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

Wheeling is not just where members of the Bordas & Bordas family work, it's also where we live. Therefore, giving back and contributing to the Friendly City's outstanding community is an important part of our mission. Featured below are just a few of the many recent philanthropic sponsorships we are honored to be a part of. The West Virginia Auxiliary of the Congregation of St. Joseph is located right here in Wheeling. The sisters are hosting their 25 th annual Gala/Reverse Raffle on October 9 th at the Wheeling Island Hotel, Casino and Racetrack. Money raised by the Gala will help the Auxiliary meet the needs of the women living at Mount St. Joseph. Eager to ensure that the sisters are well taken care of, Bordas & Bordas supports the Auxiliary's efforts and annual event. Oglebay Institute was formed in 1930 and has since grown to include six facilities throughout Wheeling that offers hundreds of community and school programs for members of the city, county, region and state. The Institute provides entertainment and instruction in the arts, history and nature year-round via theatre, camps, exhibits and more. The first annual Oglebay Institute Golf Scramble was held a few weeks ago at the Wheeling Country Club to raise money for the Institute and its mission. The firm made a donation towards the inaugural event. Have you ever wondered about the Lions Club of Northern West Virginia? The members describe themselves as ordinary men and women with a common goal of meeting the needs of the less fortunate and making his and her communities and the world better places for all. The Lions recently held their annual Dan Dague Memorial Car and Bike Show earlier this month to raise money for the West Virginia Lions Sight Foundation. Bordas & Bordas supported the Club's efforts again this year. Trevan McCracken was born to a local family on September 19, 2013 with a rare congenital heart defect known as Hypoplastic Left Heart Syndrome. HLHS causes the left side of the heart's chambers to develop too small to work effectively. Trevan underwent his first open heart surgery at just four days old and his second at five months old. A third surgery is scheduled for approximately the two-year mark. Donations and contributions have lessened the financial burden of substantial medical bills for the McCracken family. We are happy to help this family in their time of need. Bordas & Bordas is honored to be involved with such outstanding organizations, events and causes. We will continue to reach out to community partners who are passionate about making a difference. As always, we encourage everyone to support these very worthy causes in any way possible.   Wheeling is not just where members of the Bordas & Bordas family work, it's also where we live. Therefore, giving back and contributing to the Friendly City's outstanding community is an important part of our mission. Featured below are just a few of the many recent philanthropic sponsorships we are honored to be a part of.

Derek Jeter. Why has he been so admired? I get it. He's the shortstop for the New York Yankees. But, a lot of other players have been too. He's won World Series, been a perennial all-star, etc. But, others have been too. He is a well-spoken, good-looking guy. But, others have been too. What made him so different? To me, it's the fact that he is a great employee. Huh? That's right. He's a great employee. He shows up everyday and does his job. He treats everyone around him with respect. He sets an example for others in the organization to follow. He never complains. He gives credit to others. He speaks highly of his employer. He never embarrasses them. He is always ready. He shows enthusiasm for his job. He does everything with class. He has stayed with the same organization for years. And, he comes through the biggest at the biggest moments. What more could any employer ask for? Thus, it is only fitting that in his final at-bat at Yankee Stadium, every one of these traits came shining through as #2 walked to the plate and immediately hit the first pitch he saw into right-center field for a game-winning walk off hit. It reminded me so much why I love sports. But, it also reminded me that we can learn so much from sports. So, why not take a page from the Captain's book? Why not be the Derek Jeter of your workplace? In the end, you just might be remembered and admired too.

