Inside This Issue … Ocean Side Bar

Newsletter Date
WINTER ISSUE - 2012/2013
Inside This Issue …
Ducey's Dispatch
New Members
Page 2
What’s New
Page 2
Family Law Report
Page 3
Tax Topics
Page 3
Tax Topics
Page 4
State Bar Report
Page 4
Book Review
Page 6
McGillicuddy
Page 8
We have a Civil Practice Seminar on March 21 at 3:30 which takes
place at the Holiday Inn on Route 37. Expert Witnesses, Mediation, PIP Arbitrations and Hot Topics are on tap so come and get some of your credits out of
the way locally.
Matter of Taste
Page 9
State Bar Report
Page 10
Holiday Photos
Page 16
The State of the Judiciary Address will be given by our Assignment
Judge Vincent Grasso on March 27th at 6:30 and taking place at Aqua Blu on
Route 37. We will be hearing some exciting details including the law library
improvements. I would like to thank Eli Eytan and Alan Cornblatt for stepping
up and helping in those improvements.
Holiday Photos
Page 17
Per Diem/Cassified
Page 19
Wow…… My term as President is already half way over. Of course it
, III interrupted by Super Storm Sandy and the associated aftermath
was rudely
which is still ongoing all over Ocean County. It is unbelievable how fast the
time goes.
Some great events that are coming up include the First (and probably
last) Ocean County Bar Association Bowling Tournament. This will be held on
Friday March 15th from 7:00 to 9:00 at the Playdrome on Route 37 in Toms
Caption
describing
River. The idea of the outing is to get everyone’s friends and families
together
picture
or
graphic.
in a less formal, fun atmosphere. Even the meetings and some Happy Hours
can be a little stuffy at times rather than a Bring Your Own Event on the lanes.
st
Hopefully we will have some other fun, social events in the coming
months including a mini golf tournament. We were originally going to have an
early December Winter Mini Golf Tournament but like so much else it had to
be cancelled because the barrier island was closed.
Lastly we will soon be choosing the members for next year’s committees. We ask that everyone please respond to the request for committees even if
you have been on a committee for 10 years. This is being done so we know
who still has an interest in being active and who is just using it as a resume
builder. We are also going to be starting an immigration committee so please
spread the word.
As always if you have any ideas on how to make our Association better
please contact me at 732-458-5600.
John G. Ducey, Esq.
Inside
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Ocean Side2Bar
Inside
Official Publication of the
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Inside
Ocean
County Bar Association
Ocean
County Court3House
Inside
P.O. Box 381
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Inside
Toms River, NJ 08754
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Inside
Director—Karin
Poola
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(732) 240-3666
Inside
President - John G. Ducey
(732) 286-2170
President :
John G. Ducey
First Vice President:
Laura M. Halm
Second Vice President:
Maryanne Calvetto
Treasurer:
Eugenia M. Lynch
Secretary:
Richard M. Sevrin
Trustees :
Ronald E. Prusek
Terrance L. Turnbach
Daniel D. Olszak, Jr.
Lynne A. Dunn
Renee T. White
Stacie Brustman
Marianna Pontoriero
Matthew Sage
Christine L. Matus
Adam J. Steuerman
Young Lawyer Liaison:
Jamie L. Schron
State Bar Trustee:
Richard M. Sevrin
Immediate Past President:
Arthur F. Leyden, III
Carluccio, Leone, Dimon,Doyle & Sacks is
pleased to announce the continued growth of
their firm with the promotion of Annemarie
Schreiber and Jonathan Z. Petro to partners.
The promotion of these two attorneys is credited
to their demonstrated professional excellence,
their dedicated service to clients and the firm and
their active involvement in the community.
Alan J. Cornblatt was among the recipients of
the 2012 Professional Lawyer of the Year
Awards presented by the New Jersey Commission on Professionalism in Law at its Annual
Luncheon held on Wednesday, January 16, 2013
at the Pines Manor in Edison. The Professional
Lawyer of the Year Award is presented in cooperation with Bar Associations across the State to
lawyers whose character, competence and commitment to the highest professional standards
mark them as outstanding members of the Bar.
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Donald Burke, Esq.
Patrick Cimino, Esq.
with
Gilmore & Monahan
Melanie S. Drozjock, Esq.
