President`s Column IN THIS ISSUE

VOL. 2008-09 - NO. 4
JANUARY/FEBRUARY, 2009
YOUNGSTOWN, OHIO
President’s Column
IN THIS
ISSUE
President’s Column
1
Congratulations, Judge Lou A D’Apolito
2
Mahoning County Attorneys Support Pro Bono 2
Meet Probate Judge Mark Belinky
3
Judge Krichbaum’s Fourth Term Begins
3
2009 Sustaining Members
4
MCBA Foundation Scholarships
4
The Inevitable is for Lawyers and Judges
4,5
Attorney Joe Schiavoni Becomes State Senator 5
St. Thomas More Society
6
Family Medical Leave Act Final Regulations 6,7
Secretaries’ Luncheon
8
In Memoriam
9
Calendar of Events
12
Legal Laughs
12
LEGALINES
is published by
THE MAHONING COUNTY
BAR ASSOCIATION
114 E. Front Street, Suite 100 • Youngstown, Ohio 44503
Phone: 330-746-2933 • Fax: 330-746-7101
www.mahoningbar.org
NEWSLETTER COMMITTEE
Linda S. Ruse, Co-Chairperson
Jay Blackstone, Co-Chairperson
Robyn R. Gallitto
Matthew D. Gurbach
Jennifer E. Lockshaw
Michael D. Harlan, Liason
BAR ASSOCIATION STAFF
Linda Pregi - Executive Secretary
Marilyn L. Carroll - Administrative Assistant
Kathleen L. Rogers - Secretary
1
As President Barack Obama and his new administration take
charge of our nation, they remind us of the challenges we
have in store in the coming year, with the next-to-impossible
task of restoring our ailing economy. In our back yard, we
are experiencing first hand these tribulations with rising job
loss, foreclosures and bankruptcies. The struggling economy
will likely generate additional requests for our services, and
I suspect that our Lawyer Referral Service will see heightened
activity as a direct result of this financial turmoil.
I understand that there are only a small number of our
members who have enrolled in our Lawyer Referral Service.
This program not only offers a great service to our
community, but it also can generate revenue for each
participating attorney, while even providing our Association
with some benefit.
JAMES B. DIETZ, PRESIDENT
I also believe that this service can especially assist our younger lawyers in developing their practice
by providing them with a steady referral source. Please contact our committee chairman, Herman
Carach, or Kathy Rogers at the Bar office, for additional details.
On another front, following the recent increase in the Mahoning County court appointed fee
schedule, the Youngstown Municipal Court has just announced an increase in the hourly rates for
indigent criminal defense representation to $55.00 in-court and $45.00 out-of-court services.
Previously, attorneys had been paid a flat fee of $100.00 per case. On behalf of the Association, I
wish to applaud the efforts of Judges Douglas, Milich and Kobly of the Youngstown Municipal
Court for securing this increase.
Our devoted Memorial Committee chairperson, Annie Crawford, asked that I remind all of you
to mark you calendar (NOW) for the Memorial Ceremony, which will be held on Thursday, May
21, 2009 at 11:00 a.m. Unfortunately, the number of deceased MCBA members this year has
already risen to nine, with three months still remaining before the ceremony. This is one of our
most important events on our calendar and we hope to have a record turnout of judges and
lawyers in attendance, to pay tribute and respect to our fallen brothers and sister of our profession.
Since I have brought up a calendar item, please also mark your calendars now and plan to attend
our Law Day luncheon held at Mt. Carmel on Friday, May 1, 2009. Richard White and Rob
Budinsky and their committee are diligently working on the various activities for Law Week
(beginning April 27, 2009). Flyers will soon follow detailing all of these activities. Please consider
participating in some of these events, including courthouse tours and speaking to students at local
schools.
Finally, please take note of the great response by our members who contributed to the Association
as Sustaining Members (list on page 4). We expect that number to increase as we await further
payment of dues. In addition to the recognition in Legalines and at other MCBA functions, those
Sustaining Members are entitled to attend the annual meeting seminar in May (Ethics, Substance
Abuse and Professionalism) without charge. To those Sustaining Member contributors, I thank
you for support. Please note that it is not too late to upgrade your membership to take advantage
of the CLE hours while assisting the MCBA in meeting its rising operating costs.
James B. Dietz, President
Mahoning County Bar Association
LEGALINES - JANUARY / FEBRUARY 2009
CONGRATULATIONS, JUDGE LOU A. D’APOLITO
Please join me in welcoming Lou A. D’Apolito, Esq. as the new Judge for the Mahoning
County Court of Common Pleas.
Judge D’Apolito brings with him an impressive list of credentials. Judge D’Apolito
holds a Bachelor’s Degree from Youngstown State University and a Law Degree from
The University of Akron.