FOR IMMEDIATE RELEASE: INJUCTION GRANTED ON BEHALF OF EJECTED CAMERON FOOTBALL PLAYER Moundsville---Bordas & Bordas has successfully been granted a temporary injunction on behalf of Cameron Football player Dalton Wood who was ejected from a game last Friday for allegedly kicking another player. The injunction, issued by Marshall County Circuit Court Judge David Hummel, will give the West Virginia Secondary Schools Athletic Commission appropriate time to review the issue and make a decision. It is set to expire on October 2, at noon. In the meantime, Wood will be allowed to participate until a decision is made. "Wood is an honor student and has never been in any sort of trouble," Jim Bordas said. "He deserves due process in this matter. This young man should not have to be punished due to an official making a call on the spot without the benefit of further evidence and reflection." As it stands, the WVSSAC has no process for review. "It is time for the SSAC to allow for reviews," Bordas said. "You can see from the video that this was not a situation that warranted ejection. There is the technology in place to make sure things like this don't happen in the future." Bordas & Bordas, which is providing the service to the player and his family pro bono, hopes that ultimately this situation will bring change. "While representing Wood and championing for him to participate in his senior night is a priority, even more so is the need for the rules to be changed so that other students and families do not have to deal with the same problems," Bordas said. Bordas said he is pleased that Judge Hummel ruled in favor of Wood and his family. "We are pleased that Judge Hummel has recognized that due process is important in this country and in fact is one of its bedrock principles," Bordas said. "He has consistently demonstrated this throughout his career on the bench and it is one of the reasons that he has an outstanding reputation as a jurist." Bordas & Bordas is a plaintiff's litigation law firm consisting of 18 attorneys and more than 30 support staff that has offices in Wheeling and Moundsville, WV, St. Clairsville, OH and Pittsburgh, PA and practices throughout the region in diverse areas of law.  For more information, please contact Carrie Scanlon, Director of Communications and Philanthropy at 304.242.8410, visit bordaslaw.com, or connect with us via social media. FOR IMMEDIATE RELEASE: INJUCTION GRANTED ON BEHALF OF EJECTED CAMERON FOOTBALL PLAYER

For all of the young couples out there, I'm here to tell you that this business of being a parent is every bit as difficult, frustrating and exhausting as you have heard. Doing it right, or at least trying to do it right, is a 24 hours a day, 7 days a week, 365 days per year job. Being a parent will be the greatest source of stress, worry and heartache you will ever experience. And despite all of that-despite all of the work, the worry, the terrible twos, the teen years, and the "you're too old to understand what I'm going throughs"-I would do it all again in a heartbeat. Along with my wife, my daughters (Brittany and Caitlin) and my son (John III) have brought me more happiness, pride and joy than I could ever have imagined. The other day was a day, which, for me, was filled with conflicting emotions. I went to Wheeling to help my daughter, Brittany, load her rented truck so she could head off to Austin, Texas. She spent several years in Austin as she went through law school at the University of Texas, and last year, after graduating, she came back home to work as a law clerk for the Honorable Judge John P. Bailey of the United States District Court for the Northern District of West Virginia. Her time on that job ended a few weeks ago, so she packed up to head back to Austin, where she will work as a law clerk for the Honorable Judge Sam Sparks of the United States District Court for the Western District of Texas. I was filled with pride as I thought about my little girl and what she has accomplished thus far in her young life. At the same time, I was filled with sadness as I drove away from her empty apartment, knowing full well that she won't be coming back. The cruelest part of being a parent is that you try to raise your children to be independent and self-sufficient, and the reward for your success is their taking off for newer and bigger challenges, most of which can only be found a few thousand miles from home. You have to allow me a few sentences to brag about my daughter. At the age of 17, she decided she wanted to spend her first year of college at Richmond International University