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Sadly, many nursing home residents and/or their families feel compelled to place video surveillance systems in the resident’s room. This is so because video surveillance can be a powerful deterrent to abuse and neglect; it can often assist in identifying and punishing the perpetrators of these offenses; and, it can be of an immense benefit to residents and their families in civil damage law suits. Just last year in Pennsylvania, hidden video surveillance helped the Commonwealth’s prosecutors convict nursing home employees of crimes of abuse and neglect, and has assisted our firm in recovering reasonable compensation for those affected by this senseless conduct. The countervailing force against video surveillance in nursing homes is of course the loss of privacy.   The resident, for one, may object to live in a proverbial fish bowl, with little or no privacy, and to some, a substantial loss of dignity.  The resident’s roommate would have substantially the same rights; and, to a lesser degree, employees and visitors have certain reasonable expectations of privacy. Often times, the resident and/or the family believe it is perfectly acceptable to place hidden cameras in the resident's room without notice to third parties.  Unfortunately, placing hidden video cameras in Pennsylvania's nursing homes can, in certain circumstances, violate federal and state laws. For instance, in Pennsylvania it is a criminal offense to record audio without the consent of the person being recorded.  This conduct thus violates Pennsylvania's wiretapping laws. Those found guilty of the crime are subject to criminal and civil penalties, including actual damages, $100 per day, or $1000, whichever is greater, along with punitive damages, litigation costs and attorney’s fees. So, before you hit that "record" button, make sure you are not recording conversation without the consent of the other party. That being said, Pennsylvania has no law that makes it criminal offense to place a hidden video surveillance camera (again no audio) in a resident's room.  However, the conduct may violate The Omnibus and Reconciliation Act (OBRA), a federal law that regulates the conduct of all nursing homes doing business in the United States.  This law states that skilled nursing facilities must promote and protect patient rights, including, "he right to privacy with regard to accommodations, medical treatment, written and telephonic communications, visits, and meetings of family and of resident groups. " Accordingly, if the nursing home facility locates the video surveillance camera, they are authorized by law to remove it.  Moreover, the nursing home facility is within their right to refuse to allow video surveillance in the resident's room going forward.  Still, many nursing homes approve the use video surveillance provided that the appropriate consents and surveillance parameters can be agreed upon.  For example, the facility, in addition to acquiring all necessary consents, may require visible postings to warn individuals that the area is under surveillance. While the Pennsylvania Health Care Association, with nearly 450 long-term care providers as members, has not made any rules on the use of video cameras, there are many elder advocacy organizations that support the use of video surveillance when the resident consents and privacy safeguards are in place. “You’re dealing with a vulnerable population and if a resident wants that to feel more comfortable, we certainly think they have right to have that type of monitoring,” said Amity Overall-Laib, a manager at The National Consumer Voice for Quality Long-Term Care. Moreover, the American Association of Retired Persons (AARP) has a national policy supporting the use of cameras for communication and surveillance, said Ray Landis, advocacy manager for AARP. As intimated above, there is no law in Pennsylvania that requires a nursing home to place video surveillance cameras within its facility, even if the resident consents to placement.  Accordingly, when choosing a nursing home facility for you or your loved one, you might consider raising this issue with the nursing home facility’s administration. 18 Pa. Cons. Stat. § 5703, et seq. sets forth the law concerning the interception, i.e. recording, of a communication.  Unless falling under an enumerated exception under this Act, the interception, disclosure or use of wire, electronic or oral communications, a person is guilty of a felony of the third degree if he: (1) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication;... 18 Pa. Cons. Stat. § 5725 42 U.S.C. § 1395i-3(c)(1)(A)(iii) (1994). Pennsylvania.http://publicsource.org/investigations/eye-inside-do-cameras-nursing-homes-protect-or-intrude#.Vf9gH1r3arU Id. Id.

