2011 December MCBA Newsletter - final

Transcription

2011 December MCBA Newsletter - final
M e r c e r
December 2011
C o u n t y
A Publication of the Mercer County Bar Association
Volume 30, Issue 6
Inside This Issue From the President’s
MCBA President-Elect Profile ……..3
Desk…
Family Bench Bar Update …………..4
It’s hard to believe that I’m writing my last
President’s Column! It has been an honor
and a privilege to have served as president
of the Mercer County Bar Association in
2011. The fact that it is Thanksgiving week
is appropriate as I reflect on what this past
year has given me. Probably most significantly, it has renewed my respect and appreciation for my colleagues and for the
importance of the roles we play as officers
of the Court. I have had the privilege of
participating in a number of ceremonies
that gave me the opportunity to interact
with non-lawyers and to observe the impression we make as human beings, as
lawyers, and as representatives of the judicial branch of our government. I’ve seen
the thrills and laughter of young kids enjoying the picnic the bar association hosted for
them in July. I’ve listened to teenagers tell
me their impressions of the law in our society and share their hopes and dreams for
the future as part of our Law Day presentations. I’ve attended swearing-in ceremonies for new judges where I’ve seen people
of all ages express their appreciation for
our Courts. I’ve accepted the thanks of pro
bono clients who have benefitted from our
volunteer lawyer services and from the
friends and family of deceased members of
our bar association who we honor and remember at our opening ceremonies.
Lawyers Basketball League ………..5
November General Membership
Meeting & Beefsteak Dinner ………..6
The Legal Implications of Social
Media ……………………………………8
Condominium Crisis ………………..11
MCBA Xtreme CLE ………………….12
Tidbits …………………………………14
NJSBA President Statement ……...16
Love in a Virtual World …………….17
Calendar ……………………………...21
New Members ………………………..22
HELP US keep our mailing list upto-date. Call the Mercer County Bar
Association at 609-585-6200 or
send a message via e-mail to
[email protected] with
any change in name or address.
My experiences of this past year have
strengthened my belief in the importance of
giving back. Stephanie Jonaitis received
our Young Lawyer of the Year award at our
November general membership meeting
held at the Firkin Tavern. Her acceptance
speech centered on what giving back has
meant to her. She expressed that her be-
A Publication of the Mercer County Bar Association
Christine M. Gravelle
lief in the importance of community service and generosity of time began as it
probably did with Stephanie: as a child
following the example set by her parents.
Stephanie was raised with the notion that
we all have something to give and that
community involvement and giving back
should be a natural part of a wellrounded person. Stephanie and her husband Dan are expecting their first child in
February and hope to convey to him or
her the rewards of integrating service to
others in their lives. As lawyers, we are
in unique positions to give back. We can
encourage and support young attorneys
to do the same.
In 2011, the bar association, with Pat
Budd, Angelo Stio, and Bob Lytle, as cochairs of our Volunteer Lawyer Project
(VLP), has made a concerted effort to
expand our volunteer program to insure
equal access to justice for all. The first,
newly graduated attorney-volunteers
continue to accept cases from Mercer
County Legal Services with help from the
association. You’ll see their picture in
this issue. We have developed more
volunteer opportunities for our members
and encourage you to make yourself
available to mentor a new volunteer lawyer, or take a case from Mercer County
Legal Services.
Page 2
December 2011
A Publication of the Mercer County Bar Association
M e r c e r
December 2011
Officers
Christine M. Gravelle
President
C o u n t y
Volume 30, Issue 6
609-896-2660
Nick C. Travisano
President-Elect
609-588-9900
Samuel M. Gaylord
Vice President
609-771-8614
Dorothy E. Bolinsky
Treasurer
609-716-6500
Michelle S. Gasparian
Secretary
609-989-6350
Trustees
2011
Margaret A. Chipowsky
James L. Creegan
Peter F. Kelly
Raymond C. Staub
Angelo A. Stio III
609-896-2404
609-896-9060
609-896-3600
609-585-2443
609-452-0808
2012
Colleen M. Crocker
Robert E. Lytle
Roger S. Mitchell
Angelo J. Onofrio
Jennifer D. Zoschak
609-890-0050
609-275-0400
609-397-5554
609-989-6350
609-884-0488
2013
Robert F. Casey
Brian J. Duff
Stacy M. Geurds
Michael Kahme
Tanya L. Phillips
609-896-2000
609-585-2443
609-989-6350
609-924-0808
609-896-2222
Michael R. Paglione
Immediate Past President
609-275-0400
Jeffrey S. Posta, Esq.
NJSBA Representative
609-896-9060
MCBA Office
609-585-6200
The MERCER COUNTY LAWYER is published six times
per year; February, April, June, August, October, and December. Advertisements appearing in
the MERCER
COUNTY LAWYER are the viewpoints of the contributors
and are not necessarily endorsed by the Mercer County Bar
Association or its members. The MCBA does not vouch for
the accuracy of any legal analysis, citations, or opinions
expressed in any articles contained herein. Individuals who
are interested in joining the Association, placing advertising, or contributing articles should contact the Bar Association office at 609-585-6200, fax 609-585-5537 or e-mail
[email protected]. The newsletter deadline is the
last Friday of the month preceding the publication month.
The tremendous support and encouragement I received from my fellow officers and trustees and from Chrissy
Brennan and her staff, made my job an
easy task. All year, I drew confidence
from knowing that I could call on anyone
of them at any time and get the help or
advice I needed. Their enthusiasm and
hard work has been invaluable and I
thank them for it.
tion about their cases and allow the
public to gain access to sources of representation.
Our October Xtreme CLE event took
hours of careful planning but was well
worth the effort. Thanks to our staff and
CLE co-chairs, Brian Duff, Margaret
Chipowsky, and Roger Mitchell, many of
our members were able to fill their CLE
requirements at the one-day event. A
special thank you to the folks who preNick Travisano will be sworn in as our
sented the seminars. We covered a
new president in January at the Stone
Terrace in Hamilton. The association is wide variety of subject areas and have
in good hands with Nick who has given gotten lots of positive feedback on the
materials. If you would like to see a
us many hours of his time and is dedicertain area addressed through CLE, or
cated to proving our services to members. Be sure to sign up for the installa- if you would like to teach a seminar in
tion dinner scheduled for January 26th. your practice area, please contact the
Sam Gaylord, Dottie Bolinsky, Michelle bar association.
Gasparian, and Colleen Crocker will
Thanks to Jackie Ruocco and Patrick
take their oaths as officers for 2012. I
Carrig, co-chairs of our Young Lawyers
wish them well.
Committee, for organizing the beefsteak
This year has also seen lots of new ad- dinner at the Firkin for our November
Membership meeting. Guest bartendditions thanks to the hard work of
Chrissy Brennan and the trustees. I’m ers, Nick Travisano, Dottie Bolinsky,
Sam Gaylord, Brian Duff, and I, did a
proud of our association’s response to
the new mandatory CLE requirements. good job of thirst quenching. One Simple Wish, the 2011 charity chosen by
If you haven’t already done so, please
the Young Lawyers, raised over
check out our new interactive website.
