Burlington County Bar Association

Transcription

VOL XXXXVIV NO. 4
MARK YOUR
DIARY
APRIL
11
NETWORKING RECEPTION – 5 P.M.
BRADDOCK’S TAVERN, MEDFORD
16 INTERNET LUNCHEON – NOON
BAR HEADQUARTERS, MT. HOLLY
BUSINESS LAW 101 – 4:30 P.M.
COUNTY OFFICE BUILDING, MT. HOLLY
17
BCBA BOARD OF TRUSTEES MEETING – 4:30 P.M.
BCBF BOARD OF TRUSTEES MEETING - 5:30 P.M.
23 CONSUMER FRAUD SEMINAR – 4:30 P.M.
24 ETHICS SEMINAR – 4:30 P.M.
25 CRIMINAL PRACTICE SEMINAR – 4:30 P.M.
25 MUNICIPAL COURT SYMPOSIUM – 4 P.M.
OLDE COURTHOUSE, MT. HOLLY
MUNICIPAL RECEPTION – 6:15 P.M.
MAY
1
LAW DAY PROCLAMATION & PROGRAM – 9 A.M
OLDE COURTHOUSE, MT. HOLLY
LAW DAY DINNER – 6 P.M.
INDIAN SPRING COUNTRY CLUB, MARLTON
APRIL 2013
RUN FOR THE BAR
Join the Burlington County Bar Foundation on Saturday, May 18, 2013 as we
“RUN FOR THE BAR”. This 5K Run/1 Mile Walk will take place in the Kings Grant
Community in Marlton, NJ. The race begins at 8:30 a.m. and will take runners on an
easy flat loop through Kings Grant, and walkers on a scenic 1 mile walk around the lake.
Parking is available at the Kings Grant Community Center, located at 50 Landings Drive
in Marlton. The race will begin and end just a few steps from the parking area.
Prizes will be awarded to the top male and female overall finishers; and medallions will be awarded to the top three male and female finishers in their age bracket.
Amenities include t-shirts, awards ceremony, and refreshments.
Registration information is included in this issue of The Straight Word or register
online
by
visiting
our
website
at
burlcobar.org
or
at
https://register.dqtridu.com/register/?event=18389. Sponsorship opportunities are also
available for law firms and local businesses. If you have a local business you frequent
(restaurant or store) consider asking them to sponsor the 5K for the Foundation.
All proceeds benefit the many community service projects of the Burlington County Bar
Foundation. Call (609) 261-4542 with questions. Hope to see you there!
A FOND FAREWELL
After 11 years as an executive assistant with the Burlington County Bar
Association, Judith Wisner has decided to retire. Judith initially began with the Bar
Association as a part-time employee in 2002, but went full-time in 2008 when the
Association took the Senior Citizens Lawyer Referral Program in-house. Many of you
know Judith as the friendly face that greats you at our many events and seminars. In
addition to her duties as executive assistant, Judith handled the coordination of the
Straight Word advertising, tax filings and the Lawyer Referral Service. Most notably,
however, Judith worked tirelessly for the Senior Citizens Lawyer Referral Program, handling intakes daily with the compassion and care our county’s seniors deserve.
Judith is excited about retirement and is looking forward to doing more of what
she loves most - traveling. Just last year she went on a cruise on the River Danube visiting five countries along the way, including Hungary, Germany, Austria and Slovakia.
Next she has her sights on New Zealand to see the aurora borealis. Judith’s last day was
March 29, 2013. We wish her well as she ventures into this new phase in her life and
will miss her dearly.
INSIDE THIS ISSUE
President’s Message ..................................................................................3
NJSBA Report ............................................................................................10
The Importance of Probate......................................................................13
Notice to the Bar ......................................................................................14
WELCO ME N EW M EMB ERS
ANDREW P. CHIGOUNIS, ESQ.
LaVan Law
11 E. Main Street, 2nd Floor
Moorestown, NJ 08057
(609) 870-7879 Fax (856) 235-4018
[email protected]
M EMB ERS O N T HE MO VE
RICHARD C. KLEIN, ESQ.
Cooper Levenson
1415 Route 70 East, Suite 600
Cherry Hill, NJ 08003
(856) 857-5526 Fax (856) 857-5527
[email protected]
CONDO LENCES
The Burlington County Bar Association
extends its sincere condolences to
Kenneth E. Smith on the loss of his sister, Claire M. Grimes on March 2, 3013
at the age of 81.
k
extends its sincere condolences to
Steven Neuner on the loss of his mother,
Norma Neuner, on February 26, 2013 at
the age of 90.
M EMB ERS IN TH E N EWS
M EMB ER S IN T HE N EWS
Estate planning attorney,
Thomas D. Begley, III, was
the keynote speaker at the 17th
Annual Elder Law Symposium
sponsored by the North Carolina
Bar Association at the Pine
Needles Conference Center in Southern Pines,
NC. Begley detailed the manner in which an
attorney represents individuals with disabilities
along with their families. Mr. Begley is the Chair
of the Trusts and Estates Group at Capehart
Scatchard. He is a Certified Elder Law Attorney
who received his law and undergraduate degrees
from Georgetown University.
