A Memorial Birthday Message: Patti S. Bednarik

Patti S. Bednarik, Esq.

"Estate planning for pets" remains an important consideration for folks in a relationship with one or more beloved companion animals -- faithful pets -- whose well-being, even survival, depends upon a thoughtful owner. This is an awareness I've held for the past ten years or more, since being introduced to the concern by my dear late friend Patti S. Bednarik, Esq.

Tomorrow, May 21, 2014, would be her 57th birthday; but, so tragically, she left us last year on October 26, 2013, after courageous contention with cancer. 

Yet Patti feels quite near me this afternoon because of three events with synchronicity.

"Synchronicity" according to Wikopedia, is:

. . . the experience of two or more events as meaningfully related, where they are unlikely to be causally related. The subject sees it as a meaningful coincidence. The concept of synchronicity was first described by Carl Jung, a Swiss psychologist, in the 1920s. * * *

Three events today highlight this concept, and draw me close in memory of Patti.

Event No. 1: Patti's birthday tomorrow, which was brought to my attention by an email sent automatically from one of the social websites where Patti and I still remain connected as "friends", despite her death.

Event No. 2: An email message sent by Progressive Law Practice highlighting an article entitled In Pets We Trust: Providing for Animal Care After Death (05/20/14). The article discusses "pet trusts" -- a legal structure allowed in 47 states, including Pennsylvania under the PA Uniform Trust Act, effective in 2006.  I served on the drafting subcommittee, and advocated for inclusion of "pet trust" provisions (Sections 7738 & 7739), which thrilled Patti. That "pet trust" article demonstrates the new opportunities opened by animal-loving lawyers, like Patti.

Event No. 3: Another email message, sent by the Pennsylvania Bar Association, reminding members of the PBA Animal Law Committee about our upcoming meeting, to be held Thursday, June 5, 2014, at 11:30 a.m., in Harrisburg and Philadelphia, with conference call-in capability for members. Patti was founder and first chair of the Animal Law Committee.

Two months ago, I intended to post a remembrance of Patti by way of a Memorial Resolution drafted by me and Jesse Smith, Esq.  Perhaps from sadness, I delayed.

With such synchronicity at work today in three separate elements with a common thread, I get the message.  I must post that remembrance now, on the eve of Patti's birthday, in celebration of her life's work, loving and protecting animals.

The Memorial Remarks below were presented orally, with some alterations, at a session of the Dauphin County Court of Common Pleas, sitting in a Memorial Resolution Session, at 4:00 PM, Wednesday, March 19, 2014, on behalf of a committee tasked with honoring the memory of Patti, publicly. The final version, in PDF format, is found on the "Memorials" web page of the Dauphin County Bar Association's website.

Jesse, as committee chair, presented it, along with a resolution (omitted below), in a packed courtroom.  [My additions and links are indicated in brackets.]

I offered an oral "second" to the Memorial Resolution. My remarks (edited a bit from the court transcript) provide a fitting conclusion to this blog posting in Patti's honor, as she speaks directly to us.

Memorial Remarks for

Patti Rose Scheimer Bednarik

"It is not length of life, but depth of life."
-- Ralph Waldo Emerson

Introduction

Greetings to the Judges of the Court, to Patti’s beloved husband and fellow attorney Joseph Bednarik, to family members including her brothers Alan, Craig and Gary Scheimer, to friends and coworkers, and to her colleagues at the Bar.

We come together today to mark the transit of Patti Bednarik through our ranks. She stood among us, and then she was gone -- far too soon, on October 26, 2013, at the age of 56 -- after courageous fights with a major heart attack, kidney disease, and finally cancer.

She will be remembered. Her legacy will be perpetuated by those whom she inspired, and also through the work she accomplished.

From Plato and the Pythagoreans, through many religions, and into our common thought today, there is the notion that all good things come in threes. Today, as her professional peers, we think about Patti as a wonderful combination of three distinct qualities and roles, in one person.

This is not to disregard her roles as a spouse, a sister, an aunt, or a friend. But today, we celebrate her role as an attorney.

Patti was an unusual combination of:

• an administrator demanding accountability, 

• an advocate seeking change, and

• an adventurer indulging in exploration.

She demonstrated that one person can enforce legal standards and rules as an administrator while prosecuting cases, and then pioneer change in a new area – Animal Law - with passion as an advocate, and yet still enjoy living with excitement and wonder as an adventurer.

Think of these three roles as we tell her story.

Early Life, Education, and Travels

Patti was born on May 21, 1957, in Mount Lebanon, Pittsburgh, Pennsylvania, to Milton and Beatrice Scheimer, known to all as "Buzzy" and "Skippy". Her parents were sweethearts in high school, where Buzzy was the class president (with a great sense of humor), and Skippy was homecoming queen.

The Scheimers had three sons – Alan, Craig and Gary -- before Patti, their only girl. Justice Max Baer, one of Patti’s cousins, remembers the joy that the announcement “It’s a girl” brought to their family.

Her father affectionately called her “Rosie”; others called her “Patti Roses.” Always, a loving family molded Patti’s life. She eventually became an amazing aunt to eleven nieces and nephews, including her godson Benjamin Baer, who is now an attorney.

Patti was always an adventurer. At age 7, she went on a bike ride before learning how to use the brakes. She went over a cliff and hit a tree. This serious accident likely taught her something about consequences.

However, the memory of it did not keep her from relearning how to ride a bike during law school. Then, in 2012, she rode a bike 18 miles down a mountain in a Jamaican rainforest. We assume the length of the ride was due to her intentions, not to any lingering confusion about the brakes.

Patti was known from an early age as brilliant. However, she was also absent-minded. Can any of you relate to this?

Patti kept losing her house keys! To help, her father installed in their home what may have been the first keyless entry system in Pennsylvania, proving that obstacles can be overcome.

On August 23, 1972, a 15-year-old Patti decided to reserve that random day of the year, each year, for “celebration, introspection and reflection,” and for trying something new. She did this for the next forty years, resulting in escapades, new skills, and service to others.

Patti finished high school early so she could spend a year in Israel. Against all expectations, she returned home with a boyfriend who was not Jewish, but a Bedouin Muslim. Luckily for Joe, that relationship did not last, but it did provide Patti with experiences like riding a donkey sidesaddle to family gatherings.

Patti chose not to join the family appliance business with her father and two of her brothers. Instead, she started college at Pennsylvania State University, transferred to George Washington University for one semester, left college and worked for a year for the United States Senate Budget Committee, then returned to Penn State.

There she settled into a major -- Social Welfare. She excelled and became a College Marshal -- a student with near-perfect grades and many honors and activities -- who was chosen by faculty to lead her thousands of College classmates into graduation ceremonies in 1981.