in London, England. She headed off to a new city in a strange country where she would know absolutely no one, and she was as excited as she could be about doing it. I flew over with her, and I can still remember walking down the street after getting her settled into her dorm room, tears flowing freely. I hated London for taking my little girl away from me; I still hate London. Of course my reaction was and still is completely irrational, but parents aren't always rational when it comes to their children. After her first year of college, Britt returned to the States to spend another year at American University in Washington, D.C., and her last two years at Southern Methodist University in Dallas. You have to know my daughter to appreciate what a wonderful contradiction it was to see her at SMU. Britt is as liberal and idealistic as anyone I know, and SMU is a bastion of conservatism. She used to put her short hair up into a sort of fake Mohawk, just to make sure folks knew she was different than the rest of her classmates. I especially remember an episode when a female classmate confronted Brittany in the parking lot about something that had happened earlier in class. Words were exchanged, and in proper conservative fashion the young girl slapped my daughter in the face. In proper West Virginia fashion, Britt responded by dropping the young lady with a hard right to the nose. Conservative Texas, meet West-by-God-Virginia. Pleased to make your acquaintance. Brittany was graduated from SMU Magna Cum Laude, and was inducted into the nation's oldest and most prestigious honor society, Phi Beta Kappa. She was accepted into law school at the University of Texas, where in her first year she won the Thad T. Hutcheson Moot Court Competition over 300+ other students. In her second year she was selected for membership on the Texas Law Review, and in her third year she served as Articles Editor for that nationally-known publication. She was graduated in 2013 as a member of the Order of the Coif, reflecting her rank as one of the top students in her class. She had employment offers from literally every one of the top international law firms in the country, along with offers to clerk for several federal judges across the U.S. In her usual fashion, Britt chose the job she felt would be most challenging and rewarding. So, after a year in Wheeling, she is off again to Austin, only this time I'm betting it's for good. I suppose I've always known that Britt would never be happy staying in West Virginia. Don't get me wrong, she loves the area and she loves her home. It's just that ever since she was a little girl, she has always needed to have new adventures, new frontiers to explore and conquer. I can still remember something she said to my Dad when she was about 4 years old. Whenever I would take Britt to visit my parents, Dad would put her into her Big Wheel, and they would take a ride down the sidewalk and around the block. Before they took off on their ride, Dad would always make Britt promise she would go slowly so that he could keep up. She never did. One day after she had ridden off for what seemed like the 100 th time, Dad asked her why she kept breaking her promise. I can still see the sparkle in her eyes as she told him "I'm sorry, but I just have to go fast, Granddaddy." I know Dad understood. So, as my daughter heads off to begin the next part of her life, I hope she remembers the things I tried to teach her over the past 28 years. Be confident in your abilities; you can be anything in this world you want to be. Take the time to enjoy life along the way; work hard and play hard. Treat everyone you meet with kindness and respect. And most of all, remember that whatever happens and wherever it happens, your Dad will always be there for you. Always. Now go ahead and go fast, my Little Hugger. Granddaddy will be proud.   For all of the young couples out there, I'm here to tell you that this business of being a parent is every bit as difficult, frustrating and exhausting as you have heard. Doing it right, or at least trying to do it right, is a 24 hours a day, 7 days a week, 365 days per year job. Being a parent will be the greatest source of stress, worry and heartache you will ever experience. And despite all of that-despite all of the work, the worry, the terrible twos, the teen years, and the "you're too old to understand what I'm going throughs"-I would do it all again in a heartbeat. Along with my wife, my daughters (Brittany and Caitlin) and my son (John III) have brought me more happiness, pride and joy than I could ever have imagined.

