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Newsletter Date

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FALL/WINTER- 2013

Inside This Issue … New Members Page 2

ADR Report Page 3

What’s New Page 3

State Bar Report Page 4

Golf Sponsor Page 5

Toy Drive Page 6

Tax Topics Page 8

McGillicuddy Page 10

DCPP Party Page 12

Per Diem/Classified Page 22

Ocean Side Bar

Official Publication of the Ocean County Bar Association

Ocean County Court House P.O. Box 381

Toms River, NJ 08754

Director—Karin Poola (732) 240-3666

President - Laura M. Halm (732) 363-0777

Happy Holidays! What a joyous time of year, a time to be mindful of our blessings and a time to reflect and share our good fortunes with others. Accordingly, the Bar is launching a fund raising and volunteering campaign to benefit the Children’s Specialized Hospital (CSH) in Toms River, New Jersey. For those who do not know CSH is located on Stevens Road and serves as home to approximately 25 children who are multiply handicapped. At present, only one of the children can walk and sadly, none of the children are verbal. In essence, it is a nursing home for children. Additionally, more than one-half are in DCPP custody and many have very limited parental or family support sys-tems. In January, the Bar will begin selling raffle tickets which will be drawn at the 2014 Installation Dinner. We will also be honoring CSH at our 5K Run, and volunteering at the hospital to celebrate special occasions with the children. I hope that you are all as moved as I am about our upcoming project and hope you will all partici-pate in some manner. As an update, our “You’re 18...Now What?” program is underway and we are seeking vol-unteers to present our program at the County high schools in February or March 2014. We are all very excited about all of our up-coming events and welcome any and all par-ticipation. If you are interested please contact me at (732)279-3215. I wish all of you a very healthy and happy Holiday season.

President : Laura M. Halm

First Vice President: Maryanne Calvetto

Second Vice President: Eugenia M. Lynch

Treasurer: Richard M.Sevrin

Secretary: Ronald E. Prusek

Trustees : 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

Jamie L. Schron

Young Lawyer Liaison: Karin Sage

State Bar Trustee: Richard M. Sevrin

Immediate Past President: John G. Ducey

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Rodney J. Alberto with

Alberto Brothers Law Firm

Dominic P. DiYanni with

Davenport & Spiotti

Ralph Gerstein

Beau William Huch Alexandra Diana Nieves-Martinez

Law Clerk

William F. Merlin with

Merlin Law Group

Desmond H. O’Neill with

Chiumento McNally

Kenneth Sylvester with

Cooper Levenson

As of December 31, 2013 the Law Office of William D. Wright will be located at 712 Bay Avenue, Suite 22-a, Manahawkin, NJ 08050. Bill’s practice fo-cuses on Personal Injury, Workers’ Compensation and consumer Protection.

The Women’s Committee held a Christmas Party on December 5, 2013 which was hosted at the lovely home of Clyde Crofoot. Aside from enjoying each other’s company, several items were discussed for proposed activities for the committee. A seminar on Emergency preparedness was discussed. Some of te topics to be presented will be non retention letters, retainers, dealing with unforeseen emergencies and ethical dilemmas that may arise. The next meeting will be held on January 30, 2014 at Leslie Burton Clarks in Brick.

The Workers’ Compensation Committee is work-ing on putting a seminar together to be held toward the beginning of the year; so far the committee hopes to have a medical discussion on shoulder v. arm inju-ries, a representative from SOCRATES relative to Health Carrier Subrogation and a case law update.

The Honorable James D. Clyne was among the re-cipients of the 2013 Professional Lawyer of the Year Awards presented by the New Jersey Commission on Professionalism in Law at its Annual Luncheon held

Hon. Jerome B. Simandle, Pam & James Clyne & Hon. Linda R. Feinberg (ret.)

Photo courtesy of NJSBA/Jim Beckner

on Thursday, October 17, 2013 at the Imperia in Somerset, New Jersey. The Professional Lawyer of the Year Award is presented in cooperation with Bar Associations across the State

In 2004, a pioneering group of family law attorneys, financial and mental health professionals began ex-ploring collaborative law for resolution of separation and divorce issues for the first time right here in Ocean County. They solicited and in December 2005 received Opinion 699 permitting them to form an in-terdisciplinary association, The Jersey Shore Collabo-rative Law Group. The attorneys had a “green light” to offer limited representation upon informed consent to couples who pledged to resolve their dispute out-side of the court system.

