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Inside 2 Inside 2 Inside 3 Inside 4 Inside 5 Inside 6 Newsletter Date Office Opens Near You. Caption describing picture or graphic. PRESIDENT’S MESSAGE I hope all of you are enjoying a wonder Fall! The Bar Association has many activities and programs lined up for its members. We just completed our first OCCLE program in October with Edward Eastman, Esquire speaking on Tidelands issues. We had a great turnout and the material was terrific. Thanks Ed! We also had our State Bar night on October 20, 2010 where Richard Steen, President of the New Jersey State Bar Association spoke to our audience. He was able to let us know what is going on at the state level including an update on JPAC, the compact between the New Jersey State Bar Association and the Governor’s office for Prosecutorial and Judicial appointments. Jay Turnbach, head of the Family Part Committee chaired a presentation in November on Family Practice involving Ethics and Legal fees applications before the Court The program was followed by a Networking Seminar sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! On Tuesday, November 16, 2010, our Young Lawyers section initiated a new lunch program with the Judges. The first program featured Judge Grasso speaking on Courthouse Operations. It was held in the multi-purpose room at 12:30. A schedule of other monthly topics will be sent individually to each mem- ber. We have legal education programs that are being scheduled for Decem- ber, 2010, January, 2011 and February, 2011 on various topics that include Bankruptcy, Landlord-Tenant matters and Special Civil Part practice. We will be advertising and posting information about those programs shortly. Please view the website for details and registration. As always, we strive to bring you the best programs possible at local lo- cations with terrific speakers at affordable registration costs. Any ideas or sug- gestions you have are welcome. Feel free to e-mail me at [email protected] at any time for comments We will be scheduling a Holiday Party on Friday, December 17, 2010 . Karin will keep you posed and check the website for details. Enjoy the upcoming holidays. JEFFREY W. McWEENEY HOLIDAY ISSUE - 2010 Inside This Issue … New Members Page 2 Notice To Members Page 3 McGillicuddy Page 4 McGillicuddy Page 5 A Matter of Taste Page 6 What’s New Page 8 Tax Topics Page 8 Kasselman Page 9 Admission Ceremony Page 9 Article Page 10 State Bar Report Page 11 Book Review Page 12 Ad Nauseam Page 13 LADACIN Page 14 Per Dien/Classifieds Page 21 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 - Jeffrey McWeeney (732) 920-8383
Transcript
Page 1: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

Inside 2

Inside 2

Inside 2

Inside 3

Inside 4

Inside 5

Inside 6

Newsletter Date

This story can fit 75-125 words.

Your headline is an im-portant part of the news-letter and should be con-sidered carefully.

In a few words, it should accurately represent the

contents of the story and draw readers into the story. Develop the head-line before you write the story. This way, the head-line will help you keep the story focused.

Examples of possible headlines include Prod-

uct Wins Industry Award, New Product Can Save You Time!, Membership Drive Ex-ceeds Goals, and New Office Opens Near You.

Caption describing picture or graphic.

PRESIDENT’S MESSAGE

I hope all of you are enjoying a wonder Fall! The Bar Association has many activities and programs lined up for its members. We just completed our first OCCLE program in October with Edward Eastman, Esquire speaking on Tidelands issues. We had a great turnout and the material was terrific. Thanks Ed!

We also had our State Bar night on October 20, 2010 where Richard Steen, President of the New Jersey State Bar Association spoke to our audience. He was able to let us know what is going on at the state level including an update on JPAC, the compact between the New Jersey State Bar Association and the Governor’s office for Prosecutorial and Judicial appointments.

Jay Turnbach, head of the Family Part Committee chaired a presentation in November on Family Practice involving Ethics and Legal fees applications before the Court The program was followed by a Networking Seminar sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance!

On Tuesday, November 16, 2010, our Young Lawyers section initiated a new lunch program with the Judges. The first program featured Judge Grasso speaking on Courthouse Operations. It was held in the multi-purpose room at 12:30. A schedule of other monthly topics will be sent individually to each mem-ber.

We have legal education programs that are being scheduled for Decem-ber, 2010, January, 2011 and February, 2011 on various topics that include Bankruptcy, Landlord-Tenant matters and Special Civil Part practice. We will be advertising and posting information about those programs shortly. Please view the website for details and registration.

As always, we strive to bring you the best programs possible at local lo-cations with terrific speakers at affordable registration costs. Any ideas or sug-gestions you have are welcome. Feel free to e-mail me at [email protected] at any time for comments

We will be scheduling a Holiday Party on Friday, December 17, 2010 . Karin will keep you posed and check the website for details.