Prior to being elected to his current position, Judge D’Apolito was in private practice
for thirty-five years. For the first fifteen years of his practice, Judge D’Apolito dedicated
himself exclusively to handling criminal matters. In the remaining years of his private
practice, Judge D’Apolito maintained a general civil litigation practice with an emphasis
placed upon Plaintiff ’s personal injury cases. Judge D’Apolito is well-known
throughout the Mahoning Valley as a first-rate trial lawyer, professional, and friend.
Judge D’Apolito resides in Boardman, Ohio with his wife, Paula. Judge D’Apolito’s
son, Anthony M. D’Apolito, is the Magistrate and Court Administrator for the
Mahoning County Juvenile Court. In his spare time, Judge D’Apolito enjoys golf
and spending time with his six grandchildren.
Again, please join me in welcoming Judge D’Apolito to his new position.
Judge Lou A. D’Apolito
Matthew D. Gurbach, Esquire
MAHONING COUNTY ATTORNEYS SUPPORT PRO BONO
Justice is only served when everyone has equal access to the legal system. Community Legal Aid Services and the Volunteer Legal Services Program
would like to acknowledge the following 42 Mahoning County attorneys who generously donated their time and talents to assist low income and
elderly members of our community in 2008. With their help, VLSP surpassed its goal of placing 1,000 cases with volunteer attorneys in 2008!
You have made a difference, and the board, staff and clients of Community Legal Aid thank you. For more information about volunteering with
Community Legal Aid contact Jennifer van Dulmen at 330-983-2531.
Jane Clarke, Administrative Assistant
Community Legal Aid Services
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LEGALINES - JANUARY / FEBRUARY 2009
MEET PROBATE JUDGE MARK BELINKY
“I’m thrilled to be here,” says Judge Mark Belinky who won election to the Mahoning County
Probate Court bench in the November election. He was sworn in to the position on February 7,
2009 by the Honorable Joseph Donofrio who is retired from the Seventh District Court of Appeals.
It was a long journey to the six-year judicial term. Judge Belinky was first appointed to the position
by Governor Ted Strickland in November 2007 to fill the unexpired term of retiring Judge Timothy
P. Maloney. He then successfully ran in the March 2008 primary and the general election.
Judge Belinky started his legal career in the offices of Judge Sidney Rigelhaupt and Attorney Bert
Rigelhaupt. He has been involved in the general practice of law for 29 years with a concentration in
probate work.
Within two months of his appointment, he presented a probate court seminar to area attorneys. He
has also simplified the local probate court rules to increase efficiency and reduce costs. He plans more
seminars which may include presentations done with other judges. “I will do whatever the Bar
Association needs me to do,” Judge Belinky says. His goals are to increase the number of lawyers
involved in probate matters and provide a more “elementary approach” to probate law for general
practitioners.
Judge Mark Belinky
Judge Belinky is also exploring the possibility of electronic filing which would ultimately need the approval of the Ohio Supreme Court. Other courts
have already started electronic filing which Judge Belinky cites as having great cost and time savings. “It’s the future,” he says of such a system that will
be reviewed by a committee.
A major project for the Court concerns the old paper records now stored in the basement of the courthouse. Judge Belinky states an ad hoc committee
from local historical, genealogical, and library groups will volunteer its time to find the best way to possibly digitize or otherwise preserve these
records.
While decedent’s estates comprise the largest part of the docket, Judge Belinky notes a recent increase in guardianships due to a “growing area aging
population.” He also cites an increase in the number of cases with mental health issues, possibly due to involvement in military service.
Judge Belinky proudly states that the same staff has been retained in Probate Court since the time of his appointment. Seventeen employees currently
work in the Court. He acknowledges that probate is a “very technical area of the law.” While his administrative staff cannot provide legal advice, he
feels the employees do a great job providing service to the public.
Since his appointment, Judge Belinky has been named to the Ohio Judicial Conference Probate Practice and Procedures Committee. He is also a
member of the Ohio Association of Probate Judges.
A Youngstown native, Judge Belinky was born on the south side but later moved to the north side and graduated from The Rayen School. He received
his undergraduate degree from Ohio University and his Juris Doctor from the University of Pittsburgh. His father, the late Dr. Nathan Belinky, was
a county coroner.
He is married and has four children. A Boardman resident, he enjoys reading, basketball, swimming and landscaping.
Linda S. Ruse, Esquire
FOURTH TERM BEGINS
Mahoning County Common Pleas Court Judge R. Scott
Krichbaum (left) was sworn in for his fourth consecutive term on
Jan. 15, 2009 by Chief Justice Thomas J. Moyer of the Ohio
Supreme Court. Justice Moyer also conducted the swearing in
ceremony for Judge Krichbaum’s first term in 1991. The senior
judge of all the Mahoning County Common Pleas judges, Judge
Krichbaum will mark his 19th year on the bench in 2009.