$700.00 at the event and couldn’t have
You can access webinars to fill your
CLE credit requirements from the web- been more pleased.
site and can register for bar association
The holidays are just around the corner
events and seminars as well. The bar
association will maintain your credits on and if I missed you at the Holiday Party
file. Plans are in the works to develop a on December 7th, I wish you and your
site for our Lawyer Referral Service that families a safe, healthy and prosperous
will allow members to access informaNew Year.
VLP Co-Chairs and apprentice attorneys: Pat Budd, Angelo Stio, III, Elizabeth Scannella, Lauren Angelis, Corryn Kronnagle, Christine Gravelle
and Robert Lytle
A Publication of the Mercer County Bar Association
Page 3
December 2011
Getting to know the
2012 President Nick Travisano
Nick C. Travisano is a solo practitioner on Quakerbridge Road in Hamilton Township.
He has spent his entire career defending individuals charged with criminal indictable
and Municipal Court matters ranging from homicide down to petty disorderly persons
offenses. He also defends DWI’s and motor vehicle matters of consequence. Nick enjoys a busy matrimonial practice State wide, and deals with domestic violence matters
and restraining order hearings on behalf of plaintiffs and defendants (although not at the
same time).
Our president-elect is a graduate of Villanova University where he earned a BA totally
devoid of honors. He is also a proud graduate of the Delaware School of Law (now
Widener) although is still on the wait-list for Villanova Law.
Nick has served on the board of trustees of the Mercer County Bar Association for several years and has chaired the “Hey I’m 18” committee. This program focuses on the rights and responsibilities of turning 18
in the State of New Jersey and allows Nick the opportunity to present his unique, educational style to high school seniors
county wide.
A life-long resident of New Jersey, Nick escaped to Bucks County after marrying his lovely, patient wife Gina in 1994. He
now basks in the glow of suburban life with Gina and his two sons, hoping that somehow they will some day avoid criminal
records. Nick is an avid motorcyclist and is a charter member of the Yardley “heck’s angels”, which is far less violent than
the more famous motorcycle club.
Upcoming Bench Bar Meeting
All Attorneys are Invited to Attend Bench Bar Meetings
Family Bench Bar Meeting
January 19, 2012
Judge Fitzpatrick’s Courtroom; 3:30 p.m.
Municipal Bench Bar Meeting
February 16, 2012
Judge Haley’ s Courtroom;
Ewing Municipal Courthouse; 3:30 p.m.
A Publication of the Mercer County Bar Association
Page 4
December 2011
Family Bench Bar Update
Jennifer Zoschak, Esq.
Judge Fitzpatrick and Judge DeBello opened the October Family Bench Bar Meeting by expressing their appreciation to the ESP Panelists and Post ESP Mediators for their tremendous efforts in helping to resolve matrimonial
cases. Dee Tatum has sent the updated list of panelists for 2012. Please confirm with your panelists before sending out your memos as panelists often change.
Judge Fitzpatrick asked attorneys to report if domestic violence complainants who go to their local police on the
weekends are being advised by their municipalities to wait until Monday and to enter their complaints at Superior
Court. Proper procedure mandates that complaints filed on the weekends or after 3:00 p.m. should be processed
by the Municipal Court with assistance of the local police, but some municipalities are discouraging litigants from
filing and sending them to the Courthouse during business hours instead.
The Safe House/Hospital to Court Domestic Violence Safety Assistance Programs are now in effect whereby
workers at hospitals and safe-houses, such as Women’s Space, are trained to assist victims in obtaining Temporary Restraining Orders. This program is designed to provide information, support and guidance through the process and allows victims to obtain TROs via telephone/closed circuit video conferencing.
Judge Fitzpatrick reminded the bar that Complaints which are not timely served will be dismissed and reminded
attorneys to file the Affidavit of Service to keep a case active. If a litigant is avoiding service, or cannot be found,
details of a diligent inquiry must be included in the Motion to Serve by Publication. Such relief is intended only for
extreme cases.
The Court reminded those present that each Court’s staff can only be responsible for its own chambers and that
staff is doing its best to return calls, however messages should only be left for the specific staff of each chambers.
The Court also advised that forms are available for requests to appear by telephone.
The Family Section sponsored a seminar for Xtreme CLE entitled “Immigration and Family Law” with guest speakers Derek DeCosmo, Esquire and Judge Catherine Fitzpatrick. The seminar, which explored the contemporary
issues of domestic violence among non-citizens, residency and immigration/citizenship issues in divorce cases,
was well attended and received positive feedback.
Our first Family Bench Bar Meeting of the new year will be on January 19, 2012.
A Publication of the Mercer County Bar Association
Page 5
December 2011
2011—2012 Season
Schedule
Ewing Township Recreation Department
Mercer County Lawyers’ League
2011-2012 Season
League play is the “JCC” gym on Monday nights,
Ewing Township Senior & Recreation Center,
999 Lower Ferry Road, Ewing, N.J.
All games Monday nights: 7:00 & 8:00 PM
1.
2.
3.
4.
Old Guys (Red)
Mixed Bag (White)
Pamela’s Boobs (Yellow)
Markowitz Gravelle (Black)
Date
Time
Home vs. Away
12/19
7:00 PM
8:00 PM
12/26
No Games!
1/2
Happy Holidays!
1/9
7:00 PM
8:00 PM
1 vs. 3
2 vs.
1/16
7:00 PM
8:00 PM
1 vs. 2
3 vs. 4
1/23
7:00 PM
8:00 PM
2 vs. 3
1 vs. 4
1/30
7:00 PM
8:00 PM
1 vs. 3
2 vs. 4
2/6
7:00 PM
8:00 PM
1 vs. 2
3 vs. 4
2/13
7:00 PM
8:00 PM
3 vs. 2
1 vs. 4
2/20
7:00 PM
8:00 PM
1 vs. 3
2 vs. 4
2/27
7:00 PM
8:00 PM
1 vs. 2
3 vs. 4
3/5
7:00 PM
8:00 PM
3 vs. 2
1 vs. 4
2 vs. 3
1 vs. 4
Judges, Lawyers, Law Clerks & Law Students Only
League Commissioner: Allen I. Gorski
(609) 890-1500 ext 309 (work)
[email protected]
7:00 PM
8:00 PM
Playoffs 3/12
1st vs. 4th
2nd vs. 3rd
Ewing Recreation Dept/: Ted Forst
(609) 883-1776 ext 6203
[email protected]
7:00 PM
1st/4th vs. 2nd/3rd
A Publication of the Mercer County Bar Association
Finals 3/19
Page 6
December 2011
MCBA General Membership Meeting
“Beefsteak & Guest Bartender Event”
November 9, 2011
A Publication of the Mercer County Bar Association
Page 7
December 2011
Thank you
YLC Co-Chair Jacki Ruocco, MCBA President Chris
Gravelle and YLC Co-Chair Pat Carrigg present
One Simple Wish Founder Danielle Gletow with the
Young Lawyers annual donation.
Contributions to the Wish Garden at The Beefsteak
Dinner helped generate over $700 for One Simple
Wish, the YLC’s 2011 charity.
The evening honored the 2011 Young Lawyer of the
Year recipient, Stephanie Jonaitis (center) seen here
with Dan Jonaitis (left) and Chris Gravelle (right).