I recently attended the Steel City Big Pour, a craft beer and food festival held at Construction Junction. This year marked the ninth year that the event has been held, and from the reviews of attendees, it sounded like this year’s event was the best yet. With more than 40 brewers offering samples of up to four different beers each, and more than 20 food vendors, there was certainly something for everyone to enjoy. One of my favorite aspects of the event was having the chance to try new brews from some of my favorite breweries, while still being able to sip some old favorites. The event created a smartphone app, which allowed participants to rate each beer that they sampled, so you could see how each beer was ranked. Checking on the rankings every now and then to see what was in first place alerted me to some new beers to try, even though I did not always agree about what should have been a top-ranked beer. A lot of the brewers put out their fall beers, so I got to taste a good variety of pumpkin-flavored beers as well. The food was also incredible. There were tacos, pulled pork sliders, gourmet grilled cheeses, pretzels and tons of different kinds of macaroni and cheese, and these were just the food items that I personally sampled. A major perk of the Big Pour is definitely the venue. So many food and drink festivals are held outside, and subject to less than ideal weather, particularly this time of year. When these events are held inside, however, it can get really hot, crowded and overwhelming. Construction Junction’s warehouse provides the perfect solution to both of these problems. Attendees can venture outside for some fresh air, but there is plenty of space, with the high ceilings and wide aisles, for those who wish to remain inside without feeling trapped. Not only is the Big Pour a great opportunity to sample some of Pittsburgh’s very best food and drinks, it is also a major revenue-generating event for Construction Junction, a non-profit building material reuse retailer, whose main goal is to promote conservation through the reuse of all kinds of building materials. In addition to reducing waste and recycling, Construction Junction also pairs with Goodwill and the Trade Institute of Pittsburgh to provide job training and placement programs to help Pittsburgh residents, particularly those with disabilities, find employment. The funds that Construction Junction receives from hosting the Big Pour are used to help facilitate these programs, pay rent and utility bills, provide pick up and drop off services for reusable goods, and explore new partnerships to expand material reuse. I look forward to attending the Big Pour in future years, and if you are ever looking for a great event in the Pittsburgh area, this would be one to check out. Whether or not you are a big craft beer enthusiast, the Big Pour is a great chance to sample some new beers, enjoy some delicious food, socialize with hundreds of other participants and support a great organization.

Each and every day brings a new series of challenges, surprises, joy, sadness and many unpredictable events that can activate all sorts of emotions. Sometimes we find ourselves anticipating what we believe tomorrow may bring and then tomorrow comes and the situation for that day has you wondering how things happen.  Sunday was one of those situations for me. It was supposed to be a day of relaxation and some leisurely fun.  Watching some Steelers football, enjoying the kids and taking in the beginning of fall weather, but it ended up becoming a worrisome night with little sleep. My husband owns some rental properties and on occasion, you have a tenant that wants to “skip” out on paying up.  Generally the kind of person who has those kind of scruples doesn’t leave the place in such good shape.  My husband has been doing this for more than 30 years now though, and he deals with it and moves on while trying to maintain a positive outlook. My husband was alerted by a neighbor near one of his properties that a tenant did just that - moved out.  So he went to the home and aside from finding the place in shambles, he found seven kittens that were clearly two different litters and found only one mama.  No food, nothing - left behind as if they were discarded meaningless possessions for someone else to clean up and get rid of.  In all our years of owning rental property, I have seen many things, but never anyone leaving behind a living creature to see if it would survive. Those kittens and that mama came to my home.  We spent hours trying to de-flea, feed and care for these beautiful little gifts from heaven.  Pictured above is one of the bigger ones. The reality set in that we really needed some help because they were so very frail and their chances for survival appeared more bleak than we initially thought.  Blood dripped from them as we tried to get the fleas under control.  Some couldn’t even walk or try to eat and drink.  The mama…well, she was only the mother to three of them so, she didn’t want to feed the others. I began reaching out to friends, family and neighbors.  The neighbor kids came over and helped keep them warm by wrapping them in blankets and offering a gentle hand to hold and cuddle them.  Phone calls were made, decisions and arrangements were being discussed.  We put them to bed with a heat lamp to keep them warm. That night, I didn’t sleep very much mostly because of the worry.  I knew I had to have a plan of action in place and I realized that this was something far beyond my own ability to fix. My mind raced with thoughts about  why people do the things they do. When I arrived at work on Monday, I immediately emailed everyone in the office explaining the situation.  One reply came from a co-worker who put me in touch with some ladies she knew from Ohio who started their own non-profit organization. That’s when I met Beth and Ashley from the Back Street Cat Rescue. These ladies took these kittens in and the mama, too.  They dedicate their lives to rescuing cats and kittens.  I immediately felt relief knowing they would be in the hands of rescuers and I met with them immediately after work. Some of the stories Beth and Ashley shared were of unbelievable cruelty and heart wrenching circumstances of what people do to animals - from abuse to abandonment and it happens every single day.  These women run the rescue out of their own pockets and rely on charitable donations, but when those donations don’t come in, they keep the organization going on their own dime.  It’s not for them. It’s for any cat or kitten that was no longer a priority to their owner -  a discarded possession that deserved good care and love. If you are ever looking for a cause to support, I suggest you consider this one - Back Street Cat Rescue, 214 Maple Ave, Bethesda, Ohio 43719. I learned first thing this morning one of the little seven, didn’t make it. That’s my situation for today.