Growing up I had one of those bedroom doors that wouldn't stay open on itsown. I was probably age five or six when a neighbor gave me a doorstop as a gift. Not just any doorstop - it was a pig made out of a plastic bottle dressed in a pink dress with a big pink hat. Now I'm not trying to sound ungrateful, but I didn't like this pig...at all. She wasn't cool, she wasn't trendy and she certainly didn't "go with" my room. But she faithfully did her job of keeping my door propped open for many years. She even survived being drug down the hallway and having her face partially chewed off by my dog, as well as many nights of me kicking her across the room to shut my door. When I got married and moved out my mom tried to get me to take the pig. Absolutely not....I told her to throw it away. Little did I know that day that I started a chain of events that has carried on to this day. Not giving a second thought to this pig, I went on my honeymoon and settled into married life. A year or so went by and upon returning from a vacation I came home to find the pig wearing sunglasses and holding a sign that read something like, "Did you miss me?" No I didn't. I called my mom who advised that she didn't have the heart to throw the pig away and told me to do it. Well looking at her with her little pink dress and hat and chewed up face, I couldn't pitch her either. So in the closet she went. Several months later I dumped her back at my parents' house - I think I actually hid her in a closet. After that she showed up in my bathtub. Wanting to get my mom back good, I took her to her place of work and sat her in her styling chair (my mom was a beautician), put a roller in her hair and wrapped a cape around her and hoped my mom would get the point. Needless to say we have spent the last several years passing this pig back and forth. We are both always surprised to see her. I even packed her in my parents' moving van when they moved to Florida and hid her in their garage. From there, she ended up back in my bedroom - I found her staring at me from behind a quilt rack while I was on the phone. Back to Florida she went - I stuffed her in my parents' trunk late during the night before they left. This was in January 2014, and she hasn't been seen since...until the other night. It was around 11:00 pm and I woke up to the sound of my husband yelling, "Shannon, what's at the bottom of the bed?" (That is the censored version). Yes, it was the pig. My mom had apparently shoved her under the covers in our bed before she left for the airport that morning. So the next move is mine. I have a couple ideas of what I'm going to do with her next and I absolutely know what her ultimate fate will be. She's been around for about 30 years, so she deserves a good send off. But until then...mom, be prepared. Growing up I had one of those bedroom doors that wouldn't stay open on its own. I was probably age five or six when a neighbor gave me a doorstop as a gift. Not just any doorstop - it was a pig made out of a plastic bottle dressed in a pink dress with a big pink hat. Now I'm not trying to sound ungrateful, but I didn't like this pig...at all. She wasn't cool, she wasn't trendy and she certainly didn't "go with" my room. But she faithfully did her job of keeping my door propped open for many years. She even survived being drug down the hallway and having her face partially chewed off by my dog, as well as many nights of me kicking her across the room to shut my door.

It's been almost five years since Chesley Sullenberger landed flight 1549 on the Hudson River. For anyone that has forgotten, Captain Sullenberger, a retired Air Force pilot, saved the lives of all 155 of his passengers when his aircraft lost power shortly after takeoff from LaGuardia airport in New York City. A seasoned professional at the time of the incident, Captain Sullenberger explained how he managed to live up to his responsibilities at the moment of truth: "One way of looking at this might be that for 42 years, I've been making small, regular deposits in this bank of experience, education and training. And on January 15 the balance was sufficient so that I could make a very large withdrawal." This past summer, our own Billy Teufel helped to save the life of a Boys State colleague. Upon finding a friend having a seizure, and without a pulse, Billy kept his wits about him, knew where the automated external defibrillator was located, and used it to restore the boy's heartbeat. Billy and his fortunate friend are proof that you don't have to be a forty-year veteran to perform up to high standards in a moment of crisis. The simple rule of doing the best you can do connects Captain Sullenberger and our Billy. Finding themselves in a challenging situation, both took responsibility immediately. Both took strong action in accordance with their training, knowledge and skill. Neither one of them walked away, tried to shift responsibility to others, or made any excuses whatsoever. They were there to do the best they could and nothing less, showing their dedication to high standards: an obvious sign of good character. What these two did stands out these days, among so many people, and institutions, that do the opposite. Far from seeking to do the best they can, many today are focused on "what is the least we can get away with" as their guiding principle. We've been treated to three weeks of it from the NFL. Both the