2013 at the Loews Philadelphia Hotel. Mr.
Riccio concentrates his practice in representing
management in the public and private sectors in
various employment matters such as discrimination, harassment, retaliation, and wrongful termination claims. He represents management
before the EEOC, NLRB, Division on Civil
Rights, PERC, and federal and state courts.
Capehart Scatchard Shareholder, Armando V.
Riccio, was recently named Vice-Chair of the
Firm’s Labor and Employment Department and
he was nominated for the 2013 Delaware Valley
Human Resources Consultant of the Year Award.
The award celebrates the Human Resources (HR)
industry and recognizes those who exemplify
outstanding achievement within the local
Philadelphia community of approximately 5000
HR professionals. The award is a joint effort
between the HR Association of Southern New
Jersey, Chester County Human Resource
Association, Delaware SHRM, Greater Valley
Forge HR Association, Philadelphia Regional
SHRM, and Tri-State HR Management
Association chapters of the Society for Human
Resource Management (SHRM). Winners will
be announced at an awards ceremony on May 13,
Capehart Scatchard Executive Committee
Member, Betsy G. Ramos, and associate,
Charles F. Holmgren, spoke on the “Law of
Torts” at a recent CLE seminar sponsored by the
South Jersey Claims Association. Their presentation focused on the law of negligence and
intentional torts in New Jersey. Certified by the
Supreme Court of New Jersey as a Civil Trial
Attorney, Ms. Ramos, is a Shareholder of
Capehart Scatchard’s Litigation Department in
its Mt. Laurel office. She has over 25 years
experience handling diverse matters and concentrates her practice in business litigation,
estate litigation, tort defense, employment litigation, insurance coverage, and general litigation. Mr. Holmgren, handles defense litigation
in the federal and state courts of New Jersey and
Pennsylvania, with a concentration on premises
liability, products liability, construction, estates,
employment and professional malpractice. His
clients include insurance companies, large and
small business owners, municipalities, governmental entities, and manufacturers.
INSTALLATION DINNER DANCE
IN M EMO RIAM
The Burlington County Bar
Association was saddened to learn
of the passing of William F. Hyland,
Esq. on March 2, 2013 at the age of
89. Our condolences go out to his
many family and friends. He will be
missed.
T HE S TRAIGHT WORD M ARCH 2013 - PAGE 2
Bar Briefs
It’s A Family Affair!
The annual Installation of Officers dinner will take place on Friday, June 7, 2013 at Laurel
Creek Country Club, 701 Centerton Road, in Mount Laurel. Guests will nibble passed hot
and cold hors d’oeuvres while enjoying cocktails on the beautiful covered deck overlooking the golf course, followed by dinner and dancing to the sounds of The Way Downstairs.
Katherine D. Hartman will be installed as the 82nd president of the Burlington County Bar
Association and Deirdre K. Hartman will be installed as president of the Burlington County
Bar Foundation. A registration form has been included in this issue of The Straight Word.
This event is not to be missed! Sign up today!
T HE S TRAIGHT WORD M ARCH 2013 - PAGE 3
The Straight Word
P RESI DENT’S MESSAGE
BY : JA N IC E H EI N O LD
I'm finding this column difficult to write.
March was not a good month for me. My cat Izzy died
suddenly, one month shy of her 13th birthday, from an
enlarged heart and chronic renal failure. About 5 days
after that, a close friend's father passed away from
Alzheimer's. A day after that, another good friend was in
a car accident, and died of his injuries six days later. That
is enough for now, Lord. This thing called life is a delicate balancing act. Remember to tell the people you love
that you love them, because it may be the last time you see them; but don't live in
fear, either. Every day is a blessing. If you are grieving, I highly recommend the
book “On Grief and Grieving” by Elizabeth Kubler-Ross to help you find some
peace.
We also said good bye to long-time staff member, Judith Wisner. Judith
retired on March 31, and will always be remembered fondly for her gentle ways and
tireless service to the Bar Association, Bar Foundation, and Senior Citizens Law
Referral Service. We wish her good health and safe travels in her retirement.
I ran for the first time today since I broke a toe in the Camp Ockanickon
ABF Mud Run last October, because it's time to start training for the Run for the Bar
5k on May 18th.. Running is not my favorite form of exercise, but I do enjoy the
feeling of accomplishment when I cross the finish line. Many of you have told me
that you were not aware of the 5k we had last year, so I hope those of you who are
aware of it this year intend to run the 5k or walk the 1 mile scenic walk around Lake
James at Kings Grant (leashed dogs permitted). This is one of the main fundraisers
for the Bar Foundation. Sign up online through our website, or via the flyer in this
newsletter. If you cannot make it, please consider supporting the event by being a
sponsor (information available on our website).
On April 11th, the Bar Association is teaming up with the South Jersey
chapter of the National Association of Business Owners (NAWBO-SJ) for a networking event at Braddock's Tavern in Medford. My sister-in-law to be, Tracy
Shields, is the current President of the Chapter and I am glad that we are able to have
a joint event during our respective presidencies. There will be cash bar (first glass
of wine free) and hors d'oeuvres for you to enjoy while you mingle.