Victoria Emanuele, Esq.
with
Bathgate, Wegener & Wolf
Sarah Foy, Esq.
with
Law Offices of Robert A. Ebberup
Steven P. Gouin, Esq.
with
Giordano, Halleran & Ciesla
Edward M. Hughes, Esq.
Adam Picinich, Esq.
with
Bathgate, Wegener & Wolf
Miriam Wolfe, Esq.
with
Olszak & Olszak
Photo by. NJSBA/Jim Beckner L to R: United States District
Court Chief Judge Jerome B. Simandle, Barbara Baggett, Alan
Cornblatt and NJ Supreme Court Chief Justice Stuart Rabner
The New Law
ESTATE PLANNING AFTER THE
AMERICAN TAX REELIEF ACT OF 2012
The recently enabled American Tax Relief Act of
2012 (ATRA) has dramatically altered the need for
federal estate tax planning for most people. However, it did not eliminate the need for you to have a
good estate plan.
After more than a decade of federal estate tax uncertainty, ATRA effectively eliminates worries that
most Americans have about federal estate and gift
taxes. While earlier revisions to these laws in
2001and 2010 were temporary, the new law makes
those changes permanent. (Well, as permanent as
anything Congress does).
See Tax Topics page 4
Do you still need to do estate planning? Consider
the following issues:
1. Does your spouse, child or other beneficiary
have any special needs which would require
the estate planning? For example, does your
spouse have a medical condition which requires someone else to manage his/her assets? Does your child have a development
disability, addiction, poor marriage or another condition which requires planning? Do
you want to cut some one out of your will?
2. Have you or your spouse been previously
married? Are there stepchildren from prior
marriages?
3. Do you have grandchildren or great grandchildren who require a trust to manage
money until they are mature enough to manage on their own?
Thanks to all those who participated – speakers,
Judges and attendees - in the Family Law Committee’s seminar held on January 31 st entitled Superstorm Sandy – Its Impact on our Family Law Cases.
I think we have all realized by now that although
Sandy blew through here in 2 days the fallout from
the storm will be felt by many people in both the
short term and long term, personally, emotionally
and financially. Whether that impact is the loss of a
home, loss of a job, loss of family photos and household contents, a need to move, the cost of rebuilding,
the cost of flood insurance, the cost of raising a
house etc., we are all in for a long haul.
4. Do you own real property in more than one
state?
Welcome to our new Family Division Manager – Joe Sclama. We all look forward to working
with you. Welcome to OCN.
5. Is your estate subject to the NJ Transfer
Taxes? New Jersey imposes an Inheritance
Tax on bequests to siblings, nieces and nephews, cousins and friends. The New Jersey
Estate Tax is imposed upon bequests to children, grandchildren if the estate is above
$675,000.00.
By the time this is published we will have
had our Family Law Committee & Staff Members’
Annual Reception at Aqua Blu. Thanks to the committee who dedicates so much time to planning this
event each Spring.
6. Do you own a business? Are some or all of
your beneficiaries involved in the business?
What are your objectives regarding the business after you pass away?
7. Do you want to make charitable contributions?
Despite a flurry of recent judicial appointments none have been made in OCN. So, please be
patient and, if at all possible, settle your cases as
hearing and trial dates will be harder to come by as
the FM judges’ calendar loads have increased.
Jill L. Thiemann, Esq.
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Under the new law, the amount which is exempt
from federal estate, gift and generation shipping
transfer taxes is $5,120,000 for 2012. This amount
will adjust upward for inflation from time to time.
For 2013, the annual exclusion for federal gift taxes
is $14,000.00. (Note: the Medicaid gift tax exclusion for Medicaid penalties is zero!)
Also, ATRA provides that the “portability” of the
exemption amount is permanent. Portability means
that a surviving spouse can use that portion of the
first spouse to die’s unused exemption amount. For
example, husband’s estate is worth $3,000,000.00.
His estate distributes their entire amount to this surviving spouse. The surviving spouse will have an
exempt amount of $10,240,000.00 ($5,120,000.00 of
her own and the $5,120,000.00 of her husband.) If
the husband had made gifts of $3,000,000.00 to children, the surviving spouse exempt amount would be
$7,240,000.00 ($5,120,000.00 plus $2,120,000.00).
To assure the availability of portability at the second
death, Form 706 must be filed for the estate of the
first spouse to die.
