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HomeMy WebLinkAbout10-0499 /o--q44 OtL,?L`7iAn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ON THE OCCASION OF THE SWEARING-IN OF CUMBERLAND COUNTY OFFICIALS AND ALBERT H. MASLAND, JUDGE. Proceedings held in Cumberland County Old Courthouse, Carlisle, Pennsylvania, on Thursday, December 31, 2009, at 11:00 a.m. Q N) -r fl Thomas A. Placey Alfred L. Whitcomb Robert P. Ziegler Dennis E. Lebo Glenda Farner-Strasbaugh Ronny R. Anderson Todd C. Eckenrode David D. Buell Albert H. Masland Magisterial District Judge Controller Recorded of Deeds Clerk of Courts Register of Wills Sheriff Coroner Prothonotary Judge A JUDGE BAYLEY: A snowy day, it can't be better than this, a beautiful day in Cumberland County. And it is wonderful to see such a nice crowd and to come out to see democracy at work. This is where the payday is for those that are fortunate to run for office and either be re-elected or elected again. And democracy at work operates very uniquely for me, because under the Constitution my term ends tonight at midnight. When the pickle comes down in Dillsburg, it is over. We are swearing in Judge Masland today, but his term does not officially begin until next Monday, which means my poor colleagues here will be a judge short over the long weekend. Hopefully everything will go all right. So I look to the right and I see all kinds of public officials. I see a judge. I see commissioners. I see county officers, a magisterial district judge. I see a senator over there, which is wonderful. And, of course, at affairs like these the officials come out. They support candidates. And this is a very nice time. So it is a pleasure for me in my last day in office to participate in this swearing-in ceremony. And to start that and to move on we will first call on Roseanne Placey Sunajko to introduce Tom Placey for magisterial district judge. MS. SUNAJKO: Good morning. On behalf of the Placey family, in particular most notably Tom's dear wife, 2 r on a family vacation and regrets that she is unable to join us today. Also, our newest candidates for jury commissioner were sworn in earlier this morning. As you know, they have taken the position that their office has been eclipsed by modern technology and that the job should be abolished. Both Mr. Gates and Mr. Rovegno wanted me to emphasize, however, that their stance on this issue is not meant in any way as a criticism of or a disrespect for the conscientious public servants who have occupied that position in the past. That having been said, I recognize Mr. Boaar to present Mr. Whitcomb. MR. BOGAR: May it please the court, esteemed members of the audience, it is with great pleasure that I present Al Whitcomb today. Al has served our county for twenty-four years. To date, among other activities, he is on the ERP Steering Committee, Retirement Board, Salary Board, and you are chairman of the Prison Board. Al and his office have established the first Fraud Hotline in our county and has achieved numerous awards for excellence in auditing and those types of efforts. Al has recently been honored with a four year appointment to the Pennsylvania Board of Accountancy, which oversees the licensing of CPA's in our Commonwealth. Al is also very, very active in the Pennsylvania State Association of County 4 r M Controllers, having served in that organization for many, many years and being a past president. It is with great pleasure that I present Al Whitcomb for his seventh term as controller in Cumberland County. Thank you. (Whereupon, the oath of office was administered by the Honorable Kevin A. Judge, J.) JUDGE OLER: Mr. Bogar. MR. BOGAR: Thank you. Again, may it please the court, and esteemed members of the audience, it is my pleasure to present Bob Zeigler today. Bob has served the county in the capacity as Recorder of Deeds for eighteen years. His first term being an elected two year term. Bob's office is professionally run, courteously staffed. And it is a pleasure to do business. And I think I in saying that reflect the sentiments of the members of the Cumberland County Bar Association and the public that deals with Bob. He is one of the officers that's on the line of fire being on the first floor of the courthouse. Among his notable accomplishments, Bob has worked hard to computerize the records in the Recorder of Deeds Office. And my daughter is working hard to get me to understand how to do that. In addition, Bob is extremely 5 r W active in the Pennsylvania Association of Recorder of Deeds, having served as its past president. It is with great pleasure that I present Bob Zeigler for his fifth four-year term. (Whereupon, the oath of office was administered by the Honorable J. Wesley Oler, Jr., J.) MR. BLOOM: May it please the court, it is my privilege to present a man of great determination and personal integrity, a loyal committed family man and a diligent reformer in the political arena. A man who has been recognized on a statewide basis for his exemplary professionalism in office. A leader in the implementation of beneficial cutting-age technologies, a fiscal conservative who talks the talk and walks the walk. A man who carries out the duties and responsibilities of his office with effectiveness, efficiency