7995

Rhoda Neft.............................. 412-406-5434

Jill M. Weimer........................ 412-201-7632

Ethics HotlineThe ACBA Professional Ethics Committee“Ethics Hotline” makes available CommitteeMembers to answer ethical questions bytelephone on a daily basis.

AprilRobert A. Cohen .................... 724-693-9696

Andrea Geraghty ....................412-456-2822

Stanley W. Greenfield ............ 412-261-4466

MayDan Fitzsimmons.................... 412-350-4407

Michael M. Lyons....................412-392-2070

Paul A. Supowitz......................412-624-2901

The Lawyers Journal is published

fortnightly by the

Allegheny County Bar Association

400 Koppers Building

436 Seventh Avenue

Pittsburgh, PA 15219-1818

www.acba.org

Editor: 412-402-6682/[email protected]

Advertising: 412-402-6686/[email protected]

Address Changes: 412-402-6612

Fax: 412-261-6438

Circulation 5,862

© Allegheny County Bar Association 2017

Editor-in-Chief: Erin Lucas Hamilton, Esq.

Editor: Brian Estadt

Supervising Editor: David A. Blaner

Consulting Editor: Jennifer A. Pulice, Esq.

Advertising Coordinator: Peggy Lewis

Graphic Artist: Jessica Wysocki Valesky

Editor/Graphic Artist: Mark Higgs

Proofreader/Opinions: Sharon Antill

n The LJ editorial policy can be found

online at www.acba.org.

n Information published in the LJ may

not be republished, resold, recorded, or

used in any manner, in whole or in part,

without the permission of the publishers.

Annual golf tournament setfor July 17 at NevillewoodBy Erin Rhodes

This year marks the 25th anniversaryof the bar association’s annual golftournament, which has been raisingfunds for the Allegheny County BarFoundation and Neighborhood LegalServices Association since 1993. Thisyear’s outing will be held on Monday,July 17, at The Club at Nevillewoodand will include 18 holes of golf and abocce competition.

The Golf Tournament Committeehas chosen Nevillewood as the venuethree times before – in 2002, 2010 and2012. Part of Nevillewood’s appeal isits course, which was designed byJack Nicklaus and is well-known forbeing friendly to all skill levels. Inaddition, Nevillewood boasts anupdated clubhouse with plenty ofmodern amenities.

In addition to golf and bocce, theday’s activities will include lunch,on-course beverages and snacks,cocktails and dinner. There also willbe skill competitions, prizes and asilent auction. The ACBF will onceagain hold a raffle in conjunction withthe tournament for a chance to win a

golf getaway for two to Pebble Beach.For raffle tickets, contact Jessica Pfauthat 412-402-6681 or [email protected].

The cost for ACBA members is$285 for golf and $95 for bocce, perplayer. Nonmembers pay $10 more. To

register, mail payment, payable toACBF, to: ACBF, 400 Koppers Building,436 Seventh Avenue, Pittsburgh, PA15219, or see acbf.org. For tournamentdetails, contact Erin Rhodes at 412-402-6641 or [email protected]. n

THE FULL TEXT AND/OR HEADNOTES FOR THE CASES BELOW APPEAR INTHE ONLINE, SEARCHABLE PLJ OPINIONS LOCATED AT WWW.ACBA.ORG.

Commonwealth of Pennsylvania v. Roman Valdimir Bazhutin, McDaniel, J. ..........................................................................................Page 113Criminal Appeal—Sufficiency—Simple Assault—Prior Bad Acts

In domestic assault case, court did not abuse its discretion in admitting testimony about prior domestic incident.

Commonwealth of Pennsylvania v. Christopher Thomas, Rangos, J. ........................................................................................................Page 115Criminal Appeal—VUFA—Weight of the Evidence—Sentencing (Discretionary Aspects)—Consideration of Crimes for which Defendant was Not Convicted—Standard Range

Court affirms that it found the defendant’s gun was loaded; thus, the offense gravity score was correct.

Commonwealth of Pennsylvania v. Aaron Harris, Rangos, J. .....................................................................................................................Page 117Criminal Appeal—POSS/PWID—Sufficiency—Weight of the Evidence—Personal Use—No Use Paraphernalia

Officer’s testimony supports finding that defendant did not use crack cocaine; thus, he possessed with the intent to deliver.

Commonwealth of Pennsylvania v. Terrence Ross, Rangos, J. ..................................................................................................................Page 118Criminal Appeal—Guilty Plea—PCRA—Ineffective Assistance of Counsel—Defective Plea Colloquy

Defendant’s statements made during the plea colloquy establish that plea was knowing, intelligent, and voluntary.

Commonwealth of Pennsylvania v. Marcus Upshaw, Rangos, J. ................................................................................................................Page 119Criminal Appeal—Homicide—After Discovered Evidence—Unlawful Restraint—Recanting Witness

Purported recantation testimony is identical to testimony previously given prior to trial and is not after discovered evidence.

April 28, 2017 / Page 3

412-281-2200 www.gislaw.com 310 Grant St., Ste. 700, Grant Bldg., Pgh., PA 15219

Gismondi& associates

Quality…Experience…Results… It’s what your clients deserve.

Auto Accidents Personal Injury

components of the legal communitywith the goal of improving the deliveryof legal services to the poor and low-income individuals in need of legalassistance,” Klein said.

Griffin, a member of the hostcommittee, is pleased to announce thatPennsylvania Supreme Court JusticeDebra Todd will open the conferencewith welcoming remarks. ACBAPresident Melaine Shannon Rothey andPennsylvania Bar Association PresidentSara Austin will speak, as well.

As someone who has attended theconference each year since 2007,Griffin understands why the event isso worthwhile.

“It has always been a valuableexperience,” she said. “What I likemost is being able to share ideas withpeople from all over the country whodo what I do. We all share similargoals and challenges, and what welearn from each other is extremelyvaluable and helps us improveour services.”

