THE GUARDIAN
2X06 - THE LIVING
ORIGINAL AIRDATE (CBS): 29-OCT-2002

WRITTEN BY DAVID HOLLANDER
DIRECTED BY LEE DAVID ZLOTOFF

TRANSCRIPT PROVIDED BY "TWIZ TV.COM - FREE TV SCRIPTS DATABASE"
PERMISSION FROM SIMONSPHERE, ICONIC SOUP'S SIMON BAKER WEBSITE
ORIGINALLY TRANSCRIBED BY SHIRLEY

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DISCLAIMER:
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The following is not a novelization or an actual script but a dry transcript of the aired episode that includes accurate word-to-word dialogues, settings descriptions, action scenes and/or camera movements where the transcriber felt they were necessary. This transcript is archived at "TWIZ TV.COM - FREE TV SCRIPTS DATABASE" courtesy of SIMONSPHERE. "THE GUARDIAN" and other related entities are owned, (TM) and © by DAVID HOLLANDER PRODUCTIONS and ROSECRANS PRODUCTIONS, INC. in association with SONY PICTURES TELEVISION and CBS PRODUCTIONS. This transcript is posted here without their permission, approval, authorization or endorsement. Any reproduction, duplication, distribution or display of this material in any form or by any means is expressly prohibited. It is absolutely forbidden to use it for commercial gain. For entertainment and educational purposes only. No infringement intended.
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TRANSCRIPT:
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Scene: Fallin & Fallin—Burton's office, after dark

Nick makes his way to Burton's office carrying a document.

Receptionist: Hi. Fallin & Fallin. Sure.

Nick knocks on open door and enters.

Burton: Hey.

Nick: Just got out of a meeting with Gary Ludlam from Velocity.

Burton: Well, you wanna take them on as a client?

Nick: No. They brought an offer. They want to buy Penex from Henry Thomas. I tried calling him but his secretary couldn't track him down.

Burton: Oh, he's on vacation.

Nick: Well, it's a very good offer. They're willing to pay forty a share.

Burton: Well, this offer's contingent on his staying on for three years. (Nick's cell phone rings—he notes the number calling and disconnects without answering—Burton looks put-out) Nicholas. The fact is, he's at the Nemacolin Lodge being treated for exhaustion.

Nick: Well, the offer expires in forty-eight hours. I am obligated to take it to him.

Burton: I'll do it.

Nick receives a page on his cell phone—he notes the number and prepares to leave.


Scene: Legal Services of Pittsburgh—after dark

Lulu: (Into the phone) Yeah, I've been holding for Dr. Sutura... Louisa Olsen…Archer. Actually, it's probably still Archer in your files... Yeah, well I wanted to talk to the doctor about coming in for some tests... (Nick appears in her open doorway and waits) I'm not really sure what kind. Would it be okay if I just spoke to the doctor about this in person?... Thank you... Yeah. I can be there, first thing. Okay.

Nick: Did you page me? Someone paged me.

Lulu: What, were you listening?

Nick: (Shakes his head) No.

Lulu: (Tersely) Well, it wasn't me. Maybe it was Alvin. He's in there with Laurie. I'm on my way out.

Alvin: Nick. We're in here.

Nick finds Alvin.

Nick: Did you page me?

Alvin: Remember those two kids you represented last year from Bloomfield—termination of parental rights? (Nick shrugs) The mother locked them in a closet at night and the father was physically abusive.

Nick: Oh, the Fantes. Yeah, I remember, Dale and, uh…

Alvin: Penny. You're still their guardian ad-litem.

Nick: Is there a problem?

Laurie: Dale's got leukemia. He's had chemotherapy; now they're looking for a marrow donor. They think Penny may be his best chance for a match.

Nick: They here?

Alvin: No, that's just it. Dale's still at the Allegheny Children's Shelter but the sister…

Laurie: I can't find her. The social worker assigned to the case, quit. And the file wasn't kept up.

Nick: She's missing?

Laurie: Yeah. And the brother may die.


Scene: Allegheny Children's Shelter—next day

Laurie: (Knocks on open door frame) Dale.

Dale: Do either of you have colds or anything? (Covers his face with a surgical mask)

Laurie: No.

Nick: No.

Dale: You sure?

Laurie: Yeah.

Nick: Yeah, I'm sure.

Dale: (Lowers mask from face) It's Mr. Fallin, right?

Nick: Nick.

Dale: What are you two doing here?

Nick: We're here to speak with you about your sister, Penny.

Dale: Oh, yeah. She's supposed to come in for the bone marrow transplant, right?

Laurie: Dale, we haven't been able to find her.

Dale: She ran away?

Laurie: We don't know.

Dale: So, you lost her?

Laurie: I'm sure she'll turn up.