We have plenty of seminars for CLE credits this month. On April 16th, the
Business/Corporate Law Subcommittee will have a Business Law 101 seminar. On
April 23rd, the Debtor/Creditor/Bankruptcy Committee will have a seminar on
Federal Consumer Law Updates. On April 24th, the Young Lawyers Committee is
holding an Ethics Seminar (2.4 ethics credits available). On April 25th, the Criminal
Section is having a seminar on Navigating the Mental Health System. On April 26th,
the Municipal Court Committee is having its annual symposium, with a “Tips from
the Trenches” seminar, followed by a reception at Bar Headquarters.
We also welcome The Honorable Marlene Lynch Ford to the Family
Division. Judge Ford is a former Ocean County Prosecutor, and also served as an
Published Monthly by
137 High Street, 3rd Floor, Mt. Holly, NJ 08060
Email: [email protected]
Website: www.burlcobar.org
(609) 261-4542
Fax: (609) 261-5423
Lawyer Referral Services:
(609) 261-4862
OFFICERS
Janice L. Heinold ..................................................................................President
Katherine D. Hartman ..............................................................President-Elect
Roger Lai ......................................................................................Vice President
Kevin Walker ........................................................................................Treasurer
Elizabeth M. Garcia ..............................................................................Secretary
TRUSTEES
2010-2013:
2011-2014
2012-2015
Cedric Edwards
Richard J. Nocella, Jennifer Stonerod
Kim C. Belin, Douglas L. Heinold
Pamela A. Mulligan, Reema Y. Scaramella
Joan M. Burke, Richard C. Klein
Steven A. Traub, John A. Zohlman, III
Young Lawyer Trustees
2011-2013:
2012-2014:
Grant G. Berger
Noah A. Schwartz
Immediate Past President: Timothy S. Farrow
New Jersey State Bar Trustee: Edward W. Hoffman
Executive Director: Kara E. Edens
EDITORIAL BOARD
John F. Kearney, III ..........................................................................Editor
Kara E. Edens ..................................................Print & Circulation Mgr.
All Officers and Trustees of the BCBA
STATEMENT OF POLICY
The existence of your Burlington County Bar Association is made possible
by your financial support. However, our success in fostering professional
growth and improving the practice depends on your participation in meetings, programs, seminars and the work of committees, as well as your support of our monthly publication, THE STRAIGHT WORD, by way of suggestions and contributions.
Contributions are welcome, subject to the deadline of the 10th day of each
month. There is only one publication during July and August. The right to
edit and publish is reserved.
Assemblywoman in the New Jersey Legislature.
We look forward to working with her.
Last but not least, my wine picks for the
month. Some of you may have seen the recent
New York Times Magazine article regarding wineries in New Jersey. Although well known for sweet
fruit wines, New Jersey wineries of the Outer
Coastal Plain are finally getting some recognition
for dry wines. The Legends series from Amalthea
Winery are blends based on famous Bordeaux
chateaus. I'm a fan of Europa II, based on the blend
of percentages of cab sauv/cab franc/merlot used
by Chateau LaTour. I also enjoy the Unoaked
Chardonnay from Sharott Winery. Sean Comninos,
the winemaker at Heritage Vineyards and a friend,
has done a great job with their 2010 BDX
(Bordeaux Blend). I encourage you to give them a
try with an open mind sometime soon.
Popular event gets makeover and returns May 9
Don’t miss the redesigned Diversity Reception on Thursday, May
9, at The Madison in Riverside. The Bar Association’s Diversity
and Leadership Committee has paired with the Hispanic Bar
Association for a very special networking and cocktail reception.
Attendees will have the opportunity to meet and socialize with
leaders of specialty and minority bar associations throughout the
State of New Jersey while enjoying music and delicious hot and
cold hors d’oeuvres under the stars in The Madison’s lovely
courtyard*.
The festivities get underway at 6 p.m. with cash bar cocktails.
Information to register for this very special event is included in
this issue of The Straight Word. Sign up today!
*weather permitting – in the event of rain, the event will be
moved indoors
THE LAW OFFICES OF
Russell & Laughlin
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
AND
T HE S TRAIGHT WORD AP RIL 2013 - PAGE 4
6TH ANNUAL DIVERSITY RECEPTION
SUMMARY OF THE MARCH
BOARD MEETING
At the March meeting of the Board of Trustees, the Board
approved the minutes of the February meeting, approved the
financial statement for February, and accepted the applications of
1 new member. In addition, they accepted the Executive
Director’s Report and Committee reports including the Civil
Practice Section, Criminal Practice Section, Young Lawyers
Committee and Municipal Court Section. The Board of Trustees
also voted to accept the proposed slate of officers and trustees for
the 2013-14 Bar year, which is included in this issue of The
Straight Word, and will be voted upon by the general membership
at the upcoming Law Day Dinner on May 1.