(Photo courtesy of Brian Krichbaum)
3
LEGALINES - JANUARY / FEBRUARY 2009
WE RECOGNIZE AND THANK THE FOLLOWING AS SUSTAINING MEMBERS FOR THE YEAR 2009:
Judge Charles J. Bannon
Jennifer Boyle Beck
Franklin S. Bennett, Jr.
William R. Biviano
Jay Blackstone
Nicholas A. Bourne
George G. Briach
Robert Budinsky
Robert J. Christian
Shirley J. Christian
Scott R. Cochran
John T. Dellick
James B. Dietz
Charlie Dunlap
Bruce R. Epstein
Alfred J. Fleming
Wayne D. Gerhold
Vincent E. Gilmartin
Timothy R. Hackett
Edward J. Hartwig
Thomas E. Hough
J. Gerald Ingram
John A. Jeren, Jr.
Judge Nils P. Johnson
William G. Kalasky
Kimberly A. Kohli
David A. Kovass
Alan R. Kretzer
Michael J. Maillis
John Masternick
John J. Masternick
Joseph W. Maxin
Hon. Robert P. Milich
Daniel J. Mumaw
Carl A. Nunziato
Robert M. Palma
W. Terry Patrick
Mark A. Rafidi
Carl D. Rafoth
Lawrence H. Richards
James E.(Ted) Roberts
Henry C. Robinson
Melissa Rocci
Gregg A. Rossi
Chris J. Schiavone
Leonard D. Schiavone
Patrick A. Sebastiano
James H. Sisek
Anthony Shoaff
Nikitas Skoufatos
Wade W. Smith, Jr.
Tracie L. Schmidt
Judge Maureen A. Sweeney
Diane L. Chermely Tanner
Brian Tareshawty
Michael Tiberio
Kimberly A. Tomlinson
William A. Weimer
Richard N. White
MAHONING COUNTY BAR FOUNDATION SCHOLARSHIPS
The Mahoning County Bar Foundation is now accepting applications for scholarships.
The criteria for the scholarships vary, but generally,
applicants must establish their worthiness and need and have ties to the Mahoning Valley. The applications for the scholarships are now available at
the Bar Office or online at: www.mahoningbar.org.
The Mahoning County Bar Foundation has several scholarships to be awarded. In addition to the General Scholarships to be awarded by the
Foundation, there are also scholarships in memory of Attorney Irwin I. Kretzer and Attorney Harlan Small.
The recipients will be recognized at the Annual Election Banquet scheduled for Monday, June 29, 2009 at the Youngstown Country Club.
If you are interested in obtaining a Scholarship Application Form, please call Marilyn Carroll at the Mahoning County Bar Association at 330-7462933 or send an e-mail to [email protected].
Thomas E. Infante, President
Mahoning County Bar Foundation
THE INEVITABLE IS FOR LAWYERS (AND JUDGES) TOO
Judge Durkin on December 11 presented an elucidating talk at our Lawyers Assistance Committee meeting. I swear this committee is the most
active due to Linda Martin Saunders’ influence (even while on Kauai for the winter).
Judge Durkin shared with the committee his insights from his panel participation at the Akron Becker Institute on Aging/Senior Lawyer Seminar.
More complaints are being filed against lawyers and judges ages 50-60. They are problems due to aging. It’s like telling your parents it’s time to turn
in the car keys. Try telling a judge or lawyer that they are too old. Judge Durkin told of one case where the lawyer’s wife called him at home. After
a week of trial, the lawyer could not remember what occurred to compose a final argument.
In another case of the forgetful lawyer, his lawyer friends helped him and his family. We are fortunate to have a small bar association with many
willing to assist.
The Judge said we should all be diligent in watching for signs of forgetfulness or lack of the same attention to their cases and court appearances as
we formerly expected of that colleague.
Then we should engage other lawyers close to the person of our concern, along with his/her family.
Continued on page 5...
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LEGALINES - JANUARY / FEBRUARY 2009
Continued from page 4...
The Lawyers Assistance Committee has many sources for help, especially OLAP. They have a list of specialty doctors.
Heidi Hanni thought it was a good idea to also have some assistance for lawyers going through emergency problems with seriously ill or aging close
family.
It has been my experience that although we fight our adversaries vigorously on cases, when they are in need, we lawyers support our own.
So be aware and do our fellow counselors and judges a favor. Make that call to the Lawyers Assistance Committee. Someone will get a referral to do
what we can. The only thing we take with us when we are gone is what we gave away.
Phillip S. Arbie, Co-Chair
Lawyers Assistance Committee
ATTORNEY JOE SCHIAVONI BECOMES STATE SENATOR
A member of the Mahoning County Bar Association is now a state senator. Attorney Joe Schiavoni was recently sworn
in for the state post by Judge Joseph Vukovich of the Seventh District Court of Appeals.