Many people in West Virginia do not own the minerals under their property. They only have what we call “surface rights.”  Surface rights allow us to live on and use the surface of the land, but do not include ownership interests in items such as coal, oil and natural gas.  It is disappointing to find out that as a surface owner you cannot benefit from the tremendous amount of money that has been coming into the area for the last seven to eight years from oil and gas operators.  What is more disappointing, however, is to find out that those oil and gas companies may still be able to come onto your property to try and get the oil and gas out from underneath of it.  Mineral owners and those companies obtaining leases from those owners have implied rights that can possibly permit them to come onto the surface overlying their minerals.  The traditional thought was that the minerals under the property really have no value unless you can get to them and use them.  Therefore, even if a deed which severed the mineral and surface rights apart is silent on the subject of surface rights, the mineral owner has implied rights to use the surface of the property.  What does that mean?  Can the gas company build a road on your property?  Can the gas company put in pipelines or electric lines?  Can the company drill a well site on your property?  The West Virginia Supreme Court has typically upheld the rights of mineral owners to do what is “fairly” or “reasonably necessary” to extract their minerals.  Gas companies have been pushing these rights to the brink of fairness and reasonableness in recent years.  The advent of horizontal drilling and hydraulic fracturing has made it possible to develop many hundreds of acres of mineral rights from one drill site.  That drill site, however, is much larger and involves much more equipment and potential pollutants and emissions that the traditional oil and gas well sites which were drilled over the preceding 100 years before the Marcellus and Utica Shale plays.  Modern drill sites can be 10, 15 and 20 acres.  There have been ponds installed; there are compressors, dehydrators, heaters and many other types of noisy and potentially dangerous pieces of equipment involved.  Can an oil and gas company put one of those well sites on your property if you only own your surface and not the minerals?  They are certainly trying to. We believe that oil and gas companies, by in large, do not have such broad implied rights to use your property.  Cases decided in the area of coal mining law have long held that mineral owners might have the right to use a piece of surface property to get the mineral under that property, but not to get to minerals located under other people’s properties.  This idea has been extended to the concept of oil and gas law in other cases and many legal scholars agree that oil and gas companies should not be permitted to force their way onto a surface owner’s lands to conduct production operations which will produce gas from separate unrelated properties.  This concept is a tool to help surface owners fight back against large horizontal drilling operations on their property.  There is actually an argument that drilling horizontal wells against the wishes of a surface owner can be considered trespassing.  Bordas & Bordas is already representing several surface owners who have been approached by oil and gas companies seeking to use our client’s surface to drill massive horizontal well sites.  Often these cases result in the oil and gas companies actually filing suit against the surface owner to try and enforce their alleged rights.  It is important to know that even if the oil and gas company has certain implied, or even express, rights to enter your land, it cannot do so in a manner which “unduly” or “substantially” burdens your use of the surface rights.  Finally, even if the company does have a right to be on your property, there are several avenues available to help you get compensation for the damages to your property and, potentially, the decrease in your property value.  If you are a surface owner who has been approached about operations on your property, feel free to call us to get a no obligation consultations about what rights you might have.  Even if a gas company has already drilled on your property, it may be possible for you to purse several different avenues of recovery to be compensated for your loss.