SUMMARY OF THE FOUNDATION
BOARD MEETING
At the March meeting of the Burlington County Bar Foundation
Board of Trustees, the Board approved the minutes from the
January meeting, as well as the January and February financial
statements. The Board discussed the upcoming Run for the Bar
5k on May 18, as well as some new events on the horizon, including a walking tour in Philadelphia, a Monte Carlo night and a
mini golf tournament. The Foundation also approved donations
to the Burlington County Drug Court Program and Catholic
Charities March Against Hunger food drive.
The Law Offices of Christopher Chiacchio, LLC
Take Pleasure in Announcing a New Association
Bee Line Couriers
LLC
To Be Known As
Russell, Laughlin & Chiacchio
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
ACCEPTING FAMILY, REAL ESTATE AND
Specializing in Legal Documents
Same Day Delivery
Tri-State Area
856-983-9574
LANDLORD TENANT MATTERS
Richard A. Russell, Esq., P.C.
Kathryn M. Laughlin, Esq, LLC
Law Offices of Christopher Chiacchio, LLC
117 Atlantic Avenue
Ocean City, NJ 08226
(609) 398-1900
Fax: (609) 398-7292
[email protected]
[email protected]
1040 N. Kings Highway
Suite 306
Cherry Hill, NJ 08034
(856) 482-1081
Fax: (856) 482-1875
[email protected]
March 1, 2013
We are disposing of sets of useful,
but not currently update, law
books including
LAW REPORTS
STATUTES
ENCYCLOPEDIAS
LEGAL REFERENCE WORKS
Free to a good home! AS-IS for pickup in Bordentown.
Call Henry Tutek (609) 298-6097
or David Gladfelter (609) 261-1088, ext. 6728
OFFICE SPACE
45 GRANT STREET, MOUNT HOLLY, NJ
Former Burlington County Bar Association Building
Adjacent to County Complex
1-6 Office Spaces Available
1,350 S.F. Total
Off Street Parking
Contact Terry Mulligan
609-267-4462
DIVORCE CONCIERGE/CAREER COACH
I provide personal support and resource management for individuals who are in the process of divorce. At no cost to you.
Contact Kay Larrabee at
[email protected] or 856-628-5272.
www.TheDivorceConciergeOfSouthJersey.com
COMMERCIAL
REAL ESTATE & APPRAISING
OFFICE SPACE AVAILABLE
BURRS ROAD OFFICE CENTER
101 Burrs Road, Westampton, NJ
FOR LEASE:
1875 sq. ft. finished law office, w/parking
Near Exit 5 of NJ Turnpike and Route 295.
FOR LEASE: Up to 4,500 Sq. Ft. Route 38 Hainesport, NJ
FOR SALE: Mount Laurel, NJ Texas Ave & Elbo Lane; 2.1 acres
commercial w/house
Up to 5000 sq. ft. professional offices; will divide on Woodlane Road,
Westampton Twp.
FOR LEASE: Single or multiple professional offices; beautiful historic
office building in Mount Holly.
BUILT TO SUIT: 13,000 Sq. ft. office Route 38, Lumberton, NJ
FOR LEASE: Up to 30,000 sq.ft. industrial
Space, WILL DIVIDE Eastampton , NJ
FOR LEASE OR SALE: 895 Rancocas Road, Westampton, NJ
21,375 sq. ft. building - WILL DIVIDE
FOR SALE: 1163 Route 120, Burlington, NJ - Commercial
House + Garage. IDEAL FOR OFFICE.
CALL TERRA ASSOCIATES
1203 R
Route
oute 73 North
North | Mount
Mount Laur
Laurel,
el, NJ 08054
[email protected]
inf
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WANTED LANDLORD/TENANT
PRACTICE
Cherry Hill based law firm that represents landlords in
landlord/tenant matters seeks Landlord/Tenant practices
(landlord side only) to purchase. If you have a landlord/tenant case load and are looking to scale back or
retire (good for you) please contact us.
All inquiries will be kept strictly confidential. Respond to
[email protected]
PARTNERSHIP OPPORTUNITY
Versatile seven lawyer BC firm in search of its next partner. Are you ready to make the leap? Do you have a
portable book of business that’s looking for the comfort
of a new home? If the answers are “Yes!” send us a letter extolling your vitues and we’ll promptly schedule an
interview. All submissions should be sent to:
P.O. Box 171, Moorestown, NJ 08057
(609) 261-2666
When it comes to Alternative Dispute Resolution,
there is no substitute for experience…
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Presiding Judge, Chancery Division and Probate
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W W W . P A R K E R M c C A Y . C O M
T HE S TRAIGHT WORD AP RIL 2013- PAGE 7
N O MIN A TIN G COM MI TT EE R EPO R T
Report of the Committee to Nominate Officers and Trustees
of the Burlington County Bar Association
The Nominating Committee, pursuant to Article IV, Section 2 of the Association ByLaws, submits the following list of candidates for Officers and Trustees
for the year 2013-2014:
President-Elect ..................................................................................................................................................Roger Lai
Vice President ..............................................................................................................................................Kevin Walker
Treasurer ..........................................................................................................................................Elizabeth M. Garcia
Secretary
..........................................................................................................................................Douglas L. Heinold
One Year Trustee ..................................................................................................................................Nikitas Moustakas
Three Year Trustees ..................................................................................................................................Cedric Edwards
Richard J. Nocella
Daniel Posternock
Jennifer Stonerod
Young Lawyer Trustee ............................................................................................................................Breanne DeRaps
This proposed slate will be presented to the general membership for vote at the Law Day Dinner on
May 1 at Indian Spring Country Club in Marlton.