Since then hundreds of collaborative practitioners have trained in this holistic model providing legal, financial, and emotional support to families as they transition to separate lives. When children are in-volved, the focus is on preserving a relationship for healthy co-parenting for the future. The couple signs a Participation Agreement requiring full financial dis-closure and an acknowledgment that their respective attorneys will withdraw from representing both par-ties if the either of couple leaves the collaborative process. The full commitment of the parties with their attorneys and the other professionals, all collabora-tively trained, are the foundation for dedicated prob-lem solving without resorting to litigation. The proc-ess as to all participants is confidential by contract.

In July 2013, the New Jersey Law Revision Commis-sion issued a Final Report for the “New Jersey Fam-ily Law Collaborative Law Act.” The Act proposes privilege for all participants to the collaborative proc-ess similar to the Uniform Mediation Act. It further defines the start of the process by the signing of the Participation Agreement and requires full financial disclosure of the parties. You will find a copy of the report at www.njlrc.org under collaborative law.

ANNA-MARIA PITTELLA, Co-Chair ADR Committee

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Richard Sevrin, State Bar Trustee

As all of you know the Mid-Year Meeting of the New Jersey State Bar Association was held, No-vember 9 – 16, 2013, in Rome, Italy. The Bar Asso-ciation participants stayed at the wonderful Westin Excelsior Hotel & Resorts and participated in nu-merous seminars provided by Bar Members and also those seminars in which local Rome, Italy, at-torneys participated. This was a great event. Bar Members had the opportunity many with their fami-lies to visit the great historical sites of Rome, in-cluding the Vatican and the Roman Forum while participating in the voluminous seminars providing ICLE credits to all.

I would stress to all the opportunity that the Bar Members have in joining the New Jersey State Bar Association and participating in these great events including the Mid-Year Meeting.

On behalf of the lawyers in the State the Trustees voted to seek amicus status in two (2) matters. The first matter being Maeker vs. Ross focusing on the enforcement of unwritten palimony claims. The second matter being Garden State Equality vs. Dow, on behalf of the Plaintiff as it did in the earlier Lewis vs. Harris marriage equality case. This con-tinues the position of the State Bar that the civil un-ion statute is a failed experiment in discrimination and violates the New Jersey Constitution.

The Board of Trustees opposed the 10% hike in the annual attorney assessment fee, which would fund the $13,000,000.00 attorney discipline budget. The Trustees believe the hike may not be necessary if the agency reduces its reserves, which are at 18%, and achieves greater efficiencies through attrition. Also, the Trustees noted that the number of attor-neys used in projections should be reviewed.

The Trustees supported several pending items of legislation which included A-2943/S-2077 to au-thorize an executor or administrator to take control of online accounts for deceased persons; S-123 the New Homebuyers Bill of Rights Act; A-4097/S-2786, which revises the procedures for issuance of

an amended birth certificate for a person who has undergone a sex change operation, and A-3835/S-2427 which revises the penalties for certain drunk driving offenses, and includes installation of an in-terlock device and the creation of restricted use driver’s licenses.

The Board voted to oppose certain legislation in-cluding A-1291 to clarify the informed consent pro-vision of the “Access to Medical Research Act” for people with developmental disabilities; A-3678 re-quiring some financial information of corporations be made public; and S-2885 which would establish judicial criteria for determining pretrial detention of people charged with first-degree crimes and creat-ing statutory bail alternatives because it does not address constitutional concerns.

The Trustees supported the selection of the Family Law Section’s Executive Committee as recipients of this year’s Legislative Service Awards for work on domestic violence, alimony and other issues. The award recipients were Brian M. Schwartz, Jeralyn L. Lawrence, Amanda S. Trigg, Timothy F. McGoughran, Stephanie F. Hagan, and Andrea Beth While along with Patrick Judge, Jr. President-Elect Paris P. Eliades will be recognized for working with the group. Three retired jurists were selected to re-ceive the Arthur T. Vanderbilt Award for Excel-lence in Judicial Administration. They are the for-mer Supreme Court Justice Helen E. Hoens, retired Supreme Court Justice John E. Wallace, Jr., and re-tired Superior Court Judge Judge Linda R. Feinberg.