The consequences of the increase in the exempt
amount and portability can be summarized as follows:
For individuals with estate in excess of
$5,120,000.00 and for couples with estates over
$10,240,000.00, there is a federal transfer tax of 40%
for taxable estates over the exempt amount.
For individuals and couples with estates below these
amounts, the need to be concerned with federal
transfer taxes will depend on how close the estates
are to the exempt amount. The age of the tax payer
becomes important because the younger person with
a longer life expectancy has a better chance for the
estate to grow beyond the exempt amount. Older
individuals may never have a taxable estate.
Anyone who does not meet the above criteria, no
longer has to worry about federal transfer taxes.
However, the non-tax concerns and NJ Transfer Tax
issues still require estate planning for everyone else.
Dan Olszak has been practicing tax law since 1974. He has
been the Chair of the OCBA Tax Section since its inception in
1983. Dan is also a Certified Elder Law Attorney.
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As Trustee for Ocean County State Bar Association, I wish to emphasize the programs that are
upcoming.
Firstly, from March 20-24th, 2013 the Family Law Section of the State Bar Association will
have its annual Retreat at the Radison Hotel in St.
Martin, Netherland, Antilles. I cannot impress upon
you the importance to take part in the State Bar Association activities. This is a great opportunity for
family lawyers and lawyers who desire to obtain
credits in family law to attend a Retreat in one of the
finest venues in the World. Personally I have been
vacationing in St. Martin for 25 years. It is a great
Island and a great venue for our Retreat and there
cannot be a better opportunity to obtain ICLE credits
and take a break from the Winter. There are still
rooms and available flights to go to St. Martin to attend what is a great opportunity. We hope that many
of you decide, even at the last minute, to attend.
On May 20, 2013 the New Jersey State Bar
Association annual meeting will be held at the Revel
in Atlantic City. There are still rooms available.
There will be three (3) days of ICLE programs
which allow attorneys to gain credits in a short period of time with programs with well known speakers. This is a great opportunity to network with your
colleagues and at the same time, gain the advantage
of being a short distance to a venue which is impressive.
On November 9, 2013, the New Jersey State
Bar Association will have its mid-year meeting in
Rome, Italy at the Excelsior Hotel. This is another
opportunity for lawyers throughout the State and
those who seek to have the opportunity to gain ICLE
credit while touring one of the most beautiful cities
with great history in the World. This again, is a fantastic venue for a Bar Association event. The opportunity and all of these events to network with fellow
attorneys, to meet lawyers that you have not met before and to gain the opportunity of a “vacation”
while earning ICLE credits is invaluable.
See State Bar Report page 10
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Billy Phelan’s Greatest Game - by William Kennedy
This book is the second installment of the Albany trilogy of books written by Pulitzer Prize
winner William Kennedy. This middle book, between Legs and Ironweed (the great movie with
Meryl Streep and Jack Nicholson, especially the song – My Pal) concerns the adventures of Billy
Phelan, a small time hustler (of any game – but preferably pool) and bookie in depression era Albany,
New York.
Billy, in the opening chapter, endeavors to “bowl” someone to death. Here is a rough, street
smart, plucky Irish guy who unwittingly gets involved in the kidnapping and ransom of a gangster’s
kid. The opening scene, a bowling gamble with each roller backed by an underworld hood with
money, sets the tone of this funny and witty read. This book is about Billy’s incredible survival skills
in the seedy underground of depression era Albany.
Kennedy’s writing style focuses on Billy’s fall from grace in the underworld of gambling and
ultimate redemption. It is a reflection of the moral compass we all have and which persists despite our
environment. Kennedy, a master story teller, shares his intimate knowledge of Albany, stuck in and
surrounded by utter depression, both literal and figurative. It describes the inhabitants as individuals
living in denial of their reality. People who carry on by ignoring the essence of their existence and
living in a dream like alternate reality.
Billy, the man about town, the sharp dresser, always ready and willing to bet on any game
(when he has money or access to same), having barely enough skills to survive, attacks life head on –
in his own, “my way” style. With his quick wit, Irish Catholic charm and innate sense of right and
wrong, Billy is able to survive the game of life. He is fun to hang around with for a few days, listen to
and learn from – all-in-all a very good fictional character.
