Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

For me, as student at Wheeling Jesuit University, school was out for the summer by the second week of May. I had a week to myself before starting my summer internship at Bordas & Bordas. This was mostly spent winding down after final exams and making plans with my friends and family for the rest of the summer. Soon enough I was starting my internship and my summer began to zoom by. The rest of the month was spent Monday through Thursday at the office, and weekends serving at the Wilson Lodge in Oglebay. Spare time was spent relaxing by a campfire, swimming, cutting grass or playing video games when I should have been studying. Oops. The LSAT (Law School Admissions Test) was on June 6, and the time I had to prepare really got away from me in May. After recovering from the test, it was time to get everything ready for a 10-day trip with my fiancée that I had been anticipating all year. Four days were spent camping at the Firefly Music Festival in Dover, Del. I bought the tickets for my fiancée as a Christmas gift, so we’d been waiting a long time to go. Our two favorite bands were going to be playing on the same day, on the same stage, one right after the other. As awesome as it was to see so many mazing artists at the festival, by the end I was so ready for a real bed, indoor plumbing, some A/C and some rest. Fortunately, our next destination would provide me with the first three of those things. The next six days were spent at what has been the highlight of my summer, every summer, for the past eight years - St. Vincent’s Summer Camp. SVS camp is a youth ministry camp for grades seven to 12. I was lucky enough to attend for five years, and this was my third year as a part of the adult volunteer staff. On our way to camp, when we were about 30 minutes away, we found a stray kitten and decided to adopt it. Needless to say, the kitten was a huge hit all week at camp. Like past years as an adult volunteer, I was in charge of the lake and all boating activities. My time also included a shaving cream war, lip sync competition, countless arts and crafts, evening prayer services and more amazing memories than I have time to tell you about. This was one of the best weeks of St. Vincent’s Summer Camp yet, and anyone who attends falls in love with it. My first day back in Wheeling I had to leave in the afternoon and to go to Morgantown, W.Va. for the Miss West Virginia competition. My fiancée had bought us tickets because one of our best friends was competing, and she ended up finishing in the top three. The next weekend was Fourth of July and we set off most of our fireworks on July 3 because the weather wasn’t great on the fourth.  I believe I had nothing but hot dogs over the fire for almost every meal that weekend. One week later, it was my 21 st birthday! My fiancée put together a big surprise party at Generations with my family and friends. It was such a good time, and I received plenty of alcoholic gifts. My night somehow ended with a game of Monopoly. The next couple weeks were mainly focused on work and finishing up things here at the office. Plenty of reading and typing to tie up the loose ends of the project I’d been working on during my time at Bordas & Bordas. Luckily, I was assigned something I found interesting, and everyone at the firm is very friendly and easy to talk to. It has been an excellent summer so far, and I’d like to thank everyone who’s made that possible. Time to get ready for the beach!

We probably have all thought about the need for a Will, but all too often put if off saying that we will get to it later. The problem is that sometimes things happen unexpectedly and then it’s too late.  I am just as guilty as the next person, so I thought I would write a blog to talk about the reasons why having a Will can be so important. There are many reasons why you should make sure you have a Will.  It seems like we have all heard, at one time or another, the dreaded story of someone passing away and the family ending up in a war over the estate.  Things can get pretty ugly.  A Will allows you to decide how your estate will be distributed, which can help to avoid, or at least minimize, the chances of such a war.  In West Virginia, if you die without a Will, your estate goes according to the Intestate Succession laws, so if you want to be certain that specific people inherit specific property it is in your best interest to make sure you have a Will. If you have a minor child, a Will allows you to appoint a person you wish to raise your child or, maybe even more important, allows you to make sure that someone you don’t want raising your child does not get appointed.  Again, if you don’t have a Will, the Court can choose the appropriate guardian for a minor child if it becomes necessary. Thus having a Will can be very important to a parent if something should happen unexpectedly.  Having a Will can also help your family by making the process go more smoothly and quickly.  This can be helpful during an already emotional and stressful time. Many people worry about making a Will and then being stuck with it forever.  It is important to know that your Will can be changed at any time, as long as you are still living and competent.  Many of us go through life changes, such as divorce, deaths of loved ones, etc., making the need arise to change our Will.  Finally, depending on the value of your estate, a Will can help to minimize your estate taxes.  There are many other reasons for having a Will and these are just a few. Keep in mind that you can write your own Will in West Virginia if it meets certain requirements.  However, this is one of the most important decisions you will ever make, so having the assistance of an attorney to ensure that your Will does what you want it to is extremely valuable.  If you have a need for a Will or you need to change your existing Will, you should contact an estate planning attorney to discuss your particular situation.