Griffin said attending the conferencecould benefit many professionals –including legal aid providers, judgesand court staff – lawyers working atfirms and corporations, as well as lawstudents and law school personnel.

Law schools have distributed infor-mation about the conference and areencouraging attendance by their students,especially those who have expressed acommitment to social justice.

Rochelle McCain, director of publicinterest and government relations atthe University of Pittsburgh School ofLaw, is excited that the conferencewill provide students with an invaluableopportunity to learn from – andengage with – subject-matter expertsin their practice areas of interestthrough workshops and networkingpossibilities. She also said she expectsthe conference to enlighten studentsregarding the current landscape andissues related to the delivery oflegal services to under-representedpopulations and inspire them topursue or reinforce their career aspi-rations with a focus toward service.

“I am hoping to learn about theemerging social justice issues andchallenges, as well as the creativeways in which providers and theirpartners are addressing these needs,”McCain said. “Of particular interestare the workshops that focus oncollaborative approaches and thosethat focus on leveraging technologyand innovative strategies.”

McCain will be among the localprofessionals presenting the “Plumbingfor Pro Bono: Creating and Maintainingthe Pipeline from Law School” work-shop. Joining her in the panel discussionabout how law schools and pro bonoprograms can motivate the nextgeneration of lawyers to do pro bonowork will be Tracey McCants Lewis,assistant professor of clinical educationat Duquesne University; and StefanDann, an attorney at Reed Smith.

City to host ABA pro bono conference next weekBy Tracy Carbasho

The national Equal JusticeConference will be held in Pittsburghfor the first time ever May 4-6,and legal professionals who practicein the host city will have a specialopportunity to network with topplayers in the civil justice system andlearn about the latest developmentsin delivering legal services to low-income individuals.

“It is a great chance for our locallegal community to learn about projectsfrom across the country and alsoshowcase our own,” said BarbaraGriffin, director of the AlleghenyCounty Bar Foundation Pro BonoCenter. “I hope to learn about otherinnovative programs that I mightreplicate here in Pittsburgh.”

The conference is jointly sponsoredby the American Bar AssociationStanding Committee on Pro Bono andPublic Service and the National LegalAid and Defender Association. Thisyear’s experience at the David L.Lawrence Convention Center willfeature more than 85 workshops withCLE-accredited programming,multiple networking activities, andinspiring keynote speakers, includingABA President Linda Klein andNicole Austin-Hillery, the firstdirector and counsel of the BrennanCenter in Washington, D.C.

“The conference provides criticaland timely information to diverse

Continued on page 6

Page 4 / April 28, 2017

Resolution.

Employment Commercial/BusinessProfessional LiabilityEnergy

412.916.4874 carolekatz.com

Carole

Alternative Dispute Resolution

MediationArbitrationCase Evaluation

Carole Katz helps businesses and people resolve conflicts in less time, through processes that give parties and their lawyers more control over the outcome.

Approved Panels & Rosters: – US District Court for the Western District of PA, Mediator, Early Neutral Evaluator, Arbitrator – AAA Mediator & Arbitrator – FINRA Mediator & Arbitrator Seasoned Former Executive of Fortune 500 Company Over 25 Years as Trial Lawyer and Legal Counselor Academy of Trial Lawyers, Allegheny County

Conflictto

From

www.apogeepgh.com

A BETTER KIND OF IT MANAGEMENT FOR LAW FIRMS

412.928.8670

SERVING 90+ LAW FIRMS

CLIENT RETENTION

FOR THE BUSINESS THAT WANTS A PARTNER

THAT’S THE APOGEE ADVANTAGE�

97%

PHOTOS BY ERIKA SCHNEIDER

Alayna Bartko and Sarah Norcott – both law students at the University ofPittsburgh – grabbed a classic movie snack during the April 6 screening of“My Cousin Vinny” at Row House Cinemas in Lawrenceville. The movienight was organized by the Young Lawyers Division and the Arts and theLaw Committee.

YLD Night at the Movies

Attorney Lance Woods brought his wife, Camille, to see the classiclegal comedy featuring Joe Pesci and Marisa Tomei. Last month wasthe film’s 25th anniversary, and although many attorneys cite it asamong their favorite, Camille said she hadn’t seen the movie before.

After a short introduction from Nicole Daller, co-chair of the YLDMember Services Committee, and Elena Nola, chair of the Arts andthe Law Committee, the lights dimmed and Row House Cinema’sopening sequence announced the start of the movie.

April 28, 2017 / Page 5

of the event, the section will presentscholarship checks to this year’s winners.

“Each year, our section organizesfundraising projects to support ourscholarship fund,” said Zahava Bennett,chair of the Environment and EnergyLaw Section. “When we were consideringwhat to do this year, we said, ‘Here wehave one of the biggest developmentsto come to our region in decades, andit’s a cracker plant, something thatimpacts environment and energy lawand the work of our section members.Given the massive scope of the project,it’s also something that attorneys invarious practice areas, as well aspeople from the community at large,are very interested in.’ We thoughtthis topic was the perfect fit.”

After years of discussions andrumors about the possibility of thecracker plant coming to the formersite of Horsehead Corp.’s zinc smeltingplant, Shell made it official in June2016 when the company announcedits plans to build the multi-billiondollar plant.

What is a cracker plant exactly? It’sa plant that breaks raw oil and gas intosmaller molecules, creating ethylene.This is then used in the manufacturingof plastics.

Site preparations are currentlyunderway, and construction is expectedto begin this year. The plant is expectedto be operational sometime after 2020.