It wasn’t long ago that my wife, Brenda, and I were discussing vacation plans. Where could we go to “unplug” for a few days? We considered a couple of old favorites.  Years ago we went to a rustic campground in the mountains.  We also considered Sugar Creek, Ohio, nestled in the midst of Amish country two hours away. Then Brenda threw out another suggestion.  How about Lancaster, Penn.?  True, it’s a little further away, but it has all the Amish amenities and a theater that performs wonderful Christian-themed musicals.  The musical that was playing through the fall was called “Joseph.”  I was intrigued.  Then Brenda sweetened the pot.  Maybe we could also make a day trip to Gettysburg and tour the battlefield. Now I have to stop right here and tell you that I’m a bona fide history geek.  I loved taking history classes, I minored in history in college, and I’ve always been a rabid reader of history books.  Gettysburg was, and still is, one of my favorite battles to study.  So when Brenda suggested a trip that included Gettysburg, I jumped at it. That’s when she blindsided me.  I didn’t even see it coming:  “Maybe we could take one of the horseback riding tours.” As you can probably guess, Brenda loves horses.  She’s ridden for many years and is very comfortable in the saddle.  I’ve only ridden once--and, to be honest, I wasn’t anxious to repeat the experience.  But how could I say no?  Brenda had stretched herself by agreeing to do something that I liked.  Why shouldn’t I?  Even if I was secretly scared to death?  I must have muttered something that sounded like “yes” because in a day or two all of the arrangements had been made. We left for Lancaster two weeks later, and early Monday morning we made the hour long drive from Lancaster to Gettysburg.  We wound our way through the historic downtown area, and then onto one of the narrow roadways running parallel to the battlefield.  Before long we were sitting in a sprawling parking lot at a nearby campground.  Horses and trailers were visible in the distance. I was introduced to the horse I would be riding.  His name was Prince, and strangely enough he did seem to have a royal baring.  I cautiously stroked his snout, hoping that he didn’t sense any of my fear.  Then I tossed out plenty of complements in a transparent attempt to win his favor.  So far, so good…. I put my foot in the stirrup, breathed deep and lifted myself up into the saddle.  Surprisingly, I felt very safe and comfortable.  The guide gave us a crash course in horsemanship, but she assured us that the horses were well-behaved and very responsive to commands, even for the greenest of riders like me. Soon we were heading toward the battlefield.  Whatever fear I might have had disappeared as we neared the battlefield and I began focusing my attention on what the guide had to say. It turns out we spend most of our time behind the battlefield.  We followed a trail that was over 150 years old and ran directly behind the Confederate lines.  It was used by the Confederates to ferry their messages and supplies during the battle.  We also stopped at a spot near General Lee’s monument that was probably used by Lee as an observation point.  Farther along the trail we saw an old farmhouse.  We were told that Confederate soldiers camped and ate their meals in the neighboring fields.  We also saw General Picket’s headquarters and passed through the woods where Picket’s soldiers waited before their famous charge on the battle’s third and final day. For a history lover, it was an adventure of a lifetime.  I had toured the battlefield itself ten years ago.  But this tour was like taking a peek behind the curtain and seeing the things that actually made the battle possible.  Messages from Lee to his generals followed the same path we took.  It’s said that an army marches on its stomach, and we saw where the soldiers ate, slept and cooked their meals.  Picket’s charge is the most famous part of the battle and we saw where it all began—in the woods where 15,000 men huddled, waiting for the order to advance against the Federal lines. I have a confession to make.  This horseback tour wasn’t just informative and eye opening.  It was actually fun.  Yeah, that’s right.  Fun. Just don’t tell my wife….

What a great time of year to be a sports fan. It's that unique time when baseball races to the pennant at the same time football gets back underway. We are particularly lucky this year in the Ohio Valley given that many of our local teams at the high school level are off to great starts, the Mountaineers, Buckeyes and Fighting Irish are each undefeated and the Pirates continue to make life very uncomfortable for the Cardinals. It's also great to see all the kids in town back in the swing of things. I love driving around and seeing all the kids, coaches and parents busy on all of the local fields, gyms and courts. Just this weekend, my oldest son played for Central Friday night, my youngest son played in his flag football game Saturday morning, my middle son played a hockey game in Pittsburgh and my daughter scored two goals for her soccer team on Sunday afternoon. A special thanks to all of the volunteers that make these things happen for the kids. All around town, caring people devote hundreds of hours to serving as coaches, referees and administrators mostly without pay. Without them, none of it would be possible. So as the weather cools off, go find a game and cheer on your favorite team.