It all started when former Ohio Senator Harry Meshel, a long-time family friend, asked Attorney Schiavoni if he
would be interested in being a state senator. He applied for the seat and was selected for the 33rd District position,
replacing outgoing Senator John Boccieri. To retain the seat, he will need to run for re-election in 2010.
“I‘ve always followed local politics,” says the new senator who was the unanimous choice of the Ohio Senate Democratic
Caucus. The political newcomer interviewed for the seat with a dozen other candidates. Attorney Schiavoni is now
a member of the Caucus.
Attorney Joe Schiavoni
Before the appointment, Attorney Schiavoni was practicing worker’s
compensation law with his father, Attorney Louis Schiavoni, at Schiavoni,
Schiavoni, Bush and Muldowney LPA in Austintown. Due to the state
legislative position, he is no longer permitted to participate in worker’s
compensation hearings. He will continue to perform other duties at the
firm. One of his clients is area boxer Kelly Pavlik. The two became friends
in high school while they both participated in local Golden Gloves
tournaments.
Attorney Schiavoni cites his service to injured workers and the community
as assets that helped him land the job. He has practiced law for three years
and has also been very involved in Big Brothers and Big Sisters of the
Mahoning Valley. In 2007, he received the Big Brother of the Year award.
Senator Schiavoni notes the recent area trend toward younger legislators.
He acknowledges he has a lot to learn but feels his energy and youth, age
29, will help him accomplish his goals.
NEW SENATOR. Attorney Joe Schiavoni, flanked by his family, was sworn in as Senator
of Ohio’s 33rd District on Jan. 5, 2009. Administering the oath was Judge Joseph Vukovich
of the Seventh District Court of Appeals. Family members are (from left) Senator Schiavoni’s
brothers Dan, Nick and Mark Schiavoni, and parents Joan and Attorney Louis Schiavoni.
With the new position comes a new routine. He spends Tuesdays and Wednesdays in Columbus and is booked for speaking engagements and other
local events. “My calendar is full, but in a good way,” he states. He will be spending much of his time in the 33rd District which includes Mahoning,
Stark, Tuscarawas, and Carroll counties.
Attorney Schiavoni is a life-long resident of Mahoning County. A graduate of Boardman High School, he received his undergraduate degree from
Ohio University. He then went on to law school at Capital University. He is the oldest of four brothers and the namesake of his grandfather, a civil
service leader in Youngstown. He is an active member of the MCBA, serving as co-chairman of the Public Relations Committee.
Linda S. Ruse, Esquire
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LEGALINES - JANUARY / FEBRUARY 2009
ST. THOMAS MORE SOCIETY
About ten years ago, the Catholic Diocese of Youngstown and a group of our local lawyers and judges formed the St. Thomas More Society. St.
Thomas More, Lord Chancellor of England in the Sixteenth Century, is the patron saint of lawyers, the man who stood up to King Henry VIII, gave
primacy to his own religious beliefs over the dictates of the King, and was beheaded by his vengeful nemesis. St. Thomas’s last words were, “I die the
King’s good servant and God’s first.”
The purpose of the Society, as stated in its original mission statement is, “to assist in the spiritual growth of its members; to provide an opportunity
as Catholic lawyers and judges to come together to share their faith; to encourage members to remain faithful to the Church and her teachings, and
more importantly, to live their lives consistent with the teachings of the Catholic faith; to strive to incorporate the ideals and commitment to faith
exemplified by St. Thomas More in the practice of law and in their personal lives.”
The Society meets four times a year on the fourth Friday in January, April, July, and in October, when the Diocese conducts the annual Red Mass.
The meetings commence with a mass at 12:10 p.m. at St. Columba, followed by a light lunch, after which we have a speaker who leads a discussion
of topics of interest to the members.
Each meeting is completely interesting, educational, and pleasurable. Lawyers and judges of all faiths are welcome.
For more information, please call Mary Beth Houser (330) 747-4404, Jay Blackstone (330) 533-9110, or Monsignor Robert Siffrin at the Diocese
(330) 744-8451.
Jay Blackstone, Esquire
FAMILY MEDICAL LEAVE ACT
FINAL REGULATIONS
The U.S. Department of Labor’s (“DOL”) final regulations implementing the Family and Medical Leave Act (FMLA) became effective on January
16, 2009. Employers and employee advocates alike have been patiently awaiting these guidelines, hoping for clarification of the complex facets that
exist in requesting and administering FMLA leave. The regulations made extensive changes to how FMLA is administered and a full discussion of
the regulations is far beyond the scope of this article. However, below is a brief summary of five significant changes/clarifications to the FMLA
regulations:
1.