Dale: Right. Right. That's what they said when my dog ran away. You guys, this is a big problem—like a really big problem.


Scene: Legal Services of Pittsburgh—meeting room

Policeman: So, the last time you saw her was in February and you haven't heard from her since then.

Dale: Like I said, we didn't get along.

Policeman: You gave me the names of her friends and your relatives. Oh, do you have a photo?

Dale: Yeah, I've got a few. (Removes an envelope from his pocket—laughs as he removes a photo and lays it on the table) Check out the family unit. God, I look so different with hair. That's Penny, right there.

Policeman: Those are your parents?

Dale: Yeah. My mom's somewhere in West Virginia and my dad's in prison. (Nick picks up the photo for a closer look) (Dale pulls up the sleeve on his left arm) Can you guess how I got that? Guess.

Policeman: Uh…

Dale: My Dad pushed me through a barbed-wire fence. I'm going to get it made into a tattoo when I get some money. (Nick hands the photo to the policeman—Dale takes it and tears it in half) I'm actually going to keep the half that shows me with hair.

Policeman: Thanks. We'll do our best. (Gets up to leave and Nick follows)

Nick: All right.

Dale: Hey, Officer. Do you think she's dead?

Policeman: Let's hope not.

Nick escorts the officer to the elevator.

Lulu: Nick. Here's your address for Agnes Lenbert.

Dale: Miss Lenbert. Yeah, she used to be our social worker. The chick was a flake. (To Lulu) Dale Fante. (Extends his hand) And you would be?

Lulu: Uh…Louisa Olsen. (Shakes his hand) Hi.

Dale: It's nice to meet you, Louisa.

Nick: Is this a home address?

Lulu: No, I don't know where she lives. Just, one of the social workers saw her working there and gave me the address.

Dale: You weren't here in the Spring when I was here.

Lulu: No. I was clerking then.

Dale: Oh. Like for a grocery?

Lulu: No. Like for a Federal judge.

Dale: Oh. Do you like Pittsburgh?

Lulu: It's okay.

Dale: You know… are you a Steelers' fan? 'Cause I can get really good tickets from these Grant A Wish people.

Nick: Dale, we have to check this out.

Dale: You can come if you want to.

Lulu: No. I have a meeting.

Nick: Dale. Let's go.

In the elevator

Dale: That girl…

Nick: Lulu.

Dale: Yeah. She thinks I'm interesting.

Nick: Really?

Dale: Yeah. You know, I've noticed, since I did chemo there's a certain type of girl that just seems to be fascinated by the whole thing. Like, when I was a jock, everybody thought I was an idiot, but now that I've got this disease, people think I'm deep. She's one of 'em.

Nick: You spoke to her for five seconds.

Dale: Yeah, well, I can tell these things.

Nick: Oh. (Nods his head with a slight grin)

Dale: She's pretty hot.

Nick: Yeah, well, she's pretty married.

Dale: Yeah, what's her husband going to do? Beat me up?

Nick smiles as they exit the elevator


Scene: Nemacolin Lodge--lobby

Mrs Thomas: Burton.

Burton: Hey, Marilyn. How are you?

Mrs Thomas: (With tennis racket in hand) I've just lost three straight sets to Jeannie Nicholson. That's how I am.

Burton: Ooh… sorry to hear about that. (Laughs) So, how's, how's Henry?

Mrs Thomas: He's being a pain in the ass. You know Henry.

Burton: Well… (Laughs)

Mrs Thomas: Go on upstairs.

Burton: Oh. Okay.

Mrs Thomas: I'll see you.

Burton: Oh, okay. Good to see ya.

Mrs Thomas: You, too.

Upstairs—Henry Thomas' room

Henry: (Dressed in pajamas and robe—talking with Harold) And the thing was… and I'm sure you're going to read way too much into this, Harold…

Burton is shown into the room.

Burton: Thank you. (To Henry) Oh, I'm sorry.

Henry: Stay, Burton. (To Harold) The thing was, that when the car broke down, the same song was playing on the radio the day my father died—Blue Moon. (Pauses) Come on in, Burton.

Harold: Hello, Burton.

Burton: How are you, Harold? I hope I'm not disturbing you, Henry. I just…

Henry: No. Randall gave me the fax about Velocity. Sounds serious.

Burton: If you're interested in a merger, yes.

Henry: Well, what's the offer?

Burton: Forty a share, cash.

Henry: Who's going to be the surviving entity?

Burton: Well, I'm sure Velocity wants to be. There's a clock on the deal. They have to know within, well, less than two days now.

Henry: Well, I'll drive back into town with you.

Burton: Are you sure? I mean, if you want to finish what you came out here for, I can table this.