Whether you’re measuring it by thephysical size of the space, the cost ofthe project or the economic impactexpected throughout the region, theproject is gigantic. The site is morethan 1,400 acres – that’s some 38 timesthe size of Point State Park. Therealready has been a boom in hotel

construction in Beaver County as aresult of the announcement, andstalled road-construction projects asfar away as West Virginia have beenreignited as a result.

“As the largest facility of its kind inNorth America, and the largest single‘from-the-ground-up’ industrialinvestment in the Pittsburgh region ina generation, the Shell project willcreate 6,000 full-time construction jobsat peak and 600 full-time permanentpositions when complete,” Gov. TomWolf said in a news release. “Thisproject is the result of many years ofconsistent and well-coordinated,statewide collaboration and demon-strates that Pennsylvania is ready towork with businesses to create jobsand achieve shared prosperity.”

In the same release, Dennis Davin,Pennsylvania’s Secretary of Community

and Economic Development, said“Shell is setting the stage for futuregrowth that will stimulate the economynot only in the Western Pennsylvaniaregion, but across the commonwealththrough downstream economicopportunities and job creation.”

At “Creating the Cracker,” DanAdamski, managing director ofJLL’s Tenant Representation Groupwill discuss the real estate aspectsof the project. Dennis Yablonsky,CEO of the Allegheny Conferenceon Community Development, willdiscuss the governmental and lobbying aspects. The environmentalimpact of the project also will bediscussed. ACBA member JimMeade of First Energy will serve asthe emcee.

To register or for more details,see ACBA.org. n

WHY LAWYERS REFER TO US

The LIMITED TORT LAW FIRM

Full Referral Fees Paid Out.

ALL Future Business From Referral Source Returned to You.

BNY Mellon Building500 Grant Street, Suite #29-123

Pittsburgh, PA 15219

877-GO-SIMON 412-360-7257 www.GoSimon.com [email protected]

CREATING THE CRACKERcontinued from front cover

The massive Shell Cracker Plant site in Beaver County sprawls acrossmore than 1,400 acres. That’s larger than 17 Kennywood parks – and17 Kennywood parking lots.

TAXATION SECTIONA Chronological Analysis

of Circular 230Do you practice before the IRS? If youdo, then you are familiar with Circular230, Regulations Governing Practicebefore the Internal Revenue Service.But how did the Civil War aftermath

lead to Circular 230 before there was anincome tax? Historically changing ethical

considerations led to changes in Circular 230 statutory authorization language as well as changes in the interpretation of its regulatory

language over the past 130 years. ThisCLE will recap the evolution of Circular230 from the Civil War aftermath

through the adoption of the Federalincome tax, 16th Amendment and upto current usage of Circular 230 rules.Future changes will also be discussed.

*Lunch will be served.

Credits: 1 hour of Substantive CLE credit •When: Friday, May 5 • Registration:11:30 a.m. • Time: Noon - 1 p.m. •Where:Rivers Club, One Oxford Centre, 301Grant St., Pittsburgh, PA 15219 • Cost:$30 for Taxation Section members, $50for ACBA members, $75 for all others •Last date to pre-register: Wednesday,May 3, 11:59 p.m.

To register or for more information, see:www.acba.org/CLE-Events/Events-and-Programs.

Page 6 / April 28, 2017

Exclusively�endorsed�for�IT�solutions�by�theAllegheny�County�Bar�Association�(ACBA).

Serving�over�100+�law�firms�in�the�Pittsburghand�surrounding�area.

www.plummerslade.com 412-261-5600

428�Forbes�Avenue,�Suite�2450�,�Pittsburgh,�PA��15219

“Your�single�source�for�IT�solutions”

Buck Lewis, chair of the ABAStanding Committee on Pro Bono andPublic Service, said sessions will beheld on pro bono issues, technology,partnerships, resource development,hotlines, self-represented litigants,program management and diversity.

Lewis said Pittsburgh is an ideallocation for such a first-rate event.

“Pittsburgh offers an outstanding down-town location for conference attendeesin an active part of town,” he said, notingthat conference programming is enhancedby the local and state bar associationsand public-interest legal communities.

Event sponsors include the ACBA,Jones Day, the Duquesne University

EQUAL JUSTICE CONFERENCEcontinued from page 3

to trust and state to state, but generallytry to maintain conservative investments,keep meticulous records and alwayskeep the beneficiaries informed of thestatus of the trust funds on a regularbasis,” he said.

John Shaffer and Raymond Vogliano –who serve as chair and chair-elect,respectively, of the ACBA Probate andTrust Law Section – say trustees shouldabide by the following obligations:

• Hold and safeguard the assets ofthe trust;

• Invest and manage trust assets;• Carry out the terms of the trust

agreement;• Keep a complete record of all

trust transactions;• Report to beneficiaries of the

trust; and• File tax returns and pay taxes

owed by the trust.

“The taxation of trusts can becomplicated,” said Shaffer, presidentof Aligned Partners Trust Co. “Ifthe trustee is not well acquaintedwith tax matters, the trustee shouldseek assistance from a qualified taxprofessional.”

Vogliano – a member of EckertSeamans Cherin & Mellott, LLC – saida significant area of risk fortrustees, including attorneys, is notunderstanding the requirements ofthe Uniform Prudent Investor Act, arule that stresses the implementationof diversified portfolios with assetallocations appropriate for the circumstances of each trust.

“If a trustee is unaware of therequirements of the rule and trustinvestments underperform, thetrustee could face liability for theunderperformance, which could be significant over time,” Vogliano said.

Selecting a trustee

Ideally, many individuals choose atrusted family member to serve as thetrustee. The next best choice, accordingto Shaffer, is a trusted professional,such as an attorney, an investmentadviser or a tax preparer.