Kennedy explores a number of interpersonal relationships: father/son (relating to the Jack
Nicholson character in Ironweed), romantic, and the deep friendship between Billy and his coprotagonist, Journalist and Newspaper man Martin Daugherty with sharp dialog and witty comedy.
The book covers a short period of a few days in October of 1938 during which time Billy must
use his street smarts to resolve the kidnapping issue. Funny and at times sad, Billy’s adventure
through Albany is a good, easy read. Everyone has an opinion, mine is that this is the best of the three
books – but I really loved the movie, Ironweed.
Until next time remember - as Billy so clearly points out – “a sucker don’t get even till he gets
to Heaven”.
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1. We are Ocean County Lawyers since 1970. Our attorneys have been members, officers and supporters of the Ocean County Bar Association for forty years.
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Thank you for your incisive question. “What”, you ask was the purpose of the private “Heavenly Clockwork"
designed by Su Song, about 1078, for the Son of Heaven?”
Thanks to Daniel J. Boorstin, the Librarian of Congress Emeritus, we now know that the importance of Su
Song’s clock, at that time, cannot be over-emphasized.
Everyone knows that in the China of 1078 the ages of individuals and their astrological destinies were calculated, not from the hour of birth, but from the hour of conception.
Dr. Boorstin’s book, “The Discoverers” , informs us that when Su Song constructed his imperial clock, the
Emperor had, as attendants, a large of number of wives and concubines of various ranks. These women totaled
121 in numbers (one-third of 365 to the nearest round number), including one Empress, three consorts, nine
spouses, twenty-seven concubines and eighty-one assistant concubines. There rotation of duty as described in
the Record of the Rights of the Chou Dynasty, was as follows:
The lower-ranking (women) came first, the higher-ranking came last. The assistant concubines,
eighty-one in number, share the imperial couch nine nights in groups of nine. The concubines,
twenty-seven in number, were allotted three nights in groups of nine. The nine spouses and
three consorts were allotted one night to each group, and the Empress also alone one night. On
the fifteenth day of every month the sequence is complete, after which it completes in reverse
order.
By this arrangement, the women of highest rank would lie with the Emperor on the nights nearest to thefull
moon, when the Yin, or female influence would be most potent and so best be able to match the potent Yang,
or male, force of the Son of Heaven. So timely a combination, it was believed, would assure the strongest virtues in the children then conceived. The main function of the women of lower ranks was to nourish the Emperor’s yang with their yin.
A corps of secretarial ladies kept the records of the Emperor’s cohabitation with their brushes dipped in imperial vermilion. The proper order of these proceedings in the imperial bedchamber was believe essential to the
larger order and well-being of the empire.
The need for an accurate calendrical clock to show the position of the heavenly bodies at each moment of the
day or night was then obvious, to insure the best-qualified succession of Emperors. The ruling houses of
China did not follow the rule of primogeniture. In theory, only the sons of the Empress could become Emperor, but this usually left the Emperor with a number of young princes from whom to choose his heir. A prudent Emperor was bound to give close attention to the astrological omens at the precise moment when each
prince was conceived. To record these facts accurately was the duty of the secretarial ladies with their vermilion brushes. The astronomical observations and mechanical calculations of Su Song’s Heavenly Clockwork
provided the data for these records and prognostications and so were of great political significance.
By tradition every member of the Ocean County Bar Association, is given, at the time of his, or her, investiture, a copy of the secret blueprints for the building of Su Song’s Heavenly Clockwork.
I trust that this is the information which you require.
Very truly yours,
ALAN J. CORNBLATT, ESQ.
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You may have learned by now that the Ryland Inn in
Whitehouse Station has reopened. It used to be the best restaurant in New Jersey – or a close second if you were partial to
Restaurant Nicholas in Middletown – and it’s chef, Craig Shelton, was an innovative artiste, whose presentations sometimes
outclassed his flavors, but never failed to evoke awe and delight. The Inn closed in 2007, with flood and fire damage, and
finally reopened without fanfare in September of last year, with new owners and a new chef, Anthony Bucco.
The bad news is that Craig Shelton seems to have disappeared, as great chefs sometimes do, after short
stints with an Italian place in New Jersey, and a diner in Somerset. Hopefully, his apparent burn out is temporary, and he will rise from ashes to thrill us with a new venture.