This year I accepted a volunteer position on the board for Appalachian Outreach, Inc. (AOI), which is based in Moundsville, W.Va. Prior to becoming involved with this organization, I had very little knowledge about the great things that were being accomplished by this group.  Its mission is to help relieve the burden of poverty, disaster and the loss of dignity suffered by the people of Appalachia who, through no fault of their own, struggle to meet the basic needs of daily life. Appalachian Outreach was founded by Rose Hart and Diane Reineke in 2001.  In 2002, Appalachian Outreach incorporated and became a 501(c)(3).  In serving this wonderful organization, I have come to realize that I often take for granted the basic needs of daily life.  People faced with poverty and/or disaster often find themselves without food, personal care items, furniture, etc….   AOI gathers and transports new or gently used donated items to impoverished and disaster areas of West Virginia, including our local area, and a few neighboring counties in Virginia and Kentucky.  The donated items are then distributed by organizations, churches or individuals in the area.  AOI continually looks for contacts in counties where accessibility and opportunity are limited and other charitable agencies are lacking or struggle to meet the local need. Donations are crucial to the success of AOI.  We are always in need of donations, whether it be monetary, personal care items, furniture, clothes, household items and toys, just to name a few.  We also appreciate and depend on the many volunteers who donate their time to ensure the success of AOI. So please, if you are looking to get rid of items that may be useful to others or are looking to volunteer, keep AOI in mind because to many people in our communities a little really does mean a lot. For more information about Appalachian Outreach, Inc., visit www.appalachianoutreach.org or contact Rose Hart at 304-845-2762.

September 11, 2001—a day that not only changed the United States of America, but the entire world. That day will always be near and dear to my heart because I was born on September 11, 1997. I can vividly remember my fourth birthday quite clearly, probably one of my earliest memories. While my mother was teaching second graders at Elm Grove Elementary School and my father at work, I played with my babysitter through the day oblivious to everything. At dinner that evening however, I remember re-watching the footage on the television and listening to my parents talk about how life was definitely going to change. A few years later, I ventured to the Big Apple with my mother for a tour of the city and some Broadway shows. After almost riding the Metro to Brooklyn, we found ourselves at Ground Zero. At that point there were no monuments nor construction around, and the ground still lay almost entirely how it was.  As I walked to the fence separating the street from the rubble, I, like most tourists to the area, could not help but cry.  Even still over a decade later, the scene hits me the same way, and no matter how much time passes, I don't think that will change. Although I have not been back to that area since the memorial has been completed, I do intend to visit in the near future. Since 2001, I've learned to embrace the date in a way.  It has furthermore enhanced my pride in American culture and military service. Each year, whether it's merely calling my grandfather, a veteran, participating in a flag raising ceremony at my school, or watching documentaries, I try to honor those who passed that day and those who protect our country. September 11 isn't a day of celebration just because it's my birthday. It's a day that should honor the freedoms we have and how lucky we as Americans truly are to have people voluntarily risking their lives to protect us. As I celebrate my 18th birthday this year, I will continue to show my pride in our country by registering to vote—something I think I am a little more excited about than the average teen. This year how will you honor your country? Do you display a flag outside your house, say the pledge, or vote in annual elections? All are easy ways to show American pride. Wearing red, white and blue is something meaningful. Although I'll be cheering on the football team and sitting through school this year, I'll be sure to take time to still honor the day, a tradition I hope to continue for years to come.