A Publication of the Mercer County Bar Association
One Simple Wish would like to sincerely thank the
members of the Mercer County Young Lawyers
Committee for choosing us to be their charity this
year and for your incredible, overwhelming support. Because of your generosity, we will be able to
grant at least 40 more wishes to the foster children
and vulnerable families we serve. We believe our
program is so important because we allow those in
need to make special, personal requests and, in
turn, allow our wonderful donors, like you, to decide
exactly where their hard-earned money is going. To
date we are proud to have granted nearly 1900
wishes in under 3 years!
This year One Simple Wish is launching a very
exciting program called Wish To Work that aims to
provide professional development training, internships and job skill building to young people aging
out of or that have already aged out of the foster care
system. Young people who age out traditionally
face incredibly bleak futures that often include
homelessness, extreme poverty, drug abuse, incarceration and teen pregnancy. We believe our program will help break this cycle and prepare these
young people for professional careers that will allow
them to become successful, productive adults. We
would love to have the support of the members of the
Mercer County Bar Association and are asking
anyone who is interested in mentoring, sponsoring
or volunteering for this program to please contact
me, Danielle Gletow, at [email protected].
Thank you again from the very bottom of my heart.
As a foster/adoptive parent this organization is not
a job to me - it is truly a mission and I feel incredibly blessed to be able to live my dream, making the
wishes of those in need come true. And I couldn't do
it without you.
-Danielle Gletow
Page 8
December 2011
The Legal Implications of Social Media
Richard A. Catalina, Esq.
[Note: Welcome to this series on the legal implications of Social Media. This
journey will explore the history and nature of Social Media and various, timely
topics such as intellectual property, privacy, security, do’s and don’ts, and what
every lawyer needs to know about this
new frontier.]
Part 1
Social Media. Web 2.0 is alive and
well, thank you, and changing the way
we communicate, socialize, work and
play.
Welcome to life after the first decade
following the dawn of the “new millennium,” which itself seems like only yesterday.
Background / Initial Commentary
“Moore’s Law,” named after Intel cofounder Gordon E. Moore, who first
articulated his theory in a 1965 paper,
describes a long-term trend in the history of computing hardware: the number of transistors that can be placed
inexpensively on an integrated circuit
doubles approximately every two
years. The trend has proved amazingly accurate, although in the past few
years it appears to have slowed a bit –
perhaps doubling every three years
instead of two.
A consequential axiom of Moore’s Law
is that computing power, in particular,
and technology, as a whole, will also
double approximately every two years.
In other words, the pace of technology
is not steady; it is exponential. Under
Moore’s Law, in 20 years computing
power doesn’t increase twenty-fold; it
increases one thousand-fold! As a
result, and extended to the Internet,
our present ability to engage and inter-
act is far beyond what we may have
imagined 10, 15 or 20 years ago.
Billions of people around the world
are now interconnected, creating,
sharing. The boundaries between
“realities” are blurred. Cisco wasn’t
kidding in its television commercials,
when it prophetically claimed,
“Welcome to the human network.”
And so, the law seeks to catch up,
and Social Media is the latest frontier. This series will examine the
many facets of legal issues arising
within the advancing world of Social
Media.
Social Media Defined
Ask 100 individuals to define “social
media” and you will likely receive 100
varied answers. Some may have no
idea. Others may convey a technological-based understanding.
Still
others may relate to it as a simple
social communication means. Corporate types may describe it as a
marketing or PR tool. Despite the
varied responses, the fact is that Social Media is many things to many
people. It is that diverse.
Social Media is not just Facebook,
Farmville and Mafia Wars. These
days, Social Media is found anywhere there is connectivity. It is
ubiquitous, pervasive and encompassing – and “mashable,” too.
According to Wikipedia, itself a shining example of Web 2.0, the term
Social Media “refers to the use of
web-based and mobile technologies
to turn communication into an interactive dialogue.
Andreas Kaplan
and Michael Haenlein define social
media as ‘a group of Internet-based
applications that build on the ideological and technological foundations
of Web 2.0, and that allow the
creation and exchange of usergenerated content.’”
Whether
through computers, pads or mobile
devices (e.g., smart phones), Social Media is “media for social interaction, as a superset beyond
social communication.”
In the early days of the Internet,
users sat at a computer and
“surfed” web sites, gathering information from the Internet. It was
essentially a one-way communication. With the advent of Web 2.0
technologies, however, the user no
longer just gathers; the user contributes and shares. The user is
now part of the Internet. What was
once a one-way street, has become a two-way street, which has
further morphed into a crossnetwork among all connected users. This is the essence of Web
2.0: users are the Internet.
Of course, there are large gathering spots that facilitate this sharing.
They go by such names as Facebook, LinkedIn, MySpace, Digg,
Twitter, YouTube, Flickr, and the
like. But, as Carl Sagan would
comment, “there are billions, and
billions, and billions . . .” You get
the point. Social Media is everywhere.
Such as? Well, wherever you – as
the user – can share content, and
thus, participate and contribute to
this grand experiment. Corporate
web sites, e-commerce sites,
blogs, news sites, dating sites,
sites devoted to the most obscure
of hobbies (and worse).
How
about a Cuban cigar smoker’s
community? It’s there. You name
it – this is all part of Social Media.
A Publication of the Mercer County Bar Association
Page 9
December 2011
Under Moore’s Law, technology
increases at an exponential rate –
more or less. Law, on the other
hand, tends to evolve considerably
slower and would always prefer to
apply a known, established solution to a novel problem, even if the
solution is not a proper fit. Given
the meteoric rise in Social Media,
numerous legal issues have surfaced, in as varied circumstances
as life itself – for, after all, Social
Media is nothing but a mere digital
reflection of reality.
If it can happen in “reality,” it can
happen in cyberspace, particularly
since with Social Media, the lines
between are less defined. Bullying
a fellow class mate on Facebook is
no different than bullying in school.
Posting an inappropriate or indecent picture of a co-worker on
Flickr is the same as passing it
around the office. Using copyrighted photographs on a blog is
no different than publishing that
same material in a printed newspaper advertisement.
Let’s examine some of the more
noteworthy legal issues arising in
Social Media.
Intellectual Property
As an attorney whose practice focuses primarily in the intellectual
property, Internet and technology
law arena, an examination of Intellectual Property issues was probably my obvious (and logical) choice
to start this analysis. However,
despite my personal bias, IP-based
issues probably arise more frequently than any other “category” –
because Social Media is based on
user contribution and sharing –
and so, consideration of IP matters
is a well deserved starting point.
Copyright
Copyright issues abound on the
Internet, with Social Media a powerful magnetic force. While a full
legal analysis of Copyright Law is
beyond the scope of this article –
despite its multi-part format – it is
worth noting a few basics.
First, Copyright Law applies to
creative works and the legal protections of the law attach at the
moment that the creative work is
fixed in a medium by the creator.
The Copyright is owned by the
creator, such as the author,
painter, photographer, musician, or
software engineer writing the code.
Copyright Law applies to jewelry
designs and broadcasts of NFL
games. Under Section 106 of the
Copyright statute, the holder of the
Copyright is afforded the exclusive
right to make copies, derivative
works or perform the work (and
more). Anyone else seeking such
rights must obtain the permission
of the Copyright holder; to otherwise engage in such activities without permission, authorization or
license from the holder is infringement of the Copyright.