In the case of McLaughlin v. Garden Spot Village of Akron d/b/a Maple Farm Nursing Center, the Pennsylvania Superior Court denied the defendant nursing home's attempt to shield its employee from testifying about the employee's report of abuse of an elderly resident to the Lancaster County Office of Aging. Plaintiffs, Ms. Vickie McLaughlin and Carol L. MacConnell, as co-administratrices of the estate of Dorothy L. Brace, sued the nursing home, and Glenn Hershey, a former resident of the nursing home after Hershey sexually assaulted Brace during their residency.  Hershey was a registered sex offender before he assaulted Brace. Hershey subsequently pled guilty to involuntary deviate sexual intercourse and received a sentence of eight to 20 years of incarceration. Brace passed away 10 months after the assault from unrelated causes. Plaintiffs alleged that the nursing home was aware of the threat Hershey posed to Brace. Plaintiffs sought to depose Carrie Kneisley, a nursing home employee, and examine her about what she told the office of aging.  The nursing home filed a motion for a protective order, arguing Kneisley’s testimony is privileged under the Older Adults Protective Services Act, 35 P.S. § 10225.101 (the "Act"). The trial court denied the nursing home's motion and permitted the deposition to go forward under seal. The nursing home filed an immediate appeal to the PA Superior Court. Section 302(d) of the Act provides, “Any person participating in the making of a report or who provides testimony in any administrative or judicial proceeding arising out of a report shall be immune from any civil or criminal liability on account of the report or testimony unless the person acted in bad faith or with malicious purpose.” 35 P.S. § 10225.302(d). Analyzing § 302(d), the court determined that Section 302(d) protects persons who become witnesses in a judicial proceeding from criminal or civil liability based on their testimony, but does not preclude their testimony. Chapter seven of the Act (“Reporting Suspected Abuse by Employees”) addresses employee reports of abuse of recipients. 35 P.S. § 10225.701(a)(1).  Section 701 requires an employee to report suspected abuse of a recipient to the agency and potentially to law enforcement. 35 P.S. § 10225.701(a), (b). Section 705 governs the confidentiality of reports made under Chapter 7. The court held that if Kneisley made such a report, §705 protects the confidentiality of that report. § 705(e) also precludes the “release of data” that would identify the reporter. 35 P.S. § 10225.705(e). In this case however, the court concluded that § 705 cannot support the nursing home's argument because Plaintiffs are not seeking an agency report.  The court found nothing in § 705(e) that prevents Kneisley from testifying in a civil action arising from the alleged abuse.

In 1993, before Bill Clinton stepped into the oval office, President George H.W. Bush wrote him a letter. Short, gracious and encouraging, the letter conveyed the departing President’s honest good wishes for the success of the man who had defeated him in a tough election. His letter conveys the overwhelming sense that Clinton was now the President of the whole country — George H.W. Bush’s President as much as anyone else’s. The letter-writing tradition has continued, but the letters don’t always become public. Clinton and Bush ’41 famously became good friends after their terms were all complete, and raised vast sums for charity together, particularly in the aftermath of the 2004 earthquake in Indonesia. George W. Bush has been accounted an exemplary former President. Despite the increasing acrimony of our politics, he exited the stage in 2009 and has never sought to interfere in his successor’s work. But our Presidents are treating each other a lot better than the rest of us are treating them. When Clinton ’42 won, he won only a plurality of popular votes (Ross Perot got 19 percent). Though he won decisively in the electoral college, some never accepted the legitimacy of his Presidency. After he was reelected resoundingly, the seed of that plurality victory in 1992 grew into the disastrous and pointless effort to impeach him during his second term. George W. Bush won the closest race ever — losing the popular vote and winning the electoral college by the disputed margin in Florida. Nonetheless, even after the Supreme Court settled the issue and he became President Bush '43, even greater numbers of Americans refused to accept the legitimacy of his Presidency. The increasing rancor in Congress as a result sowed the seeds for the total dysfunction we see in the legislative branch today. Of course the most recent Presidency has been denied more than any other. Absurd allegations that President Obama is not an American at all, that he was born in Kenya, or Indonesia, or that he is a secret Muslim impostor, flourished on the right wing throughout his Presidency, and have only been given up grudgingly, now that his terms are coming to an end. “Not my President” is an expression that has gained real currency. This must not continue. In a healthy democratic process, the legitimacy of the winning candidates must come not only from the free casting and accurate counting of the votes, but from the acknowledgements of the losers. Concession