Pennsylvania hospitals can be held liable for harm caused to a patient under two theories of negligence: (1) corporate negligence, and (2) vicarious liability. Corporate negligence is a straight forward "direct" theory of negligence.  For example, a hospital can be found to be negligent if it does not provide industry standard policies and procedures governing the administration of healthcare within its facility, or it can be found to be negligent for substandard hiring, training and/or supervision of its staff. Vicarious liability on the other hand is an "indirect" theory of negligence -- it is a policy-based allocation of risk.  It is sometimes referred to as imputed negligence, most commonly seen in the context of an employment relationship, whereby the employer is held responsible for the employee's conduct.  Vicarious liability can also be applied under the doctrine of apparent agency; otherwise known as "ostensible agency." The Pennsylvania legislature codified the vicarious liability of hospitals under the doctrine of ostensible agency through the Medical Cost Containment and Reduction of Error (MCARE) Act in 2002.  Under the Act, a hospital may be held vicariously liable for the acts of another health care provider through principles of ostensible agency only if the evidence shows that: (1) A reasonably prudent person in the patient's position would be justified in the belief that the care in question was being rendered by the hospital or its agents; or (2) The care in question was advertised or otherwise represented to the patient as care being rendered by the hospital or its agents. Just last week, in the case of Ronald Green, Executor of the Estate of Joseph Fusco, v. Pennsylvania Hospital et al., the PA Supreme Court reversed the decision of a trial court and the Superior Court of Pennsylvania and allowed Mr. Green's case against Pennsylvania Hospital to proceed to a jury.  The Supreme Court had to decide if a genuine issue of material fact existed to allow the decision of whether an agency relationship existed between the defendant hospital and the non-party physician that cared for Mr. Fusco.  For reasons unclear to me, Mr. Green did not sue the doctor, whose alleged negligent conduct caused Mr. Fusco's death, but only sued the hospital.  Therefore, in order for Mr. Green to be able to submit his case to a jury an argue negligence, he had to prove that an agency relationship existed between the doctor and the hospital. Ultimately, the PA Supreme Court determined that under the facts of the case it was for a jury to determine, not the courts, whether the care being rendered could be reasonably viewed as being delivered by an agent of the hospital, a clear victory for Pennsylvania residents. By way of background, Joseph Fusco was admitted to The Pennsylvania Hospital's Intensive Care Unit for respiratory distress and placed on a mechanical ventilator.  A week later, in an effort to wean Mr. Fusco off the ventilator, a tracheostomy was performed.  (A tracheostomy is a surgical procedure to create an opening through the neck into the trachea (windpipe). A tube is usually placed through this opening to provide an airway and to remove secretions from the lungs. This tube is called a tracheostomy tube or trach tube.)  Soon thereafter, a nurse noticed the tracheostomy was “squirting” blood; and, therefore she summoned an emergency response team, which included an Ear, Nose and Throat (ENT) physician.  The ENT determined that there was an obstruction present in the trach tube; and, therefore, the ENT attempted to reinsert an endo-tracheal tube through the trach tube.  Sadly, the tube went into Mr. Fusco's thorax, not into his trachea where the doctor intended it to go. As a result, when medical personnel began to force air through the improperly-placed tube, the air accumulated outside of Mr. Fusco's lungs, causing his lungs and trachea to collapse, suffer cardiac arrest and die. Although it was evident that Mr. Fusco did not select the ENT and accepted care from whomever the hospital appointed to provide the care, the trial court granted the hospital's motion for non-suit and held that Mr. Green failed to offer any evidence that a reasonably prudent person in Mr. Fusco's position would have been justified in the belief that the care in question was rendered by the hospital or its agents.  The PA Superior Court affirmed the non-suit; however, the PA Supreme Court reversed the decision holding that when a hospital patient experiences an acute medical emergency, and a member of the hospital's staff issues an emergency request for additional help, it is more than reasonable for the patient, who is in the throes of medical distress, to believe that such emergency care is being rendered by the hospital or its agents. It is noteworthy to mention that Mr. Fusco died at the Pennsylvania Hospital in 2009 without next of kin.  Mr. Green and Mr. Fusco were in a dedicated same-sex relationship; however, at this time, Pennsylvania did not recognize same-sex marriage and, therefore, in the eyes of the law, their relationship was worthless.  Accordingly, Mr. Green's claim was limited to a "survivor" claim whereby Mr. Green could only seek damages for the pain and suffering Mr. Fusco endured in the moments leading to his death.  Anecdotally, on May 20, 2014, a U.S. District Court ruled that Pennsylvania's same-sex marriage ban was unconstitutional.  Governor Corbett did not appeal the decision, effectively making Pennsylvania the 19th state to recognize same-sex marriage.  As a result, spouses in same-sex marriages are afforded the same rights as traditional spouses and now can maintain claims for wrongful death and loss of consortium.