During that one college semester in Washington, D.C., in 1977, she met her future husband, Joe Bednarik. He was finishing law school. She signed up on a “ride board” to share a ride to their mutual hometown, Pittsburgh. They would date for seventeen years before marrying in April 1994.

After college, Patti returned to Israel for a year to work for the United Nations, studying the elderly population there. She became fluent in Hebrew, which she later taught at her temple.

Upon her return from Israel, she first earned a master’s degree in social work from the University of Maryland, and then a law degree from UCLA School of Law, in Los Angeles, California.

Characteristically, immediately after graduation from law school, she went on a whirlwind tour of fifteen countries in seventeen days, before she began work at a California law firm as a litigation associate.

Joe accompanied Patti to California for her legal education and her early years of practice. He stayed there when Patti returned to Pittsburgh to care for her ailing mother. After her mother’s death, Patti got a new job – in Las Vegas, Nevada! So Joe who loved the desert was in Venice Beach, California; and Patti, who loved the beach, was in Las Vegas. But not for long.

Both decided to return to Pittsburgh – neither the beach, nor desert, but home -- in 1989.

 
As an advocate, Patti worked as an Assistant District Attorney in the Allegheny County District Attorney’s Office, while Joe got a job in Harrisburg.

Patti proposed to Joe in November 1993, with dramatic flair – she used the scoreboard at a Penguins hockey game at the Civic Arena in Pittsburgh before thousands of fans.

Work and Life in Harrisburg

In 1996, Patti began work at the Supreme Court Disciplinary Board in Harrisburg, when many of us came to know her.

Now begins our formal recitation of Patti's accomplishments, both as an administrator and also as an advocate, while she was among us in Harrisburg:

• Counsel for District III, Office of Disciplinary Counsel, of the Disciplinary Board of the Supreme Court of Pennsylvania (1996-2010)

• Member, Pennsylvania Board of Law Examiners, Supreme Court of Pennsylvania (2007-2010)

• Founder and first Chair of the Animal Law Committee of the Pennsylvania Bar Association

• Course Planner for the first Animal Law Conference presented by the Pennsylvania Bar Institute in 2004, and the planner thereafter

• Member (appointed by Governor Edward G. Rendell in 2006) of the Dog Law Advisory Board, where she helped pass a stricter law for commercial breeding kennels a/k/a puppy mills.

• Adjunct Professor of Law, first at Widener University School of Law (Harrisburg Campus) teaching Professional Responsibility, and then at Penn State (Dickinson) School of Law (Carlisle Campus), teaching its first Animal Law course.

• Director of Character and Fitness for the Pennsylvania Board of Law Examiners (2010-2013), where she determined the suitability of candidates for admission to the Pennsylvania Bar.

That is an impressive record.

How she acted, while doing all that, is better described by others who knew her:

• "Patti was honest, unaffected, and authentic. She said what she thought and didn't try to color it. And she was completely truthful, not because she wanted to be, but because she didn't know how to be anything else. She had a keen mind, an impressive intellect, and a wit to match."

• "In her teaching, Patti was as she was in all things -- incredibly patient, dedicated, and thoughtful. Patti had an enviable ability to 'connect' with people and share her passions. One testament to her teaching ability was that every year she taught, her enrollment grew."

• "Patti called me all excited to tell me about the seminar that she had finally managed to convince PBI to present on Animal Law and listed the topics that would be covered. I replied 'But Patti, you haven't included anything about service animals.' Patti didn’t miss a beat. 'You're absolutely right', she replied. 'Will you present on that?' Patti's enthusiasm was always so contagious. She had her topic and presenter."

• "Patti was not just a dreamer; she was a doer. Her aspirations rose high, while her work remained grounded. For those of us who watched her do it, we instinctively felt her passion, attention, and energy."

Patti loved animals and especially dogs -- perhaps the most devoted of pets. On weekends, Patti and Joe transported homeless dogs in legs of journeys to shelters, foster homes, and adoptive families. Patti continued this volunteer work until she could no longer drive.

After Hurricane Katrina struck, Patti and Joe traveled to Louisiana to work with the Humane Society, helping to rescue dogs abandoned in New Orleans. There they found and adopted their beloved Chow Chow, Trina, who became a star guest at the PBI Animal Law Conferences.

"Patti’s Battle"

Patti learned several years before her death that she had polycystic kidney disease and would eventually need a transplant. That time came in November 2012, when Patti was returning from a bus trip, helping victims of Hurricane Sandy. She had already survived a major heart attack in 2011. She celebrated her recovery in 2012 with a “Happy to be Alive” party attended by over 100 guests. Now she was engaged in a new battle for survival.

At least ten people immediately began testing to donate a kidney for Patti. One was Dr. Deborah Toder, a friend of Patti’s since age two; one was attorney Nadia Adawi, Past Chair of the PBA Animal Law Committee – neither was a match. Attorney Laurie Besden was a match and had committed to donate her kidney. Instead, Patti ended up receiving a transplant from a dying donor at University of Pittsburgh Medical Center.

But one week after the successful transplant, she learned from her physicians that she had Stage 3 cancer. After initial treatments, she and Joe returned to their mutual home, Pittsburgh, again. They bought a furnished house with a view of the home where Patti grew up.

So, after all her adventures -- parachuting from an airplane, paragliding over glaciers in Alaska, swimming with wild Hector Dolphins off the shore of New Zealand, riding the scariest roller coasters, studying tap dance, and engaging in meditation -- she returned to her roots: a familiar place, and her family.

Her sister-in-law, Deborah Scheimer, sent email updates about Patti’s condition under the heading “Patti’s Battle.” Patti contributed her own positive and grateful commentary when she could.

On Saturday morning, October 26, 2013, Deb sadly wrote: “Our dear Patti’s battle is over. She slipped away peacefully as she slept last night. May Her Memory Be a Blessing.”

Patti’s Legacy

Numerous stories and obituaries about Patti appeared, including those in the Pittsburgh Post-Gazette [Patti Bednarik / Attorney was advocate for animal rights, published 10/27/14], the Harrisburg Patriot-News [Aug. 23 Adventure challenges you to do something extraordinary on an ordinary day, published 03/30/13, and Pennsylvania animal-law pioneer remembered for both her passion and her compassion, published 11/05/13], and the Philadelphia Inquirer [Patti Bednarik: Champion of animal welfare, published 10/29/14]. These accounts highlighted the loss of a very special person, who bravely fought her last battle.

[For a touching personal reflection about Patti, by a young lawyer once taught by her, see: Patti Bednarik – My Inspiration, posted October 31, 2013, by Angelique M. Bailey, Esq.]