Some months ago, it was requested that I review certain matters with the State Bar Association con-cerning bank activities with respect to real estate closings and the disbursement of funds. I was also requested to ask for an inquiry concerning certain aspects for estates whereby the banks were not hon-oring the obligations of executors to obtain copies of Wills and other documents. These items are be-ing reviewed by the Board of Trustees. There were letters transmitted from the Board of Trustees to the real estate and probate sections and I understand that they are going to comment on the aspects of that which was to be investigated based upon the complaints provided by Members of the Bar to my-self. We expect a result shortly.

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The Ocean County Law Clerks Annual DCPP Holiday Party took place on Decem-ber 11, 2013 at the Courthouse Cafeteria. The generous gift, cash and food donations allowed for an ample supply of all the nec-essary ingredients needed to bring a real holiday treat to the lives of all the children who attended. The parents and children all had a great time and were sent home with plenty of food and goodies for days to come. The Bar Association would like to express our sincere thanks to the following firm and individuals who made donations to benefit the party:

Alan Cornblatt, Hon. Robert Coogan, Bonnie Kass Viola, Robert Kiss, Charles Tive-nan, Jayne Vogler, Benchmark Resolutions, Rothstein, Mandell, Strohm & Halm, Jen-nifer Lombardi, Hon. John Peterson, Gilmore & Monahan, Maryanne Calvetto, Matt & Karin Sage, Anna Maria Pittella, Leyden, Capotorto, Ritacco & Corrigan, Gena Lynch, Vita Mennia, Monika Skurzynski, Uncle DOOD’s Donuts, Hon. James Blaney, Joan Murphy, Rosenberg, Kirby, Cahill, Stankowitz & Richardson, John DeVincens, Hon. Steven Nemeth, Olszak & Olszak, Robert Budesa, Himber & Stork, Starkey, Kelly, Kenneally, Cunningham & Turnbach, Claire Calinda, Hieirng, Dupignac, Stan-zione, Dunn & Beck, Christine Matus, Gluck & Allen, Draper Family, Lynne Dunn, Eli Eytan, Robert Ebberup, Esther Daniel, Pt. Pleasant Patrolman Joe Hines, Chris Heisler, Shearer & Shearer, Bielory & Hennes, Colleen Golin, Ocean County Prosecu-tors Office, Renee White, Stein & Supsie, Galvin Law Firm, William William Wolf & Hon. Mary Catherine Cuff, Villani & DeLuca, Matt Heagan, Jamie Barron, Robert Vacchiano & all those secret Santa's that left gifts at the Bar Association Office. Special thanks to Daniel Belzil, Law Clerk to the Honorable Vincent J. Grasso, who took the time out of his busy schedule to organize the party. Additional thanks to all the Judicial Law Clerks: Peter Draper, Kelly Toner, Christopher Camporeale, Jennifer Chang, Jonathan Pepin, Michelle Murtha, Alyssa Mandara, Anne Marie Callahan, Joshua Fischer, Michael Nagurka, Michael Belostock, Ashley Manto, Samantha Tucker, An-drew Purpuri, Mark Speed, Joseph Nienaber, Kaitlyn Tooker, Kimberly Bennett, Stephanie Wozunk & Chris Martino who helped make this party a success. A more detailed article can be found on page 12 of this issue.

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Daniel Olszak, Esq.

Ah, life gets easier. The IRS recently announced a new program for small businesses and self-employed persons called SB/SE FAST TRACK SETTLEMENT. In its own words, the program is designed to “Reduce the length of a taxpayer’s overall IRS experience.”

Fast track settlement programs have existed for some time within the Large Business and International Division of the IRS. Now, small businesses and self-employeds can use FTS to expedite resolutions with the IRS. Except, (and there are always exceptions), when the matter includes: collections, offers in compromise, trust fund matters or involves a correspondence audit, or when the taxpayer has ignored all communications or when the matter contains issues of litigation, such as “whipsaw” issues.

Offers in compromise, trust fund issues (failure to pay over money withheld from employees) and “whipsaw” issues (where both ex-spouses claim personal exemptions for children) are some of the most common issues many taxpayers face with the IRS. I guess the length of their overall IRS experience will remain pro-longed.

The FTS employs various alternative dispute resolution techniques. However, the mediator is from the IRS Appeals Office. Unlike mediation in Court where the adversaries agree to hire an independent mediator, such as the retired Judge Clyne, the IRS uses an appellate con-feree employed by the IRS. More importantly, ex parte communications between the mediator and other IRS em-ployees, such as an attorney or counsel, is not prohibited.