Henry: No. I suppose I've been working for this my entire life.

Burton: Okay.

Henry: We'll have to get back to this, Harold.


Scene: Shoe store

Nick and Dale enter the store—Agnes is with a customer.

Agnes Lenbert: (To customer) …so the three comfort pads cushion the shock of the spiked-heels and the high-gloss leatherette…

Dale: That's her. (Points her out to Nick)

Agnes: ...never needs polishing. And, I have these in red and black. They're very flattering to your figure, especially when you're feeling a little bloated…

Dale: …and you wanna look like a hooker.

Agnes: Excuse me?

Dale: What, you don't remember me?

Agnes: Should I?

Dale: I used to have long brown hair. (Removes his Steelers' cap to reveal his bald head) Used to be my social worker.

Agnes: What happened to you?

Nick: When you worked with Social Services you placed his sister, Penny Fante.

Agnes: Oh, yeah.

Nick: We need to find her.

Agnes: I must have the address in my day-book in back. Let me just… get my purse. (Heads to the back of the store)

Nick: Thank you.

Nick notices the light streaming in when the rear door is opened—he goes to the back of the store and out the back—sees Agnes running across the parking lot and runs after her.

Nick: Hey! Hey!

Dale follows and falls in the parking lot. Nick stops to help as Agnes drives off.

Nick: You all right? (Reaches to help him up)

Dale: Don't touch, don't touch me, man. Don't touch me.

Nick: Okay. Okay.

Dale: I just don't like when people touch me. All right?

Nick: All right.

Dale: Just let me get my breath back.

Parking lot—Nick's BMW

Dale: (Nick starts car) You know, that social worker chick wasn't that fast. If I wasn't sick, I coulda caught her. (Smiles) What's your excuse? (Nick grins)


Scene: Fallin & Fallin—Burton's office

Nick: (Knocks on the door and enters) You wanted to see me?

Burton: Yeah, I did. Wanna close the door, son? Sit down. So, I went to see Henry Thomas and he wants to make the deal.

Nick: Great. I'll contact Gary Ludlam.

Burton: Good.

Nick: Is he feeling better?

Burton: Oh, I don't ask that sorta question. That's none of my business. But, he does want to meet with you, ask you some questions about the guys you're working with over at Velocity.

Nick: All right.

Burton: Now, there are a couple of ground-rules we should go over, Nicholas. First of all, with Henry, you never, ever wear green. Okay?

Nick: Fine. (Chuckles)

Burton: That makes him nervous. Don't ever shake his hand.

Nick: Okay.

Burton: And don't lie to the man. He catches you in a lie, he gets very upset. All right?

Nick: Sure.

Burton: All right.


Scene: Henry Thomas' office

Henry: Young Mr. Fallin. Sit down. (Sighs) Say, what do you think of this offer?

Nick: I think it's a pretty good deal. It's all cash. There's no financing contingencies.

Henry: You like this deal?

Nick: Like I said, I think it's pretty good.

Henry: You get paid, either way. The way I look at it, is a major shipping conglomerate wants to get into the ground transportation business. They hire some fancy New York consultant to find the best candidate. I'm it. So. Nick. Are we leaving money on the table?

Nick: I don't know.

Henry: That's the first honest thing you've said today.

Nick: I can set up a face-to-face meeting with Gary Ludlam to discuss deal points, if that works for you.

Henry: Why wouldn't it?

Nick: Well, if you're up to it.

Henry: What did you just say?

Nick: I can set up a face-to-face with Gary...

Henry: No-no-no. About me being up to it?

Nick: My father told me you're being treated for exhaustion.

Henry: What are you, suddenly a doctor or something?

Nick: No.

Henry: Well, you seem to think you are.

Nick: I was just trying to accommodate you.

Henry: Well, don't. Do what you're told; you'll get your fee.

Nick: Would you prefer to deal with my father on this?

Henry: I know this guy, he's a big guy. Used to play football for the Steelers. He started a business here in town; a line of automotive shops. One day he scraps it. Goes down to Texas, buys some land, raises cattle. He's happier down there. You know what he says?

Nick: What?

Henry: He says, there are cattle people and there are people who are not cattle people.

Nick: (Chuckles) Okay.

Henry: (Gets right in Nick's face—Nick stands his ground) Some people know how to handle themselves around livestock. Others do not. Your father knows how to move around livestock. (Nick nods)


Scene: Legal Services of Pittsburgh—Nick's office

Laurie: Mrs. Fante. We asked you to come here 'cause we hoped you could help us find your daughter.

Mrs. Fante: What do you mean?

Laurie: Has she been in contact?

Mrs. Fante: You don't know where she is?

Laurie: No.

Mrs. Fante: (To Nick) You stood up there in that court and said it was in Penny and Dale's best interest to have me out of their life.