I have heard it said that if you don't travel it's like reading the first page of a book over and over again. I do believe that some people are born with wanderlust. My Dad used to call me "Linda Go". If a trip was mentioned, I was the first one to pack a suitcase. My son Ben inherited the wanderlust gene. I wasn't sure I'd ever get him back. My husband and son Jamie didn't get the gene, but have developed a modified sense of wanderlust over time. As a child, we didn't go on many vacations. Like most families, money was a factor. I was fortunate that my grandparents moved to Florida when I was 11. A couple of times when we could save enough for a few tanks of gas, we would pile in the car, three in the front and three in the back, for the 24 hour straight-through drive. Bathroom stops were at Howard Johnson's or Stuckey's. If you had saved your own money you could get a Ho-Jo Cola. There were lots of threats to pull the car over if we didn't stop fighting or complaining. Once we arrived we had free room and board and were treated to lots of sightseeing by our grandparents. We learned that alligators run loose in Florida, that wet sand feels wonderful squished between your toes, that palm trees are tall and skinny and that if you're lucky you might see a porpoise or manatee in the ocean. All the people were old and had moved there from other places. Kids came to visit, but not many lived there. The only other relative who was "rich" by our standards was my Aunt in Greenwich, Connecticut, a stone's throw from New York City. She had a boat and a refrigerator full of Coca Cola. And no kids! She was so thrilled when we came to visit that the possibilities were endless. She showed us how tall the Empire State Building was. Really tall to a little girl from West Virginia. We found out that the Statue of Liberty was amazing in real life. She took me to my first zoo, the Bronx Zoo. They never got any better than that. On one of those trips my brother Mike took along his pet reptile in a shoe box. It's name was Ho-Jo, named after...well, you know. I was afraid of it. He would sneak it out of the box and stick it in my face. I would let out a blood curling scream causing my Dad to go off the side of the road. My Aunt told Mike that Ho-Jo could stay in the utility sink in the basement. Unfortunately for Ho-Jo, the hot water dripped all night and he was dead by morning. I had a much more pleasant ride home. After I was married, money was tight again, with much of it going to pay off student loans for Jim and me. Vacations were still the drive to Florida. As we would start out the door, Jim would belatedly ask if we had any money. I would smile and hold up the dollars I had squirreled away in the credit union as a payroll deduction. I wasn't missing out on a trip. I even had enough to spend the night in Atlanta on the way. We found out that it was hard to understand people from Georgia unless you listened very carefully. We discovered a place called Underground Atlanta with more restaurants and shops than I had ever seen in one place. Once we had children who were old enough to appreciate it, we tried to make travel part of their education. They learned to buy knock off watches out of briefcases on the streets of Manhattan and saw their first Broadway play. They had their first encounter with homeless people living in cardboard boxes on the streets of DC and found out that in Boston "park" was pronounced "pahk" and my name was "Linder". They sometimes asked me if we could stay in a place longer. I told them no, we had to go, but they could always come back. And they have. They have families of their own and are starting to introduce them to new places. They want them to know that it's a big world with a lot to see. They probably won't finish the book. But I know they will read a lot more than the first page.

One of the things I look forward to each September is the start of another Notre Dame football season. One of my best memories is the first Notre Dame football game I ever attended.  I grew up loving football and still do. But, I never attended a Notre Dame game until I was a student. I didn’t quite know what to expect that first Saturday in September 1993.  The Irish were set to face Northwestern.  I got to the game early and found my spot in the student section which was in the North end zone right in front of Touchdown Jesus.  It was a bright sunny day.  Notre Dame kicked off to start the game and the Northwestern returner took a knee in the end zone giving his team the ball at the 20 yard line.  On the very first play from scrimmage, a Notre Dame linebacker stepped in front of a Northwestern pass and returned it for a touchdown right in front of me.  Yep, the first play from scrimmage I ever saw was a Pick 6 run right back at me. I was instantly a Notre Dame football nut. The following week, we were set to play highly ranked Michigan in Ann Arbor.  There were 200 tickets allotted for the entire Notre Dame student body.  You could sign up to enter the lottery and see if your name was one of the 100 lucky winners drawn entitling you and a friend to two of those 200 tickets.  Wouldn’t you know it? Out of 8,000 students, I was one of the lucky ones drawn.  I remember boarding the bus for Ann Arbor at 6:00 a.m. We rode the bus with great anticipation. I saw the Big House for the first time and witnessed what it was like to watch a football game with approximately 100,000 other people.  Notre Dame knocked off that Top 5 Michigan team and was on its way to marching through 10 consecutive wins culminating in a 31-24 win over top-ranked Florida State. I look back fondly on my beginnings as a Notre Dame football fan.  I’m not sure that you could ask for two better memories to begin college life.  Since that time, I have had a lot of joy and heartache following the Irish.  In 2012, I got to watch Notre Dame beat Pitt in triple overtime to preserve an undefeated season.  Later that season, I had a great time in South Beach ruined by a crushing defeat at the hands of Alabama in the BCS National Championship game. But, each September brings a new season and new hope.  Will this be the year that the Irish finally claim the first national title since before I was a student?  I hope so.  But, one thing is for sure.  I will enjoy the ups and downs that each Saturday brings.  And, I hope that everyone else enjoys this college football season too!