On the other hand, if issues cannot be resolved in FTS, the taxpayer still can use the appeals process and then file a complaint in either the U.S. Tax Court or the U.S. District Court.

Thus while the FTS program could reduce the “length of the IRS experience”, which usually means less interest imposed on a tax debt, it is another “bite at the apple” to consider. However, with all of the restrictions and lack of confidentiality between the mediator and IRS employees, it may not be the fairest way to go.

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.

On December 4, 2013 Ocean County conducted a Attor-ney Admission Ceremony in Historic Courtroom #1 for all those who passed the Bar.

Welcoming comments were made by Maryanne Calvetto, President Elect, on behalf of President Laura Halm, State Bar Trustee Richard Sevrin and Young Lawyer Liaison Karin Sage.

With the Courtroom filled with family and friends As-signment Judge Vincen J. Grasso administered the New Jersey Oath and Federal Oath the newest members of the Bar: Daniel Belzil, Christopher M. Camporeale, Jen-nifer Chang, Joshua Fischer, Matthew J. Grimes, Jr., Beau W. Huch, Kandyce Korotky, Alyssa Mandara, Ashley Manto, Salvatore Martino, Charles R. Mathis, Michelle Murtha, Jordan Oliff, Jonathan Pepin, Mark Speed, Kelly Toner, Samantha Tucker, Jillian Warzynski and Stephanie Wozunk.

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It is not generally known that our esteemed former Assignment Judge, Eugene D. Serpentelli, Esquire, publishes, on the internet, a blog which is eminently hilarious.

In the belief that plagiarism is the most sincere form of admiration, (and with due respect to Chairman Mao), I hereby present excerpts from, “The Wit and Wisdom of Chairman Gene.”

I remember when, in April, 2007, after listening to a particularly dumb argument, our leader quoted Elbert Hubbard for the proposition: “every man is a damn fool for at least five minutes every day; wisdom consists of not exceeding the limit.” Privately, he was fond of pointing out that “people’s lives can be meas-ured by the size of the things it takes to get their goat.”

He frequently would direct his humor at himself. One of my favorite lines was when he said from the Bench, “I got lost in thought…it was unfamiliar territory.

When a young lawyer lost his train of thought in a crowded court room, to his obvious embarrassment and consternation, Gene leaned forward and said, gently, “Confucius said the greatest glory is not in never fal-ling but in rising up every time we fall.” I appreciated that.

One of the Chairman’s great lines was to note “every day I get up and look through the Forbes list of the richest people in America. If I am not there, I go to work.” On the other hand, he did not tolerate fools in his court room. I remember an old and pompous lawyer, who, in a busy court room, challenged the Court’s interpretation of the law. Without hesitation, the Court responded by citing Albert Einstein’s well-known rule of conduct: “great spirits have always encountered violent opposition from mediocre minds.” Mr. Braun sat down.

Periodically the Judge interjected philosophical concepts into proceedings which became overly con-tentious. I remember when an honest but misguided young lawyer questioned whether the Judge’s ruling met the test of simple horse sense. The Court responded: “horse sense keeps horses from betting on people.” The laughter which followed defused what could have been a nasty situation.

None of us can forget his quick comments which reduced hostility when it came up between lawyers in his court room. Who can forget:

“Ninety-nine percent of lawyers give the rest a bad name.”

“He who laughs last, thinks slowest.”

“Monday is an awful way to spend one-seventh of your week.”

“I remember when you had an open mind but that was before your brains started falling out.”

To a particularly pugnacious litigant who had, while on the stand, severely

castigated his soon to be ex-wife, he noted, to the delight of the audience, “If it weren’t for marriage, women would have to spend most of their adult lives arguing with complete strangers.”

No one who was present can forget the Judge’s observation: “Make love, not war. If you want to do both, get married!”

Along that line he was known to periodically point out that every wife has a contract to give lectures-its called a marriage license.

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In chambers, Judge Serpentelli was fond of mentioning memorable lines from some of his trials. I re-member when he told us about the couple who, on their silver wedding anniversary, asked him to remarry them. As he told the story, the wife turned to the husband and said: “Darling, will you still love me when my hair turns grey.” Her husband replied: “Why not? I stuck with you through the other six shades.”

Several of us were in his chambers when he expressed the following positive thought: “For man, as for flower and beast and bird, the supreme triumph is to be most vividly, most perfectly alive.” Many of us recall his quoting Robert Frost’s maxim: “If we couldn’t laugh, we would all go insane.” Maintaining sanity in the matrimonial court room was a goal for Judge Serpentelli. He frequently achieved that goal.