Nick: Your husband was abusing them. You locked them into a closet at night.

Mrs. Fante: To keep him away from them.

Laurie: Mrs. Fante. As you know, after your rights were terminated, your daughter was placed with a relative.

Mrs. Fante: My ex-husband's sister, Helen.

Nick: (Cell phone rings) Sorry. (Into phone) Yes, Mr. Thomas.

Laurie: But she couldn't handle her. So a friend of the family stepped in to take custody. Unfortunately, that man gave us a false name and a false address.

Mrs. Fante: Who is he?

Laurie: John Starman.

Mrs. Fante: Star Man. It's his stage name. He's this guy that my ex-husband, Scottie, ran with a long time ago.

Laurie: Do you know his real name?

Mrs. Fante: Go over to the prison. Ask Scottie.

Nick: (Into cell phone) Yes, Mr. Thomas. Yeah. I will call them in five minutes and I will call you back. Okay.

Mrs. Fante: Did you bring Dale?

Laurie: Yes.

Mrs. Fante: Can I see him?


Scene: Legal Services of Pittsburgh—Meeting room

Dale: Hi, Mom.

Laurie: Mrs. Fante. Why don't you sit down?

Mrs. Fante: (Shocked at his condition) How are you?

Dale: Okay, I guess… considering last summer was all about going through chemotherapy. It sucked. But, I made a lot of friends at the hospital.

Mrs. Fante: Do you ever see that girl, Brittany, any more?

Dale: Courtney. No. We broke up.

Mrs. Fante: Those soccer guys?

Dale: Not really.

Mrs. Fante: Oh.

Dale: Where ya been?

Mrs. Fante: Working up at Ogleby Park. I'm a maid at the lodge.

Dale: You got a boyfriend?

Mrs. Fante: Hmm. Sort of. But, he's a drummer in a band, plays a lot of weddings and parties there. He lets me sing sometimes. You know, backup.

Dale: Sounds like fun.

Mrs. Fante: It's okay.

Dale: Ma, I need something from you.

Mrs. Fante: Okay.

Dale: I had a 12-string guitar in my closet and I want to take it up again.

Mrs. Fante: That? I sold it. Sorry, baby… sorry. Hey, you think if I give you a hug, is that against the law or anything?

Laurie: No.

Dale: (Mrs. Fante approaches Dale) Can't, Ma. Germs.

Mrs. Fante: Well, I'm sorry that you're sick, Dale. I gotta go. (Races out of the room)

Dale: Bye, Mom.

Nick: I'm going to talk with your father.

Dale: I want to go.

Nick: It's probably not a good idea.

Dale: Look, I haven't seen him since he got arrested. I haven't talked to him since he did that.

Nick: I have to stop by a client's office on my way…

Dale: I can wait. I've been thinking about him a lot since I got sick, and I want to go.

Nick: Okay.

Nicks looks through the window and into Alvin's office—sees Lulu looking back.

Nick: (To Dale) Five minutes. (Leaves the meeting room and follows Lulu to her office) Lulu. Can I talk to you?

Lulu: About what?

Nick: Lately you've been very short with me and... for the last month or so…

Lulu: Right.

Nick: Well, I want to know if it was something that I did.

Lulu: You represented my fiancé when he got arrested for picking up a hooker. Could be that.

Nick: Well, I couldn't tell you.

Lulu: Right. Right.

Nick: Is that why you went to the doctor the other day?

Lulu: No. Well, I mean, yeah, but, I got tested but I'm fine. A few months ago I'm talking to my gynecologist about maybe getting pregnant and now I'm getting tested for everything you can pick up. (Lulu walks away. Nick wants to say something but doesn't.) I know you have bigger problems than my home life. Don't you?

Nick turns and walks away.


Scene: Henry Thomas' office

Nick: Again, it's forty a share. All cash. Structure the deal as a reverse merger with Velocity as the remaining entity. They want to base operations out of Delaware.

Henry: Nick. Do you like being a lawyer?

Nick: Sure.

Henry: It's a profession of weaklings. You know what I love about you guys, is six-minute increments. Always billing in six-minute increments. Always thinking about time and the portion of money that it can bring. I got the sweats. You can see that. I've gone through three shirts already today. And my hands, are freezing, you know. They get cold, they get all clammy. I don't even shake hands any more. (Pauses) You were a coke addict, right?

Nick: That is none of your business.

Henry: You're a corporate lawyer so you can't actually be an addict. Right? (Suddenly agitated) You know something? I don't like Delaware. I want to keep it in Pittsburgh. Forty a share is just way off. The price is forty-nine.

Nick: They'll balk.

Henry: Forty-nine.

Nick: I'll counter.