Conclusion:

In the November, 2013 Newsletter of the Pennsylvania Supreme Court's Disciplinary Board, the esteem held for Patti by her professional peers was stated clearly:

Patti’s enthusiasm and positive outlook were an inspiration to all who knew her.

She was a skillful lawyer, a passionate teacher and advocate, a generous, adventurous spirit, and a treasured friend.

We will miss her deeply.

Well said, and known as true by us, her Memorial Committee, about our dear friend and professional peer, Patti Bednarik, Esquire. * * *

Oral Seconding Remarks

in Memory of Patti S. Bednarik, Esq.

by Neil E. Hendershot, Esq.

I rise to second the resolution, and most particularly the second phrase of it, talking about how Patti was inspirational for us.

Patti was a special friend of mine.  Let's see, I think she was a special friend to anybody she knew.  Would you agree?  

I got to know her in 2004 or '05 when she was planning that first Animal Law Institute.  I got one of those calls.  She wanted to have someone talk about "estate planning for animals".  So I became the spokesperson initially for Estate Planning for Pets statewide in Pennsylvania -- because Patti wanted somebody to do that.

I followed her through some of her other challenges -- when she wrote [and arranged for] the PBA Quarterly articles about Animal Law, and when she worked to found the Committee on Animal Law of the Pennsylvania Bar Association.  Luckily I never associated with her in her professional role as disciplinary counsel.

Patti and I had a special relationship in another way.  We both had some physical suffering.  On my part, I had a burst appendix, and I've had a broken neck.  On Patti's part, she had a severe heart attack, kidney failure, and then cancer.

It is amazing how the Emerson quote [above] is correct -- It's not the length of a life, it's the depth -- and it's not the length of time that you spend with someone, it's the depth of your connection when you do it.  That's the way it was with Patti and me.

At the Animal Law Institute, we spent an hour and a half talking about her heart operation.  We approached subjects that lawyers generally don't talk about -- death, God, responsibility.  

One week before she had her scheduled transplant, she called me.  She said "I had to. I need to talk about those things again." For three hours we talked about those subjects again.

Then when she got the diagnosis of cancer, we started up an e-mail exchange and we talked about those [same subjects again].

I'm going to finish my second, not by speaking anymore about Patti; but I'm going to let Patti speak to you from some of those e-mail exchanges that we had, and some that [her sister-in-law] Deb posted.  

This is what Patti had to teach us, and now teaches you:

• One of the things that was reinforced in my life was how many wonderful, selfless, loving, and supportive people I have in my life, and how much I have to be grateful for.

• I know how fortunate I am to have such a loving committed family and such great friends.

• Before cancer, I was constantly multitasking and judging myself, mostly on how much I accomplished.  For example, I don't think I ever drove a car without listening to an audiobook.  Now, when I get into my car, I often don't have the radio on or an audiobook.  I am content to drive the speed limit and just concentrate on where I'm going. 

• I am learning not to judge myself for what I can accomplish and to just appreciate living.  There was an article in The New York Times yesterday entitled "The Value of Suffering" [by Pico Iyer, published September 7, 2013]. The author wrote that a Hindu tradition stated people should have to pay for suffering, because it is such a hidden blessing in people's lives.  Often, people gain a certain clarity about their life and their place in the world.  I have noticed that many of the cancer survivors whom I have met, seem to have a heightened sense of empathy and compassion. 

• I too believe we all have a mission and purpose in life that is God's Will.  I have been trying to express my gratitude everyday to God for the fact that my kidney is working well, and for all of the little things along the way that made it possible for me to get a transplant.

• Believe me, I will continue to try to celebrate the good things in my life, and to pray for good things in your lives.

So, I second the resolution.

"Closure": Change Expectations for End-of-Life

The Closure online multimedia educational project of the Jewish Healthcare Foundation, Inc., of Pittsburgh, PA, "is an initiative to change expectations for end-of-life." 

The Project's goal is "to empower consumers and healthcare professionals with easy-to-access, simple-to-understand information and resources to make educated decisions about end-of-life care."

No one wants to die. But the truth is everyone’s life will someday come to an end. It’s important to think about what you want, and what you want to avoid.

Closure is not going to make talking about death any easier. Nothing can do that. But our resources and tools will make the process of determining what you want at end-of-life less difficult and confusing.

The online presentations are professionally crafted, substantively accurate, seriously sensitive, and efficiently educational.

The Closure 101 Project offers "a curriculum of educational lessons dealing with an array of complex end-of-life issues."  The lessons cover issues arising from a medical diagnosis and treatments that may lead to decline and death.  How can we maintain dignity, respect, and love during such a stressful and demanding process that involves not only the patient, but a family and friends?

These lessons teach in twelve videos with slides, each introduced on that website:

1. Questions to Ask the Doctor -- People often have a lot of questions when they learn that they have a serious illness or that a loved-one has developed a life-threatening disease. Where should you start? What are the most important questions to ask? This lesson will help guide you through an open and honest conversation with your doctors.
2. Prognosis -- Many people with a chronic illness want to know exactly how long they have left to live. While no one can make an exact prediction, understanding your prognosis is very important in determining what treatments you want to pursue. This lesson will explain how to talk to your doctor about your prognosis and highlight what important questions you need to ask.
3. Decision Making -- There are many treatments which are often tried in patients with a serious, life-threatening illness to attempt to lengthen life. Sometimes these treatments are life-saving. Other times, these treatments may make little or no difference in how long or how well someone lives and may increase his or her suffering. This lesson highlights what decisions you may need to make and what to consider when weighing your options.
4. Advance Planning -- It’s important for you to plan ahead while you are healthy and able to make decisions about end-of-life. Planning ahead gives you the opportunity to get input from your family, doctors and religious advisors. This lesson explains why advance planning is important and teaches you how to complete a living will.
5. Hospice and Palliative Care -- Palliative care is appropriate for anyone with a life-limiting disease, including cancer, serious heart disease, end-stage dementia or lung diseases. It focuses not only on physical comfort, but also provides emotional and spiritual care. Hospice is a type of palliative care. This lesson clearly outlines the specifics of both options.
6. Medicare Hospice Benefit -- The original goal of the Medicare Hospice Benefit (MHB) was to support families caring for a dying relative at home, but that has evolved. The MHB now pays for medical, nursing, counseling and bereavement services to terminally ill patients and their families. This lesson outlines the key points of the MHB so that you can better access the services that you need when you need them.
7. End-Of-Life Care for Children -- Despite remarkable advancements in medicine, many children with a life threatening illness will die. In this lesson, you will learn about how and why the experience of serious illness and dying is different for children and see what solutions pediatric palliative care can offer in those situations.
8. Caregiver Stress -- Caring for someone who has become ill or losing a loved one that you were caring for can induce a stress response. We cannot make stress go away but we can change how our brain responds to it. This lesson introduces a series of healthy lifestyle behaviors and the techniques that will reduce the influence of stress on your mental and physical health.
9. Long Distance Caregiving -- Long distance caregiving has its own unique challenges. This lesson provides you with the tools to overcome those challenges. You will learn about available support and resources as well as new techniques to ensure that you are also taking care of yourself.
10. When Your Loved One is Dying -- Being a caregiver to someone who is dying can be a meaningful experience. But you may have a lot of questions about what to expect and how to care for your loved one. This lesson will help you gain a better understanding of the changes that are taking place and explain what to do if something goes wrong.
11. Grief and Mourning -- Death is part of the life cycle that will affect all of us in our lifetime. Grief is one of the most universal human reactions, yet it is unique to each bereaved individual and can be very isolating. In this lesson, you will learn the six tasks of mourning, uncover myths and symptoms surrounding grief and learn where to find support.
12. Religious and Cultural Issues -- Each religion or culture has its own way of dealing with the fear, moral uncertainty and deeper meaning associated with death and dying. This lesson will introduce you to end-of-life traditions from varying religious and cultural backgrounds.