“If the sibling or attorney is namedas the trustee, he or she will haveaccess to the trust assets. Other thanthe ability to trust that individualgoing forward, there is no other safe-guard on the trust assets,” Shaffersaid. “Knowing this, trustworthinessis obviously one of the most importantqualities for an individual trustee. Inaddition, the trustee should have ageneral understanding of investments,the applicable prudent investor rule,the importance of following the termsof the trust, the tax treatment for thetrust and the temperament andjudgment to deal with beneficiaries.”

Vogliano said one way to mitigateagainst the misappropriation of trustassets by an individual trustee is toname more than one trustee.

“Additionally, a provision could beincluded in the trust to require thetrustee to periodically report to thebeneficiaries,” Vogliano said. “This isno guarantee, but, hopefully, it wouldprovide a deterrent and the possibilityto discover inappropriate acts early tocut off further losses.”

Jeanne Lofgren, chair of the ACBABankruptcy and Commercial LawSection, said the more sophisticatedthe trustee is, the more likely a bank-ruptcy court will find the requisitelevel of wrongdoing to hold that abreach of fiduciary duty results in anon-dischargeable debt. She said thisis especially true for professionalsacting in a fiduciary capacity.

Court findings

Lofgren, counsel with StonecipherLaw Firm, explained that a finding bythe courts of the Commonwealth thatan individual has breached a fiduciaryduty does not mean the debt will benon-dischargeable in a bankruptcycourt. In 2013, the U.S. Supreme Courtruled that a nondischargeable debt fordefalcation while acting in a fiduciaryduty requires an intentional wrongdoingby the debtor, which includes conductthat is known to be improper or conductwhere the fiduciary turns a blind eye toa “substantial and unjustifiable risk” thathis conduct will violate a fiduciary duty.

The Bullock v. BankChampaign, N.A.case resolved a split in the CircuitCourt of Appeals where some appellatejudges ruled that innocent acts causingan inability to account for funds undera fiduciary’s control were sufficient torender a debt nondischargeable.

“In Bullock, the U.S. Supreme Courtacknowledged that its requirement forintentional misconduct most likely willhelp nonprofessional trustees, perhapsadministering small family trusts,”Lofgren said. “The statement makes sensebecause the more sophisticated thefiduciary, the more likely he or she willbe found to either have known or haveconsciously disregarded that his or herconduct breached a fiduciary duty.”

She said these concepts are consistentwith a 2015 opinion written by ChiefJudge Jeffery Deller of the U.S. Bank-ruptcy Court for the Western Districtof Pennsylvania. Deller ruled the debtcould not be discharged, noting boththe commercial sophistication of thetrustee/debtor coupled with themagnitude and number of fiduciarybreaches as providing sufficient evidenceof intentional wrongdoing. n

RECENT BANKRUPTCY CASE continued from front cover

School of Law, Highmark, MorganLewis, the University of PittsburghSchool of Law, the Pennsylvania BarAssociation, the Pittsburgh AIDS TaskForce, Pollock Begg Komar Glasser &Vertz, Tucker Arensberg, and attorneysStanley Stein, Richard Wiedman andCarol Mills McCarthy.

Griffin co-chairs the host committeewith Jill Beck and Keith Whitson.Other committee members are McCain,McCants Lewis, Jaclyn Belczyk,David Blaner, Amy Carpenter,Kathryn Kenyon, Penina Lieber,Martha Mannix, Sam Milkes, GregoryNorton, Katherine Norton, RobertRacunas, Laurie Serafino, JosephSullivan, David Keller Trevaskis andSheila Velez Martinez. n

April 28, 2017 / Page 7

Thurs. June 1 – Fri. June 2, 2017Duquesne University | Pittsburgh, PA

Honoring

DR. HENRY LEE A Life in Criminalistics

The Cyril H. Wecht Institute of Forensic Science and Law

PIONEERS of FORENSIC SCIENCE

C O N F E R E N C E

FEATURING:

Forensic pathologist Dr. Michael Baden

Legendary trial attorney F. Lee Bailey

Criminal defense litigator Mark Geragos

Institute namesake Dr. Cyril Wecht

duq.edu/pioneers

Attorneys Against Hunger highlights 412 Food RescueBy Jessica S. Pfauth

It’s estimated that between 30 and40 percent of all food produced in theUnited States is wasted. Meanwhile, 1in 7 Americans struggles with foodinsecurity. Factor in the environmentalimpact of wasting food, and it is easyto see that a solution is critical.

That’s why the Allegheny CountyBar Foundation was pleased to grant$500 to assist 412 Food Rescue with itswork to prevent good food in AlleghenyCounty from going to waste.

Last month, the Attorneys AgainstHunger Committee welcomed ExecutiveDirector Leah Lizarondo to the barassociation’s offices to provide anoverview of how 412 Food Rescue usesreal-time technology to connectcorporate food suppliers – such asgrocery stores, restaurants andcafeterias – and nonprofit fooddistributers, such as food pantries.

Typically, when stores or restaurantshave an oversupply of food at day’send, it gets thrown out, even though itis perfectly healthy and edible. 412 FoodRescue is bridging the waste-to-hungergap through an Uber-esque app thatconnects organizations that have excessfood with volunteers who are available

to pick up a “rescue” and take it to afood distribution organization that hasagreed to accept the donated goods.

Lizarondo told the committee theorganization currently has a networkof 2,000 volunteers and that rescuesposted to the app are accepted so fast,within moments of their posting, thatit was difficult to demonstrate theprocess when 412 Food Rescue recentlywas featured on NPR. As soon as theyposted a “dummy” pick-up, it wasimmediately accepted by a volunteerand they had to contact the volunteerto let them know it was only a test.

A week after the AttorneysAgainst Hunger grant was presented,412 Food Rescue was a winner inUpPrize Pittsburgh’s healthy foodchallenge. Its Good Food program –which prepares ready meals fromfresh rescue food – won $110,000 offunding and technical assistance.UpPrize Pittsburgh is a fundingcompetition, organized by ForbesFunds, that awards the most innovativeentrepreneurial businesses and non-profit missions which strive to aid theneedy and make positive, impactfulchanges in our society.