speeches are deeply meaningful events because they signal to those who supported the loser that their man or woman lost fair and square, and that the winner takes office. The gracious acceptance of the concession helps the winner transition from what might have been a hard-fought contest to the realization that he or she is now the Delegate, the Senator, the President of everyone, not just the people who voted his or her way. This time around, we appear to be in worse shape than ever on this score in our Presidential race. Both parties, I think it is fair to say, are seeking not only to win the election but to totally delegitimize the opponent. In respect to Donald Trump, who I believe would be a terrible President, I’ve done it myself. A few weeks ago, I called him a " moral catastrophe." Maybe that's too strong. But it’s not the furthest out there by any means. We see persistent allegations that one candidate or the other is “disqualified” and outrageous calls for Hillary Clinton to be jailed or even executed. We can be certain that Bush ’41 wanted to win and thought himself the better candidate in 1992. But he realized that far more important than his presidential preference was the peaceful and orderly transfer of power that has allowed us to keep the world’s oldest constitution alive and preserve our government without revolutions, coups, or violent oppression. He must have known that the country needs a President and that the support of all, or at least most, of the people began with his support. If we keep going on like we’ve been, only willing to respect and follow the presidents we want, and totally determined to destroy and defeat the ones we don’t want, we will become Lincoln's house divided against itself, that cannot stand. We will end up having no president at all, in the same way that we have no Congress, because there is no longer any room to govern in the midst of the perpetual campaign filling the endless election season. So — and this isn’t easy — let me put it down in ink. If Donald Trump should win the Presidential election, he must become the President. The will of the people must prevail. No mistake he could make would be bigger than the de-legitimization of the cornerstone of our governmental system — that the will of the voters must prevail. More than that, if he should win, we must, for all our sakes, wish him well in his work and hope that it goes well. This doesn't mean we'd be going along with anything he might propose or do, but as President, he would be entitled to the respect the office deserves, which is more than it has been getting for quite a few years. The reverse holds as well, of course. The effort to criminalize, demonize, and destroy Hillary Clinton before her presidency even begins has got to stop. We’re all free to disagree and fight for our views on the issues, but we all have an interest in the next presidency being a successful one because we all have an interest in the survival and success of our country.  The next President, whoever he or she may be, deserves a fair chance to lead and succeed from every American. Imagine the election was yesterday. Imagine your candidate didn’t win. What kind of letter would you put in an oval office desk drawer? What we would say to a new President of the opposing party, if we had to do it ourselves, could tell us a lot about who we are, and what kind of country we’re going to have next year.

“The experience of testifying and the aftermath have changed my life.” --Anita Hill Giving testimony as a fact witness at trial or a deposition need not be a life-altering experience, and it doesn’t have to be terror-inducing, either.  What it must be is truthful. How a witness conveys that truthful testimony has a lot to do with its believability, and ultimately, the credibility of the witness.  While giving testimony can be difficult, here are a few tips for fact witnesses that may help with the process. 1. Before you testify, meet with your lawyer and ask any questions you have about the process. Testifying in court or at a deposition can be stressful, and part of your lawyer’s job is to help prepare you for giving testimony.  Your lawyer will discuss your testimony with you and will give you instructions regarding the process, explain the role of all the participants in the process, and he or she may show you some documents. The one constant, never-changing rule is this: Tell the truth. 2. Dress appropriately and comfortably for the proceeding. A neat appearance and proper dress, whether testifying in court or in a deposition, are important.  Your wardrobe selection should indicate that you consider your testimony an important matter.  Many depositions are videotaped, and you want to look your best.  In any event, you do not want your clothing to be a distraction in any proceeding.  Talk to your lawyer about appropriate dress. 3. Speak clearly and make eye contact while testifying. A court reporter will be recording your testimony verbatim, and you will need to speak clearly and slowly; don’t mumble. It is important to get a good record.  Try to be as natural as possible, and avoid profanity or slang when you testify. 4. When asked a question, think before you speak.  