GU ES S WH O - T H E AN S WER !
Last month’s equestrian jumping “Texas” in the summer
horse show of the 287th MP Horse Platoon, in occupied and
divided Berlin, Germany, was 1st Lt. Henry G. Tutek, the
Commander of the U.S. Army’s last horse-mounted platoon,
charged with patrolling the American Sector border of a
divided Berlin where it adjoined the Russian Sector during
the Cold War.
This month’s photo (RIGHT) shows Henry and platoon transports and troopers preparing to parade for a visiting ambassador to Berlin Command Headquarters housed in Air Marshall
Herman Goerhring’s command.
In honor of Joseph M. Pinto “for his insightful Straight Word
articles while president from 2007-2008”, as well as having
been the first to correctly identify Mr. Tutek as the military
jumper in last month’s photo, a donation of $5,000 is being
arranged by Henry G. Tutek, who is the donor advisor of a
charitable trust. Other correct answers were received from
runners-up Hon. Marvin Schlosser, Cristian Towers, John
Madden and David Gladfelter.
We offer our sincere thanks to Mr. Tutek for his generous
donation to the Raising the Bar Campaign. If you would like
to contribute to the Raising the Bar Campaign, please contact
Bar Headquarters at 609.261.4542 to arrange for your tax
deductible donation.
BENCH/BAR LUNCHEON
Members of the Bench and Bar convened at Deerwood
Country Club on Wednesday, February 27 for the sixth annual
Bench/Bar Luncheon. This year’s luncheon featured presentations by the Bar Association’s committee chairs, along with
the presiding judges and managers of the various divisions,
and provided valuable insight into what’s going on in
Burlington County Superior Court. It was a great luncheon of
networking and camaraderie. Below are some pictures of the
guests enjoying themselves.
(l to r) Douglas H
einold, Judge John
Harrington
and Emmett Colla
zo
Judge Bonnie Goldman
and David Young
(l to r) Judge Marie Lihotz
, Maryann O'Brien
and Richard Strobel
Joseph Pinto
Judge Susan Claypoole and
Baldwin and
(l to r) Elizabeth Garcia, Judge Marc
George Morris
YOUNG LAWYERS CORNER
Committee Holds St. Patrick’s Day Happy Hour and
Hosts Easter Party for Abused Children
T HE S TRAIGHT WORD - AP RIL 2013 PAGE 9
The Young Lawyers Committee of the Burlington County Bar
Association, lead by Grant G. Berger and Noah A. Schwartz, held
a joint happy hour with the Mercer County Bar Association’s
Young Lawyers Committee in celebration of St. Patrick’s Day on
Thursday, March 14. Held at Dubh Linn Square in Bordentown,
over 25 members of the Burlington and Mercer County Bar
Associations enjoyed drink and appetizer specials. In addition,
the first 20 guests to arrive received a $5 gift card to use towards
their first drink that evening. Below are a couple of photos from
the happy hour.
The Young Lawyers Committee also hosted a party at Providence
House for abused children on Monday, March 18. Eleven children and their parents attended and enjoyed a pizza party, egg
hunt, candy and crafts. “Thank you for bringing all the goodies
for the kids. The families had a great time!” said PALS
Coordinator, Michele Felser. Below are a few photos of the committee members dyeing eggs, and the final craft project. In order
to protect their identities, no pictures of the children were taken.
NJSBA REPORT
BY: ELIZABETH M. GARCIA
BY: EDWARD W. HOFFMAN
Spring! It’s almost here! It’s time to
spring into action and to the outdoors with
the Bar Foundation! Why? That’s easy.
The Bar Foundation fosters the honor and
integrity of the legal profession, and it sponsors programs for those less fortunate
throughout the County. How do you get
involved? That’s easy too! Come join and
support our spring and summer events!
The Foundation’s Second Annual RUN FOR THE BAR
5K Run and 1 Mile Fun Walk is scheduled for Saturday, May 18,
2013 in Kings Grant, Marlton, NJ. The 5K course is an easy, flat
course perfect for both veteran and beginning runners. The walk
is a great way to get out of the house with the kids and/or pets
(leashed only) and enjoy the scenic lake. While we’d love to
have you at the event, a sponsorship or donation is appreciated
if you can’t make it. Honestly, a sponsorship or donation is also
welcome if you can make it! You can sign up on-line at the
Bar’s website. Remember the money we raise goes to many
good causes.
What else are we planning to get you and your families
out and about? How about a historic walking tour of
Philadelphia? Or a mini-golf tournament for the entire family?
More details for these events are coming soon, so check future
Straight Words for more information.