The following is a compilation, derived from numerous sources, of
what I believe may be the Top
Copyright Myths:
In many cases, the creator of the
work is obligated to assign the
work to a third party, such as the
creator’s employer or where a contract expressly provides that the
party paying for the work will own
the Copyright. In those cases, the
third party is the Copyright holder.
it is ‘fair use’ and thus not a violation of copyright,” OR “Fair use will
protect me.”
The law, however, does provide
limited exceptions to Copyright
protection, the most noteworthy of
which is the Fair Use doctrine. If
you meet the specific requirements
of Section 107 of the Copyright
statute, you may engage – in limited fashion – in some of the rights
held by the Copyright holder.
The Internet abounds with many
“Copyright myths,” and the likely
source is ignorance of the Fair Use
doctrine and what it actually allows
(and doesn’t allow).
These
“Copyright myths” are especially
pervasive when it comes to Social
Media.
A Publication of the Mercer County Bar Association
 “If it doesn’t have a copyright
notice, it’s not copyrighted,” OR “If
a work does not have the © or say
‘copyright,’ it is in the public domain and can be freely copied and
distributed.”
 “It is legal to copy a work as
long as I give the author full credit.”
 “Anything on the Internet is in
the public domain,” OR “If a work is
on the Internet, it is in the public
domain and can be freely copied
and distributed.”
 “If I don’t charge for the work,
it’s not a copyright violation.”
 “Unless I copy the whole work,
 “I may use characters from
other writers as long as my story is
original.”
 “Anything mailed or e-mailed
to me becomes my property,” OR
“You can mail yourself a copy of
your work to protect it.”
“I hired a web site designer to develop my web site and I own the
copyright to my web site.”
The worst of the above myths is
the belief that simply because a
work is on the Internet, it is in the
public domain, and thus, not Copyright protected. The rationale for
that mistaken belief is even more
glaring: “It must be in the public
domain, since all I need to do is
‘right click’ and ‘save’ and I have in
my computer an exact digital re-
Page 10
December 2011
Legal Implications Cont.
production of what appears on my
monitor.”
Of course, this is not true. Yes, the
user saved an exact digital copy of the
work. That, however, does not mean
that the file (work) is in the public domain. Any and every thing on the
Internet should be assumed to be
Copyright protected and should not be
used – unless permission is given or
acquired.
The DMCA
Enter the Digital Millennium Copyright
Act of 2003, otherwise known as the
DMCA. The DMCA is a powerful
Copyright “multi-tool” that has been
embraced by Social Media web sites
and Copyright holders alike.
While the DMCA was enacted in 2003
to protect digital implementations of
Copyright works on the Internet, few
probably realized at that time the important role the DMCA would play in
Social Media many years after its passage – long before Facebook, YouTube and their ilk.
Time to end – for now. In the next installment of this series, we will discuss
implementation of the DMCA, additional IP issues and data security and
privacy issues.
1. As an example, an Intel 32-bit, single core 80386 CPU – typical for 1990
– operated at 33 MHz and incorporated
275,000 transistors. Intel’s quad-core
Itanium Tukwila architecture, introduced in 2010, operates at clock
speeds of 3.2 GHz (per core) and incorporates 2,000,000,000 transistors.
A Publication of the Mercer County Bar Association
December 2011
Page 11
Condominuim Crisis
Irene S. Clopton, Esq.
There have been plenty of challenges for real estate professionals
over the last few years, with falling
home prices and rising foreclosures. Unfortunately, those challenges may prove even more
daunting as it becomes apparent
that condominium associations,
which comprise a large percentage
of all residential housing statewide,
prove to be increasingly difficult to
sell to even the most qualified buyers.(1)
For decades, condominiums were a
preferred form of home ownership
by many local municipalities because condominiums could regard
themselves as separate communities, relieving local government
from obligations of garbage collection, snow removal and road maintenance. Developers found that in
exchange for relieving municipalities
of the costs of road maintenance,
their plans were far more likely to be
approved. The condominium model
was employed not only for the traditional apartment style living, but has
become over the years the predominant form of ownership for
town home developments as well
as many single family homes, particularly in over 55 developments.
While all homeowners throughout
the state have been impacted by
the economy, as the effects of
the severe recession continue,
condominium communities
throughout the state find themselves with rising delinquency
rates and depleting reserves.
According to recent statistics
from the Community Associations
Institute, prior to the economic
downturn homeowner associations would typically have 2-5
percent of their residents delinquent in paying their mainte-
nance fees. In the past few
years, the non-payment rates for
some developments have increased to 30% or more.(2)
Presently, Federal Housing Administration (FHA) certification
for most condominium associations has either been revoked or
is set to expire by years end. All
of the condominium associations
will need to ultimately be recertified by FHA, which has recognized over the last few years
the instability of condo developments and the need to re-verify
all of their financial information.
Many of the condominium associations stand no chance of obtaining re- certification by FHA,
which requires them to verify
among other conditions their
budgets, payment histories and
whether there is any pending
litigation. However, the biggest
concern is that irrespective of
whether a borrower is seeking
FHA or conventional mortgage
financing most lenders will not
approve a loan where more than
15 percent of homeowners are
30 or more days in arrears.
While there are some limited
circumstances where a borrower
may still be able to qualify for
financing where there is a substantial down payment, there
can be no reasonable assurance
of the likelihood of obtaining a
mortgage commitment until the
lender receives a completed
"condo questionnaire" from the
association. The condo questionnaire for even conventional
financing requires the association to disclose a long list of information, including the delinquency rate, the owner/investor
ratio, and whether there is any
pending litigation involving the
homeowner's association. For instance, some associations are still
experiencing fall out from the record snow fall last year, because
its unit owners can neither refinance their units nor sell them due
to a number of slip and fall cases
brought against the association.
With many unit owners failing to
pay association fees, the responsibility for sustaining their condominium community falls on the remaining homeowners. As a result,
condo associations are raising
fees, which results in more and
more homeowners being unable to
pay their fair share. With rising
foreclosures and short sales, the
Associations are often forced to
compromise outstanding arrearages
upon resale. With financing options
dwindling, cash buyers may be the
only option for resale of these units
in a number of developments. However, many of the cash buyers are
purchasing these units as rentals,
which impacts the investor/ homeowner ratios, providing yet another
reason for most lenders to deny
financing (ratio of investors to owners cannot exceed 50%).
The statutory authority for the creation and operation of condominium
associations is the Planned Real
Estate Development Full Disclosure
Act (PREDFDA). (3) Condominium Associations are further subject to the provisions of the Condominium Act. (4) Although PREDFDA essentially establishes the
"basic" framework for the creation
of a homeowner association by
requiring associations to "disclose"
via the Public Offering Statement
(POS) how the association will be
governed, which fees and
(Article continues on page 19)
A Publication of the Mercer County Bar Association
Page 12
December 2011
2011 MCBA Xtreme CLE
October 26, 2011
Hon. Neil Shuster (ret) and Bruce Shore
John Hartmann, Jim Scott and Heather Hadley
A Special Thank You
Denise Mariani, Arthur Sypek, Jr.
and Hon. Maria Sypek (ret)
Richard Catalina and Gary Backinoff
Xtreme CLE would not be possible
without our gifted presenters and attentive students. We would like to extend a special thank you to our flash
drive sponsor, Guy J. Renzi & Associates, our beverage sponsor, Surety Title Company LLC and our table sponsors Fleischer Forensics, Borden
Perlman, and Petrone Associates Inc.