PHOTO BY MARK HIGGS

Attorneys Against Hunger presents a $500 donation to Leah Lizarondoof 412 Food Rescue during the committee’s March meeting. From left areErin Rhodes, Jeff Bragdon, ACBF Associate Executive Director LorrieAlbert, Leah Lizarondo, Jeff Eisenberg, AAH Co-Chair Mary McGinleyand Jessica Pfauth. Attorneys Against Hunger is pleased

to highlight and support this effort tocombat food insecurity in our area.Every year, Attorneys Against Hungerraises more than $100,000, every bit ofwhich goes to 17 area hunger serviceagencies, thanks to the generous under-writing – and additional donations – oflead sponsor Steidl & Steinberg andsupporting sponsors Gleason & Associ-ates and the Hon. Raymond A. Novak(Ret.). Eckert Seamans Cherin &Mellott, the Rita M. McGinley Foundationand the McGinley family members ofthe bar provide a $15,000 challengegrant. Thanks to the support of ACBAmembers, this year’s campaign ispoised to raise more than $107,000. n

Typically, when stores orrestaurants have an oversupplyof food at day’s end, it getsthrown out, even though it isperfectly healthy and edible.412 Food Rescue is bridgingthe waste-to-hunger gapthrough an Uber-esque appthat connects organizationsthat have excess food withvolunteers who are available topick up a “rescue” and take itto a food distributionorganization that has agreedto accept the donated goods.

Page 8 / April 28, 2017

PHOTOS BY BRIAN ESTADT

Gabriel Laborde-Torres and Erika Wahl make introductions over coffeeduring last month’s Esquires and Espressos speed-networking session.Organized by the Young Lawyers Division, the early morning event isheld several times throughout the bar year to help YLD members makeconnections in the legal community.

In just one hour, participants con-nected with 11 otherYLD members andmade introductionsthat could help themduring their careers.At right, Cory Omastaand Haley Warden-Rodgers talk shopduring the March 28event.

Katelyn EmilySouders and DavidQuinn discusstheir areas ofpractice duringthe Esquires andEspressos speed-networking event.

Esquires and Espressos

PHOTO BY BRIAN ESTADT

Christina Cassotis, CEOof the Allegheny CountyAirport Authority, was thefeatured speaker at theApril 6 meeting of theReal Property Section.Pictured here with sectionChair Paul Didomenico,Cassotis detailed herefforts to improve serviceat Pittsburgh InternationalAirport. Since Cassotisjoined the authority in2015, the airport’s numberof nonstop destinationshas grown from 32 to 68.Reed Smith hosted themeeting in their down-town office.

Real Propertylands airport CEO

April 28, 2017 / Page 9

412.325.7700 www.johnstonlykos.law

Where EmploymentMeetsthe Law

PHOTOS BY ERIKA SCHNEIDER

WLD Chair-Elect Alka Patel, attorney and author Linda Hirshman,WLD Chair Shelly Pagac and ACBA President Melaine Shannon Rotheypose for a photo prior to Hirshman’s program on Supreme Court JusticesSandra Day O’Connor and Ruth Bader Ginsburg. Held in the UrbanRoom of the Omni William Penn Hotel in downtown Pittsburgh, theevent attracted a sold-out audience of 200.

Christina Preville, Katherine Janocsko, Mandi Culhane, Kate Diersen,Julie Cohen, and Megan Turnbull gather for a photo prior to thelunch program.

Hirshman recounts howO’Connor impressed SupremeCourt Chief Justice WarrenBurger during a 1979 houseboat vacation on Lake Powellin Utah. Invited by a mutualfriend so as to give Burger alawyer to chat with, O’Connorand Burger would becomeengrossed in legal discussionsduring the vacation. O’Connorjoined Burger on the SupremeCourt two years later.

WLD Spring Luncheon

CONNECT WITHUS SOCIALLY

@AlleghenyCoBar

facebook.com/alleghenycountybar

Page 10 / April 28, 2017

ALLEGHENY COUNTY BAR ASSOCIATIONLegal Impact: Concussions in the NFL and NCAAThe NFL’s concussion litigation has garnered significant attention from themainstream media, the legal community and even everyday fans. ACBAmember Jason Luckasevic was at the forefront of this litigation, and in thisprogram, he will discuss his filing of the first two lawsuits against the NFL forits failure to properly handle head injuries. This course will highlight the legaltheories that were pled against the NFL and co-defendants. It will discuss thescience and causation of brain injuries and the various obstacles and legal

defenses raised in motions. Finally, it will cover the settlement and continuinglitigation against the NFL and helmet manufacturers.

Diana Nickerson Jacobs will discuss concussion litigation relating to collegesports. Specific topics will include litigation that is pending in state and federalcourts and the class action settlement providing for medical evaluations for

current and former NCAA athletes. Additionally, the consideration of such legalissues as duty, causation, inherent risk and assumption of the risk will be

discussed. *Lunch will be served.

Credits: 2 hours of Substantive CLE credit •When: Thursday, May 4 • Registration:11:30 a.m. • Time: Noon - 2 p.m. • Where: Koppers Building Conference Center,Grant Room, 9th Fl., 436 Seventh Ave., Pittsburgh, PA 15219 • Cost: $70 for ACBAmembers, $90 for all others • Last date to pre-register: Tuesday, May 2, 11:59 p.m.

COMMITTEE ON LAW AND DISABILITYDogs, Ferrets, and Ponies:

Service Animals and the LawI. Federal Laws and regulations concerning service animals in the areas of housing, transportation, employment and education. Program will include

overview of Titles I, II and III of the Americans with Disabilities Act, Sections 501and 504 of the Rehabilitation Act, the Individuals with Disabilities EducationAct (IDEA), the Fair Housing Act and the Ari Carrier Access Act. II. Overview ofrecent case law concerning service animals. III. Question and Answer sessionregarding the practical aspects of obtaining training and using service animals.