league and the teams have tested the water again and again - how little can they do about domestic violence and get a pass? How little can they do about child abuse, and get away with it? Is a game suspension for child abuse enough? If not, how about two or three? At least the for-profit NFL admits it's in the business of making money. Colleges like Florida State are doing the same thing with players under investigation for sexual assaults: "Can we get away with a half-game suspension? Okay, how about one game?" This kind of thinking rots our culture and our character. We need to get away from "what's the least we can get away with," once and for all, and get back to the real question: "what is the best we can do?" That simple choice makes a difference all around us. There's been an unprecedented increase in black lung among our coal miners recently. Changes in mining techniques have been exposing miners to more dangerous dust compositions. Coal dust is the only known cause of this disease. Two Senators, Jay Rockefeller (West Virginia) and Robert Casey (Pennsylvania), are seeking to address the issue. But while these two leaders are asking what is the best we can do for sick and injured miners, others are ready to take the other side, insisting on staking out the territory of the "least we can get away with." And this is the same year we learned that a crooked doctor had wrongfully denied over a thousand miners their rightful benefits. We've seen the way corporations profit at the expense of human lives over and over again. Whether it's the toleration of violence and abuse in pursuit of football glory and money, or undercutting the health of working men and women with poor safety in the mines to squeeze extra dollars from coal, the principle is the same. We are constantly choosing the standards we want for our society. Captain Sullenberger's actions - as you would expect from an Air Force man - pointed us in the right direction: We need to aim higher. Billy Teufel got the message, will we? It's been almost five years since Chesley Sullenberger landed flight 1549 on the Hudson River. For anyone that has forgotten, Captain Sullenberger, a retired Air Force pilot, saved the lives of all 155 of his passengers when his aircraft lost power shortly after takeoff from LaGuardia airport in New York City. A seasoned professional at the time of the incident, Captain Sullenberger explained how he managed to live up to his responsibilities at the moment of truth: "One way of looking at this might be that for 42 years, I've been making small, regular deposits in this bank of experience, education and training. And on January 15 the balance was sufficient so that I could make a very large withdrawal."

On Sunday, September 7, 2014, three of my friends (Tammi, Traci, Dena) and I participated in the Hope for Hines treasure hunt fundraiser in the Wheeling area. Before I tell you about our hunt, I want to thank everyone who put the fundraiser together; it was an awesome event. I also want to thank all of those who helped us in our treasure hunt over the two-hour period of time given to complete these tasks. I know four grown women coming up to you and asking questions before we told you what we were doing had to have been scary. I really want to thank the mother of the little girl who let her daughter sign our feet for one of the tasks. Once again, having four grown women asking you questions about your daughter had to be very, very scary. Thanks also to the very nice lady in the parking lot who took time out of her day to take pictures of us. On every task we did, we had to have a picture taken with our team members. Of course the picture taker was not in the photo, but we tried a lot of selfies. Thanks again Wheeling people, you rock. During the event, 11 teams were running around the Wheeling area completing tasks to collect points to win the Hope for Hines Treasure Hunt. We all had team names. The names were based on the stuffed animal that had to be in all the pictures with us so we could win extra points; our team was Team Penguin. The tasks ranged from finding a child under 10 and having the child sign each team member's foot, to finding a tombstone with a specific date on it. We were also completing tasks like pumping ten cents worth of gas, parking lot chalk art, finding a political sticker on a bumper of a car, and more. We had a blast trying to complete the 40 tasks on the list. As we were out running around, we would run into other teams and would try to help each other out, but not too much because all teams wanted to win. The entire day was all in good fun. After two hours of trying to win the treasure hunt, the teams went back to the Italian American Club where Hope For Hines Treasure Hunt fundraiser team fed us. They had a really outstanding chicken dinner, along with raffles, games, and a  cornhole tournament. Here is a picture of us with Hines and his mom. We didn't win, but we had a great time and helped out our own little Hines. If you get a chance, stop in Miklas's Meat Market and pick up a wrist band, t-shirt or any of the other item they have available to raise money for Hope for Hines. Trust me, there is not a more rewarding feeling than helping a child fight cancer. We wish Hines and his family the best of luck. Thank you for taking the picture with us on the Hope for Hines Treasure Hunt. Rock On Wheeling, West Virginia, Rock On.