Employer Notice Obligations
Under the final regulations, employers, regardless of whether they have any FMLA-eligible employees, are required to provide employees with a
general notice about FMLA at the time any employee is hired. This general FMLA notice can be in the form of a poster located in a location readily
visible to employees; the notice may be contained in an employee handbook given to employees at the time of hire; and notice may also be given
through an electronic posting as long as all employees and applicants have access to electronic information.
Additionally, when an employee requests FMLA leave, or when an employer acquires knowledge that an employee’s leave may qualify under FMLA,
the employer must provide the employee with an eligibility notice and, at the same time, a rights and responsibilities notice. Once an employer
obtains sufficient information and designates the employee’s leave as FMLA leave, the employer must provide the employee with a designation
notice, informing employee that his or her leave has been designated as FMLA leave. The new regulations give employers five (5) business days from
the date the employee requests FMLA leave and the date the employer designates the leave as FMLA leave to provide the eligibility and designation
notices, respectively.
2.
Serious Health Condition
The new regulations define what constitutes a “serious health condition.” One definition provides that a serious health condition is one that
disables an employee for three (3) consecutive full calendar days or more and requires at least two (2) visits to a health care provider, the first of which
must take place within seven (7) days of the onset of the condition, with a follow-up visit within thirty (30) days. A second definition for serious
Continued on page 7...
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LEGALINES - JANUARY / FEBRUARY 2009
Continued from page 6...
health condition requires the same three (3) consecutive full calendar days or more of disability, plus a regimen of continuing treatment for the
condition, with the first visit to a health care provider within seven (7) days of the date of the onset of the condition. For those with chronic serious
health conditions, such as epilepsy or arthritis, these employees must make “periodic visits,” defined in the regulations as at least two (2) visits per
year, to a health care provider for their condition to qualify for FMLA leave.
3.
Medical Certification
Under the new regulations, employers now have five (5) days, as opposed to two (2) days, from the date the employee notifies the employer of his
or her need for leave, or from the date the employee begins leave in the case of unforeseen leave, to request medical certification. Employers, through
their appointed health care provider, human resource professional, leave administrator or management official, may speak directly to the employee’s
physician while attempting to obtain the necessary medical certification. However, the employer’s contact person may not be the employee’s direct
supervisor and employers may not ask the employee’s physician for information beyond the information required by the medical certification form.
Additionally, there are now separate medical certification forms; one for use when the employee requests leave due to his or her own serious health
condition and one for use when the employee is requesting leave as a result of a family member’s serious health condition. If the employer
determines that the medical certification is incomplete or deficient, the employer must notify the employee in writing, setting forth what additional
information is necessary, and provide the employee with seven (7) calendar days to cure the deficiency. If the employee does not cure within the
allowed time period, the employer may deny FMLA leave.
Employers may request new medical certifications every six (6) months for continuing, ongoing conditions or on a more frequent basis where there
is a change in circumstances or for other reasons that are outlined in the regulations. Also, for conditions causing leave lasting longer than one (1)
year, an employer can request annual medical certifications.
4.
Substitution of Paid Leave & Incentive Rewards
FMLA leave remains unpaid under the new regulations. However, employers can require employees to use and exhaust all forms of paid time off,
including sick leave, vacation time, personal days, etc., concurrently with unpaid FMLA leave and those employees must follow the same employer
policies related to the use of paid leave that apply to other employees.
Employers may also consider FMLA leave when determining employee bonuses and other incentives. Employers can disqualify employees from
bonuses and or other incentives based on failure to achieve certain job performance goals, such as perfect attendance, because of FMLA leave as long
as the employer treats employees taking non-FMLA leave in an identical manner.
5.
Employee Obligations
The new regulations allow employers to require that employees comply with and use the usual and customary policies and procedures for requesting
any type of leave and/or reporting an absence, absent unusual circumstances. The regulations provide examples of unusual circumstances, including
employer’s failure to answer the telephone number employees are supposed to call to report a leave and/or absence and the employee is unable to
comply with the policies and procedures because he or she is seeking emergency medical treatment. Additionally, employees must explain sufficiently
the reasons for leave so that the employer can determine whether the leave may qualify as FMLA leave. Calling in sick is not sufficient notice to
trigger an employer’s obligations under FMLA.
FMLA administration continues to be complex and cause a myriad of issues for employers. However, the new regulations seek to clarify FMLA
administration and implement certain new “bright-line” rules for when FMLA may or may not apply to an employee’s leave. Anyone practicing in
the area of employment law or who may otherwise have interest in the changes in FMLA administration should access a full copy of the new
regulations and review them carefully. A copy of the new regulations, which include forms for the notices referenced herein, can be obtained online
from the DOL’s Wage and Hour Division website on the revisions to FMLA regulations at http://www.dol.gov/esa/whd/fmla/finalrule.htm.