Lawson McElroy and Bob Yostembski
A Publication of the Mercer County Bar Association
Page 13
December 2011
One Day - One Place - One Year of Credits
Andrew Wolf, Martin Sissleman
and CLE Co-Chair Roger Mitchell
Our Flash Drive Sponsor: Mark Renzi and staff
from Guy J. Renzi & Associates
Edward Bergman, Hon. Neil Shuster
and Bruce Sattin
Beverage Sponsor J.P. Ryan from Surety Title
with CLE Co-Chair Brian Duff
Katie Magee, Nick Travisano
and Michelle Gasparian
Lenore Hannah, Hon. Charles Ouslander
and Hon. Paul T. Koenig (ret)
A Publication of the Mercer County Bar Association
Page 14
December 2011
Tidbits
Stark & Stark is pleased to announce
that Jennifer D. Gould has joined the firm
as a Shareholder in the Bankruptcy &
Creditor's Rights Group.
Ms. Gould represents secured and unsecured lenders, equipment leasing companies, other financial institutions and businesses in state, federal and bankruptcy
courts and has significant experience with
workouts and restructurings in addition to
litigation matters including commercial and
residential foreclosures, replevin actions,
contract disputes and brokerage commission disputes. Ms. Gould has served as
portfolio manager for multiple equipment
leasing companies for all of their litigation
matters throughout the country.
The addition of Ms. Gould will bolster the
firm's already dynamic Bankruptcy & Creditor's Rights Group and her 14 years of experience will help Stark & Stark continue to
provide our financial industry clients with
the highest quality legal service.
Volpe and Koenig, P.C., announced
that Marina Sigareva, Ph.D., has joined
the Firm as an Associate in its Princeton
office. Sigareva counsels clients in the
preparation and prosecution of patent applications specializing in the areas of biotechnology, molecular biology and pharmaceuticals.
Prior to joining Volpe and Koenig, Marina
served as a Patent Attorney for KeyGene
N.V., the Dutch Agricultural Biotech company, and Lawson & Weitzen, LLP as well
as an IP Consultant for start-up companies
in the modification of plants. She has coauthored numerous scientific publications
and is a co-inventor on several patent applications.
Sigareva is admitted to practice before the
U.S. Patent and Trademark Office and is a
member of the Massachusetts Bar. She
earned her J.D. cum laude from Suffolk
University Law School, a Ph.D. and M.S. in
Genetics from the Institute of Cell Biology
& Genetic Engineering, and an M.S. in Genetics and Molecular Biology, Kiev State
University.
The Mercer Regional Chamber of
Commerce welcomed incoming Chair-
“We strongly value the leadership and
dedication of our Chairmen as well as
our entire Board of Directors. The Mercer Chamber is truly fortunate to have
such a highly respected team of business leaders and industry pioneers
serving on our board” stated Robert D.
Prunetti, President and CEO of the
Mercer Regional Chamber of Commerce.
“It was a tremendous honor to be welcomed by the business community. I
look
forward to working closely with Bob as
we take the chamber to the next level
for our members and community”
stated Michael A. Cano after officially
being welcomed as Chairman of the
Mercer Regional Chamber of Commerce.
man, Michael A. Cano at its recent
“Changing of the Guard” traditional ceremony. Robert D. Prunetti, President and
CEO of the Mercer Regional Chamber of
Commerce thanked Sherise D. Ritter, Principal of Mercadien, P.C., CPA’S , for her
outstanding service and guidance for the
past two years and introduced Michael A.
Cano, Owner of Cano Wealth Strategies,
LLC as the new Chairman of the Board.
Christine Bator and Rutgers Law
Students recently toured a New
Jersey Nuclear Plant as part of the
Environmental Law course.
MCBA Lawyer Referral Service
MCBA Lawyer Referral Service– needs attorneys who focus on any of the following categories: Mortgage Modifications, Banking, Small
Claims, or Special Civil Part. We are also seeking
Spanish speaking attorneys in all practice areas.
Interested attorneys can receive more information
about the Lawyer Referral Service by calling the
MCBA office at 609-585-6200.
A Publication of the Mercer County Bar Association
Page 15
December 2011
Statement from New Jersey State Bar Association
President Susan A. Feeney:
Gov. Chris Christie's comments today are yet another attempt to intimidate the
courts and unduly influence the judicial process. Further, his personal criticism of
Mercer County Assignment Judge Linda Feinberg is unwarranted and irresponsible.
Judge Feinberg has a sterling record for integrity as one of the most respected
members of the New Jersey bench, as well as a long, distinguished career as a
public official. While the Governor would have the public believe she made an arbitrary, self-interested decision, that is not the case. Her opinion in favor of Judge DePascale is based on a comprehensive legal analysis of the issues raised by both
parties in the case. Judge Feinberg did exactly what a judge is supposed to do: she
applied the law – without concern for political retribution or the “pocketbook” interests of herself and her colleagues.
The Governor’s continued attack on the Judiciary denigrates the separation of powers and the independence of the Judiciary as a separate branch of government. It is
a blatant attempt to mislead the public and influence the judicial process and Supreme Court. As a lawyer, he should know better."
A Publication of the Mercer County Bar Association
Page 16
December 2011
ADVERTISING in the Mercer County Lawyer BRINGS RESULTS!
If you have anything to sell, rent, or lease, let the MCL spread the word. Call 609-585-6200 for rate information.
Discount rates for members.
FLORIDA LEGAL SERVICES OR ASSISTANCE –
Florida probate, trust, estate administration, real property
and domicile assistance. Call T. Robert Zochowski, Esq.,
LLM (Tax) (member Florida and New Jersey Bar), 1001
North US 1, Suite 400, Jupiter, Florida. Call (609) 7992111, (561) 744-1175 or email [email protected].
HAMILTON LAW OFFICE— Center City Office Park.
Share 1,400 sq. ft. with windows. Reasonable Rental. 609585-5151.
PRINCETON PARK CORPORATE CENTER OFFICE TO SHARE: Office space to sublet for law office,
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INDIVIDUAL OFFICES FOR RENT, PENNINGTON, available. $650/mo. Referrals possible. Call Marty Indik
NJ –Prime Location – corner of Rt. 31 and Delaware
(609) 252-9700
Ave., above Wachovia Bank. Plenty of parking. 5 minutes to 295 and 95. Shared Conference Room and RecepEXPERIENCED FAMILY LAW ATTORNEY seektion. Can rent up to 5 offices. Has storage in baseing per diem research , writing, document review or other
ment. $650/mo. 609-452-7100 or [email protected] work. Negotiable rate. Deb Horowitz 908-872-2532.
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LEGAL/PROFESSIONAL OFFICES FOR RENT,
TRENTON, NJ – Directly across from new courthouse.