Henry: Good. Let's just get this thing going. (Snaps his fingers)


Scene: Fallin & Fallin—Burton's office

Nick knocks on the door.

Burton: Come in. (Looks up) Hey.

Nick: Henry Thomas.

Burton: (Chuckles) Yeah. He's got his quirks, doesn't he?

Nick: He doesn't seem exhausted…exactly. Is there some kind of problem I should know about?

Burton: Well, I try not to pry into my clients' personal lives.

Nick: Well, you must have some idea.

Burton: What, you want off this?

Nick: No. I'm just concerned as to whether he's fit enough to run a major corporation.

Burton: He's been doing this since you were a baby, Nicholas. (Sighs) Is that it?

Nick: That's it.


Scene: Prison

Nick and Dale are ushered in for a visit with Dale's father.

Over intercom: Officer Denton. Officer Denton, report to processing. Officer Denton, report to processing.

Dale: Dad.

Mr. Fante: Good, God! (At first sight of Dale)

Dale: It's not as bad as it looks. I'm between treatments right now. I'm looking for Penny to give me a bone marrow transplant.

Mr. Fante: What are you asking me for?

Dale: Mom said you had a friend. Guy named Star Man.

Mr. Fante: Hippie Johnny.

Dale: Could be she's living with him.

Mr. Fante: What's she doing with him?

Nick: You know where he lives?

Mr. Fante: Used to park his camper behind his brother's scrap-yard—north side of South Park. That's all I can tell ya.

Nick: We should get going.

They start to leave—Dale turns back.

Dale: You know, I was afraid to come here.

Mr. Fante: Yeah. Guess I gave you some reasons.


Scene: Star Man's trailer—after dark

Nick drives up with Dale. There is a police car, in the yard, with lights flashing.

Nick: (On cell phone in his car) Yes, Mr. Thomas. They countered at forty-one. Yeah.

Penny: What are you doing? Ugh…

Nick: (Into cell phone) Yes. Yes. Look. I'm sorry. (Getting out of the car—yells to Laurie who is there with the police) That's Penny!

Penny: Let me go! Get off of me! You can't do this to me! Get off of me! (Struggling with police officers)

Nick: (Into cell phone) Yes, Mr. Thomas. Yes. I will. I will.

Penny: Please. Give me my baby.

Officer: (Holding a baby—to Laurie) Are you from Social Services?

Laurie: Yes.

Nick: (Into cell phone) I have to go. I will. I will. (Exits car, closes door and tosses cell phone onto the driver's seat, then goes to help)

Officer: Good. Then you can take her baby while we work this out.

Penny: Let me go. (Crying)

Laurie: Her baby?

Nick looks wide-eyed at Laurie and the baby.


Scene: Pittsburgh County Hospital

Over intercom: Brendan Herrington, to triage. Brendan Herrington, please report to triage.

Penny: Ouch! Dammit! (Doctor takes blood sample)

Doctor: That's all we need for the bone marrow test. Is there anything else you need to know? About tissue typing or what happens if you are a match for your brother? Hold that. (Places cotton swab on arm)

Penny: (To Nick) Are you still my lawyer?

Nick: I'm your guardian ad-litem.

Penny: Where's my baby?

Nick: The doctor's asking if you have any more questions.

Penny: I want to know where my baby is.

Nick: I think that's it, Doc. (Waits for doctor to leave) She's at a shelter right now. There's going to be a hearing on Thursday to decide where to place her.

Penny: Why can't she stay with me? She's had her shots. The place was clean. I was going to get a job. I was doing fine.

Nick: I can present that to the court.

Penny: The only reason anyone gave a rat's ass I was gone is 'cause they wanted something off of me. (Sighs) Sweetie needs me.

Nick: Sweetie? Is that your baby's name?

Penny: Her real name's Patricia but we call her Sweetie.

Nick: We?

Penny: Me and Johnny.

Nick: Johnny's the father?

Penny: Johnny? I wouldn't sleep with him. He's a paraplegic.

Nick and Penny go to another room where Dale is.

Over intercom: Dr. Allen. Dr. David Allen, line two.

Penny: Dale?

Dale: Hey, Penny.

Penny: You look really different.

Dale: Yeah. So do you. I heard you got a baby.

Penny: Yeah.

Dale: Can I see her sometime?

Penny: I don't think so, Dale.

Dale: Whatever you want.

Penny: I had this great little thing going, then you call the cops on me and they take her away.

Dale: Hey. I didn't call the cops!

Penny: Of course, you didn't.

Nick: He didn't. I did.

Penny: (To Nick) Whose side are you on? (To Dale) If you think I'm going to help you, you can forget it! (Storms out)


Scene: Henry Thomas' office

Nick: Mr. Thomas?