Jennifer E. Lockshaw, Esquire
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LEGALINES - JANUARY / FEBRUARY 2009
GIFTS SPONSORS FOR THE ANNUAL SECRETARIES’ LUNCHEON
On behalf of the Mahoning County Bar Association, we would like to thank the following sponsors for the beautiful gifts at the Secretaries’
Luncheon which was held on December 5, 2008 at Mr. Anthony’s:
Anzellotti, Sperling, Pazol & Small Co.,
L.P.A.
Atway & Cochran, LLC
Jennifer Boyle Beck
Betras, Maruca, Kopp & Harshman LLC
Attorneys George G. Briach
& Richard N. White
Butler Wick Trust Co.
Attorney Diane L. Chermely
Comstock, Springer & Wilson Co., L.P.A.
Attorney Anne Frederick Crawford
Attorney Edward C. Czopur
Daily Legal News
Davis & Young, L.P.A.
Attorney James B. Dietz
Honorable Gene Donofrio
Attorney Charles E. Dunlap
Attorney Craig Carr –
First Place Bank/Legal Department
Attorney Alfred J. Fleming
Attorney James G. Floyd
Friedman & Rummell Co., L.P.A.
Attorneys Robyn R. Gallitto
& Anthony Siciliano
Attorney James S. Gentile
Harrington, Hoppe & Mitchell, LTD.
Henderson, Covington, Messenger, Newman
& Thomas Co., L.P.A.
Attorney J. Gerald Ingram
Attorney Benjamin Joltin
Attorney William G. Kalasky
Attorney Charlie A. Kidder
Honorable R. Scott Krichbaum
MCBA Foundation
Honorable Robert P. Milich
Nationwide Insurance Trial Division –
Canfield Office
Newman, Olson & Kerr
Attorney Albert J. Ortenzio
James L. Pazol Mediation Services
Attorney Robert W. Price
Attorney Lawrence H. Richards
Attorney Jennifer R. Robbins
Attorney Gary J. Rosati
Rossi & Rossi
Attorneys Robert N. Rusu, Jr.,
Joseph D. Lane & Charlene E. Burke
Attorneys Linda Martin Saunders
& Phillip S. Arbie Co-Chairs of the LAC Committee
Attorney Leonard D. Schiavone
Attorney John F. Shultz
Attorney Ronald E. Slipski
Wellman, Jeren, Hackett & Skoufatos Co.,
L.P.A.
Williams & Apple
Attorney Ronald D. Yarwood
8
A TIME TO GIVE. Contributions of food were made to the Rescue Mission by those attending the
Annual Secretaries’ Luncheon on Dec. 5, 2008. Shown with the donations are (from left) Attorney Chris
Schiavone, Eileen Rinehart and Attorney Jamie Dietz who all work at Friedman and Rummell Co.,
LPA. Eileen Rinehart was also honored at the holiday event as the secretary with the most years of service.
LEGALINES - JANUARY / FEBRUARY 2009
“BOMBING” AT MCBA SECRETARIES’ LUNCHEON
All who attended the Annual Secretaries’ Luncheon at Mr. Anthony’s on December 5, 2008, know the headline above is merely journalistic hype
designed to grab your attention. The bomb at the luncheon was none other than “What’s-His-Name”, the quasi-ventriloquist comedian-ish talent
terrorist suicide bomber guy. We won’t soon forget What’s-His-Name. Someday, he may be more infamous than the strippers at a previous
Luncheon!
Now, we have to just calm down and take a step back. The only thing that really matters here is whom we should blame for this bomb. The answer
is simple – the MCBA Banquets Committee. The Banquets Committee is responsible for booking the talent – and I use the term “talent” loosely.
Attorneys Tom Wright and Chris Schiavone are co-chairs of this dirty little guild. But Tom and Chris may be just the first level of this conspiracy
– merely puppets with plausible deniability. I’m not afraid to look past these two – right to the top. Let’s take a closer look at our former MCBA
President Jerry Ingram who also just happens to be the Banquets Committee liaison to the Trustees and was supposed to emcee the luncheon. I
didn’t see Jerry there, did you? COINCIDENCE? I think not. Jerry obviously had insider information that the entertainment was going to stink
on ice and conveniently booked a last minute “vacation” so he could be out of town leaving YOURS TRULY to fill in as the emcee. Why me? They
needed a patsy – and there I was. Basically I was there as an innocent volunteer to help pass out the gifts, sitting at the head table with a plate of cold,
soggy chicken like a deer in the headlights. All the while, the lot of you glaring at me from behind your sub-par (mousse substitute) desserts with
your assumptive, judgmental eyes - text bombing me while What’s-His-Name is just bombing. I WILL NOT BE MADE A FOOL OF! I DEMAND
A FULL INVESTIGATION!!