This month, I was invited to an open house at the newly opened Wellspring Pregnancy Center on Center Avenue in Moundsville, where my mother-in-law, Teresa Devlin, along with Tammy Hosenfeld, Chris Jacobs and other local volunteers have been extremely hard at work converting an aging duplex into a support center to assist those in need in virtually all aspects of child care. As I toured the Center, I found myself feeling very proud of my mother-in-law and the other volunteers, for not only recognizing such an important community need, but also for having the vision and determination to bring it to life. The mission statement of the Wellspring Center, according to Tammy Hosenfeld, is "to restore purpose to women's lives and their children and family by helping to meet their physical, emotional and spiritual needs through the services of material assistance, educational resources, referrals and emotional support." From free pregnancy tests, to diapers, food, clothing, strollers, books, toys, car seats and practically everything else, the Clinic offers an incredible array of products and services for parents in need at practically every stage of raising a newborn or toddler. The Clinic also boasts a wealth of critical, educational materials to help parents keep their children safe and give them the best possible start. Open from 10 a.m. - 4 p.m., Tuesdays, Wednesdays and Thursdays, the Wellspring Center offers products and services to all members of our local community. As I toured the Center, I also thought about how blessed I was to have parents who provided my sister and me with each of the cornerstones the Wellspring Center is designed to help foster. Of course we took it for granted at the time, but we were so fortunate to have grown up in a stable environment with parents who had the time and interest and means to provide us with the resources we needed to, at least arguably, become well-adjusted adults with families of our own. Others aren't so fortunate, often due to circumstances beyond their control. And for folks who find themselves in such situations, the Wellspring Center can help. I must say, I left the Center feeling equal parts impressed and humbled by what the volunteers have been able to accomplish in such a short time. Through the hard work and dedication of local carpenters and organizers, a dilapidated apartment building has been transformed into a bright, safe, positive environment where parents and expectant parents can feel comfortable amongst people who care. Congratulations to everyone who worked so hard to realize this vision of support and security. You have all done a tremendous job providing a beacon of hope for your community. For those in need of the Center's offerings, or for those who would like to donate or learn more, call 304-810-0292 or stop by and visit with the good folks at the Wellspring Center.

On November 17, 1998, a group of girls (young working women and mothers) from a variety of Christian denominations, gathered for the first time at the home of Anne Robinson. Included were her daughter, daughter-in-law, and Kathy Blass, wife of partner, Scott Blass. Because they met after dinnertime, to accommodate everyone's schedules, the girls named themselves God's Girls of the Evening--later shortened to God's Girls. God's Girls began meeting at Vance Church about ten years ago. When I came to work at Bordas & Bordas in 2002, Kathy Blass invited me to the bible study. I was so excited, especially when I learned that Anne was leading. She and I had been acquainted years before by way of Chevrolet! Our husbands were both car dealers and we had many opportunities to travel together. None of us will forget swimming in the rough waters on Diamond Head, Hawaii; No more two piece bathing suits for me! Getting reacquainted with Anne after my divorce from the car business was such a joy. Another member of the group is Leisa Forbes (a special Bordas employee who recently moved to Washington DC). Leisa now attends via teleconference! Becky Murphy was with us for a time too. Then, in June of 2004, the group expanded to include men, so Bible study is now called God's Girls and Guys (GGG). After that, Jim Bordas became an active member of our group. Over the nearly sixteen years of weekly studying together and as life circumstances have changed, so have the participants of the group, but God's Girls and Guys has continued because of its foundation-the sound teaching of the Word of God. We use a variety of study materials including Beth Moore studies (a group favorite), Jerry Bridges, Rick Warren, Ray Vander Lann, andHenry Blackaby-to name a few. No matter the configuration of people, we have always grown together in our knowledge and faith. Another constant is prayer-for one another and others in need. An unexpected blessing are the times we've been able "walk alongside" one another in difficult times---health, heartache, and other heavy times. We've lived the truth of Ecclesiastes 4:9-12: " Two people are better off than one, for they can help each other succeed. If one person falls, the other can reach out and help. But someone who falls alone is in real trouble...A person standing alone can be attacked and defeated, but two can stand back to back and conquer. Three are even better, for a triple-braided cord is not easily broken." Happy times are celebrated as well! And we laugh, oh how we laugh!! In November 2013, Jim invited GGG to use the Bordas and Bordas conference room for our weekly study and we readily accepted his gracious offer. Over the years, the number of weekly GGG's participants has averaged from 10 to 20. Looking back, we can sense the urging of God to eachindividual to this study. Each person's story is unique and couldfill several blogs. If you feel a "pulling" at your heart to be a part of GGG, go with it and please join us. Contact Jim Bordas, Anne Robinson, or me! I feel so very blessed to work at a company that honors Christ and His teachings, something you don't find too often these days.