I viewed most videos and recommend them.  There is no "religious" message or agenda promoted, despite sponsorship by a faith-oriented organization.  The lessons seem suitable for all faiths and cultures.

The website also offers a personalized Self Assessment to help customize and specialize online learning.  If you register, the website can retain logged user information to resume viewing sessions later.

These lessons could be the foundation for group teaching or discussion in a community or church setting.

The Closure website lists many valuable collections of resources, such as:

• National Resources: Quick links to useful Web sites and online tools that can help you broaden your knowledge about end-of-life care issues and aid in your decision-making process.
• Southwestern Pennsylvania Resource Directory: A comprehensive guide to resources about end-of-life issues for residents of southwestern Pennsylvania. 
• Helpful Tools: An index of important documents and tools for end-of-life planning that you can download and complete.
• Books and Manuals: A listing of books and manuals dealing with end-of-life care issues.
• Useful Terms: An online glossary of important terms and acronyms for patients and families.

These are valuable end-of-life coping resources that should be made available to patients in treatment centers and hospice facilities everywhere in Pennsylvania.

Autopsies' Open Records Inspections Delayed

The Associated Press reported, on December 29, 2009, in a brief article entitled Pa. judge: Coroner can delay filing autopsy report that "[a] county judge in south-central Pennsylvania says a coroner doesn't have to release the means of death of a 21-year-old man until the end of January."

Cumberland County Coroner Michael Norris refused to release the means of death for Shippensburg University football player Thomas Rainey, a Landisville man who died in an accident in April. Authorities have said the death wasn't suspicious.

WGAL-TV asked President Judge Edgar Bayley to order the coroner to release the information.

Bayley says the Right-to-Know Law that took effect this year doesn't supersede the state Coroner's Act. That law requires the autopsy report to be filed within 30 days of the end of the calendar year in which the deaths occurred.

I have not read the county court's opinion disposing of the issue, because I did not see it posted online yet among available Cumberland County, PA Judicial Opinions.

However, one can read the entire record of the underlying administrative proceedings and the final determination opinion & order that was appealed to the Cumberland County Court, by way of the Pennsylvania Office of Open Records, under its Docket No. AP 2009-0337, which includes that Office's Final Determination Opinion, dated July 24, 2009 (PDF, 10 pages).

That Final Determination recited the arguments of the parties, and noted the conflict in the new, sweeping Right-to-Know Law effective January 1, 2009, versus Pennsylvania Coroner's Laws, including the “Coroner’s Act,” 16 P.S. §§ 1214 and 1231-1260, as contained in the County Code, Act of August 9, 1955, P.L. 323, as amended.

The Pennsylvania Supreme Court's January 22, 2009 opinion in Penn Jersey Advance, Inc., d/b/a Easton Publishing Company v. Grim, 599 Pa. 534 (2009) had made it clear that autopsy reports are official records, and thus are open to the public. But, in a footnote, the effect of the new Right-to-Know Law was left uncertain:

We note that section 708(b)(20) of the recently-effective Act 3 of 2008, the “Right-to-Know Law,” provides an exception from public access for certain records relating to autopsies. See 65 P.S. § 67.708(b)(20).

The Right-to-Know Law further provides that “[i]f the provisions of this act regarding access to records conflict with any other Federal or State law, the provisions of this act shall not apply.” See 65 P.S. § 67.3101.1.

The Right-to-Know Law became effective on January 1, 2009, see 65 P.S. § 67.3104(3), and thus has no application to the events underlying this case..

Accordingly, we express no opinion at this time on the relationship between the Coroner’s Act and the Right-to-Know Law. [Paragraphing applied.]

The question then became, when does an autopsy report become such a public record available for inspection under the new open records law?

This one trial court now says: within 30 days of the end of the calendar year in which the death occurred, pursuant to the Coroner's laws, which prevail over the Right-to-Know law.

That can be a long time for news organizations wanting to report a story. So, stay tuned to see if that decision is appealed further or if legislative change is advocated.

Executing versus Engaging a HCD

At year's end, I noted many articles recommending execution of a health care directive or a "living will", as an important aspect of personal planning.

Engaging surrogate medical decisions in an end-of-life setting is more difficult than executing a document authorizing it.

The ramifications of a surrogate's medical decision, resulting in a patient's death, can last long and feel lonely.

In "Gwen was very lucky to have a friend like you" published in The Morning Call (Allentown, PA) on January 3, 2009, residual guilt was the subject. Such powerful feelings persisted in a questioner, despite a rational determination and a loving approach, which released a suffering friend consistent with her prior directions.

With permission granted by the columnist, Marc Gellman, I repost the question posed to him by a health care agent who fulfilled her role, but who still suffers anguish.

Gwen was very lucky to have a friend like you

Q: For 15 years, I held medical power of attorney for my best friend, whom I loved and respected. She was very sick for a long time and well aware that her time on earth was short. She even planned her own funeral and had a do not resuscitate order (DNR) in effect.

Many times, my friend stated that she didn't want to be tied to tubes. On one very horrible day, she choked and was taken to the emergency room, where the staff contacted me. When I arrived, the doctor informed me that they had worked on her for a while but couldn't keep her brain functioning and that it would be humane to let her go. I granted permission, and shortly after, she passed away into the arms of God.