Michael D. Harlan, Esquire
IN MEMORIAM
The Mahoning County Bar Association honors those members who have died during the last membership year. The Annual
Memorial Service will be held on May 21, 2009 in Judge Beth A. Smith, Domestic Relations Court at the Mahoning
County Court of Common Pleas. Since the last issue of Legalines, we have lost two of our members:
Attorney Robert C. Gilliland
Birth Date: 10/24/1924
Death Date: 12/8/2008
Bar Admission: 4/1959
Honorable Julius A. Zlotnick
Birth Date: 7/21/1917
Death Date: 12/10/2008
Bar Admission: 2/1948
Effective Februaury 2, 2009, modifications to the Local Civil and Criminal Rules by
the U.S. District Court, Northern District of Ohio.
Copies may be picked up at the Bar Association.
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LEGALINES - JANUARY / FEBRUARY 2009
WELCOME TO THE MAHONING COUNTY BAR ASSOCIATION
ADMITTED DECEMBER 2008
Attorney Carla J. Baldwin
Attorney Matthew H. Gambrel
Attorney Megan M. Graff
Attorney James P. Moore
Attorney Ronald J. Rowe
NEW ADDRESS? LET US KNOW.
In order to keep the Mahoning County Bar Association mailing addresses phone numbers, and e-mail addresses current, we are asking that if you
have made any changes in the past year, and have not sent your changes to the Bar office, please do so now. This is important so that you receive
all necessary information regarding MCBA. Please contact us at (330)746-2933 or you can email us at [email protected].
THANK YOU!
Attorney Carla J. Baldwin
1291 Stonington Dr.
Youngstown, OH 44505
Telephone – 330-770-7905
Attorney Jennifer Boyle Beck
3685 Stutz Dr., Ste. 100
Canfield, OH 44406
Telephone – 330-702-0200
Fax – 330-702-0204
Attorney Terrence F. Cloonan
Huntington National Bank (YTO20)
23 Federal Plaza
Youngstown, OH 44503
Telephone – 330-742-7031
Fax-0330-742-7091
Attorney Matthew H. Gambrel
7374 West Blvd., Apt. #204
Boardman, OH 44512
Telephone – 720-8929
Email – [email protected]
Attorney Megan M. Graff
Comstock, Springer & Wilson Co., L.P.A.
100 Federal Plaza East, Ste. 926
Youngstown, OH 44503
Telephone – 330-746-5643
Fax – 330-746-4925
Email – [email protected]
Attorney Renee DiSalvo LaCivita
323 Melrose Ave.
Boardman, OH 44512
Telephone – 330-782-2710
Email – [email protected]
Attorney John P. Laczko
3685 Stutz Dr., Ste. 100
Canfield, OH 44406
Telephone – 330-702-0200
Fax – 330-702-0204
Attorney Frances Martin
P.O. Box 107
Ellsworth, OH 44416
Telephone – 330-547-3327
Email – [email protected]
Attorney James P. Moore
8115 W. Calla Rd.
Canfield, OH 44406
Telephone – 330-533-3634
Fax – 330-533-3689
Email – [email protected]
Attorney Ronald J. Rowe
6717 Shawbutte
Poland, OH 44514
Telephone – 330-757-8369
Email – [email protected]
Attorney J. David Sabine
Huntington National Bank (YTO20)
23 Federal Plaza
Youngstown, OH 44503
Telephone – 330-742-7021
Attorney Roklyn M. DePerro Turner
3685 Stutz Dr., Ste. 100
Canfield, OH 44406
Telephone – 330-702-0200
Fax – 330 -702-0204
ACHIEVERS
In each issue of Legalines, our Bar Association will recognize the professional achievements and the valuable contributions that our members are
making toward the betterment of our community and our profession. If you or someone you know is deserving of recognition, please let us know.
Attorney Robyn Gallitto will be honored at the 13th annual Spring Italian Dinner and Show on March 6 at the Georgetown. A trustee for
Boardman Township, Attorney Gallitto is also involved in Boardman Rotary, Junior League of Youngstown and the Potential Development
Program, Inc. The event is sponsored by Tony Trolio’s Ciao Promotions.
Attorney Matthew Gurbach has been elected to membership with Harrington, Hoppe and Mitchell Ltd. Working from the firm’s Youngstown
office since 2003, the recent action makes him one of the owners of the firm.
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LEGALINES - JANUARY / FEBRUARY 2009
OUR HELP IS CONFIDENTIAL
The Lawyers Assistance Committee is a highly confidential committee of lawyers and judges
willing to help support other lawyers and judges who are experiencing problems with alcohol,
substance abuse, depression and stress.
Lawyers Assistance Committee members are ready and willing to offer confidential assistance.