and capability. I have known this man for more than twenty years since he ran a small retail business in Carlisle. And throughout that time his high moral character has been consistent. It is my great honor to humbly present for a term of Clerk of Courts Dennis Lebo. (Whereupon, the oath-of office was administered by the Honorable 6 r OA Edward E. Guido, J.) MR. KUTULAKIS: Good morning, Your Honor, may it please the Court, ladies and gentlemen, it is my incredible pleasure to have been asked to come up and present Glenda Farner-Strasbaugh to be sworn in for another term as Register of Wills and the Clerk of Orphans' Court. This is a very appropriate time I think also to reflect on the fact that we have men and women overseas, and we are still in a time of war, and those that have come before us before have brought value in our ability to go through the political process in electing great public servants like Glenda. I have known Glenda for more years than she will care to admit. And we actually have a common bond, that our fathers were great friends and shared a common interest in the equestrian world. And Glenda's father happened to give me my first saddle, which I believe may have been hers, when I was a child. So we share a very special common bond. Glenda has educated herself as a life-long resident here in Cumberland County to public service. And she has spent time here in the Clerk of Courts and done many other things other than just share the responsibilities of being a Register of Wills. She extends herself to people in the community, helps her fellow row officers, and has a 7 r t particular heart in caring for young children in need, and extends herself particularly this time of year. We have the great honor of having Glenda Farner-Strasbaugh, who I present to this Honorable Court for swearing here today. (Whereupon, the oath of office was administered by the Honorable Kevin A. Hess, J.) R. THOMAS KLINE: May it please the Court, distinguished guests, elected officials, friends, family and everyone here today. Twenty years ago I had the unique opportunity of standing right here taking my first oath of office as sheriff of Cumberland County. Today is a much greater honor for me to be able to present to you a man who has served as chief deputy for the last twenty years. He served before that as a sergeant and a deputy and a correctional officer. He cares about Cumberland County. He cares about people, and he will do the right thing. Anything that has to be done to protect the citizens of this county. It is with great pleasure for me to present my friend and colleague Ronny R. Anderson for his oath of office for the first term of sheriff of Cumberland County. I would like to ask his wife and daughter, Debbie and Chelsea, to come forward please, because immediately following his oath they are going to pin his 8 4 insignia of rank and I will be giving him his new badge. (Whereupon, the oath of office was administered by the Honorable J. Wesley Oler, Jr., J.) MARLIN R. MCCALEB: May it please the court, ladies and gentlemen of the audience, for the first time in twenty-eight years I am going to introduce a new coroner. It is my great pleasure and my privilege to present Todd C. Eckenrode for the oath of office as Coroner of Cumberland County. (Whereupon, the oath of office was administered by the Honorable Edward E. Guido, J.) KIRK S. SOHONAGE: May it please this court, elected officials, ladies and gentlemen, today I will present for swearing in David Dwight Buell as Cumberland County's next Prothonotary. As I thought of a couple words about Mr. Buell, what to say today, I was continually coming back to one word to describe him, and that word is duty. In all things one must do his duty, General Robert E. Lee once told us. And I submit in all things David Buell does his duty, be it as a husband, a father, an elected borough councilman from Camp Hill, and an elected State Republican committeeman from Cumberland County, a Cumberland County co-chair for the presidential and gubernatorial campaign. 9 r David Dwight Buell does his duties in all things. It is an innate sense of duty I submit that was given to him by his parents, who are here today, the Honorable Larry Buell, a forty-year elected official and state representative for the Indiana House of Representatives, and his mother Janis Buell. And if you haven't met her, I submit to Your Honors she is the best darn campaigner I have ever met. It is from his parents that he has learned his sense of duty. And as Cumberland County Prothonotary, I submit to this court, he will act dutifully. And in whatever endeavor he undertakes, I submit he will act dutifully. And in closing I am reminded of these words of the great American poet Robert Frost who spoke to us of duty and said, "The woods are lovely, dark and deep, but I have promises and miles to go before I sleep, and miles to go before I sleep." Your Honors, I present to you a man who has many miles left to go, my good friend, as Cumberland County Prothonotary, David Dwight Buell. (Whereupon, the oath of office was administered by the Honorable Kevin A. Hess, J.) JUDGE BAYLEY: John Oszustowicz will introduce Albert H. Masland for judge of the Court of Common 10 ,h Pleas of