Now, for my question ... I've always tried to live a life where you do not hurt another, much less agree that someone should die. For so many years, I fought to keep my friend strong and healthy, and I never gave up on her. Now, my soul is so heavy. I know I respected my friend's wishes, but my heart says I let her down and watched her die -- in essence, I killed her by not doing anything to save her.

Does God see me now as a murderer? How do I balance having medical power of attorney and honoring my friend's wishes with the torment my soul is going through? Most of all, how can I ask God to forgive me for letting her die?

-- Gwen's friend, via e-mail

The columnist's answer relies both on rational arguments and also on religious faith:

A: First, try to remind yourself that for 15 years you kept your friend alive. You helped her achieve a quality of life she would have never been able to achieve without you. At the end of her life, it was simply time for her to go.

It's important for you to understand that your friend was not dying when you received that phone call; she was already gone. Brain death is death, according to all medical and medical ethics guidelines.

Although you may feel like the catalyst to her death, it was God who took your friend, not you. Please let go of the burden on your soul. No one could have had a better friend than you.

The burden you feel now is not a sign of guilt, but rather a sign of love.

The column, entitled The God Squad, is syndicated through Tribune Media Services, 2225 Kenmore Ave., Suite 114, Buffalo, NY 14207. The columnist can be reached at godsquadquestion@aol.com.

Acting as a health care agent is challenging and fulfilling, but also painful for the sensitive person.

Capability to make decisions is one criteria for selection of an agent. Reliability to implement choices based on a patient's personal preferences is another criteria. Ability to accept the consequences of decisions made is a painful final criteria.

Journeys and Journals by Dying Folks

In the movie The Bucket List (2007) "two terminally ill men escape from a cancer ward and head off on a road trip with a wish list of to-dos before they die."

But what if they wanted to do was blog about dying, that is, write a public daily journal about their progress and reactions, good or bad -- what would they say?

One man's statements are found in a Dying Man's Daily Journal, which began on September 26, 2006, with a statement about the author's situation and his intentions:

I am dying, so why am I on the internet telling the world about my problems? After all a lot of people are dying and in a lot worse shape than I am, being in pain or severe discomfort.

I have a bad heart after 4 heart attacks and in congestive heart failure. According to the doctors I could go basically any time. * * *

[It] is my hope that by journaling my experiences, I can maybe help others when they are faced with the same issues. I have prepared myself and right now have no fear. * * *

After more than two years, he was still writing:

I am a 54 year old male and my doctors have told me I am dying. It is my hope that by sharing my experiences, I can encourage others faced with the same situation. I hope to also help the families of those individuals to have an understanding of the process and deal with the fear or dread of being around the dying.

I am not a doctor, not a man of the clergy, I am not a therapist. I am just me, Bill Howdle, I am merely sharing my thoughts and ideas. I write of death and dying, understand this is my personal prospective, based on what I am encountering.

Since Bill began his online journal, his site counter recorded over 170,000 hits, while he soldiers on, surprised.

But neither wild antics nor writing can shield us from suffering and death.

Another man, Leroy Sievers, a blogger, podcaster, & commentator for National Public Radio, made public his fight with cancer, beginning a few months earlier than Bill.

In May 2006, Leroy Sievers began a Morning Edition commentary on his fight with cancer by saying, "My doctors are trying to kill me."

For more than two years since, Sievers contributed a monthly commentary to Morning Edition, wrote the daily "My Cancer" blog on NPR.org and voiced a weekly podcast. * * *

Then one day after his wife, Laurie, noted on Leroy's Blog, "Leroy is planning to be back next week," NPR sadly announced on August 16, 2008: "Leroy Sievers passed away on August 15, 2008, at the age of 53."

I'm so sorry to bring you this news. Leroy passed away last night. It happened very quickly.

You will hear from Laurie later. In the meantime, please let me tell you something all of you already know, how much this blog and all your comments have meant to Leroy. He felt all the affection and good wishes and strength you sent him every day.

He told us that of the many things he had accomplished, he was proudest of My Cancer. The connection he felt with all of you made such a difference in his life. * * *

I had followed his broadcast commentaries. I remember exactly where I was when I heard the announcement of Leroy's death over the radio. I, among millions of others, had lost a long-distance friend, a fellow journeyman.

What is most extraordinary is the continued posting, by Laurie, of almost daily entries on his blog, which now has become his and her "My Cancer" blog.

Instead of contemplating his deteriorating physical illness, she ponders her permeating grief after his death.

Both degeneration and loss rob a person of peace. Yet, in journaling, we can explore pain, distill lessons, form faith, and create healing, if not in the exact way we might have hoped at the outset.

The writing need not be public, but it must be personal to be helpful. And if a journaling writer is strong enough to post thoughts publicly, then others can share and learn too.

It is that desire to teach lessons personally experienced that motivated Professor Randy Pausch, of Carnegie Mellon University, in Pittsburgh, PA, to record a "last lecture," as described by Wikipedia:

He gave his "The Last Lecture" speech on September 18, 2007 at Carnegie Mellon. Pausch conceived the lecture after he learned that his previously known pancreatic cancer was terminal.

The talk was modeled after an ongoing series of lectures where top academics are asked to think deeply about what matters to them, and then give a hypothetical "final talk", with a topic such as "what wisdom would you try to impart to the world if you knew it was your last chance?"

The talk was later released as a book called The Last Lecture, which became a New York Times best-seller. * * *

What would your "Bucket List" include, your blog entries describe, your "Last Lecture" say?

* * *

"It's not about how to achieve your dreams. It's about how to lead your life.
If you lead your life the right way, the karma will take care of itself. The dreams will come to you."
-- Randy Pausch

History Channel Airs "Corpse Tech"

On Friday, November 28, 2008, from 7 to 8 pm, The History Channel aired a Modern Marvels episode entitled "Corpse Tech" (2008, 50 mins.) that featured Dauphin County (PA) Coroner Graham Hetrick and Funeral Director Nathan A. Bitner, both of Harrisburg, PA.

Celebrating ingenuity, invention and imagination brought to life on a grand scale, MODERN MARVELS® tells the fascinating stories of the doers, dreamers and sometime-schemers who created everyday items, technological breakthroughs and man-made wonders.

It may seem grisly or macabre, but a human's body remains useful long after the person who lived in it has passed away. From forensic investigations to medical experimentation to organ and tissue transplantation, every cadaver has a purpose.

In CORPSE TECH, MODERN MARVELS tours the boneyard to discover just how our remains are put to use.

Meet a County Coroner and visit the University of Tennessee's famous Body Farm to see how dead bodies contribute to criminology. And tour a morgue, a crematorium, and one of the largest tissue banks in the United States to discover the multitudinous fates awaiting our earthly vessels.