Don’t interrupt. You often may anticipate the question that is coming, and there is a natural tendency to interrupt and begin answering.  This should be avoided.  When presented with a question, you should think about it before you begin your answer.  If the question calls for a “yes” or “no” answer, if at all possible, provide that response.  Only elaborate if you are asked. 5. Listen carefully to the questions asked, and answer only the question asked. As a witness, your job is not to volunteer information, rather, it is to answer the questions that are presented to you during the trial or deposition.  Adding extra information will likely and unnecessarily prolong the process.  Let the examining attorney seek out any details through the questioning, but again, your job is not to volunteer additional information.  Be as succinct as possible to give truthful responses to the questions asked. 6. Don’t argue with the examining attorney. If your testimony is misstated or mischaracterized in a follow-up question, you should correct the examiner; however, you should never argue with the attorney questioning you.  All arguments on your behalf should be handled by your attorney. 7. If you don’t understand a question, ask for clarification before you give your answer. It is far better to seek clarification before responding rather than to make an assumption about what is being asked.  If the question asked is vague or unclear, say so.  It is better to get the answer right the first time you answer, instead of needing to correct it later because you misunderstood. 8. Do not let the attorney questioning you put words in your mouth. Do not make overly broad statements or exaggerations that you may need to correct. Be particularly careful when responding to questions that begin, “would it be fair to say. . .” or “wouldn’t you agree that. . .”.  You should use your own words—this is your testimony. 9. Take a moment and familiarize yourself with any documents that you are asked to refer to during your testimony. Even if the document appears to be one that you have seen before, make sure that it is complete (no missing pages, for example). 10. Testifying for any length of time can be tiring—breaks are allowed. Get a good night’s sleep before the day that you testify.  It’s normal to be nervous, and you’ll do a better job if you’re well-rested.  You want to be alert, attentive and of course, truthful.  You don’t want to appear tired or evasive. Deposition testimony and trial testimony have truth-telling in common, but the proceedings otherwise have a lot of differences.  The above list is not exhaustive.  Your lawyer can help you get through the process and can provide more particular instructions to help prepare you for your testimony at trial or a deposition.

Maybe you are sitting in traffic or on your front porch and there he or she is right in front of you…that person who does everything right or maybe he or she has a real smooth way of pulling things off. And then you start to question yourself. That’s probably not going to help boost your self-esteem. Whatever the situation may be, whether you are starting a new career, moving to a different neighborhood or beginning a new daily workout routine, building your own success is key and doing it in a way that you can excel is the right way and not by anyone else’s standards. Every day is a new day with new ambitions and what steps are you taking to get there?  Finding an esteemed mentor is certainly not going to hurt, or is it? It’s been my observation that far too often, people tend to try and mimic others that they believe are looked upon as successful in so many situations ( probably in almost all aspects more often than not). They’re trying to be the one who is always one step ahead and prepared, but then they come to realize they have set themselves up for failure. Why?  It’s great if you can imitate what you perceive to be beneficial traits, but if it’s not your forte, that will only go so far.  Ascribe to what you can bring to the table to enhance what’s already in place. Although learning from others is essential, living and working by comparison isn’t the answer long-term.  Some people are really good at some things and others are not because it just wasn’t meant for them.  However, you can find your own gift. Unfortunately, in today’s society, everyone has experienced doubt in their personal capabilities and the reason is because we live in a world where everything we do, say, eat and breathe is done by comparison in hopes of someone’s acceptance. If we don’t get that stamp of approval, we begin to fail because at that moment we have allowed the seed of doubt and insecurity to be planted and fed.  If we haven’t done that to ourselves, there is always that person who must be critical ( Because remember it’s their way or the highway).  Ultimately, who can be successful when they have these feelings? Everyone has imperfections.  We know our own too well, but everyone has offerings that can lead to success for themselves and for others. You’ve heard that no two people are the same.  So, embrace it and tap into your very own specialties, the ones unique to you. Do the best you can do to explore your abilities, find that exceptional trait, stop living a life of comparison and accepting of outside criticisms and simply create your own success.