the ninth judicial district. JOHN C. OSZUSTOWICZ: May it please the Court, ladies and gentlemen, I am John Oszustowicz, a member of the Bar of Cumberland County. We are gathered here today to install a favorite son to the bench of Cumberland County. While I have the floor, however, I would like to direct my remarks to a man, who, by any measure, has had a profoundly positive influence on his community and on those on whom he has touched. Mr. Masland, Skip, is a proud member of Carlisle and a resident of Cumberland County, I thank you for the great generosity that you and your dear wife Sally have shown to all of us in making Carlisle such a wonderful place for us to call home. Mr. and Mrs. Masland have also given us three wonderful children, all of whom I have had the great good fortune to know. We are here today to recommend that their son Albert be sworn in as a judge in the Court of Common Pleas in Cumberland County. Al and I became acquainted at Dickinson Law School when he and I were classmates. Even in those days, I recall that Al was eager and willing to help his mates learn the law. Unfortunately, he was not capable. The fact was that he was as clueless as the rest of us, but somehow he convinced us that he knew more than he actually did. He 11 W a j would use this talent frequently and well over the course of his career. I have known Al as a private practice lawyer. I recall one meeting that we had in 1983 in his office on South Hanover Street. We both had our suits on and our briefcases, which were no doubt more full of Gatorade and power bars than law files. We spent the next two to three minutes engaged in deep discussion about whatever legal issue was at hand. Our meeting adjourned and we sat and looked at each other. It was obvious that neither one of us had anything to do the rest of the day. Al looked at me and said, I guess this is what they mean by starting at the bottom. If I was running a school to train judges, I think that one of my required courses would be to run a small practice. Emptying your own trash cans and making a payroll keeps you humble. Al has done that. Al spent the next few years working as a part-time DA here in Cumberland County. My judges' school would also have a class on doing the public's work and thereby learning the system that everybody complains about, learning how it actually works. Al has passed that requirement as well. Some years later I was at Biddle Field at Dickinson College, and Al walked over and asked me what I 12 J t 40 thought about his running for the State Legislature. I responded by asking him why. To my great surprise he had thought about it and had a cogent and thoroughly convincing answer. Not long after that we were sitting in Al and Debbie's Conway Street living room with Colonel Solomon, Jim Flower and others eating lemon squares and setting forth how we would get a seat for Al in Harrisburg. Al was a tireless worker to earn the confidence and support of his fellow citizens, and he was indeed successful. A friend of mine who has served capably in both Republican and Democratic administrations in Harrisburg told me once that Al was an effective legislator in part because he was bilingual, that is, he spoke both Democrat and Republican. He appealed to the sensibilities of members on both sides of the aisle. I think that a judge should have a solid record of service. Al's work in the State Legislature, his work in the D.A.'s Office, his involvement in countless charitable and foundation activities have prepared him to be compassionate even as he is reasonable and fair. In 2000 Al made a run for the Congress. He worked passionately to beat the demographic odds, but for a number of reasons it didn't happen. I remember a couple of weeks before the election sitting in Al's kitchen working on 13 a position paper with him. He asked me what I thought of his chances. I told him that I believed that we were behind. He asked what I thought he could do to improve his chances to win. I said that in my view he would have to become much more aggressive and direct in challenging his opponent's voting record and positions on key issues. Not a mud-slinging approach, but certainly a more pointed confrontational strategy than Al had ever used before. He thought about it for a moment and said, no, Todd is an honorable guy, and we have run our campaigns focused on our own strengths and not the other's weaknesses. That ended that. I recall one night at a question and answer forum somewhere. An obviously well-prepared and thoughtful gentleman asked Al a question that must have taken sometime to compose. For some reason after the question was asked there was short break in the proceedings. And Al walked over to me and said what do you think. Acting as what passed for his issues guy in those days, I gave Al my best proposed answer. He looked at me and said with a straight face, I have got an answer, what's the question. In my view a judge should be at peace with the undeniable understanding that you don't get them all exactly right, and that disappointment itself is a great teacher, and that resilience is a virtue. Al, like the rest 14 s i of us, has had his share of bumps and bruises. I won't ever forget our conversation the morning after that