So, whether saving a life, catching a crook, or memorializing the departed, CORPSE TECH will show you how the job gets done.

The nationwide television appearance of Graham Hetrick and Nathan Bitner --both of whom I've known here in Harrisburg for awhile -- came as a surprise to me when I viewed the new episode.

However, their appearance had been noted in advance in a Press Release issued by Dauphin County, PA, dated July 23, 2008, entitled "Dauphin County Coroner to Appear on TV Show" (which only mentioned it in the title).

Graham noted the significance of death as an emotional and spiritual event that holds the deepest meaning. Nathan explained (and demonstrated) how rendering a corpse in a presentable way can allow for some closure in the grieving process.

The documentary was upbeat, detailed, and antiseptic in exploring the technological, business, and environmental aspects of its offbeat, but common, topic -- disposal of human remains by burial or cremation.

This episode is one of a few produced by The History Channel about death, which include:

• Crypts, Coffins and Corpses -- "From the Ganges River to a college of Mortuary Science, this is a comprehensive look at how mankind has dealt with the dead throughout the ages."

• Rites of Death -- "How does belief in an afterlife affect rituals which give meaning to the greatest and most terrifying of mysteries: death?"

• Business of Death -- "Go inside the San Francisco College of Mortuary Science, where they believe in hands-on training."

• Cemeteries -- "Industry insiders offer a behind-the-scenes look at the $20 billion American funerary business. It's the one journey we all make."

• Beyond Death -- "Mainstream researchers, mediums and those who have had near-death experiences help explore the eternal mystery of what awaits us when we die."

That last episode leads to the topic presented in A&E/History Channel's Paranormal State: Cemetery, which featured Pennsylvania State University students in their club affiliated with the Paranormal Research Society:

Other students at Penn State University join clubs to play chess, speak French or go camping.

But a special few share an interest that goes far beyond this plane of existence. They are The Paranormal Research Society (PRS).

Under the leadership of club founder and director Ryan Buell, the intrepid team sets out each week to discover the truth behind terrifying real life mysteries, hauntings and ghosts. * * *

If you are interested in their investigation at cemeteries, this is what that episode covered:

Spend some quality time among the gravestones with Ryan and the rest of the PRS crew as they track a disturbing force to a mysterious, unclaimed cremation urn.

• Forget the Ghostbusters! Call the Paranormal Research Society!
• PRS investigates cases submitted by ordinary people suffering hauntings and other phenomena.
• A gothic graveyard is a suitably creepy setting for PRS' latest investigation.

I know, I know . . . you'd rather watch Modern Marvels: Corpse Tech, like I did.

Well, I have some bad news, straight from The History Channel's website: "There are no upcoming airings within the next two weeks."

Catherine Baker Knoll, Senior Servant

Catherine Baker Knoll, the Lieutenant Governor of Pennsylvania, died on Wednesday evening, November 12, 2008, after a 4-month battle with neuroendocrine cancer, according to news reports, including "Lt. Gov. Catherine Baker Knoll dies" (11/12/08) by Tom Barnes, published by the Pittsburgh Post-Gazette.

Lt. Gov. Catherine Baker Knoll, the first woman ever elected to the state's second-ranking post, has died, the governor's office announced tonight.

Mrs. Knoll, 78, had battled a rare form of cancer. She died at 6 p.m. at the National Rehabilitation Hospital in Washington, D.C., according to Mary Isenhour, executive director of the Democratic State Committee.

Gov. Ed Rendell said he and his wife, Midge, "mourn the passing of one of the strongest, most dedicated public servants in Pennsylvania's history."

Even as she was fighting cancer, he said, "she remained upbeat and dedicated to serving the commonwealth. Catherine was a very passionate and exuberant advocate for many worthy causes." * * *

While serving as Pennsylvania's State Treasurer for two consecutive four-year terms (1989-1997), she started the Pennsylvania TAP program (Tuition Account Program), created the PA Treasury Investment Center, and started a partnership with the Pennsylvania Home Builders Association and Pennsylvania community banks to build affordable housing in Pennsylvania. See also: Knoll's Biography posted on the Lieutenant's Governor's website; and NNDB Mapper for "Catherine Baker Knoll."

Catherine Baker Knoll was sworn in as Pennsylvania's 30th Lieutenant Governor on January 21, 2003, when she was 72 years old (born 09/03/30), as the first woman to hold that office. She was reelected in November, 2006, when she was 76 years old.

She demonstrated that a woman in Pennsylvania (with a Roman Catholic faith) could rise to a high elective office in later life, even after prior political defeats and public controversies. As a feisty politician, she continued to change the state where she was born, was educated, had worked, and lived all her life. See: Catherine Baker Knoll: Slideshow, posted by the Pittsburgh Post-Gazette.

On the website of the Office of the Lieutenant Governor of Pennsylvania, a photograph of Knoll's smiling face appears above a press release now announcing the reactions of public officials to her death. Such testaments by her peers to her life's accomplishments are impressive.

But, as this Commonwealth enters a mourning period after her passing, I am likewise impressed about sentiments expressed by non-public people -- common folks -- who knew her also as a peer -- as a person, and a feisty person at that.

On the SmartTalk radio program broadcast by WITF-FM (Harrisburg, PA) on the morning of Thursday, November 13th on the topic "Remembering the life and career of Lieutenant Governor Catherine Baker Knoll" (MP3, 1 hour), at least two callers told stories about her passionate, proud participation in the annual motorcycle rally from the State Capitol in Harrisburg, to Gettysburg, to raise funds for the Gettysburg Battlefield Preservation Association.

At those events sponsored by A.B.A.T.E. (Alliance of Bikers Aimed Towards Education) of Pennsylvania, she didn't just make an appearance, or only make a speech; she rode the entire course with those burly bikers as a passenger on a State Police motorcycle driven by a State Trooper, at the head of the column (see photo above, taken on May 25, 2006).

At the 2006 motorcycle rally, she was 75 years old, riding on a road-bike in a windbreaker, smiling.

The Press Release on the Lieutenant Governor's website ended with her words, written near the end of her life in a letter sent to President-elect Obama after his win in the November 4th election.

She still looked forward:

"You inspired millions of Americans by putting your signature on a chapter of history that was waiting to be written. In doing so, you also sent a signal to the world that once again America has a smile on its face, that we intend to be as friendly as we are firm."

"I am proud of our Pennsylvania voters for standing tall when they were needed the most. In the years just ahead, I want our Commonwealth to fulfill your hope --- that we be neither a red state nor a blue state, but rather a state united by our passion for a better America."