At the end of July, I sat for the Ohio bar exam. This was my second bar exam, having taken West Virginia the summer before, so I had some idea of what to expect, but was still nervous. I experienced the same worries I had the previous summer. What if I didn't study enough? What if I didn't study this particular subject enough? What if I forget my photo identification? What if my alarm doesn't go off in the morning? What if I get sick during the test? What IS a commercial transaction? Will I ever know?? One thing I did not think to worry about, however, was what if the testing software fails to work? There are two options for taking the bar exam. One is to write your essay answers longhand, in a lined-paper booklet provided to you by the proctors. With this option, you are limited by a number of pages for your responses. Most essays questions do not permit the examinee to use more than two handwritten pages. Additionally, the examinee is required to use pen. This makes it difficult to edit the response, particularly considering the strict time constraints for each question. As a result of these added difficulties, and considering that most law students today have been educated largely through typing and computers, handwriting is the less favored method for bar examinees. The other option, and the one utilized by the vast majority of bar exam takers, is to download computer software and type written responses into the program. The program is specially designed for exams such as the bar. Once opened on the examinee's computer, the software will shut off access to all other programs, to prevent applicants from cheating by using the Internet or their electronic notes and outlines while answering the exam questions. The software also keeps time on the question, preventing applicants from using extra minutes, or even seconds, to get one last word into their responses. Most importantly, the software saves what is being typed once every minute, automatically, so the examinee can use full focus on their responses. At the end of the day, the software will automatically upload the responses to a server once the computer is connected to wireless Internet, and the server will submit the responses directly to those responsible for grading the exams. Examinees cannot review or access their responses again, so there is no risk of cheating through hindsight editing. All in all, it is a pretty easy and convenient system. It is so easy and convenient, in fact, that most examinees don't give a second thought to it. After all, there is enough to worry about with remembering the elements of negligence or determining who is the rightful owner of a piece of property. After finishing up the first day of the Ohio testing, I returned to my hotel room to relax for a bit. Before doing anything else, I wanted to make sure I uploaded my exam responses. The exam proctor had been extremely clear at the end of the exam that if we failed to make the upload by the 10:00 p.m. deadline, there was NOTHING that could be done to remedy that error. I opened my laptop, expecting to see the green upload screen confirming that my essays were safe and sound in the inboxes of some lucky grader. This time, however, all I saw were sad little scrolling wheels, trying to upload the essays. My inbox filled with emails titled "EXAM UPLOAD FAILURE." I was alarmed, but chalked this up to the wireless being weak in my room, and went down to the hotel lobby to get a better signal. When I arrived down in the lobby, I encountered about 50 of my fellow test-takers who were staying in the same hotel as me. Everyone was having the same problem. None of the exams would upload. Even worse, no one could figure out why, or what to do. People were venturing out to nearby coffee shops with laptops in tow, figuring the wireless at the hotel was just overloaded with users, only to return an hour or two later, defeated. Others were calling the Ohio Supreme Court, the bar admissions office, and the software company, looking for answers, only to get the after-hours messages. Law students, as a general group, are not exactly known for being the most relaxed of people, and the bar exam is an event that can send even the most laidback into orbit. This problem with the software was not helping. People were getting angry at their friends, the hotel employees, and anyone in their path. People were emotional, worried that this software SNAFU would affect their bar passage, their employment, their futures. Some people joked that they were rethinking their judgment of those who had taken the test by hand, saying that it seemed like a pretty good option now. People on Twitter and Facebook were calling it "Barmageddon." Eventually, I realized that this situation was beyond my control, and that it was more important to refocus on the next day of testing and to get a good night's sleep. The uncertainty of the situation, and what would happen with the exam responses, was still a little troubling, but I decided to just hope for the best. Sure enough, when I woke up the next morning and opened my laptop, the green screen popped up to congratulate me on a successful upload of all of my exams. At the start of that day of testing, the exam proctor apologized for the problems, and reassured us that we would never be penalized for something beyond our control, such as a software failure. The rest of the exam went on without incident. And while this situation may have made an already stressful experience all the more stressful, it was a good reminder that worrying and reacting negatively to a situation beyond your control usually won't help anything, and that things tend to work out if you have a little faith that they will. I could easily add worrying about computer failure to my list of concerns for the next bar exam I will take, but I think I will just stick to the ones that I have the ability to control. Like finally figuring out what a commercial transaction is.