*Lunch will be served.

Credits: 1 hour of Substantive CLE credit •When:Wednesday, May 24 • Registration:11:30 a.m. • Time: Noon - 1 p.m. •Where: Gulf Tower, Gulf Tower Auditorium, 3rdFloor, Pittsburgh, PA 15219 • Cost: $45 for ACBA members, $55 for all others •Last date to pre-register:Monday, May 22, 11:59 p.m.

FAMILY LAW SECTIONEquitable Distribution of Oil,

Gas and Mineral RightsIn Western Pennsylvania, many families own land with oil, gas and/or mineralrights. In family law matters, equitable distribution of oil and gas rights present

unique and complicated issues. This program will examine and discusspractical solutions to these challenges, including the severance of oil/gasrights, the carving out of executive rights and the need for accurate and

reliable valuation reports. *Lunch will be served.

Credits: 1.5 hours of Substantive CLE credit •When:Monday, May 8 • Registration:11:30 a.m. • Time: Noon - 1:30 p.m. •Where: Koppers Building Conference Center,Grant Room, 9th Fl., 436 Seventh Ave., Pittsburgh, PA 15219 • Cost: $65 forFamily Law Section members, $85 for ACBA members, $105 for all others • Lastdate to pre-register: Saturday, May 6, 11:59 p.m.

FEDERAL COURT SECTIONA View From the Bench: Third Circuit Judges

Present Notable Cases of the Past YearHear insight on recent U.S. Court of Appeals for the Third Circuit decisionsdirectly from the judges who presided over the cases during this interactive

program. Prominent federal judges will discuss and answer questionsregarding the Court’s leading decisions from the past year. A distinguished

panel will engage the judges in discourse on important new civil, criminal andconstitutional decisions. *An important part of the program is the Q&A session.What would you like to ask the judges? Topics can include 3d Circuit practiceand procedure, best practices for advocacy, or a case from the past year.*Reception and Annual Meeting to Follow: 3rd Floor Lancaster Atrium

of the Federal Courthouse.cont...

Credits: 2 hours of Substantive CLE credit •When: Tuesday, May 23 • Registration:2 p.m. • Time: 2:30 - 4:30 p.m. • Where: Joseph F. Weis, Jr. U.S. Courthouse,Courtroom 8A, 700 Grant Street, Pittsburgh, PA 15219 • Cost: $90 for FederalCourt Section members, $105 for ACBA members, $125 for all others • Last dateto pre-register: Sunday, May 21, 11:59 p.m.

LABOR AND EMPLOYMENT LAW SECTIONA Look at Recent NLRB Developments

The program will begin with a brief summary of NLRB operations at the regional office and nationwide. Thereafter, Nancy Wilson, regional director ofthe NLRB Pittsburgh Regional Office, and attorney Gerald Kobell, a former NLRBregional director for almost 27 years, will discuss significant cases involvingsupervisory status, independent contractors, rules affecting social media andcollective bargaining and unilateral changes. Other issues pending or decidedby the Board and the courts during the past 18 months will also be discussed.

*Lunch will be served.

Credits: 1 hour of Substantive CLE credit •When:Wednesday, May 17 • Registration:11:30 a.m. • Time: Noon - 1 p.m. • Where: Koppers Building Conference Center,Grant Room, 9th Fl., 436 Seventh Ave., Pittsburgh, PA 15219 • Cost: $45 for Laborand Employment Law Section members, $65 for ACBA members, $85 for all others• Last date to pre-register:Monday, May 15, 11:59 p.m.

PROBATE AND TRUST LAW SECTIONAn Overview of Recent Probate,

Estate and Fiduciary Code ChangesPennsylvania’s ACT 79 of 2016 brought changes to the Probate, Estate andFiduciary (PEF) code, and Act 103 brought changes to Chapter 56. In this program, panelists will discuss the recent changes concerning jurisdiction,powers of appointment, determination of title to decedents’ interest in real

estate, virtual representation and charitable instruments to name a few. A briefhistory of the Acts will be discussed, along with practical tips on the application

and advantages of the changes. *Brown bag lunches are welcome.

Credits: 1 hour of Substantive CLE credit •When: Thursday, May 18 • Registration:3:30 p.m. • Time: 4 - 5 p.m. •Where: Koppers Building Conference Center, GrantRoom, 9th Fl., 436 Seventh Ave., Pittsburgh, PA 15219 • Cost: $35 for Probate andTrust Law Section members, $45 for ACBA members, $70 for all others • Last dateto pre-register: Tuesday, May 16, 11:59 p.m.

REAL PROPERTY SECTION2017 Changes to Pa.’s Mechanic’s Lien Law:

What Clients Need to KnowThoroughly understanding Pennsylvania Mechanic’s Lien Law is crucial for anyattorney practicing in the real estate and/or construction arenas. This programwill offer a summary of the recent changes to this important law, including thenew construction notices that have been authorized, the impacts on real estatedevelopers/financing partners and the risks of noncompliance (the possiblecivil and criminal penalties). The impact the changes have on contract

documents will also be examined. Panelists will also discuss whether or not aproject owner should delegate the compliance responsibilities to a designatedagent. Additionally, the program will take a look at Pennsylvania’s new State

Construction Notices Directory. *Pizza lunch will be served.

Credits: 1 hour of Substantive CLE credit •When: Thursday, May 11 • Registration:11:30 a.m. • Time: Noon - 1 p.m. • Where: Koppers Building Conference Center,Grant Room, 9th Fl., 436 Seventh Ave., Pittsburgh, PA 15219 • Cost: $40 for RealProperty Section members, $50 for ACBA members, $70 for all others • Last dateto pre-register: Tuesday, May 9, 11:59 p.m.