Linda Martin Saunders, Co-chair....1-330-317-1333
Phil Arbie, Co-chair………………... 330-399-5518
Hon. Mark A. Belinky……………… 330-740-2310
Richard B. Blair.................................330-480-5241
Edward L. Carson………………….. 330-545-3424
Carmen Codjoe…………………….. 330-744-1111
Dominic DeLaurentis……………… 330-740-2168
Anthony Donofrio…………………. 330-774-1403
Hon. Gene Donofrio......................... 330-740-2180
Hon. John M. Durkin......................... 330-740-2168
William Scott Fowler………………. 330-746-5643
Heidi Hanni………………………… 330-746-6301
Hon. R. Scott Krichbaum……………330-740-2156
Renee LaCivita……………………… 330-746-8484
Mark G. Mangie……………………..330-726-1444
John McNally, IV…………………… 330-740-2130
Stephen W. Meloy ............................ 330-757-1898
Jeralyn Goldberg Mercer……………. 330-533-8315
Thomas L. Mikulka………………….330-799-2200
George B. Sofranko, Jr........................330-743-9509
Marc S. Stein………………………... 330-744-0247
Thomas M. Vasvari…………………. 330-729-1090
Ohio Lawyers Assistance Program, Inc. (OLAP)..........l-800-348-4343
Scott Mote, Director, Columbus, Ohio
Paul A. Caimi, J.D., CCDC-1…………………………1-800-618-8606
Ohio Lawyers Assistance Program, Chagrin Falls, Ohio
Our Mission is:
To inform members of the Bar regarding mental health issues and the diseases of
alcoholism and chemical dependency and to provide services through education,
intervention, advocacy and support for those suffering from these diseases.
If you or anyone you know is in need of confidential assistance, please contact any
of the above members, the Bar Office or the OLAP Hotline.
ADVERTISE IN OUR LEGALINES
One Issue
1/4 Page
$150.00
1/8 Page
$100.00
1/16 Page
$75.00
1-1/4" x 2-1/2"Page
$40.00
(Business card size)
Half Page
$300.00
Whole Page
$600.00
for Color w/whole page
Additional $400.00 per issue
BOARD OF TRUSTEES MINUTES
THE MAHONING COUNTY BAR ASSOCIATION BOARD
OF TRUSTEES MAKES AVAILABLE TO ITS MEMBERS
THE MINUTES OF ITS MONTHLY MEETINGS. ANYONE
INTERESTED MAY VIEW THE MINUTES AT THE BAR
OFFICE MONDAY THROUGH FRIDAY FROM NINE TO
FOUR.
To experience the Private
Client Group and the
wealth management
services offered, please
call Karen Segesto at
330.742.4547 or Karen A.
Abrams at 330.742.4255
0590
11
$1,500.00
$2,400.00
Please call Kathy at the Bar Office at 330-746-2933 if you are interested
or have any questions.
Daniel J. Mumaw
7178 W. Blvd.
629-8860
24 N. Phelps Street Ph. 746-3291
755 Boardman-Canfield Rd. Ph. 965-2290
6 Issues/year
$600.00
$400.00
$300.00
$240.00
LEGALINES - JANUARY / FEBRUARY 2009
Calendar of Events
Monday, February 16, 2009
President’s Day
Mahoning County Bar Association is CLOSED!
Thursday, February 26, 2009
Sixth Annual Pool Tournament & Mixer
Camelot Lanes
6:00 p.m. – 11:00 p.m.
Friday, March 6, 2009
Review of Auction & Real Estate Law Seminar – CLE – 1 hr.
Speaker – Jeff Byce, Auctioneer & Realtor
Bar Office
11:30 a.m. - Registration
NOTICE TO ALL MCBA MEMBERS
THE PARKING AT THE BAR OFFICE IS RESTRICTED TO FOUR (4) SPACES IN FRONT OF THE BUILDING. ALL OTHER PARKING
SPACES ARE PAID RESERVE PARKING FOR OTHER OFFICES. IF YOU HAVE BUSINESS AT THE BAR OFFICE AND THE FOUR
SPACES THAT ARE MARKED MAHONING COUNTY BAR ASSOCIATION ARE TAKEN, YOU CAN THEN PARK IN THE LOT
BEHIND THE FORMER BAR OFFICE BUILDING. JUST TELL THE ATTENDANT THAT YOU HAVE A MEETING AT THE BAR
OFFICE.
IF A BAR ASSOCIATION MEMBER NEEDS TO PARK IN THE BAR OFFICE LOT, PLEASE INFORM THE BAR STAFF.
Mahoning County Bar Association
114 E. Front Street - Suite 100
Youngstown, Ohio 44503
PRESORTED
STANDARD
U.S. POSTAGE
PAID
Youngstown, Ohio
Permit No. 225
LEGAL LAUGHS
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