2600 sq. ft. Can divide into 2 offices. $1,900 ea side with LITIGATION ATTORNEY - Medium-size Insurance
Defense firm in Mercer County seeks motivated NJ /PA
parking. 609-452-7100 or [email protected]
admitted attorney with 0-3 years litigation experience,
strong research and writing skills required. Please email
resume and salary requirement in confidence to: [email protected]
MCBA MAILING LABELS AVAILABLE
Announce your news about new associates, promotions, partnerships
and other items by direct mailing to
Mercer County Bar Association members. MCBA members receive a discount on the purchase of our mailing
list and mailing labels. Call today for
complete details
609- 585-6200.
Wanted: Writers
Mercer County Bar Association
members are encouraged to submit
articles for possible publication in
the Mercer County Lawyer newsletter. Submissions via email are
preferred. Send your item to [email protected] or mail
your item to the Mercer County Lawyer, 1245 Whitehorse Mercerville Rd, Ste 420, Hamilton, NJ 08619 or fax to 609-5855537. The deadline for submissions is the last Friday of each
month prior to the month of publication.
A Publication of the Mercer County Bar Association
Page 17
December 2011
Love in a Virtual World (Without Infringement)
Cathryn A. Mitchell, Esq.
Intellectual Property and the (mis)adventures of online dating
It is a cliché, in 2011, to suggest that
the Internet is transforming the way
people communicate. The transformation has been occurring for years,
and it is not safe to say that we are—
for better or worse—transformed.
Countless articles have been written
about commercial websites, social
networking and all of the legal issues
that they generate, which, lucky for
us lawyers, are many. So I am interested in looking at a different form of
social media: online dating.
ing partner (who often arrives in the
office by 6:45 after his power walk
and protein shake), and billing 3,000
hours per year to insure that her job
as a 12th-year associate making
$50,000 per year is not given to one
of the thousands of former law firm
partners with 20-plus years of experience recently “downsized” in the
“downturn,” Minnie has very little free
time. She does not even feel she can
step out of the office a few evenings
a week to sit provocatively on a local
bar stool to at least connect with a
First, let me say that my interest in
Mr. Right Now, who might tide her
online dating is purely academic and over until she has the ability to better
for educational purposes only.
focus her energies on securing a
suitable life partner for the long term.
Let’s begin with a few statistics.
Online Dating Magazine estimated
One night after returning home from
this year that there will be 280,000
work at the usual midnight, she
marriages per year as a direct result turned on the television and saw a
of people meeting via an online dat- commercial that caught her attention.
ing service. There are online dating It showed a couple that met on the
sites for everyone—over 40, under
dating site “loveforever.com” holding
40, Jewish, Asian, Christian, gay,
hands and blowing kisses at each
interracial, bisexual—you name it.
other. Minnie was intrigued. The ad
said that for only pennies per day
But these websites are not just chock she could meet the man of her
full of photographs of shirtless men
dreams.
(not that I would know) and descriptions about people’s favorite books
Minnie dashed over to the computer
and life passions. They are, believe it and logged on to the site. She filled
or not, a hotbed of intellectual prop- out the questionnaire, which asked
erty issues as well.
her about her height and weight and
bust size; and whether she cared if
Let us start with a completely ficher beau-to-be had any hair left and
tional hypothetical (any resemblance if he smoked and drank excessively.
to actual persons or events is purely She filled in the blanks about her
coincidental) for illustrative purposes favorite movies and how much she
only.
liked kayaking and scuba diving and
anything else she thought made her
Minnie Mouse, a 39-year old lawyer sound adventurous and began to
from New Brunswick, NJ, has found create her online profile.
that her work load is so intense that
she rarely has time to see her girlShe was required to create a userfriends from college and law school, name for the site. Feeling that selectmuch less set out on a quest for Mr. ing the name Minnie Mouse might
Right. Between going to the gym
make her sound a bit furry and less
everyday at 5 a.m. so she can be at than desirable to a Brad Pitt sort of
her desk early to impress the manag- match, Minnie opted for the name
A Publication of the Mercer County Bar Association
Angelina Jolie instead. When prompted
to insert her age, Minnie typed in 29,
since it is how you feel in your heart –
and not what you truly are – that matters.
The site strongly encouraged its users
to upload photographs of themselves
lying on a beach, dancing at a club and
climbing Mount Rushmore.
Minnie never went to beaches, clubs or
did any hiking at all. So she searched
the internet for pictures of women in
their 20s doing these things, especially
in magazines and newspapers. She
made sure that the faces of the women
in the photos were far away and blurry
enough that they were not really recognizable. She was thinking ahead in
case she ever actually met one of her
matches in person.
There were also areas on the form that
asked her to write about herself, and
her life. She thought her life was rather
boring since all she did was legal research all day, so she went online and
searched some magazine and newspaper articles about other people’s
lives and she pasted them into her profile. When it came time to describe
what mattered most to her, Minnie,
who had very few hobbies or interests,
panicked. But then she remembered
she had a stack of self-help books with
quotes and paragraphs brimming with
interesting comments. She copied
them verbatim to her profile, which was
now really beginning to take shape.
She also thought the questions on the
site were very interesting – in particular
the order, and the way they were presented – and decided she would copy
them down and share them with a few
other dating sites so they would have
the benefit of the research done by the
loveforever.com love scientists and
technicians. Through her special training at a summer job as a computer
Page 18
programmer, Minnie was also able
to obtain access to the algorithms
and source code used on the site.
She packaged it up together with
the questions to send to the other
companies so the submission
would be complete.
December 2011
ductive and save time if Minnie simply
e-mailed the draft profile to her, and
she would then call back with comments.
Professor Manning always loved
Minnie but remembered that Minnie
was much better at trusts and estates
than IP in law school and was conMinnie worked in a bank before
cerned that the gap in understanding
she went to law school and dealt
with a number of wealthy clients in continued. These were two busy
the Princeton area. She thought it women, so rather than beat around the
bush, Professor Manning gave it to
would look great if she included
their names and bank account bal- Minnie straight: her profile was an IP
lawsuit waiting to happen.
ances in her profile as well to impress her potential love interests
Here is what she said:
with her connections to the rich
and powerful.
The Photographs
As she began to create her online As for the photographs, the reason
persona, Minnie started to feel a bit Minnie was having trouble uploading
them was because they were copyright
like a mail order bride. But the
worst feelings came when she be- protected. Photographs are copyrightgan, unsuccessfully, to upload her able subject matter under the Copyphotographs and heard the words right Act, which protects any original
work of authorship expressed in a tanof her brilliant IP professor from
gible medium. Copyright issues are
law school, Carla Anne Manning,
swirling around in her head: “Don’t governed exclusively by federal law
and jurisdiction for copyright infringeforget those trademarks, copyrights, patents, trade secrets, rights ment claims rests solely with the fedof publicity …and the doctrines of eral courts.
likelihood of confusion, palming off,
misrepresentation, unfair competi- Here, the photographs were taken by
someone else – not Minnie – and likely
tion… .”
owned by either the publication or phoMinnie decided that uploading the tographer.
profile without the help of learned
Professor Manning might be risky. Even if Minnie had the right to use the
photographs from the magazines or
So she turned off the computer
and elected to table the completion newspapers, they included images of
living individuals who potentially have
of her profile until the next day,
rights of publicity in them. And let us
after she and Carla Anne could
not forget that putting forward photoconnect. After all, this could help
her find the most important person graphs of third parties suggesting they
in her life, and she wanted to do it are Minnie is misrepresentation and a
form of false advertising and false repright!
resentation of origin.