Golf is also on the agenda. This year the Foundation
Golf event is scheduled for Monday, September 9 at the gorgeous and exclusive Tavistock Country Club. We encourage
golfers and non-golfers to attend. Every year we have great
prizes and since attendance has been on the lower side, many
folks go home with these prizes. Hopefully, the weather cooperates and we will have a large Burlington County presence!
Another new event is also in the works! Monte Carlo
night? Who’s in? Place your bets. This event will likely take
place at the end of the summer or early fall. If anyone has any
ideas for the event, they are welcome!
The Beer and Wine Tasting is a fantastic event every
year. The location, however, will be changing to accommodate
the increasing number of participants. Keep an eye out for more
details. For those of you that have attended the Beer and Wine
Event for the past 8 years, don’t automatically drive to the
Moorestown Field Club. The Foundation Board is excited about
the new location and it will be unveiled in the near future.
Janice has a monthly wine pick. So I’m going to start
a monthly museum pick, with my husband’s help, of course. I
venture to guess that while you go to Mount Holly for court, you
haven’t taken the time to visit the Burlington County Prison
Museum. The Prison is a National Historic Landmark built in
1811 and remained in constant use until 1965. The museum
houses a permanent and changing exhibit, and provides visitors
with a view into prison life over 150 years ago. The best part is
that you can go for a visit after arguing your motions on a
motion Friday since the museum is open from Thursday to
Saturday, 10 a.m. to 4 p.m. and Sunday from noon to 4 p.m.
As the American Poet, Jerry Garcia
noted, “what a long, strange trip it’s been.”
After hours of meetings, countless emails,
letters and site visits, the NJSBA Board of
Trustees made the difficult, but necessary,
decision to relocate this year’s annual convention from the Revel back to the Borgota.
I am not at liberty to discuss the details. Part of the official
statement from President Kevin P. McCann reads as follows:
“After thoughtful consideration and review, the New
Jersey State Bar Association announces that the May 15-17
Annual Meeting and Convention will be relocated to the
Borgota Hotel, Casino and Spa. Although we planned to hold
the gathering at Revel, recent decisions made by Revel have
led us to conclude that Revel, in significant respects, will not
be ready to host our event. The Board of Trustees made this
decision after serious consideration and review of many factors.”
I am personally disappointed as I am a big fan of the
Revel and I was looking forward to the trip in May. I wish
they could have gotten their act together for us. But, I must
say, we have a wonderful “consolation” prize as we are returning to the Borgota and we already know from experience that
we are in excellent hands. I encourage everyone to seriously
consider attending this year’s convention. This year’s theme is
a spotlight on judicial independence. Last year attendance
records were broken with nearly 2000 attorneys, judges, law
clerks, legal administrators and paralegals. We are looking to
build upon this momentum!
I attended the full convention last year for the first
time. I was impressed at what I saw and immediately began
kicking myself for not attending in the past. For those of you
out there who have always thought about attending but did not
do so, now is the time to reconsider your position. You can
earn up to 12 CLE credits under one roof. There are countless
vendors exhibiting the latest and greatest in our profession.
The facilities are top notch. They feed you breakfast, lunch
and snacks. And you get the opportunity to mingle and share
ideas with your peers while you reconnect with old friends and
meet new friends. It is really a no brainer. Please visit
www.njsba.com for additional information and registration.
Feel free to contact me with your questions, comments and even complaints. I can be reached at (856) 5962888 or [email protected]. Until we meet
again.....
FOUNDATION UPDATE
T HE S TRAIGHT WORD ARP IL 2013 - PAGE 11
PER DIEM & DIVORCE MEDIATION
JENNIFER C. APELL, ESQ., LL.M
Divorce Mediation - private and court appointed Per Diem includes: Motions, briefs,
research, appearances, Family law, estates, wills, civil litigation, real estate, probate
Former law clerk to Superior Court Judge
Please call (856) 906-0172 & leave message
AFFORDABLE APPEALS
DAVID C. EPLER, ESQUIRE
HIGH RIDGE MEDIATION CENTER
856-627-3200
Law Offices of Vincent J. Gaughan
Welcomes Referrals of Appeals
Family/Criminal/Civil
Domestic Violence FRO Appeals from $1,500+
Municipal Court Appeals from $750
(609) 702-0140 Fax: (609) 702-5860
[email protected]
PROVIDING FAMILY
MEDIATION SERVICES
John A
A.. Sweeney,
Sweeney, A
A.J.S.C.
.J.S.C. (ret.)
(ret.)
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Government & Corporate Monitorships
200 E. Eighth Street
Florence, NJ 08518
Mediation &
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Cell: 609.864.1437 | Fax: 609.499.2894
email: [email protected]
Alternative Dispute
Resolution
Approved mediators by the Superior Court of the
State of New Jersey for the statewide Mediation Program
for Civil, General Equity, Matrimonial and Probate matters.