election I got a call from Al, which I answered in my most concerned, caring and disappointed voice. Al said, hey, I won't need my campaign office anymore. Do you want to pick up the lease. A few minutes later another call from Al, and I thought, well here comes the disappointment and the philosophical spin of defeat. Instead, Al said, I forgot to tell you that my office tables and chairs are for sale too. So much for wallowing in self-pity. Al's state service over the last few years in the Ridge, Schweiker and Rendell administrations has given him further insights and executive experiences into the working of the public sector. I believe that notwithstanding that the judiciary is in some respect independent and isolated, the courts are truly public sector functions, and, therefore, judges must reconcile the judicial deliberative process with such things as public financing, the election process and governmental oversight. I believe that Al is well prepared to work capably in this unique environment. Al, as you go forward, it is clear that you have the overwhelming support of the citizens of Cumberland County. You have earned the respect of your professional 15 Y colleagues. We believe in your wisdom, your experience, your integrity, your faith, your personal strength and your sound judgment. It is therefore with great enthusiasm that we recommend you, a native son, to the bench of the Court of Common Pleas of Cumberland County. JUDGE BAYLEY: It is a great pleasure to administer you this oath of office and to welcome you to this court. (Whereupon, the oath of office was administered by the Honorable Edgar B. Bayley, P.J.) JUDGE MASLAND: May it please the court, Judge Rambo. Thank you, John, for your friendship, advice and humor. I hope that was humor. There is much I could say, but I cannot possibly pack it all in today nor should I. Technically I have ten years, but from a practical standpoint, I realize that I am the only thing standing between you and early dismissal, plans for this evening or a nap. And I desperately want to avoid inducing the latter. But more importantly, I am the only thing standing between my future President Judge, Kevin A. Hess, and his ride to the Mummer's Parade in Philadelphia. So for those reasons and out of deference to the current president judge, who has never admonished an attorney for being succinct, I will share a few brief reflections. Wait, your laughter is going 16 I k t to make it go too long. I will share a few brief reflections on moving from the bar to the bench. And I make that move with a keen sense of history and an acute sense of humility, and what I pray is an unquenchable yet realistic sense of hope. First as to the history, this courthouse, this courtroom is history. And I cannot tell you how honored I am to receive the oath from President Judge Bayley, the man who I will succeed. It does not happen very often, maybe every Blue Moon, and we will have one of those tonight. But I am extremely honored to succeed him, who he succeeded, Judge Dale F. Shughart -- President Judge Dale F. Shughart, who had served for thirty-five years. And he had succeeded seven prior president judges. If you will look at the photos in the back, you can go over their names. There are Sadlers and Biddles and Reese, all the names that as a boy growing up in town I heard about or I saw on buildings. So it is really quite an honor. Now, when you come into my chambers in the next week or so, when I am finally moved in, you will see a photo that may appear out of place. I am on the pitcher's mound, my last year of Little League, wearing an MJ Mall Cardinal's uniform. MJ Mall has a slice of history. And I am receiving the ball for the first pitch of opening day that year from Dale F. Shughart. 17 n Now, little did he or I suspect at that time that this day would occur. And, frankly, at the time I was more impressed with the fact that Joe Clippinger of the Candy Barn was also there. If you knew the Candy Barn, you know where I am coming from. But today I appreciate receiving a far greater responsibility than throwing out the first pitch. Starting out on Monday I will be calling balls and strikes. And when you enter the courtroom, Courtroom 5, you will see behind me, "Where Law Ends, Tyranny Begins," a quote from William Pitt the elder. As an attorney sitting in Judge Hoffer's courtroom for years seeing that up on the wall in Courtroom 3, I could appreciate superficially the gravity of that quote. But as one who will inherit that quote from Judge Ebert, I needed to know more about the contents of the words that will appear behind it. It was 1770 and William Pitt the elder was engaged in a debate in The House of Lords over the action by the House of Commons to deny the rightfully elected John Wilkes from taking his seat. Now, Wilkes, for whom Wilkes-Barre is partly named, was a thorn in the side of the crown. The lower house was basically doing the king's bidding. And the upper house, The House of Lords, was in a state of denial. So William Pitt rose in the debate with Lord 18 n t Mansfield, and I encourage you, I will not read the whole debate, don't worry, I encourage you to Google it and find out about this debate. But Pitt challenged the affront to the Magna Carta