Henry: You ever read any theoretical science?

Nick: No. (Sighs) You wanted to speak to me?

Henry: There's this guy, a scientist. He's a genius. Life's work studying the atom. He comes to realize that the atom is made up, basically, of nothing at all, just space, really—nothing. And he starts to think that there is no foundation to the world. He starts wearing snowshoes inside because he's afraid of falling through the floor. I want them to make offers to my guys, guaranteeing them two years bonus for staying on. I want it to be called Penex-Velocity. I want the price to be forty-nine a share.

Nick: You want me to take this to them right now?

Henry: No. What time is this dog-and-pony show?

Nick: Nine o'clock tomorrow morning.

Henry: It's too early. Make it 2:00 PM. Can you do that?

Nick: Sure. I can do that. Okay. (Walks out)


Scene: Pittsburgh County Hospital—Doctor's office

Doctor: Congratulations! You're a match. You can donate to your brother.

Nick: Oh, that's good to hear.

Penny: Yeah. So?

Doctor: It's a minor procedure. The doctor will cut some very small incisions in the back of your hip and harvest the bone marrow from your hip bone. There's a one-night stay in the hospital.

Penny: Could this kill me or anything?

Doctor: There are very few risks involved.

Penny: But something could happen.

Doctor: Technically, yes. But this could save your brother's life.

Penny: I want to make a deal.

Nick: What?

Penny: I have a baby to worry about.

Nick: No. Your situation with your child is a separate issue.

Penny: I want to live with my baby. I want things back the way they were before all you people came down on me. Or no operation.


Scene: Courtroom

Nick: Penny would like to point out that her baby, Patricia, has had all her shots. Her clothes are clean. The baby had its own bassinette. She would like to return to the location where she was living when Social Services found her.

Judge Damsen: In a trailer. Ms. Shaw?

Kate Shaw: Your Honor. We're talking about a forty-three-year-old man living in a trailer with a fifteen-year-old girl and a four-month-old infant with no running water, no bathroom. She showers with her baby at the Y.

Judge Damsen: Your recommendation?

Kate Shaw: There's an opening at the Blylevy Center for teen mothers. She can continue her education, take parenting classes and the baby will be well taken care of.

Nick: Your Honor. I would also like to point out to the court that Penny's brother has leukemia and she is willing to undergo an operation to donate bone marrow to him.

Judge Damsen: It's not at all relevant, Mr. Fallin.

Nick: Just thought that you should be made aware of it.

Judge Damsen: Penny. The court is going to place you at the Blylevy Center. Finishing your schooling is more important than you know. We will re-visit this placement, ninety days hence.

Penny: (To Nick) This is not what I wanted.


Scene: Fallin & Fallin—Nick's office

Nick: (Enters his office—late) Mrs. Thomas. I'm sorry. Thanks for coming in with such short notice.

Mrs. Thomas: Not at all. I was at a cultural trust meeting and I wanted to speak with you anyway.

Nick: Okay.

Mrs. Thomas: Henry's people usually agree to a certain amount of volunteer work on causes that I'm involved with. We're working on re-building the aviary.

Nick: The aviary?

Mrs. Thomas: Yes.

Nick: I have a question. How often does Henry suffer from exhaustion?

Mrs. Thomas: He works very hard. Every three or four months he needs a little downtime.

Nick: And then he's all right?

Mrs. Thomas: May I confide in you?

Nick: Sure.

Mrs. Thomas: Henry's father killed himself when Henry was twenty, so occasionally Henry takes extra good care of himself. The next board meeting for the aviary will be two weeks from Wednesday. (Gets up to leave—Nick meets her at the door)

Nick: Mrs. Thomas. This deal that I'm working on with your husband, if it goes ahead, there's going to be a large increase in Henry's responsibilities.

Mrs. Thomas: Yes?

Nick: Is he up to it?

Mrs. Thomas: Mr. Fallin, I fail to see how that's really your concern. (Walks out the door—Nick follows)

Lobby, as Mrs. Thomas leaves

Nick: Thank you, Mrs. Thomas.

Laurie is waiting in the lobby.

Laurie: Nick. I talked to Penny again. She's still refusing to have the operation.

Nick: Oooh.

Laurie: The kid's going to die. What legal action can we take?

Nick: There's no law that states she has to donate marrow.

Laurie: I mean, can't a parent compel a child to have, say, an appendectomy or some other kind of life-saving operation?

Nick: But she has to volunteer. You can't force her to do anything. Look, Laurie, does Dale know?

Laurie: No.

Nick: I'll tell him.


Scene: Allegheny Children's Shelter—Dale's room

Dale: So that's it. There's nothing you can do.

Nick: That's right. That's it.