Pennsylvania, like 28 other states, has a "filial support" or "filial responsibility" law, which is a concept used to describe an adult child's obligation to a parent. 23 Pa.C.S.A. § 4603 provides the following: (a) Liability. (1) Except as set forth in paragraph (2), all of the following individuals have the responsibility to care for and maintain or financially assist an indigent person, regardless of whether the indigent person is a public charge: (i) The spouse of the indigent person. (ii) A child of the indigent person. (iii) A parent of the indigent person. (2) Paragraph (1) does not apply in any of the following cases: (i) If an individual does not have sufficient financial ability to support the indigent person. (ii) A child shall not be liable for the support of a parent who abandoned the child and persisted in the abandonment for a period of ten years during the child's minority. In 2009, a Pennsylvania woman was stunned to learn that a nursing home was suing her for more than $300,000 in unpaid bills related to her father, who died after spending about a year in the home, and her mother, a dementia patient still living there.  "I was devastated," August said. "We're living basically paycheck to paycheck. We don't try to live beyond our means -- it was just unbelievable that all of a sudden there was this debt hanging over us." August said that both she and her husband work two jobs each to make ends meet for themselves and their two children. She loves her parents, she said, and did what she could to help them. But footing their bills was out of the question.  "I don't think anybody should be responsible for someone else's bill," she said. "You can only do so much."  Fortunately, the court found that August did not have sufficient financial ability to support her father. In 2012, the Pennsylvania Superior Court examined 23 Pa.C.S.A. § 4603 in the case of Health Care & Retirement Corp. of America (HCR) v. Pittas.  In this case, Mr. Pittas’ mother was injured in a car accident and was transferred to HCR for skilled nursing services.  She resided there from September 2007 to March 2008 before relocating to Greece to live with her two other children.  During this period of time, Mrs. Pittas applied for medical assistance, which was initially denied. Accordingly, HCR never received payment for services rendered. Therefore, HCR elected to sue Mr. Pittas and use 23 Pa.C.S.A. § 4603 as a vehicle to recover approximately $93,000 in accounts receivable.  At the time of the lawsuit, Mrs. Pittas was in the process of appealing the PA Department of Welfare’s decision to deny her medical assistance.  Mr. Pittas argued that the lawsuit was premature since the PA Department of Welfare had not yet ruled on Mrs. Pittas’ appeal, but the court did not find prejudice to Mr. Pittas, since Mr. Pittas admitted that “if his mother were to win her appeal and receive medical assistance, those funds will be used to relieve him of liability.”  Ultimately, the Pennsylvania courts determined that Mr. Pittas had the ability to pay for his “indigent” mother.  The restaurant owner said he was "in shock" and "devastated" at the ruling and filed to re-argue his case with the Superior Court on Monday.  "I have a business and family. My wife was pregnant with the second child at the time," Pittas said. "The economy is not what it used to be. I'm very worried about this and stressed." The moral of the story is that children of adult parents should assist their parents in acquiring medical assistance, and in many circumstances, it may prove beneficial to consult with an attorney.

With the Republican National Convention in full swing this week, the xenophobic, apocalyptic vision of America on the brink of total destruction thanks to the failed “leadership” of our first “Muslim” President is on full display from the bully pulpit of the Quicken Loans Arena. Fact checkers are on the scene as well, ready to debunk every false and misleading statement that each convention speaker tries to pass off as fact. We’re likely to see much of the same next week, from the other side, when the Democratic National Convention kicks off in Philadelphia. With all of this rhetoric being spouted over the next couple of weeks, some of you might be wondering whether any of these statements are actionable in a Court of law.  Can these speakers be held liable for defamation? To answer that question, we need to take a closer look at defamation law in America.  I chose Ohio’s law since the RNC is happening in Cleveland this week, and since Ohio law on defamation is substantially similar to other state laws around the country. Defamation, includes both slander and libel, and is the publication of a false statement “made with some degree of fault, reflecting injuriously on a person's reputation, or exposing a person to public hatred, contempt, ridicule, shame or disgrace, or affecting a person adversely in his or her trade, business or profession.” A & B–Abell Elevator Co. v. Columbus/Cent. Ohio Bldg. & Constr. Trades Council, 73 Ohio St.3d 1, 7, 651 N.E.2d 1283 (1995). “ ‘Slander’ refers to spoken defamatory words, while ‘libel’ refers to written or printed defamatory words.” Matikas v. Univ. of Dayton, 152 Ohio App.3d 514, 2003-Ohio-1852, 788 N.E.2d 1108, ¶ 27 (2d Dist.). To prevail on a defamation claim, whether libel or slander, a plaintiff must prove that: (1) a false statement, (2) about the plaintiff, (3) was published without privilege to a third party, (4) with fault or at least negligence on the part of the defendant and (5) the statement was either defamatory per se (i.e. words that carry a presumption of falsity, damages, and malice) or caused special harm to the plaintiff. In the case of these convention speeches, the key portion of the law is the “without privilege” language. While there are a number of privileges under the law that might protect one’s speech, the one most often used to insulate the speaker from any misleading or false rhetoric spouted at party conventions is the First Amendment, freedom of speech privilege. In addition, the party against whom the misleading or false statements are spoken would have to show special harm, which would be difficult.  For instance, if Hilary Clinton loses the election, it would be difficult, if not impossible, to blame her loss on the false statements included in Chris Christie’s speech last night. In short, no matter how ridiculous Iowa Rep. Steve King sounded during Monday night’s convention panel when he argued that what non-whites have never made any positive contributions to Western civilization, the only way such speakers are likely to be judged is through the Court of public opinion.