Minnie was happy that Professor
Of course, stating her age as 29 is also
Manning was also an early bird
and so her 7:30 am call found the misrepresentation and another way in
professor at her desk, busy work- which Minnie is presenting herself as
ing on her next IP article. The two someone she is not.
exchanged pleasantries for a few
minutes and then Minnie cut to the The Username
Names can be important, as we know
chase. Professor Manning told
from the billions of dollars that individuMinnie that it would be more pro-
als and companies spend protecting
their trade names and trademarks.
A trademark is a work, phrase, symbol or design, or a combination of
words, phrases, symbols or designs,
that identifies and distinguishes the
source of the goods of one party
from those of others. Famous trademarks include Coca-Cola and Xerox.
The issue in a case of potential
trademark infringement is “likelihood
of confusion” – whether the goods or
services of one party may be confused with those of another as a result of a use of the mark.
Here, the name Angelina Jolie is the
name of a living individual. In addition to issues of rights of publicity, to
the extent that Minnie’s username
could be confused or considered as
originating with or related to the actual Angelina Jolie, Minnie could face
a claim of infringement and potentially unfair competition.
The Text
Minnie’s verbatim lifting of sections
of newspapers, magazines and
books potentially runs afoul of the
copyright laws. Although Minnie
might attempt to suggest that her use
is a “fair use” – in particular because
the amount of text that was taken
was relatively small and not entire
chapters or articles – the fact that the
copying was intentional and identical
may not bode well for a successful
copyright defense. In addition, fair
soul mate falls within the Congressional intent behind the fair-use defense.
The Algorithms and Source Code;
the Bank Information
Reverse-engineering of source code
and accessing algorithms and sections of the questionnaire may be
considered by the dating site to be
an infringement of their trade secrets
and potentially their patents. The fact
that Minnie was able to use her skills
to break into the system and see the
code suggests that “loveforever.com”
A Publication of the Mercer County Bar Association
Page 19
December 2011
is not adequately protecting the
security of it proprietary materials.
But that does not mean the site’s
rights are lost or that Minnie would
not be subject to a claim.
As for the bank information Minnie
took with her, this is likely to be
considered by the bank to be proprietary client data and publication
of it likely to subject Minnie to
claims as well.
Minnie was horrified by the bullet
she seemed to have dodged and
glad she reached out to Professor
Manning. She realized that all of
this may have been the universe
sending her a warning shot that it
was time to take a break. Minnie
decided to quit her job at the law
firm. She had heard there was a
theme park down in Florida looking
for someone to dance in the show
at the princess’s castle. Minnie
thought this sounded perfect, and
that she might even find her Prince
Charming there, and she could
then abandon online dating forever.
A Publication of the Mercer County Bar Association
Condominium Crisis
Cont.
assessments may be levied
and what rules and regulations
homeowners are bound by, the
practical result is at least a five
pound stack of documents
filled with legalese that typically
neither the homeowner nor real
estate professionals working
for the homeowner understand
or even read. AI though there
has been a statutory scheme
for the creation of condominium
ownership for over 30 years,
there has been no statutory
authority for enforcement of
that scheme or penalties for
community managers or associations blatantly violating the
terms of the bylaws which technically the state was charged
with approving when giving its
blessing to the establishment of
the homeowner association.
As a result, advocates for
homeowner rights have long
sought legislative support for
regulations preventing associations from depriving unit owners from basic constitutional
rights (i.e. right to publish dissenting homeowner opinions to
board action in community
newsletters), objecting to unfair
voting practices (i.e. current
board holding elections in private and discarding opposing
ballots), refusal to make repairs
to common elements, which in
an apartment setting would
result in the housing being
condemned.(5) The Public
Offering Statements are so
verbose and vague that even
when homeowners do take the
time to read them it is often
difficult to even figure out which
Page 20
December 2011
Condominium Crisis Cont.
repairs the association is actually responsible for. Unfortunately, even when the associations responsibility is clearly delineated, that does not mean that
the association will agree to
make the repairs, no matter how
dire. Especially now with dwindling reserves, the board can
simply ignore, delay or reject a
legitimate request because it is
knows that the homeowner has
little or no recourse against them
if they refuse. Homeowners often
find that their only choice is to
seek costly legal action for what
could be a nominal repair against
associations who are often represented by large firms. And although there is a good chance
that those homeowners would be
successful in court, the statutory
scheme arguably permits associates to add insult to injury because that same prevailing
homeowner now has to pay the
legal fees of the association attorneys as a part of the common
assessment. And this is precisely
why The Association Regulation
Unit in the Department of Community Affairs (DCA) is inundated
on a daily basis with frustrated
homeowners pleading for assistance. Although few condo owners, and possibly even fewer attorneys are even familiar with the
role of the DCA, the DCA Association Regulation Unit is the
state regulatory agency responsible for approving the proposed
governing documents for creation
of homeowner associations under PREDFDA.
The Association Regulation unit
in the DCA has authority to intervene in three specific areas involving the operation of owner
controlled associations: (I) to
ensure that associations enact
and administer ADR procedures;
(2) comply with open meeting
requirements; and (3) ensure that
associations provide owners with
reasonable access to accounting
records. Homeowners are able to
file a "Common Interest Community Association Complaint" form
available online at
www.state.nj.us/dca to seek DCA
intervention. Unfortunately, with
the exception of assisting homeowners in securing financial disclosure, the intervention of the
DCA is very limited. The DCA
can merely assure that ADR procedures are available to homeowners, but c an neither provide
ADR services nor compel the
association to grant any of the
relief set forth in the bylaws. The
ADR procedures, even when
followed, are typically lengthy
and homeowners needing immediate relief may find that they
have no alternative but to seek
court intervention. Moreover,
while frustrated homeowners
have to potentially spend thousand of dollars to require the
association to make repairs. T hey
have no right to stop paying their
monthly association dues without
facing liens, penalties and costs
for association attorneys.
Various reforms have been debated, including fee shifting leg-
MCBA Financial Information is available for
review in the MCBA offices upon request by
members in good standing.
islation. Although fee shifting
may be a boon to Plaintiffs
attorneys, the fees even when
awarded would have to be
passed down as a common
expense for all homeowners to
share. Debatably though, with
a more realistic threat of litigation and an empowered unit
owner, associations may be far
more inclined to settle disputes
quickly. In the meantime, without a legislative mandate for
enforcement of basic homeowner rights and a cost effective forum to seek dispute
resolution, the fundamental
issues with the entire condo
model will likely persist. Arguably the current economic situation and resulting mortgage
crisis at least has the potential
for exposing the many weaknesses of that model, as many
unit owners grow increasing
aware that they cannot refinance or sell their units, which
may potentially serve to drive
some long awaited reforms.
For more in depth information
on the "Condo Crisis", please
join us on March 1", 2011 for
the upcoming seminar presented by the Mercer County
Bar Association Real Estate
Section focusing on current
homeowner association issues.
Flyers will be emailed to members at a later date.
_________________________
1This article focuses primarily
on condominium issues although many of the same
concerns apply to all forms of
homeowner associations.