Dale: What a bitch. Well, I probably got a little bit over two years. I should probably start thinking about what I want to do. I want to go to the Rock 'n Roll Hall of Fame and I want to go elk hunting.

Nick: Elk hunting?

Dale: Yeah. Those Grant A Wish people, they won't let me go killing anything. (Angrily slams soccer ball into the wall)

Nick: Dale, I'm sorry.

Dale: Yeah, well, it's not your family.

Nick: No.

Dale: Well?

Nick: Good luck. (Extends his hand)

Dale: (Rejects Nick's extended hand) No offense, man. It's just germs.


Scene: Fallin & Fallin—outside Burton's office

Burton exits office as Nick approaches.

Nick: Ready?

Burton: The Velocity guys are in the conference room.

Nick: Is Henry here?

Burton: He's in my office.

Nick: What's he doing?

Burton: He says he won't come out until someone brings him his lucky socks and shirt.

Nick: He doesn't like what he's wearing?

Burton: Right now, he's not wearing much of anything. Look, I gotta get back in there. Go in there and see what you can do.

Nick enters Burton's office—finds Henry's shoes, socks and shirt scattered across the floor.

Henry: (Gazes out the window) My children. I love them so much. And one day they'll die.

Nick: Mr. Thomas. You're going to have to get dressed…

Henry: It's so ridiculous. You bring a life into this world and you love it so much and for what. The point being what? (Sighs) I waste my life—my time in here, working for money, and all I want to do is just be at home with my kids and then when I'm home with my kids, all I can think about is work.

Nick: You all right?

Henry: Truth is, it takes me three hours to get out of bed in the morning. And I think about killing myself everyday. You know about that, don't you?

Nick: Sure. Sort of. Yeah.

Henry: You got help?

Nick: I got arrested.

Henry: I should check in, for real, somewhere they can treat me.

Nick: I'll cancel this meeting. (Turns to leave as Mrs. Thomas enters)

Mrs. Thomas: Honey. It's time to get dressed.

Henry: Marilyn.

Henry: I brought you a second shirt in case you sweat and a bottle of water. And if your hands are cold, I've got some hand-warmers from our ski trip. If you crack them now, you can warm your hands in your pockets before you go into the room.


Scene: Fallin & Fallin—Conference room

Burton: I want to apologize again for the delay, here. I have taken the liberty of asking my assistant to arrange for later flights for all of you.

Henry: (Enters the room—confident and in charge) Gentlemen. Public trucking companies trade at thirteen times earnings, but we deserve a twenty percent premium to market because of our margins, our diversified client list, our consistent revenue history. Now, based on your own twenty times price to earnings ratio, this will add $7.50 to your stock price increasing your market cap, easily, by 700 million dollars. Your offer is too low. The price for Penex is forty-nine a share.


Scene: Fallin & Fallin—Burton's office

Henry: (Bursts through the door with Nick at his heels) Told you I could get forty-nine. They didn't see me coming. Penex-Velocity. (Jubilant) I nailed it. Nailed it!

Nick: Mr. Thomas, you were talking about suicide.

Henry: I said, I thought about it. Whatever I said to you before was just in a moment of weakness. Nothing more. A CEO is expected to be strong and stable. You get into my personal life, you may very well give my adversary something to use against me and if I can't work, you lose a pretty good client. (Exits the office with Nick following)

Lobby

Henry: I'll be calling you soon, Nicholas. Got a lot of work to do. A lot of fine points to iron out. You're a lot like your Dad. Anybody ever tell you that?

Nick: No.

Henry: Hell of a lawyer.

Nick: I didn't do anything.

Henry: That's what I said.


Scene: Fallin & Fallin—Conference room

Nick enters—Burton is alone.

Burton: Hey. Well, congratulations, son. You saved this one for us.

Nick: I didn't save anything.

Burton: (Chuckles) Are you kidding? Henry's a pain in the ass. You handled him, whatever you did for him.

Nick: Well, I certainly didn't help him.

Burton: You brought him back to the bargaining table.

Nick: (Upset) Oh, come on, Dad. You know what I mean. The guy's clearly falling apart. And you're happy to sit here and cash his checks.

Burton: Nicholas. You don't understand the man. He needs this. Making a deal like this is what keeps him alive.

Nick: (Emotionally) You know what just happened? Henry Thomas told me that I'm a lot like you.

Burton: Well, that bothers you?

Nick: Right now, yeah. Yeah, it does.

Burton: What, you don't approve of the way I do my job?

Nick: No. That's not my point.

Burton: Well, son. If you want to keep your hands clean and do the paperwork, maybe you should be an associate.

Nick: I just don't want to act like something I am not, for money!

Burton: You know what I suggest? I suggest that you walk in that room and count the lawyers that would take him on…

Nick: That is not my point, Dad.