and the affront to the constitution and concluded his message with those stirring words saying, "Unlimited power is apt to corrupt the minds of those who possess it; and this I know, My Lords, that where law ends tyranny begins." Now, he lost the debate. Wilkes wasn't seated at that time, but his words live on here in Cumberland County. Now, at one point in the last few months, and Melissa Calvanelli knows well about this, it looked like Judge Ebert was going to move that quote, and I needed to come up with my own new quote. So I searched around, and happily, happily, I did not have to find a quote, because Judge Ebert is keeping Judge Bayley's quote in Courtroom 2. And I came to realize that Courtroom 5 is not really my courtroom. It is yours. And the quote behind me is not my quote. It is yours as well. Eventually another judge will take my place in the conversation that we call administering justice. So until another unlikely little leaguer comes along, I will try to be a steward of justice and keep his or her seat warm. The sense of history drives me-inevitably to humility. And that's hard to have sometimes on the bench. 19 Ow There was a former court of appeals judge, Harold Medina, back in the last century who said, "We cannot deny the fact that a judge is almost of necessity surrounded by people who keep telling him what a wonderful fellow he is. And if he once begins to believe it, he is a lost soul." Now, I had that experience a little bit in the House of Representatives, although there I kind of kept my first name a little bit longer. But becoming a former representative was a very good antidote to an inflated sense of self-worth. You find out who those friends really were. And not that I am disparaging anybody that's going to call me Judge Masland instead of Al anymore, but I know it is out of respect for the office and not just me. And I know,not to take it too seriously, not to take myself too seriously. But a better antidote actually to becoming a former state representative will be serving with my good friend Judge Guido on the bench, who I am sure will keep me from thinking too highly of myself. And I say that out of great love, admiration and respect for a man who was also in that living room way back when with the lemon squares. I aspire to the excellence of the current bench, and to those who have gone before, like Judge Rambo and Judge Sheely. But I am not a Shughart. I am not a Sheely. I am not a Bayley. And in spite of the inevitable comparison with them, although probably the one you will 20 s a z hear most is that Judge Bayley never took that long to decide. That is likely to be heard. In spite of those comparisons, I cannot be anyone else but me. As Justice Benjamin Cardozo once noted, "We may try to see things as objectively as we please, but we can never see them with any eyes except our own." To that test, they are all brought, a form of pleading, an act of parliament, the wrongs of paupers or the rights of princes, a village ordinance or a nation's charter. In all those tests, I will surely turn to my colleagues for advice. But in the end I am left with no eyes but my own, which could drive one to despair. But instead, just as a sense of history drives me to humility, the two, history and humility, combine to send me to hope. It is far too easy to be a pessimist these days. As we move into the second decade of this century, I prefer to be optimistic and not merely because of this day and the challenge that lies ahead. In the nation of Judah's darkest hour, darker than anything we face, the prophet Jeremiah proclaimed to the exiles in Babylon, "For I know the plans I have for you," declares the Lord, "plans to prosper you and not to harm you, plans to give you hope and a future." And it is that kind of hope that I hope to carry with me, but not just for me. 21 i i I have great hope for others, for all those who enter my courtroom. I hope in Courtroom 5 they will be confident, not that their cause will prevail, but that it will be fully heard and fairly decided. And that they will leave, if not with a sense of peace, than at least with some sense of solace. But for me the hope I have is, again, not that I will make a difference, because as a judge that is inevitable, but rather that I will have a positive impact on those around me, that I will make a positive difference in their lives. I cannot conclude without a few words of thanks. Truly without the people in this room, and some who could not be here, I would have been bereft of the hope that I just spoke of. First the legal community, at Judge Bayley's retirement he spoke of being inspired to practice law after watching District Attorney Harold S. Irwin, Jr., go toe to toe with defense attorneys, at the time Harold Sheely and George Douglas, in a murder trial. Now, I did not have the benefit of ever seeing those three giants in court together. But I had a similar experience when as a young law student Chris Houston and I went downtown and got to observe then District Attorney Bayley battling with Bill Costopoulos in an arson case. That was a treat and that was an inspiration. And there are many attorneys from those early days of practice 22 A +t to whom I am indebted for their courtesies and assistance. Just