Inside This Issue … Ocean Side Bar
Transcription
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 2 Ocean Side2Bar Inside Official Publication of the 2 Inside Ocean County Bar Association Ocean County Court3House Inside P.O. Box 381 4 Inside Toms River, NJ 08754 5 Inside Director—Karin Poola 6 (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. 2 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. 3 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. 4 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 5 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”. 6 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. 7 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. 8 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… 9 Till Next Time ... 9 ! 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 10 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 11 12 13 14 FOR MORE INFORMATION PLEASE VISIT OUR WEBSITE 15 See More Photos page 17 16 12 17 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: jjclex@comcast.net www.currylawfirm.net 18 12 $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 kelleyjesq@comcast.net 19