I recently read an article discussing a group of men who stood outside of the Republican National Convention with their guns in holsters on their hips. The men took this action to draw attention to their Constitutional right to carry a gun, show that guns could be handled responsibly and in case they needed to act in self-defense.  Self-defense is a concept constantly discussed in television shows, movies and throughout the media.  However, my guess would be that many people do not completely understand the specifics of their state’s self-defense laws. For example, if one of the men discussed in the previous paragraph would have shot someone who stole a purse from an elderly woman, the man could have been prosecuted criminally for his actions even if he was trying to defend the elderly woman.  This is because the doctrine of self-defense only allows “reasonable” or “equal” force to be used when a person is protecting themselves or someone else. “Reasonable” means that a reasonable person in the same situation would have observed the immediate threat of physical harm.  “Equal” or “proportional” mean the self-defense can only match the level of the threat in question.  For example, if the threat is not going to kill someone or create great bodily harm, then a person cannot use deadly force and claim self-defense.  Additionally, for self-defense to apply, the threat must be imminent and the intended victim must believe they are at risk of immediate physical harm.  Moreover, deadly force should never be used for the sole purpose of regaining possession of stolen property. Additionally, while many states have done away with this requirement, certain states have a duty to retreat when violence can be avoided.  In contrast to the duty to retreat, many states have a stand your ground or castle doctrine, which remove the duty to retreat completely or in certain instances.  However, it is important for a person to understand the self-defense laws in the state they are in, especially if they own a gun or other weapons for the purpose of protecting themselves and their loved ones.

Dear Friends, Gretchen Wilson, who I attend church with on a regular basis, sent me the following statement that was made by Minister Joe Wright who opened the new session of the Kansas Senate with the following prayer. I thought that whoever you are, if in fact you believe in God, you would appreciate these remarks. Sincerely, Jim Bordas "Heavenly Creator, We come before You today to ask Your Forgiveness and to seek Your direction and Guidance. We know Your Word says, 'Woe to those who call evil good,' But that is exactly what we have done: We have lost our spiritual equilibrium And reversed our values. We have exploited the poor and called it The lottery. We have rewarded laziness and called it Welfare. We have killed our unborn and called it Choice. We have shot abortionists and called it Justifiable. We have neglected to discipline our Children and called it building Self-esteem. We have abused power and called it Politics. We have coveted our neighbor's possessions and called it Ambition. We have polluted the air with profanity and pornography and called it freedom of Expression. We have ridiculed the time-honored values of our forefathers and called it Enlightenment. Search us, Oh, God, and know our hearts today; cleanse us from every sin and set us free. Amen! The response was immediate. A number of Legislators walked out during the prayer in Protest. In 6 short weeks, Central Christian Church, where Rev. Wright is pastor, logged More than 5,000 phone calls with only 47 of Those calls responding negatively. The church Is now receiving international requests for Copies of this prayer from India, Africa and Korea. With the Lord's help, may this prayer sweep Over our nation and wholeheartedly become Our desire so that we again can be called 'one nation under God.' If possible, please pass this prayer on to Your friends. "If you don't stand for something, You will fall  for  anything." Think about this: If you forward this Prayer to everyone on your E-mail list, in less than 30 days it Would be heard by the entire world. PRAISE THE LORD AND OPEN OUR MINDS."