Burton: No?

Nick: No.

Burton: Well, if you don't want to close the deal I've got to find somebody that will. (Nick exits the room--defiantly)

Hallway—outside conference room

Nick: (Stops—takes a deep breath--dials his cell phone) Laurie. I need you to do something for me.


Scene: Prison

Nick follows Mr. Fante into room where Mrs. Fante, Penny and Dale are already seated. Nick pulls out a chair for Mr. Fante to sit.

Mr. Fante: (To Penny) Heard you had a baby.

Dale: Dad.

Mr. Fante: Yeah?

Dale: Penny's not going to help me out.

Mr. Fante: What's that mean?

Dale: It means I'm not going to get better.

Mr. Fante: Okay. (Sighs)

Dale: That's what they say, at least.

Mrs. Fante: What the hell's the matter with you, girl?

Penny: I have a baby to worry about.

Mrs. Fante: And whose fault is that?

Mr. Fante: Penny. It's your brother.

Penny: Yeah. And everybody who's related to me, except my baby, has been nothing but trouble for me. I don't owe you guys nothing. Not you Daddy. 'Specially not Dale.

Dale: Say it, Penny.

Penny: No.

Dale: Say it.

Penny: Degenerate. Dale used to burn me with a lighter or a cigarette when I was sleeping. He would piss you off, blame me, and then watch you go off on me.

Dale: I did that.

Penny: Then laugh about it. (To Dale) You think now, 'cause you're sick, you got something over me? You don't.

Dale: I know I don't.

Mr. Fante: Doesn't matter what happens to any of us now, does it?

Nick: (To Mr. Fante) You got something to say?

Mr. Fante: When I was all cranked up I used to do things. Like… (To Dale) You got the scars.

Nick: Go on.

Mr. Fante: They don't want to listen to me.

Nick: I do.

Mr. Fante: What I did to my family, Mr… What'd you say your name was?

Nick: Fallin.

Mr. Fante: What I did, there's no excuse for. This may sound weak, but what I did was done to me. If I was in the same place you're in, I might pass on this thing, too. Choose not to save a life. But, Penny, it's me you want to see dead, not Dale. Me. (Long pause) You can call for the guard now, Mr. Fallin.

Mrs. Fante: Oh, wait, wait. I brought a camera. Will you take a picture, Mr. Fallin? Who knows when we'll be together again?


Scene: The Incline—after dark

Nick sits alone at the bar.

Lulu: Let me have that instead. (Picks up Nick's glass and drinks from it) Oh. I thought it was Vodka.

Nick: You want a real drink?

Lulu: Yeah.

Nick: Well, at least give me the pleasure of ordering one. (To the bartender) Can I get a Vodka and…

Lulu: Soda.

Nick: ...soda? Thanks.

Lulu: (Sits at the bar next to him) I just want you to know that I don't blame you for not telling me. I don't. I've just known for a few weeks now and I've been really, really angry.

Nick: (To bartender) Thanks. (Sets drink down in front of Lulu) What he did… doesn't reflect on you.

Lulu: Maybe not once but…

Nick: Why don't you leave him?

Lulu: I married a man that I don't love. (Chuckles) But, I didn't really know that I didn't love him until after I married him. You want to know how I know that? Because his cheating on me is just… it's more embarrassing to me than anything else. (Nick nods) You have food on your face. (Brushes his cheek)

Nick: Thank you. You know I represented Brian, I helped him because... because I really care about you. You know?

Lulu: Yeah. I know. Oh… I really don't want to go to my house tonight.

Nick: (Exhales—smiles—raises his eyebrows) Come back to my place.

Lulu: You like to get into trouble. And if I know one thing about you, I think it's that.

Nick: (Sighs) Really, though. What are you going to do?

Lulu: Just sit here and talk. Would you do that with me? Until I can't really think about anything… any more. Just sit here and talk.

Nick: (Reaches in his pocket for his money and lays a bill on the bar) I can't do that. Um… (Long look at Lulu, then walks away)


Scene: Pittsburgh County Hospital—Another day

Nick enters Penny & Dale's room.

Nick: Hi. So, how did it go?

Dale: Doctors say there's no guarantees but at least I got a chance now. You can tell those Grant A Wish people to let some other kid go elk hunting.

Nick: What are you going to do now, Penny?

Penny: I'm stuck in that stupid-ass shelter you put me in.

Nick: Well, thank you. And good luck.

Dale: I'm gonna be a roadie.

Nick: A roadie?

Dale: Yeah. You see, it's these guys that, that take apart, like, an entire show and then pack it into trucks and…

Nick: I know what a roadie does, Dale. (Grins and exits)

END OF EPISODE

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