a few, Bob Frey, John Slike, Jon LaFaver, Frances Del Duca, Ruby Weeks. People like that made life easy for a young attorney. My best boss, who has a seat over there, he is not here right now, I have to mention as well, Justice Eakin. The best boss you could ever work for, other than the people of Cumberland County. I am thinking ten years ahead right now. And for more recent days I do have to thank Bob Saidis, Jim Flower and Carol Lindsay for giving me a place to hang my hat for these past six months. But the man who truly mentored me, as I broke up a second ago, was the DA that Judge Bayley observed, Duke Irwin. I was not a lot better at his memorial service either, I hate to say it. But if there is one person who is not here, other than my mother, who deserves my thanks it is Duke Irwin. Hal, give my best to Katie. Political friends are many. And I can't go through that list, because we really would be here forever, and you would not get to the Mummers Day Parade, Judge Hess. But two in particular who were with me through thick and thin, when I was a representative they guided me immensely, Senator Patricia Vance and Representative Jerry Nailor. Thank you for all of your kindness and all of your assistance and all of your advice. 23 4 f The two people who have been with me literally through thick and thin, were in that living room, were with me all along the way, Bill and Pat Solomon. I thank you so much, Colonel and Mrs. Solomon, for all of your assistance. But my final thanks goes to my family, as they should. My father and mother, what can you say, they are the ones that raised me to be the person I am, for better or worse, Dad, sorry. I guess mom was the better, and you were the worse. And I don't think any of the grandchildren will dispute that. Thank you. But that brings me to the one person who is here who really deserves all the thanks, and I am sure could go toe to toe with Mrs. Buell no matter how good a campaigner you are, my wife Debbie can go toe to toe with anyone. Thank you, Debbie. And, of course, our three children for giving me the opportunity to develop a judicial temperament, work on sentence guidelines, a second offense of failing to make one's curfew. Let me conclude with the words used by the writer of Hebrews to sum up his chapter on faith because it fits where I am at right now. He said, "Therefore, since we are surrounded by such a great cloud of witnesses, let us throw off everything that hinders and the sin that so easily entangles, and let us run with perseverance the race marked 24 out for us." To paraphrase William Sloane Coffin, "My faith got me in this race, but hope will keep me on the track." And as Judge Bayley recently advised, if you read the article in The Sentinel, "Once you are on the track as a judge, you don't have the luxury to look back. You do what you think is best at the time and then you move on." So in the process of doing that, I realize that I may lose my first name. I may even sadly lose a few friends. And occasionally I will lose my patience. But I pray to God that I will never lose my sense of gratitude for this great cloud of witnesses. Thank you. JUDGE HESS: Please be seated. Thank you, Judge Masland, for your uplifting remarks. I should tell you that I go back to his college days at Dickinson and now that he is no longer in the political arena, I get the opportunity to now confess that this is for me personally a long-awaited moment. And I know I speak for all of the bench when I tell you that we look forward to Judge Masland's service with great expectation. Today, and it is my privilege, by the way, to close these ceremonies, today is a day that we have welcomed several persons to a new chapter in public service. But we are seeing one of those chapters come to a close. And I 25 1 1 dare say that swearing in our newest judge was his last official act. I have known Ted Bayley since I was his law clerk in the District Attorney's Office almost forty years ago. Since he was around at the beginning of my career, I think it is only appropriate that I attend the end of his. When I met Ted, he was the Public Defender. He went on to be elected District Attorney and eventually the President Judge of Cumberland County. And he is the only person in our county history to have held all three of these offices. To call Ted Bayley tireless is an enormous understatement. He does the work of at least two judges. He is a no nonsense judge, who I am sure is already losing patience at the length of my comments. He is an honest and hard-working man who does not take himself or his office more seriously than he should. He has been to me personally a generous employer, a patient mentor, a gracious colleague and a loyal friend. And I shall greatly miss our daily association. And Cumberland County will miss a great judge. Thank you. Unless there is further business to come before the court, we will stand adjourned until the first Monday in January of 2010. (End of proceedings) 26 i •i CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Barbara E. Graham Official Stenographer The foregoing record of the proceedings on the within matter is hereby approved and directed to be filed. <" 17 7,010 Date -'4Ak evin A. Hess, P.J. inth Judicial District 27