•
•
•
•
Custody/Parenting Time Agreements
Memoranda of Understanding
Property Settlement Agreements
Pre-Nuptial & Cohabitation Agreements
ALSO AVAILABLE TO ACT
AS REVIEW ATTORNEY
PROFESSIONAL OFFICE SPACE AVAILABLE
BLASON PLAZA
505 S. LENOLA ROAD • MOORESTOWN, NJ
CONTACT - JOHN RAVIKIO
856-235-2290
PATENT & TRADEMARK SEARCHES
With free legal opinion from in-house counsel
Legal & Patent Search®
1-800-INVENTOR®/Fax: 609-883-3322
or visit our web site
www.1800inventor.com
Law Office of
Vincent J. Gaughan, Esquire
Robert L. Newman, Esq.*
Jeffrey A. Weiner, Esq.
Accepting DYFS Title 9 and 30 Cases
24 Washington St., Suite 201
Mt. Holly, NJ 08060
(609) 702-0140 / Fax (856) 702-5860
*Named Top Commercial Attorney by SJ Magazine (2010-2012)
856.874.4443
www.Stark-Stark.com
Princeton Philadelphia Marlton New York Yardley
401 Route 73 North, Suite 130, Marlton, NJ 08053
MOORESTOWN
OFFICE SPACE
One room to 2000
square feet.
Call Jim Wilson:
856-235-1278
BY: THOMAS D. BEGLEY, JR.
In a Wrongful Death case, a personal representative must be appointed to administer
the estate, which includes the filing of the
complaint for the personal injury on behalf
of the decedent’s estate. While this process
seems simple, it can be more complicated
than what first meets the eye. A number of
issues must be considered:
• Who is Personal Representative? If the decedent left a Will
appointing an executor, the executor is the individual who
administers the estate and files the complaint in the Wrongful
Death action. If the decedent died without a Will, the question
of who has a right to be appointed as administrator when the
individual dies without a Will is determined by statute. In New
Jersey, the surviving spouse or domestic partner has the first
right. Children of the decedent are next. However, any heir may
be appointed assuming they obtain the appropriate renunciations
from any other heir who has an equal or prior right to be appointed. Similarly, in Pennsylvania the spouse has the first right to act
as administrator. If the decedent’s spouse refused to act, then his
or her children would have the right.
• Who Shares in the Survival Claim? If the decedent leaves a
Will, the Survival Claim becomes a part of the estate and is distributed in accordance with the terms of the Will. If the decedent
does not leave a Will, then the estate is distributed in accordance
with the intestacy statute for the state in which decedent was
domiciled at the time of death. Intestacy statutes vary considerably from state to state. For example, in New Jersey if the decedent leaves a spouse and parents but not children, the spouse gets
the first 25% (but not less than $50,000 or more than $200,000)
plus three-fourths of the balance. The parents receive the
remaining balance. In Pennsylvania, if the decedent leaves a
surviving spouse and parents but no children, the spouse
receives $30,000 plus one-half of the remaining estate, and the
parents receive the balance. The amount each intestate share
depends on the surviving family members. Generally, the categories are: spouse and parent but not children; spouse and children (all of whom are also children of the surviving spouse);
spouse and children (some of whom are not children of the surviving spouse); spouse and stepchildren (children of spouse who
are not the decedent’s children); children of spouse (stepchildren) but no descendants, parents, descendants of parents, or
descendants of grandparents. The amount to which each category is entitled varies from state to state.
• Tax. Death taxes are also a consideration in a Wrongful Death
case. Funds allocated to the Wrongful Death claim are not subject to death taxes. Funds allocated to the Survival Claim are
subject to estate taxes.
• Federal Estate Tax. There is a federal estate tax exemption in
2013 of $5,250,000. The tax rate on the excess is 40%.
• State Estate Tax. Pennsylvania does not have an estate tax.
New Jersey does have an estate tax on all amounts over
$675,000. The tax rate is graduated beginning at 4.8% and
increasing to 16% on amounts in excess of $10,040,000.
• Inheritance Tax. Both New Jersey and Pennsylvania have
inheritance taxes. In New Jersey there is no inheritance tax for
amounts left to spouses or lineal ascendants or descendants. The
tax on other beneficiaries depends on the relationship between
the decedent and the beneficiary. Rates fluctuate between 11%
and 16%. In Pennsylvania, there is no inheritance tax for
amounts inherited by surviving spouses, but there is a 4.5%
inheritance tax on direct descendants and lineal heirs. Tax on
siblings and other heirs ranges from 12% to 15%.
• The Process. While the administration of an estate can be
complex, the steps are relatively simple. In New Jersey the
process is as follows:
•
•
•
•
•
•
Probate Will or apply for Letters of Adminstration
Inventory estate assets
Obtain Date of Death valuations
File state inheritance tax return, as required
File final income tax return
Distribute assets/retitle as necessary and fund
applicable trusts
In Pennsylvania the process is as follows:
•
•
•
•
•
•
•
•
•
Probate Will or petition for appointment
of Adminstration
Publication of appointment/publication of death
Inventory estate assets (including litigation proceeds)
Notice to Interested Parties
Obtain Date of Death values
File PA inheritance tax return and inventory
with Register of Wills
NOTE: Return must be filed for every estate.