Enjoy the upcoming holidays.

JEFFREY W. McWEENEY

HOLIDAY ISSUE - 2010

Inside This Issue … New Members Page 2

Notice To Members Page 3

McGillicuddy Page 4

McGillicuddy Page 5

A Matter of Taste Page 6

What’s New Page 8

Tax Topics Page 8

Kasselman Page 9

Admission Ceremony Page 9

Article Page 10

State Bar Report Page 11

Book Review Page 12

Ad Nauseam Page 13

LADACIN Page 14

Per Dien/Classifieds Page 21

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 - Jeffrey McWeeney

(732) 920-8383

Page 2: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

2010-2011 Officers & Trustees

President: Jeffrey W. McWeeney

President Elect: Arthur F. Leyden, III

First Vice President: John G. Ducey

Second Vice President: Laura M. Halm

Treasurer: Maryanne Calvetto

Secretary: Robert A. Bauer

Trustees : Eugenia M. Lynch

Richard M. Sevrin

Ronald E. Prusek

Terrance L. Turnbach

Daniel D. Olszak, Jr.

Lynne A. Dunn

Renee T. White

Stacie Brustman

Marianna Pontoriero

Young Lawyer Liaison: Adam Steuerman

State Bar Trustee: Eli L. Eytan

Immediate Past President: Alan J. Cornblatt

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NEW OCEAN COUNTY MEMBERS

Francine Dimter

Ronnie Bright with

Hendrickson & Edelstein

Peter S. Bronzino

Isabella A. Castellanos

Gillen M. Geldhauser

Lauren Jacoby

Kara A. Oboler

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Page 4: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

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Dear Marianna McGillicuddy:

I acknowledge receipt of your inquiry relating to the “Deodand.”

I have never seen a Deodand. I have no idea what a Deodand may be. I am, however, fortunate in that I have access to a smart young attorney with substantial, intellectual resources. I went to the palatial offices of Susan Pontoriero, Esq., where I asked the threshold question - “What is a Deodand”?

Ms. Pontoriero reached into the huge hand-carved bookcase adjacent to her desk and produced a well-thumbed copy of Holmes, “The Common Law”, from which she read aloud the following:

“When a man killeth another with the sword of John at Style, the sword shall forfeit as Deodand…”

Ms. Pontoriero then pointed me to the definition of “Deodand” found in Black’s Law Dictionary: “An old English practice of forfeiting to the Crown a thing (such as an animal) that has done wrong.” She went on to explain that, for example, a horse which was found to have caused the death of a person would be forfeited, however, the owner of the horse would have no liability at early Common Law.

Upon forfeiture, the King, in theory, would sell the horse and apply the proceeds to some pious use. After some centuries, the concept evolved to the principle that a proper “pious” utilization of the forfeited funds would be for the Crown to, simply, keep those funds.

I thanked Ms. Pontoriero for this very enlightening explanation, however, I made the mistake of asking, “That’s fine, but, what does any of that have to do with us today?”

“Funny you should ask,” she said. She then explained as follows:

From Deodand, there has evolved, by analogy, the legal fiction of forfeiture in rem. Pursuant to this line of thought, property may be held guilty and condemned without regard to the guilt or innocence of the owner of the property.

For example, in The Palmyra (1) , The United States Supreme Court held that it was not necessary to convict the ship owner as a condition precedent to the forfeiture, of an armed vessel which had attempted pi-racy on the high seas. Our High Court said that because it regarded the property itself as the offender in an in rem proceeding the conviction of the owner of the vessel had no bearing upon the forfeiture of the property.

Following precedent, in 1844, our Highest Court held that the statutory forfeiture of a vessel remained valid despite the innocence of the owner. The Lower Court had convicted the possessors of the vessel of pi-racy, however, it had also established the innocence of the owners. (2)

In 1992, the Superior Court of Connecticut ruled in a case in which Connecticut law provided that the bailment of an automobile for repairs subjected the car to a lien for the amount of the repairs.(3) In that case, the repairman had surrendered possession, without demanding payment, to the owner. The owner utilized the ve-hicle to transport narcotics. The Court noted that under 21 U.S.C. Section 881 (a)(4), commonly referred to as RICO, any vehicle used to facilitate the transportation of narcotics “…shall be subject to forfeiture to the United States and no property rights shall exist in them.” Consequently, the repairman’s lien upon the vehicle was lost.