In the meantime, visit the Ryland Inn. It is a pleasant 80 minute drive, and the restaurant is more pastoral and welcoming then ever. Chef Bucco can really cook. We recently had a game dinner there, and the
applewood smoked squab, “hare and rabbit,” and elk tenderloin were spectacular. Chef’s food is not as fussy
or artsy as Shelton’s, yet it is impeccably fresh, beautifully presented, and occasionally thrilling. Go, before
the crowds do.
Closer to the romantic artistry of Craig Shelton is the food at LaCroix, in the Rittenhouse Hotel, in
Philadelphia. This is modern French cuisine at it’s absolute finest. Have the eight course tasting menu for
$120, and be prepared for one great small plate after another: langoustines, duck, escargot, sweetbreads, short
rib, chocolate and passion fruit, on and on. The platings are as delicious and as gorgeous as I’ve ever seen;
you will be sending phone photos to your foodie friends.
One sour note: due to Pennsylvania’s horribly antiquated state store system, the wine list is overpriced
and filled with unfamiliar names. Tell Jeffrey, the wine director, how much you want to spend, and leave the
choice to him. He is honest and kind, and he wants you back. But you are there for the food, and that is why
you are sure to return. If the sweetbreads are not on the tasting menu when you are there, ask them to be included. They are extraordinary. My snobby New York foodie friends called them a “100 point” revelation.
Finally, if you are a fan of szechuan food – the tongue tingling cuisine of that province in China – stay
over in Philly (I recommend the Omni Hotel at 4th and Chestnut: clean, comfortable, and a bargain), and after
a morning walk through the Reading Terminal Market, have lunch at Han Dynasty at 108 Chestnut Street. The
chefs are Mandarin speaking experts from the Szechuan Province, and the food is better and more authentic
than at any restaurant in New York. Dishes are well-described and heat-rated. Don’t miss the DanDan noodles, thinly sliced pork belly with chili oil, snow pea shoots with garlic and, if you can handle the heat, the tea
smoked duck with mushrooms and peppers. Stick with beer, unless you want to bring with you a great German Auslese Riesling which is one of very few wines that can stand up to the heat and power of this cuisine.
Worth a trip.
Spring is right around the corner, and it can’t come soon enough…
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Till Next Time ...
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!
55 North Bridge Avenue Second Floor Office Suite for rent
On another note, there are positions available
for the Executive Board of the State Bar Association
based upon vacancies created by judicial appointment. Based upon the circumstances, anyone seeking to run for any openings on the Executive Board
including second Vice President and Secretary may
do so by contacting the State Bar Association office
or the website and obtaining the appropriate petition
forms.
As Ocean County Trustee of the Bar Association, I ask anyone who is desirous of having an
issue brought before the State Bar Board of Trustees,
contact me through phone or email. I will discuss
and present any issue that is important to the Ocean
County Bar through the Trustees presumably those
issues which affect Ocean County and our practice
and will be relevant to attorneys throughout the
State. I cannot impress upon you the importance of
membership in the New Jersey State Bar Association. This is our voice with the legislative bodies
and our voice to the general public. This is our ability to deal with issues brought about by the Supreme
Court in managing our practice especially with reference to Court Rules. The Bar activities directly affect the ability of lawyers to have a say in the management of our practices and to deal with issues of
significant importance to all of us.
I request that all attorneys and those who are
members of the Ocean County Bar Association, take
a minute to contact the Bar Association and become
a member of the New Jersey State Bar Association
as well as the Ocean County Bar Association.
Richard M. Sevrin, State Bar Trustee
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Private office with adjoining furnished secretarial area located
in a completely and tastefully renovated early 1900 building.
The office is approximately 12 feet x 12 1/2 feet. The secretarial area, approximately 110 square feet, features a custom built
workstation and a combo lateral filing cabinet. Occupancy includes a common reception area with full time receptionist,
kitchen, and use of a large conference room that seats 6-8 people or a smaller conference room that seats 2-4 people. The
large conference room features a flat screen monitor for computer presentations. Conference rooms are available upon
scheduling. Office is wired for either Verizon Fios or Comcast.
Utilities are included. Some limited on site parking and street
parking is available. Total rent is $975 per month.
Contact owner: Anna-Maria Pittella, Esq. 732-842-6939
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FOR MORE
INFORMATION PLEASE
VISIT OUR WEBSITE
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See More Photos page 17
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JAMES J. CURRY, JR., LL.M.