2Elaine Rose, Unpaid owner's fees hurt
condo associations, Atlantic City Press, I
0/23111
3N.J.S.A. 45:22A-21 et seq. and
N.J.A.C. 5:26 et seq.
4N.J.S.A. 46:8B-8
5 RUTGERS J.L. & PUB. POLICY 50
A Publication of the Mercer County Bar Association
Page 21
December 2011
Registration forms for seminars and events are posted on the Mercer County Bar Association website
www.mercerbar.com. On the home page there are tabs across the top. Hover your mouse over the “events” tab, and then
choose “calendar of events” from the drop-down menu. That will take you to a page where you will find the seminars and
events listed in chronological order. Clicking on an underlined event will take you to the registration form. If you have
any questions, call the MCBA office 609-585-6200.
December
December 6, 2011
MCBA Trustees Dinner
The Revere
5:30 pm
December 7, 2011
Domestic Violence Working Group
Meeting
Courtroom 4B, Civil Courts Bldg., 175
So. Broad St., 4th Floor
3:30 pm
December 7, 2011
Holiday Party
The Trenton Country Club
5:30 pm
December 8, 2011
Lawyers CARE Clinic
Mercer County Connection
5:30 pm
January 3, 2012
March 8, 2012
MCBA Trustees Meeting
Avanti
5:30 pm
Lawyers CARE
Mercer County Connection
5:30 pm
January 17, 2012
March 20, 2012
Real Estate Section Trustees Meeting
MCBA
9:00 am
Real Estate Section Trustees Meeting
MCBA
9:00 am
January 18, 2012
Foundation Trustees Meeting
Fox Rothschilds
12:00 p.m.
January 26, 2012
Installation Dinner
The Stone Terrace, Hamilton, NJ
6:00 pm
February
February 2, 2012
December 15, 2011
Family Bench Bar Meeting
Judge Fitzpatrick’s Courtroom
3:30 pm
MCBA Trustees Meeting
The Yardley Inn
5:30 pm
February 16, 2012
Municipal Bench Bar Meeting
Real Estate Section Trustees Meeting Ewing Township Municipal Court
3:30 pm
MCBA
9:00 am
April
April 3, 2012
MCBA Trustees Meeting
Café Mulino
5:30 pm
April 17, 2012
Real Estate Section Luncheon and
2.0 CLE Seminar
“Real Estate and Estates”
Green Acres Country Club
11:30 am to 2:00 pm
April 18, 2012
Municipal Bench Bar Meeting
Ewing Township Municipal Court
3:30 pm
December 20, 2011
December 22, 2011
Women Lawyers Meeting
To Be Announced
12:00 pm to 2:00 pm
December 26, 2011
Christmas Day Observance
MCBA Closed
January
January 2, 2012
New Year’s Day Observance
MCBA Closed
March
March 1, 2012
Real Estate Section Luncheon and
3.0 CLE Seminar
“The Condominium Crisis”
Green Acres Country Club
10:30 am to 2:00 pm
March 6, 2012
MCBA Trustees Meeting
Leonardo’s
5:30 pm
A Publication of the Mercer County Bar Association
Please Note: We accept Visa, MasterCard
and American Express. All event and seminar fees must be paid 10 days prior to the
event in order to qualify for the lowest registration fee. An additional $10 will be charged
on reservations or payments received after
the published registration deadline. Please
be advised our caterers require a head-count
48 hours in advance of an event. We must
pay for a reservation made for you whether
or not you attend. To receive a refund or to
not be charged for your reservation, we must
receive your cancellation in writing at least
48-hours in advance of an event for which
you are registered. You will be charged a
$25 administrative fee for timely reservation
cancellations. Your cooperation in this matter is greatly appreciated. Thank you for
understanding.
Page 22
December 2011
New Members and Members on the Move
Welcome New Members
Lauren Angeles
Central Jersey Legal Services
Mercer Division
198 W, State Street
Trenton, NJ 08608
Joanne Barbrack
IBM Corporation
Old Orchard Road
Armonk, NY 10504
(914) 765-6100
Fax: (609) 497-0242
Michael P. Balint, Esq.
Law Office of Michael P. Balint, PC
650 Whitehead Road
Lawrenceville, NJ 08648
(609) 750-9700
Fax: (609) 695-0677
Tony Chen
10 Douglas Drive
West Windsor, NJ 08550
Philice Cohen
Maselli Warren
600 Alexander Road
Princeton, NJ 08540
(609) 452-8411
Fax: (609) 452-8422
Rachel Friedman
Surety Title Company, LLC
1 East Stow Road
Marlton, NJ 08033
(856) 988-8900
Fax: (856) 702-6921
Alison Greenberg
45 East Curlas Ave
Pennington, NJ 08534
(917) 734-0425
Fax: (609) 716-7401
Seth Josephson, Esq.
196 Princeton-Hightstown Road
Princeton Junction, NJ 08550
(609) 716-7300
Jerome Katz, Esq.
Katz & Dougherty
4020 Quakerbridge Road
Trenton, New Jersey 08619
(609) 587-1199
Eileen P. Kelly, Esq.
F 17 Shirley Lane
Lawrenceville, NJ 08648
Jeffrey A. Krawitz
Stark & Stark
993 Lenox Drive
Lawrenceville, NJ 08648
(609) 896-9060
Fax: (609) 896-0629
John Paul Sade, Esq.
40 1/2 West Lafayette Street
Trenton, NJ 08608
(609) 638-6090
Fax: (609) 298-4332
Jason Shamy, Esq.
The Shamy Law Firm, LLC
1101 Richmond Ave., Suite 201
Point Pleasant Beach, NJ 08742
(732) 202-7206
Fax: (732) 714-6518
Ivette D. Santiago-Green, Esq.
Mercer County Courthouse
175 S. Broad Street
P.O. Box 8068
Trenton, NJ 08650
(609) 571-4804
Fax: (609) 571-4372
Stefanie Lampf
Stark & Stark
P.O. Box 5315
Princeton, NJ 08543
Michael F. Speilberger
Fulgianti & Pessel
214 Carnegie Center, Suite 100
Princeton, NJ 08540
(609) 987-9229
Fax: (609) 987-0740
Kendall S. Murphy, Esq.
309 Market Street
Trenton, NJ 08611
(609) 394-8382
Fax: (609) 989-1314
Joseph Tripoli
1341 Gates Circle
Yardley, PA 19067
(215) 493-8423
Michael Rowland
Law Office of Michael Rowland,
PC
4 Second Ave., Suite 202
Denville, NJ 07834
(973) 627-0648
Fax: (973) 627-7440
Members on the
Move
Jillian Carpenter
Deputy Attorney General
Office of the Attorney General
Financial & Computer Crimes
(609) 203-1217
A Publication of the Mercer County Bar Association
December 2011
A Publication of the Mercer County Bar Association
Page 23
Mercer County Bar Association
1245 Whitehorse Mercerville Road
Suite 420
Mercerville, NJ 08619
Return Service Requested
Foundation’s Rhoads Scholarship Awarded to
Rutgers Law Student Anne E. Hoover
MCBF Vice President Michael Goodman, MCBF President Charles Waldron,
Anne E. Hoover, MCBA Executive Director Chrissy Brennan and
MCBA President Christine Gravelle