Frequently Judge Serpentelli referred to the importance of character in all human relationships. From time to time, he would express what he called the foundation of the practice of law: “Live every day as if you were going before a character and fitness committee tomorrow.”

Judge Serpentelli used his bully pulpit to exemplify and to teach the importance of good character in general and, especially, as applied to attorneys.

Respectfully submitted,

ALAN J. CORNBLATT

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Guy P. Ryan Certified by the Supreme Court of New Jersey as a Civil Trial Attorney

is pleased to announce the formation of

Law Offices of Guy P. Ryan, LLC 248-R Washington Street

Toms River, New Jersey 08753

Telephone (732) 341-7300

Facsimile (732) 341-7600

www.guyryanlaw.com

gryan@guyryanlaw.com

January 1, 2014

By Daniel Belzil, Law Clerk to the Honorable Vincent Grasso

On Wednesday, December 11, the law clerks to Ocean County’s judges, in conjunc-tion with the Ocean County Bar Association, held their annual holiday party for less fortunate children and their foster parents. The courthouse cafeteria was festooned for the occasion with ribbons and bows, garlands, and every other holiday decoration imaginable. With holiday music playing in the background, the children made orna-ments, colored, and decorated cookies.

Thanks to the generosity of local families and members of the Ocean County bar, they ate to their heart’s content. As the firm does every year, Gilmore & Monahan, P.A. donated pizza. Uncle DOOD’s, a downtown Toms River startup business, provided freshly made artisanal doughnuts for the occasion. Meanwhile, judiciary employees and their families provided cookies, cupcakes, entire trays full of sandwiches, and every other kind of food imaginable. Hot chocolate, donated by the Cafeteria, completed the experience.

Almost.

The big moment came when Santa burst onto the scene. The children were ecstatic. Each child got to sit on Santa’s lap to have their picture taken while Mrs. Clause, Samantha Tucker, Law Clerk to Judge Marquis Jones, and Santa’s “elves” handed out presents. Santa, who sometimes goes by Michael “Silky” Silkowitz, brought smiles to every face in the room.

And thanks to the overwhelming donations of judges, local businesses, mem-bers of the bar, judiciary employees, and the Draper and Murtha families, every

child went home with an armful of toys. The Ocean County Office of the Prosecutor carried the day by organizing the donation efforts and delivering a record amount presents for the occasion.

After the children unwrapped their presents came the magician, Ken Northridge. He enthralled his audi-ence with his rabbit and dove friends.

All in all, the children enjoyed an unforgettable experience. Special thanks goes to Karin Poola and the Ocean County Bar Association for making the party such a success. The law clerks would like to thank everyone whose astounding generosity towards the less fortunate members of the community made the party possible. Until next year! Happy Holidays!

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We are Ocean County Lawyers since 1970. Our attorneys have been members, offi-cers and supporters of the Ocean County Bar Association for forty years.

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FOR MORE INFORMATION PLEASE

VISIT OUR WEBSITE

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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

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

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) $2.7 M (2010)

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BRONZINO, PETER J. (732) 202-7104, 44 Princeton Ave. Brick NJ 08724. Available for research, briefs and court appearances. Also ac-cepting 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, deposi-tions, 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, per-sonal injury or social security disability matters. Briefs, research, depositions and motions. IZZO, GINA-MARIE - (908) 415-9131, 30 Lin-den 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. Assis-tance to you and your clients in complicated IRS cases, audits, collections, criminal matters. For-merly, District Counsel IRS. PURRAZZELLA, JOSEPH - (732) 341-2222. Specializing in Social Security Disability Ap-peals. Member of the National Organization Claimant’s Representatives (NOSSCR). Accept-ing 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; Fam-ily Law; Civil Litigation.

2 or 3 room office suite for rent in the His-toric Giberson House, 54 E. Water Street, Toms River. Includes use of conference room, reception area, copy machine, fax ma-chine, telephone answering, all utilities, on-site parking and beautiful view of the Toms River. 1 block from Ocean County Court-house, 1/2 block from Toms River Township Municipal Building and 4 blocks from Gar-den State Parkway. (And 1 block from Baker Street Pub!) Available immediately. 3 room Suite - $1,700/mo. 2 Room Suite - $750.00/mo. Call Steve at 732-240-3900 or just stop in at #54.

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