Certified by Supreme Court of New Jersey
As a Certified Civil Trial Attorney
Member New Jersey and New York Bars
Referral Fees Paid
Personal Injury Litigation
Medical Malpractice



Ocean County Based Law Firm - Not a Branch Office
Nurse Paralegal on Staff
Certified in Elder Law, NYU, 2001
RECENT VERDICTS & SETTLEMENTS




Bus/Travel Accident
Driver has Seven Operations (Cash)
Medical Malpractice:
Surgical Mishap (Cash)
New York State Supreme Court
Motor Vehicle Accident - Two Week Trial
Cerebral Injury/Diving Injury at Resident
During Bible Study/Pool Party
Gross Negligence vs. Charity
(Structured Settlement)
$2.7 M (2010)
JAMES J. CURRY, JR., ESQ.
505 Main Street
PO Box 1225
Toms River, NJ 08753
(732) 240-4200
E-Mail: [email protected]
www.currylawfirm.net
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$2.2 M (2009)
$737,500
$9 M
PER DIEM ATTORNEYS & CLASSIFIED
BRONZINO, PETER J. (732) 202-7104, 44
Princeton Ave. Brick NJ 08724. Available for
research, briefs and court appearances. Also accepting overflow referrals. Former law clerk to
the Honorable Thomas E. O'Brien, P.J.Cv.
GERSTENBLATT, JEFFREY H., - 545 E.
Kennedy Blvd., Suite 17B, Lakewood, NJ 08701,
(732) 901-4793. All court appearances including
family, civil, criminal, chancery, special civil part
and municipal court. Briefs, research, depositions, motions.
GUAGE, SANDRA M. - (732) 547-9660 34
Crescent Pkwy., Red Bank, NJ 07701. Former
house counsel for Plymouth Rock. Available for
all appearances in Workers’ Compensation, personal injury or social security disability matters.
Briefs, research, depositions and motions.
IZZO, GINA-MARIE - (908) 415-9131, 30 Linden Place, Red Bank, NJ 07701. Available to
criminal, family and municipal court appearance
and motions. Former Brooklyn Assistant District
Attorney. Accepting referrals.
KELLY, THOMAS F. - (732) 946-9000. Assistance to you and your clients in complicated IRS
cases, audits, collections, criminal matters. Formerly, District Counsel IRS.
PURRAZZELLA, JOSEPH - (732) 341-2222.
Specializing in Social Security Disability Appeals. Member of the National Organization
Claimant’s Representatives (NOSSCR). Accepting referrals.
RYBAR, AGNES - (732)966-2836. Specializing
in Family Law. Available for research, motions,
briefs, court appearance and vacation coverage.
Accepting referrals.
SIMMONS, DANIEL - 121 Washington Street,
Toms River, NJ (732) 349-0401. General Law;
specialty in Municipal Court appeals and briefs.
WIEDEKE, FREDERICK, JR. - 769 Route #9,
Bayville, NJ (732) 269-3377. Research, Briefs,
Motions and all types of Court appearances; Family Law; Civil Litigation.
OFFICE SPACE FOR SHARE/SALE
Office Space - 44 Princeton Avenue, Brick
has office space available. Excellent location. Reasonable and flexible leases. Congenial co-tenants.
Conference rooms and
kitchen facilities. Call A. Cornblatt, 732-8409595.
Office Building For Sale - Leslie BurtonClark is interested in selling her office building located at 121 Chambers Bridge Road in
Bricktown, New Jersey. 2-story with all approvals. Built in 1995. Move in condition.
Central ac. New heating system. Low taxes
and utilities. 1500+ square feet for commercial rentals. Large dry basement for file storage. Hardwood floors. Front and rear parking.
Entry ramp for handicap access. Anyone interested please call Leslie at 732-920-5760.
NEED HELP?
Do you have a scheduling conflict or longstanding
vacation plans you can’t cancel?
I can help you by covering court appearances
and depositions.
Do you need to file or oppose a brief?
I can help you by doing the legal research and
writing in any area of law – personal injury,
insurance defense, consumer fraud, estate
litigation, prerogative writs, family law –
at any level – trial or appellate.
Kelley Johnson, Esq., LLC
(732) 267-2112
[email protected]
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