Photo Source: ABATE Check Presentation Photo Gallery (May 25, 2006)

Cremation Society Settlement

On April 14, 2008, the Pennsylvania Funeral Directors Association and the Cremation Society of Pennsylvania, Inc. announced a settlement in an ongoing dispute regarding the rendering of cremation services by CSP in Pennsylvania.

The dispute traces back to complaints filed with regulators in 1999. In the absence of any regulatory action, litigation later was filed by private parties -- first by an individual funeral home operator, and then by PFDA, against CSP.

According to an article entitled "Scottdale funeral director seeks to shut down Cremation Society", by Paul Peirce, published in the Pittsburgh Tribune-Review on July 22, 2004, the first litigation questioned CSP's legal license to market and perform cremation services.

A Harrisburg business has been sued by a Westmoreland County funeral director who contends the self-proclaimed "oldest and largest cremation provider in Pennsylvania" is actually an unlicensed funeral facility that has been operating illegally for more than 22 years.

Scottdale funeral director Robert B. Ferguson Jr. is asking Common Pleas Court Judge William J. Ober for an injunction to shut down the Cremation Society of Pennsylvania Inc. because it is not operated by a licensed funeral director as required under the state's Funeral Directors Law.

"Without question, the society has been working in the field of funeral directing, but it is not a licensed facility as required under state law. I feel this lawsuit is crucial to the integrity of all proper, legally licensed companies which are in the business of funeral directing," Ferguson said.

Ferguson said the Dauphin County company claims on its Web site that it has more than 28,000 pre-arranged cremation contracts statewide.

"We feel all 28,000 contracts are illegal because the Cremation Society of Pennsylvania is not a properly licensed business," Ferguson said. "What really gets me are its ads that state, 'Why call a funeral home when you can call us.'"

Ferguson said he opted to pursue legal action against the firm because the state board of funeral directors has failed to take a decisive action on a complaint he originally filed with the regulating agency in 1999. The state funeral directors' licensing board falls under the Department of State. * * *

The initial lawsuit was followed by a second one filed in August, 2004, by a member organization of some Pennsylvania funeral directors: "PFDA filed suit in August against the Cremation Society of Pennsylvania, the Veterans Cremation Society and Dale A. Auer, owner of the two companies". See: "PA Funeral Directors Association Assists Consumers to Guard against Fraud", posted August 31, 2004.

PFDA and CSP appear to have settled the dispute finally, specifically addressing the "pre-need" cremation packages sold by CSP, as described in the Press Release, dated April 14, 2008, issued by PFDA, entitled "The Cremation Society of Pennsylvania Agrees To Cease Marketing Of Pre-Need Cremation Services -- Legal Settlement Agreement Recently Reached".

The parties have agreed to publish a notice to members of the Cremation Society who have executed pre-need cremation contracts advising the members of the opportunity to negotiate a new pre-need cremation contract with a licensed funeral director if they choose to do so.

If a member does not choose to negotiate a new contract, the existing pre-need contract with the Cremation Society will be performed by Auer Memorial Home and Cremation Services, Inc.

In the event a new pre-need cremation contract is executed by a member, the Cremation Society of Pennsylvania will take the appropriate actions to change the terms of the pre-need cremation contract and will take all steps necessary to transfer all funds, plus interest to the selected funeral home.

The PFDA Press Release concluded with this advice: "If consumers have any questions, they can contact Kathleen K. Ryan, Esq. at the Pennsylvania Funeral Directors Association by calling 1-800-692-6068."

I viewed the "Cremation" webpage (updated 05/08/08) of Auer Memorial Home and Cremation Services, Inc., but did not find reference to this settlement. However, its "About Us" webpage notes the connection between CSP and Auer:

Auer Memorial Home and Cremation Service, Inc. has entered into a service agreement with the Cremation Society of Pennsylvania, the state's oldest and largest provider of direct cremation.

Currently, there are nearly 28,000 individuals pre-arranged with our organization.

The Cremation Society of Pennsylvania, who performs most of the cremations for Auer Memorial Home and Cremation Service, Inc., utilizes a Ten Step Identification Process to guarantee the integrity of the cremated remains. * * *

Query: Given the announced settlement, isn't that last statement incorrect, as reversing the roles of CSP and Auer?

Update: 05/12/08:

In my original posting I had stated that, on July 12, 2005, the Pennsylvania State Board of Funeral Directors imposed regulatory sanctions in a proceeding against CSP. I was made aware this afternoon that CSP was never the subject of regulatory sanction over this issue. Thus, my statement was incorrect. Another cremation society with a similar name, but not CSP, was involved in such an action.

I revised the posting above by removal of that incorrect statement and of any references to regulatory action.

Dying in the Civil War

In Central Pennsylvania, there was big national news recently: On April 14, 2008, the National Park Service opened a new Museum and Visitors' Center at the Gettysburg National Military Park, in Adams County, PA.

Gettysburg holds a special place in American history, not only as a turning point in the war, but as the site of Lincoln's Gettysburg Address, in which he outlined his vision for the nation.

Completion of this $135 million project will enable the [Gettysburg National Battlefield Museum] Foundation and the National Park Service to make Gettysburg a classroom of democracy: a place that educates and inspires; a place that honors America by promoting a better understanding of the forces that shaped our national character. * * * [Link for quote]

This is national news, because the Battlefield at Gettysburg is a treasure of our American history:

The Battle of Gettysburg was a turning point in the Civil War, the Union victory in the summer of 1863 that ended General Robert E. Lee's second and most ambitious invasion of the North.

Often referred to as the "High Water Mark of the Confederacy", it was the war's bloodiest battle with 51,000 casualties.

It also provided President Abraham Lincoln with the setting for his most famous address. * * *

Born, raised, & still resident in Central Pennsylvania 25 miles northwest of Gettysburg, I have long been acquainted with the Battle.

Now older, as a "trust & estate" lawyer, I contemplate more seriously those "51,000 casualties" -- soldiers who were killed, wounded, or lost in action -- during three hot days on acreage away from home that can be toured now -- from one end to the other, and through both armies' lines -- in one day by car.

In the aftermath of the battle, every farm field was a graveyard and every church, public building and even private homes were hospitals. Medical staff were strained to treat so many wounded scattered about the county. * * *

By January 1864, the last few remaining patients were gone and so were the surgeons, guards, nurses, tents and cookhouses. Only a temporary cemetery on the hillside remained as a testament to the courageous battle to save lives that took place at Camp Letterman. * * *

Prominent Gettysburg residents became concerned with the poor conditions of soldiers' graves scattered over the battlefield and at hospital sites, and pleaded with Pennsylvania Governor Andrew Curtin for state support to purchase a portion of the battlefield to be set aside as a final resting place for the defenders of the Union cause.