The Wheeling Symphony Youth Orchestra (WSYO) is an outstanding program that offers talented, aspiring young musicians from the tri-state area a formal venue in which to train and perform together. The group is only open by audition and I am so proud to be able to say my son, Nick Sharpsky, has been offered a position in the First Violin Section this season. Nick is a sophomore at Wheeling Park High School, and this is his second year with the WYSO. It is an honor and a privilege that Nick has been given the opportunity to learn within such a professional musical environment amid other gifted young musicians, all under the instruction of music director, Dr. Matthew Inkster. As a matter of background, competitive auditions for the WSYO attract students from West Virginia, Ohio and Pennsylvania; rehearsals are held weekly from September through April, and the WSYO presents two concerts each year. These concerts are free, open to the public, and I would encourage and invite those of you who have a sincere appreciation for music and young talent to attend. Remarkably, the Wheeling Symphony Youth Orchestra strives to be accessible to all student musicians regardless of their financial situation and is a tuition-free organization, funded almost entirely through the generosity of sponsors, donors, advertisers, the substantial support of the Wheeling Symphony Society, Inc., the WSYO Steering Committee, and the fundraising efforts of members and their families. I would sincerely like to personally thank all those who support this program through the gift of their time, talent and monetary donations that make it possible for my son and other young musicians in our area to experience this amazing opportunity that nurtures their love and passion for music.

A wonderful and joyous occasion has happened in my family. My nephew, Corey Murphy and his wife, Lauren are now the PROUD parents of twin girls. They named them Leah Lucinda Murphy, middle name after Corey's Mom Lucinda (Cindy) Murphy, and Lily Grace Murphy. They entered into this world in the early morning hours of Tuesday, August 19, 2014. My mother's side of the family was blessed with twin girls approximately twenty-nine years ago named Lydia Eddy & Andrea Eddy. Lydia and Andrea did not live close, so I did not get to see them very often. Oh, if Facebook would have been around then, I could have watched them grow into the beautiful ladies they are now. Corey's side of the Murphy family had not been blessed with twins, as far as I know. What a blessing these two girls are, too. Every child born on this earth is truly a blessing, but wow, twins are double the blessing. For anyone who has been blessed with even more than twin like triplets, quadruplets, etc., I could not even imagine their excitement. Don't get me wrong, when there is just one healthy child, it is very exciting as well. It has been and will continue to be exciting to watch these twins girls grow in to beautiful young ladies along with their big sisters, Haley, (soon to be seven years old), and Lindsay (four years old). Lauren married the right man to be able to live in a house with five women. Yes count them, five women. Oh my, I know that only Corey has the patience to take care of all of these women in this household. Corey, I will be praying for you, but I know you can and will be able to handle it. I have watched Corey grow up and develop into a wonderful man, husband and now a father. What fun times are in store for him and all of those girls in the future, i.e. shopping, dances, boyfriends . . . immediately I think: "LIONS and TIGERS and BEARS, oh my!" But, I am getting way ahead of the game here. Let's enjoy the moment. Thank you Lord for blessing Corey and Lauren with these beautiful, healthy twin girls! I know that Corey's Mom, Cindy, had to have something to do with this blessing from heaven. And, to top it all off, the twins were born on Cindy's Mom, Ann Lesch's, birthday. How cool to have your great-granddaughters born on your birthday. I so look forward to seeing what the future has in store for these little ones. We have been TRULY BLESSED all the way around with these adorable twin girls. We have a lot to be thankful for Lord!