File final income tax return
Distribute assets/retitle as necessary/fund
applicable trusts
File status reports as required by Register of Wills
While the process seems simple, it is complicated by the fact
that financial institutions are slow to give date of death values,
taxing authorities are very slow to audit tax returns, creditors of
the estate have time to file claims, and state attorney generals
have time to review estates involving charitable bequests.
Personal injury attorneys often ask this firm to step in and take
over the administration of an estate that has already been started
and has gone awry. It is much better for the personal injury firm
to suggest that the appropriate family members retain the services of an experienced trust and estate law firm that has a subpractice in personal injury consulting to assist in the probate from the
outset. Considerable time and money can be saved by doing
things right from the beginning.
T HE S TRAIGHT WORD ARP IL 2013 - PAGE 12
IMPORTANCE OF PROBATE IN WRONGFUL DEATH CASES
Classified
HELPING ATTORNEYS –
professionally & personally
PAULA SUSAN, MSW, LCSW
Relationship & Trauma Specialist
Masters in Social Work & Psychology
See www.paulasusan.com
856-638-1868
James F. Hansen
American Investigative Services
Private Investigator
Process Server
110 Threadleaf Terrace
Burlington, New Jersey 08016
609-747-8234 Fax 609-747-8235
E-Mail: [email protected]
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CLUTTER CLEANERS, LLC
Property Clean Out Services
Estate Foreclosures
Office & Storage Units
609-864-6838
P.O. Box 1515 • Medford, NJ
[email protected]
RICHWALL APPRAISALS
Jeffrey D. Richwall, SRA Member of the Appraisal Institute
Tax Appeals - Matrimonial - Estates
28 Years of accurate, defendable residential appraisals
(856) 396-0000 / [email protected]
www.richwallappraisals.com
NOTICE TO THE BAR
Effective immediately, the New Jersey Child Support Program
has made changes to improve its customer service to the families
of New Jersey. Child Support representatives are available from
the expanded hours of 8 a.m. to 7 p.m. Monday through Friday.
All inquiries regarding child support matters should be directed to
the interactive voice response system at 1-877-NJKIDS1
(1-877-655-4371) or the website www.njchildsupport.org.
Clients should have their pin and member number available.
Both services now offer greater access to case information and
additional child support related services.
DENNIS P. McINERNEY NAMED PRESIDING JUDGE
OF THE MUNICIPAL COURTS FOR
BURLINGTON VICINAGE
Please note that lawyers calling on behalf of their clients or for
any child support matters must also follow the procedure listed
above. Identifying information such as the CS number, docket
number, or client information will be required when using the
service.
Ronald E. Bookbinder
Assignment Judge
Dated: March 5, 2013
SECOND ANNUAL DOMESTIC
VIOLENCE PRO-BONO
REPRESENTATION TRAINING
By Reema Hindawi Scaramella
The Burlington County Bar Association, in cooperation with
South Jersey Legal Services and Providence House, is pleased to
announce the second annual domestic violence pro-bono representation training program. Participating attorneys receive six
and one-half hours of training and are awarded 7.2 free CLE credits and bridge-the-gap credits. In return, each attorney must volunteer twenty-five hours of domestic violence representation,
which satisfies their Madden requirement for the year.
The second annual training will take place on May 21st and May
22nd.
For newly admitted attorneys, the program provides an opportunity to get courtroom experience, meet judges and lawyers and
add experience to your resume. However, we need seasoned
attorneys, as well! If you have experience representing domestic
violence clients and would like to participate in this program,
simply submit your name to Kara Edens at
[email protected] and you will be placed on the list.
Although times are tough and we seem to be doing more with
less, please consider volunteering for this worthwhile program.
We were fortunate that we were able to have representation for
seventeen victims of domestic violence since the program’s
inception last year and we hope to increase that number this year.
In this issue of The Straight Word is a flier with the information
regarding this year’s training in May. We look forward to seeing
you there.
/s/ Ronald E. Bookbinder
NOTICE TO THE BAR
Assignment Judge Ronald Bookbinder and Trial Court
Administrator Jude Del Preore are pleased to announce that Chief
Justice Stuart Rabner has appointed Dennis P. McInerney as the
presiding judge of the Municipal Courts in the Burlington
Vicinage effective April 1, 2013.
As Presiding Judge-Municipal Courts, under the direction of the
Assignment Judge, Judge McInerney will supervise the
Burlington Vicinage Municipal Division and oversee all municipal courts within the Vicinage. Judge McInerney comes to this
position with more than thirty years' experience as a Municipal
Court Judge in several Burlington County municipalities.
Judge McInerney succeeds Bonnie L. Goldman, who served in
this capacity for more than seventeen years. Judge Goldman is
retiring from her position as Presiding Judge-Municipal Courts
effective April 1, a position that she has held since its inception in
Burlington. Judge Bookbinder states, "We thank Judge Goldman
for establishing an outstanding record as the first occupant of this
position."
Please join with us in welcoming Judge McInerney to his new
position. We are certain that he will be a major asset to the
Vicinage.
/s/ Ronald E. Bookbinder
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Mount Holly, New Jersey 08060
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