WORKERS’ COMPENSATION SECTIONWorkers’ Comp EDI Forms Solution:

What You Need to KnowEDI Forms Solution went live in Pennsylvania last year, and the program is

designed to automatically generate certain workers’ compensation forms. It’s acrucial – but sometimes complicated – process for those involved in Workers’Compensation. This seminar will examine the program and process. Specifictopics to be discussed include: • TNCP: How to issue it and how to stop it; • How to establish a medical-only claim; • What actions will generate a form;• What to do if a claim is accepted inadvertently; • What are the possible legalimplications from the EDI Forms transactions; and • Questions and answers.This is a must-attend seminar for the workers’ compensation claimant anddefense bar, as well as insurance representatives. Defense attorneys are

encouraged to invite their clients to attend as well.

Credits: 2 hours of Substantive CLE credit •When: Friday, May 12 • Registration:1:30 p.m. • Time: 2 - 4 p.m. •Where: Koppers Building Conference Center, GrantRoom, 9th Fl., 436 Seventh Ave., Pittsburgh, PA 15219 • Cost: $70 for Workers’Compensation Section members, $90 for ACBA members, $125 for all others •Last date to pre-register:Wednesday, May 10, 11:59 p.m._____________________________________________________

Visit www.acba.org/CLEvideoReplayService or call412-402-6614 for more information and to view the CLEs being

offered today through our CLE Live Video Replay Service.

Mail in registration form with payment to the ACBA CLE Department at400 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219.

To pay by credit card, see: www.acba.org/CLE-Events/Events-and-Programs.

April 28, 2017 / Page 11

If you have an idea for an article,please contact Brian Estadt [email protected] or 412-402-6682.

ARTICLESWANTED

April 3 - April 13

The ACBA is continuously gatheringinformation on court rule amendmentsand important court opinions andsharing it with our members via Twitter,Facebook and at www.ACBA.org/CourtCapsules. To provide a moretimely print version of Court Capsules,this roundup will be published everyTuesday in the Pittsburgh Legal Journalstarting May 2.

The following is a recap of CourtCapsules for April 3-13:

U.S. Supreme Court

• Section 924(c) does not prevent asentencing court from considering amandatory minimum imposedunder that provision when calculatingan appropriate sentence for thepredicate offense.

• A district court’s decisionwhether to enforce or quash an EEOCsubpoena should be reviewed forabuse of discretion, not de novo.

U.S. Court of Appeals forthe Third Circuit

• Survival of claims under the FairHousing Act is not governed by Section1988(a), but rather by federal commonlaw, under which a Fair Housing Actclaim survives the death of a party.

• 11 U.S.C. §362(k)(1) authorizes theaward of emotional-distress damageswhen willful violations of the automaticstay arising from bankruptcy petitionare committed.

Pa. Superior Court

• A search warrant in which thereliability of a confidential informant(“CI”) and the facts of criminal conductthat the CI provided the police havenot been adequately corroboratedcannot supply the basis for either asearch or an arrest.

• Trial court abused its discretionin changing the dependent child’spermanency goal from reunificationto adoption following a status reviewhearing where the record did notsupport such a goal change.

Pa. Commonwealth Court

• Declaration of taking thatmisidentifies property does not giveadequate notice of the extent or effectof the taking.

Court rule change

• Numerous Pennsylvania Rules ofJuvenile Court Procedure have beenamended.

ACBA Court Capsules are brought to youby bit-x-bit.

Lawyers’ MartAPPRAISALS

ANTIQUE AUTO APPRAISALS for all vehicles 1900 to2005. Expert Witness. Diminished Value. CertifiedAppraiser - K. Merusi. 412-731-2878.

CAREER CONSULTINGCHRIS MILLER, J.D. – 20+ years providing confidentialcareer consulting services for lawyers in transition.412-926-5207. www.millercareerconsulting.com.

DOCUMENT EXAMINER/HANDWRITING

J. WRIGHT LEONARD, BCFE, CDE. Certified. Experiencedin Federal, State & Local Courts. Testimony in Civil & Criminal Matters. 215-735-4000.www.ForgeryID.com.

ECONOMIST/VOC. EXPERTWM. HOUSTON REED, Ph.D. – 25+yrs. of forensiceconomics & vocational eval. expertise in one report.1-888-620-8933.

ESTATE PLANNINGIF YOUR CLIENTS ARE CONSIDERING CHARITABLEGIVING as part of their estate planning The PittsburghPresbytery Foundation can provide a means to support

charitable work helping those in need throughout SWPennsylvania. For more information contact the Foundationat www.pghpresbytery.org/pghpresbyterianfdn.htm orRev. Dr. Douglas Portz at 412-323-1400 Ext 318.

INSURANCE CONSULTINGMICHAEL M. McDONOUGH, CPA (inactive) – Savetime, elevate your advice, enhance economics and discharge fiduciary duties with my life, disability, LTC,and annuity contract reviews. Innovative and well-vetted strategies, loan rescues, solutions for the uninsurable.Integrated planning for individuals/entities. Supported byleading carrier advanced markets teams. Compensatedvia commissions. (724) 720-9313.

PROCESS SERVICEINVESTIGATING

THE IMPOSSIBLE WE DO RIGHT AWAY! MIRACLESTAKE A LITTLE TIME. EMPIRE INVESTIGATION (412)921-4046. Visit us on our website, www.empireinv.com.

REFERRAL OR CO-COUNSELOHIO PERSONAL INJURY AND WRONGFUL DEATHCASES – William J. Davis of Aronson, Fineman & DavisCo., LPA – Certified as a Civil Trial Specialist by theNational Board of Trial Advocacy since 1986 – AV RatedAttorney – Multi-engine, instrument rated pilot. Dial888-4OHIOLAW (888-464-4652) – www.afdlaw.com.