Tom Brady has given up on the appeals process with regard to his four game suspension to start the 2016-17 NFL season resulting from his involvement in the Deflategate scandal surrounding deflated New England Patriots footballs in the 2015 playoffs. However, the reasons behind his decision are likely strategic. If Brady had chosen to appeal the decision of the 2nd Circuit upholding his suspension, that appeal would be to the Supreme Court of the United States. The Nation's highest court rarely hears appeals. In fact, it does so in less than 1% of cases in which it is petitioned to do so.  The Court would not immediately consider whether it would hear the appeal. That decision would not likely come for months. However, here is the catch.  The Justice in charge of appeals coming from the 2nd Circuit, Ruth Bader Ginsburg, could order a Stay of the suspension until the full Court weighs in. In other words, Brady's four game suspension would be delayed.  If later, the full Court decided not to hear the Appeal, the Stay of the suspension would be lifted and Brady would immediately serve his suspension at that point. This scenario could come about during the final stretch of the regular season, or even worse for Brady and the Patriots, at the beginning of the playoffs or during the Super Bowl. In the end, it would be much better for Brady to serve his suspension now at the beginning of the regular season than to pursue a risky appeal that could land him on the sidelines for a much more critical stretch of games. This is likely the reason that Brady decided to not pursue the appellate process any further and it seems as though that was probably good legal advice from his attorneys. However, even though Brady is going to accept the four game suspension at this point and not pursue an appeal himself, there have been reports that Brady will allow the NFL Players Association to continue to pursue the appeal on his behalf.  This would allow the Players Association to challenge the future authority of NFL Commissioner Roger Goodell to hand out such punishments and to even potentially recover Brady's lost pay if the appeal is successful. So, the process is not really over yet. Brady will serve the four game suspension and will not pursue an appeal. But, the NFL Players Association very well may pursue it. A truly strategic decision.

I live two miles from the I-70 East exit to the Ohio Valley Mall. I will freely admit -- I am a mall person.  I can’t tell you how many times people have said to me, “There is nothing for me at that mall”.  Well, I love our mall.  I am addicted to Auntie Anne’s Pretzels and I love Fabio’s Pizza (which, by the way is owned by my neighbor).  Books a Million?  I am there at least two times a week. I shop at Macy’s, Elder Beerman, Boscov’s and C hristopher & Banks for work clothes and casual clothes. K-Mart? I love it.  I buy a variety of things from K-Mart, and K-Mart is the store the firm uses for the Chambers Foundation Christmas Vouchers for under-privileged children in Ohio County, W.Va.  Even though I am not crafty, I am a regular at the Pat Catan’s store.  I love to walk through there and frequently find something I need or want for my home.  This summer I purchased my lawn mower from Sears. I have walked the Debbie Green 5K for two years and I get prepared by walking in the mall.  It is climate controlled, safe and I can sit and rest when I get tired. If I start at the main entrance, walk down to K-Mart and then go down every “wing” and then back to the entrance, it is almost exactly a mile.  A good, safe, climate-controlled place to walk.  Not to mention, an Auntie Anne’s pretzel is my reward. I have met and become friends with many people through the years at the mall.  I love jewelry, as anyone who knows me will attest to, so I frequent King’s Jewelry.  I stop in almost every time I go to the mall because the employees there are now my friends, too. I love the new and improved Hallmark Store.  It is a great place to get my “cute” fix and make notes to remind myself about Christmas gifts for my friends.  The sales clerks are all friendly and helpful. I know ALL the women at ALL the cosmetic counters in the Ohio Valley Mall (that might be a slight exaggeration).  I have modeled for Christopher & Banks when they have a style show showcasing a new season’s selections. I find that a lot of fun and look forward to it. Of course I don’t buy something every time I go to the mall.  (Well, maybe a pretzel and drink!). I have eaten dinner at Garfields and Osaka Steak House.  I regularly get a pedicure at the Escape Spa, and while I am in that “wing” I visit my friends at Steve’s Sports Cards. These are the stores I regularly shop in inside the mall.  I sometimes take offense when someone says, “There’s nothing for me in that mall.” I realize that these are not the “high end” stores one might find in Pittsburgh or some of the bigger cities, but they are great stores for the majority of the people in our area. It is also true that Ohio Valley Mall is mostly a weekend mall as far as traffic goes, but I never go there that I don’t meet someone I know and stop to chat with. So, give the mall a whirl.  The people are friendly, the parking is easy, there are many places to eat and shop and places to rest when you get tired.  See you at the mall!