Moundsville always has been, and always will be my home. It’s true that for relatively brief periods of time I have resided in other areas—Morgantown during college, Atlanta during my first year of law school, and Wheeling for a few years when I got married—but I have never wavered when asked about my hometown.  It’s always been Moundsville.  I’m proud of our town, what we have survived and what we have to offer.  I suppose it’s that pride that causes me to get so upset when someone treats our town with disrespect. I’m not talking about the folks who just like to run off at the mouth about what a lousy town this is, how there is nothing to do, etc., etc.  Comments like those aren’t really disrespectful, they are just plain incorrect.  The sad truth is that there are lots of people in the world who simply aren’t happy unless they are complaining about something.  It’s pretty easy for me to ignore those folks and to write off their disparaging comments as uninformed blabber.  When I speak of treating our town with disrespect, I am talking about the people who ruin the natural beauty of our community by treating it as if it were their own personal garbage can. I have been fortunate in my life to have had the opportunity to travel throughout most of the United States.  I’ve seen the beaches of both coasts, the Rocky Mountains, the wilderness along the Canadian border, the Northwest forests, the Southern plantations and the deserts of the southwest, and I can say with complete confidence that West Virginia is the most beautiful state in the nation.  Why is it, then, that so many people seem to have no reservations whatsoever about chucking a sack full of trash out of the car window and onto the roadside?  If you think I am overstating the problem, take a few minutes on your way home tonight to really look at the roadside.  It’s embarrassing to say the least. Earlier this year, my buddy Rich and I decided we were going to pick up the trash that had accumulated on the side of the road along Route 250 from the top of First Street to Rankin turn, a stretch of less than a mile.  We concentrated exclusively on the west side of the road, adjacent to the hillside.  In a period of two days, we collected nearly twenty-five 40 gallon bags full of trash.  To put that in perspective, the bed of my full-size pickup truck holds approximately twelve 40 gallon bags.  We picked up two complete truckloads of garbage from a stretch of road that is less than a mile long.  That was four months ago, and I can tell you that if we started again today, we would pick up the same amount or more.  It’s sickening. The economy in our state has been hit really hard over the past 30-40 years.  The coal mines, steel mills and chemical plants that once provided a good living for thousands of families in the Ohio Valley are largely gone.  Experts say that we would be wise to try and tap into the tourism dollars that have flowed so freely into some nearby communities.  We certainly have the resources to do so:  Grand Vue Park, the Palace of Gold, the Cockayne Farmstead House, the Historic Prison, The Strand Theatre, Grave Creek Mound and the Ohio River are only a few of the many attractions available in Marshall County and surrounding communities.  However, if we want to attract tourists and the income that comes with them, we have to present them with a beautiful picture to begin with.  No one would expect people to patronize a restaurant or tourist attraction with an entry that is covered in garbage, yet the major routes that lead into our town are often in that very condition. Frankly, this shouldn’t be an issue of economics.  It should simply be about taking pride in one’s home.  I love my home town, and it makes me angry when someone treats it with disrespect.  I wish more people felt the same way. Moundsville always has been, and always will be my home. It�s true that for relatively brief periods of time I have resided in other areas�Morgantown during college, Atlanta during my first year of law school, and Wheeling for a few years when I got married�but I have never wavered when asked about my home town. It�s always been Moundsville. I�m proud of our town, what we have survived and what we have to offer. I suppose it�s that pride that causes me to get so upset when someone treats our town with disrespect.