Gettysburg lawyer David Wills was appointed the state agent to coordinate the establishment of the new "Soldiers' National Cemetery", which was designed by noted landscape architect William Saunders.

Removal of the Union dead to the cemetery began in the fall of 1863, but would not be completed until long after the cemetery grounds were dedicated on November 19, 1863. * * *

News reported locally during the Civil War was collected in searchable text made available online by the "Valley of the Shadow" historical project, created by the Virginia Center for Digital History, affiliated with the University of Virginia.

That Project digitalized and also cataloged the contents of three local Union newspapers published in Franklin County, Pennsylvania, and three local Confederate newspapers published in Augusta County, Virginia, that reveal the views of "two communities in the Civil War".

As a T&E lawyer, I found myself searching that Project's records under such terms as "estate", "probate", "death", and "court". The resulting death notices and announcements confirmed that there was an administrative aftermath to many deaths where property was owned by a decedent.

Estates back then were administered under state law (without any concern for federal law) in a simplified, but public fashion that mirrors the basic approach retained today in Pennsylvania -- probate of a last will or application of intestate laws, notifications to creditors, collection of assets, administration by a personal representative, litigation if necessary, final accounting to the Orphans' Court, and distribution of net assets to those entitled.

While browsing the Project's content, I was drawn back to the Battle of Gettysburg. Reading some newspaper articles published in July, 1863, I could experience the North's terror from the insurgents' "invasion", and the South's fervor for a final victory to end the conflict.

According to Confederate Field Orders issued by General Robert E. Lee, reprinted in the Franklin Depository on July 15, 1863, high morality motivated the invading army:

Headquarters Army Northern Virginia, Chambersburg, Pa., June 27, 1863
General Orders No. 73

The Commanding General has observed with marked satisfaction the conduct of the troops on the march, and confidently anticipates results commensurate with the high spirit they have manifested.

No troops could have displayed greater fortitude, or better performed the arduous marches of the past ten days. Their conduct in other respects has, with few exceptions, been in keeping with their character as soldiers, and entitles them to approbation and praise. * * *

It must be remembered that we make war only upon armed [illegible] and that we cannot take vengeance for the wrongs our people have suffered without lowering ourselves in the eyes of all whose abhorrence has been excited by the atrocities of our enemies, and offending against Him to whom vengeance belongeth, without whose favor and support our efforts must all prove in vain.* * *

The Battle of Gettysburg culminated on the third day in Pickett's Charge, the "High Water Mark of the Confederacy", where "[s]o much carnage [occurred] in such a small place -- it is difficult for us today to realize the horror those young men faced * * *."

A report in the Stanton Spectator on July 28, 1863, focused on the commitment and courage of the Confederate soldiers, but could not deny the carnage inflicted by the opposing Union army.

An eye witness testifies that they formed into line of battle as coolly and deliberately as if forming for dress parade.

Headed by their gallant officers, the column being led by General Pickett himself, they moved forward to the carnage across a plain, some 500 yards in width, subjected to the action of guns smoking like a hurricane of death all over the field.

The noble and gallant Pickett, commanding then pressed up to the ugly ramparts of the enemy. It is believed that a more gallant and heroic charge was never made on this continent.

Pickett's division has been in the hardest fighting of this bloody war. The division have borne themselves well and nobly, always and everywhere. But the crowning glory of those patriot heroes was achieved in the assault upon the ironclad crest of Gettysburg.

The list of casualties tells, in terms of truer eloquence, the bravery and patriotism of that blood-stained and self-honored division, than can any figures of rhetoric or poetry. Every Brigadier fell, and a long catalogue of Colonels and other officers.

The division went in from five to six thousand strong. Three days after the battle but fifteen hundred reported for duty. * * *

The Franklin Repository, on July 29, 1863, reflected on the sacrifices displayed on the battlefield:

On Tuesday evening after the fight, we found ourselves among the crowd of visitors to the battle field of Gettysburg.

There were many whose sad faces and anxious inquiries proclaimed their errand. Others, again, were busily attending to the necessities of the wounded; but perhaps in every breast there was felt something of that strange feeling which instinctively draws us to a battle field.

It is not a morbid curiosity as some would claim. It is with a feeling more akin to reverence that we draw nigh to the broad and bloody altar, on which thousands of our fellow beings have so freely laid down their lives for our redemption.

Such spots are shrines to which true patriots will ever make their pilgrimages; and we may rest assured that the nation is nigh destruction when it can forget or walk thoughtlessly over its battle grounds. * * *

A newly-released book provides an analysis how the people of that era were willing to die or to support causes that resulted in such massive casualties.

Professor Rea Andrew Redd, of the Eberly Library, Waynesburg College, in Waynesburg, PA, just posted on his blog, the Civil War Librarian, a notice about a new book, Awaiting the Heavenly Country, by Mark S. Schantz (2008, Cornell University Press, 256 pages).

The book analyzes attitudes towards death in America in the mid-nineteenth century. See: Just Released---From The Hearth, Through The Battlefield, To The Grave (05/06/08):

How much loss can a nation bear?

An America in which 620,000 men die at each other's hands in a war at home is almost inconceivable to us now, yet in 1861 American mothers proudly watched their sons, husbands, and fathers go off to war, knowing they would likely be killed.

Today, the death of a soldier in Iraq can become headline news; during the Civil War, sometimes families did not learn of their loved ones' deaths until long after the fact. Did antebellum Americans hold their lives so lightly, or was death so familiar to them that it did not bear avoiding?

In Awaiting the Heavenly Country, Mark S. Schantz argues that American attitudes and ideas about death helped facilitate the war's tremendous carnage. Asserting that nineteenth-century attitudes toward death were firmly in place before the war began rather than arising from a sense of resignation after the losses became apparent, Schantz has written a fascinating and chilling narrative of how a society understood death and reckoned the magnitude of destruction it was willing to tolerate. * * *

He quotes this passage from Mr. Schantz' book:

Americans came to fight the Civil War in the midst of a wider cultural world that sent them messages about death that made it easier to kill and to be killed.

They understood that death awaited all who were born and prized the ability to face death with a spirit of calm resignation.

They believed that a heavenly eternity of transcendent beauty awaited them beyond the grave. They knew that their heroic achievements would be cherished forever by posterity.

They grasped that death itself might be seen as artistically fascinating and even beautiful.

See also: "In the Mourning Store", a review of that book by Adam Gopnik, published in The New Yorker Magazine on April 17, 2008.

Today, the quiet, well-marked, Gettysburg National Military Park embodies everything that is "fascinating and even beautiful" about death in combat for a cause. The new Museum and Visitors' Center, with its architecture, collections, & illustrations, should aid our contemplation about the past tumult there.