Page 12 / April 28, 2017

bankruptcy court. She has counseledclients on issues relating to restructuring,succession planning, tax modifications,asset purchases, debt collection, contractnegotiation, financing, formation,employee issues, regulatory complianceand general corporate matters.

Lori WisniewskiAzzara has beenpromoted to partnerat Cohen SegliasPallas Greenhall &Furman PC. She isa member of thefirm’s constructionand green buildingand sustainabilitygroups, and is co-editor of the firm’sconstruction blog.She counsels clients

in all construction-related matters,including contract negotiation, defective-construction claims, claims for delayand inefficiency and mechanics’ liens.She also has successfully assistedclients in procuring minority andwoman-owned business certifications.

Steven J. Forry and Stuart H.Sostmann – shareholders at MarshallDennehey Warner Coleman & Goggin –have been promoted to supervisoryroles in their respective practiceareas. Forry is now supervisor of thehealth care department, while Sostmannis supervisor of the casualty department.Forry will oversee the office’s healthcare liability litigation. He has handlednumerous trial and appellate mattersin cases for physicians, hospitals andprofessional liability insurance carriers.Sostmann will oversee the office’scasualty litigation, which includesproduct liability, premises liability,auto liability, construction law, dramshop and commercial general-liabilitymatters. He has experience handlingcasualty litigation matters.

Patricia S. Mahlstedt has beennamed co-chair of the hospitality &gaming group at Eckert SeamansCherin & Mellott LLC. She focuses her

News and NotesThe Hon. Jeffery A. Deller, chief

judge of the U.S. Bankruptcy Court forthe Western District of Pennsylvania,has been inducted as a Fellow of theAmerican College of Bankruptcy. Dellerwas honored for his professionalexcellence and contributions andcommitment to elevate the knowledge,understanding and respect of bankruptcyand insolvency law and practice.Nominees are subjected to a vettingprocess and invited to join based on arecord of exhibiting the highest standardsof professionalism, ethics, character,integrity, expertise and leadership.The ceremony took place at the Smith-sonian Donald W. Reynolds Center ofAmerican Art and Portraiture inWashington, D.C. The AmericanCollege of Bankruptcy is an honorarypublic service and educationalassociation for bankruptcy andinsolvency professionals.

Barbara A.Scheib, director ofCohen & Grigsby,P.C., has beenappointed to theboard of directorsof The AndyWarhol Museum.She is the chair ofthe firm’s com-mercial litigationservice group. Sherepresents busi-nesses in a wide

range of matters, including disputesbetween competitors, trade secret andnoncompetition-covenant cases, defenseof claims against accounting firms,technology-related disputes andpublishing and advertising matters.As a member of The Warhol board,Scheib will lend her expertise to thecontinued growth and success of themuseum and support major museuminitiatives and exhibitions. The AndyWarhol Museum holds the largestcollection of Warhol’s artworks andarchival materials and is one of themost comprehensive single-artistmuseums in the world.

People on the MoveSalene Mazur Kraemer has joined

Bowles Rice LLP. Her practiceincludes restructuring, creditors’rights and bankruptcy law, corporatetransactions and commercial andbanking law. Her experience includessizable-acquisition and lendingtransactions, as well as significantdebtor and creditor representations incomplex Chapter 11 proceedings in

Bar Briefs

Michael D. McDowell, Esq.Arbitrator and Mediator

labor • employment • securitiescommercial • energy

www.ArbitrationsAndMediations.com

• Over Thirty Years of Experience in Alternative Dispute Resolution and Complex Litigation

• Member, National Academy of Arbitrators

PO Box 15054 • Pittsburgh, Pennsylvania 15237

[email protected]

412-260-5151

practice on hospitality law, representinghotel owners, developers, investors andmanagement companies. Her practicecovers various aspects of hotel-relatedmatters – including hotel acquisitionsand sales, joint-venture negotiations,financing matters, leases, managementagreements, franchise and food-and-beverage operating agreements andday-to-day hotel operational matters –for clients whose properties are locatedthroughout the U.S. as well as ininternational locations.

Nicole BoyleKairys has joinedVoelker & Colton,LLC. She focusesher practice infamily law. Shehandles litigationcases and adds tothe firm’s alternativedispute resolutionpractice groupwith experience incollaborative lawand mediation.

Anthony R.Burgess has joinedBabst Calland asan associate in theenergy & naturalresources group.He focuses prima-rily on counselingvarious energy, oil,gas and mineral-related clients ontransaction mat-ters, including title

examination, oil and gas title opinionsand due diligence.

Daniel A. Seibelhas joined Sher-rard, German &Kelly, P.C., as amember of thefirm’s estates andtrusts and corpo-rate servicesgroups. His prac-tice focuses onestate administra-tion, Orphans’Court matters andtax controversies

related to foreign financial assets.He also advises clients in transactionsrelating to corporate acquisitions andother transactional matters, providingcoordinated tax-mitigation strategiesboth prior to and following significantliquidity events arising from suchtransactions.

Change in StatusBy order of the Supreme Court of

Pennsylvania, attorney Jason R.Taylor has been temporarily suspendedfrom the Bar of the Commonwealth ofPennsylvania. The suspension tookeffect on March 2.

By order of the Supreme Court ofPennsylvania, attorney Leroy FrankGrimm Jr. is hereby reinstated toactive status as a member of theBar of this Commonwealth. Thisreinstatement took effect on March 13.

Barbara A.Scheib

Lori WisniewskiAzzara

Steven J.Forry

Stuart H.Sostmann

Nicole BoyleKairys

Anthony R.Burgess

Daniel A.Seibel