________________________________ (1)The Palmyra, 25 U.S. (12 Wheat) at 15 (1827).

(2)U.S.V. Cargo of the Brig Malek Adhel, 43 US (2 HOW.) 210 (1844).

(3)Turner v. Smith 614 A.2d 1268 (Conn. Super, 1992)

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Dear Marianna McGillicuddy: (cont.)

In rendering his decision, Judge Fuller, noted (4) , “this is an in rem proceeding, and it is Civil, not Criminal. Due process does not require pre-seizure notice of an opportunity to be heard be given to the owner of a vehi-cle subject to forfeiture.”

For those of us practicing Family Law, the evolution of Deodand into RICO will affect, inevitably, the distri-bution of assets upon divorce where all, or some, otherwise marital assets, have been seized by a governmental agency.

In rem forfeiture proceedings are civil suits against the property itself. Pursuant to the concept of the Deo-dand, (which is a legal fiction), the property is the defendant. The property is held guilty and condemned as though it were a live human being. The guilt or innocence of the owner of the property is irrelevant.

Ms. Pontoriero smiled at me, sweetly, and said, “You will find further reference to this subject in 44 “Family Law Quarterly” 197, (Summer, 2010). Now I have answered your question. Go Away.” And so I did.

Although my mind is spinning from these revelations, I hasten to pass them on to you. I am firmly of the belief that a “spinning mind” ought to be shared.

Respectfully yours,

Alan J. Cornblatt, Esq.

_______________ (4)614 A.2d at 1271

Page 6: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

As we prepare to enjoy the 2010 Holidays and bid adieu to another year, let’s be thankful for our blessings, both great and small, and resolve to share our good fortune with others. We still have 10% unemployment, and one in six children go to bed hungry. Whether your solace of choice is God, Karma, or good old Secular Humanism, you will feel better if you help a charity that fills the bellies of hungry kids.

Find a church or soup kitchen or food bank with low administrative expenses (you can check the ex-pense to benefit ratio of any charity online) and give a few extra dollars this year. I’m not fond of 501(c)(3)s with giant bureaucracies like Red Cross, American Cancer Society, United Way, etc. Sure, they do good work. But, let someone else’s dollars go to pay for executive salaries, marketing cam-paigns, and first class travel. I prefer helping the little guys, with smaller overhead, where 87 cents of each dollar goes to folks who need help, a direct impact that selfishly makes me feel better about the donation. I’m not going to share my pet charities, you can find your own – there are thousands, and a little internet research can connect you and your checkbook to a group that has personal significance to you or your family. The point is to make the effort, and write the check, and to feel great about having had an immediate positive impact on others who really need your help.

Enough preaching, on to a few Random Notes:

My best wishes to you all for a peaceful and healthy holiday season.

Till Next Time …………...

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Edward Kasselman, Esq.

(a) If you love good barbeque, this is a great time of year to try three little restaurants that take “Q” seriously. Unfortunately, they are all in Monmouth County, but worth the trip: D&L Barbeque, 1206 Main Street, Asbury Park (732-776-7488) is family friendly and open every day but Monday. Try their pulled pork, giant beef ribs, and mac n cheese. Bring your own six pack. No, don’t invite “The Situation” to dinner, try chocolate stout or bock beer, both superb BBQ beverages. If you are fearful (however irrationally) of venturing to Asbury, visit Jersey Shore BBQ at 811 Belmar Plaza (732-894-9009), smaller than D&L, but family friendly still. The brisket is terrific, and the ribs and pulled pork a close second. Sweet potato fries and fried green beans are best sides. BYO, again. Finally, I have long loved the fried chicken, collards, ribs, and the mac n cheese from Jameson’s at 652 Hwy. 35N in Neptune (732-775-4699). Family-owned and run, this is more for take-out (or eat in the car) than dine-in, but there are a few no-frills tables available. They make a mean peach cobbler, as well.

(b) There’s a restaurant in the Princeton area worthy of a special trip: Elements, at 163 Bayard Lane (off Rt. 206), telephone (609-924-0078, recently named as one of NJ Monthly’s top 25 in the State, is the real deal, local food, lots of brick and real wood, preparations like Restaurant Nicholas, though not quite as fussy, or formal. Really inter-esting wine list. My suggestion is to spend the afternoon with your significant other soaking in a serene & private outdoor cedar tub at Onsen in Princeton, followed by a 10 minute visit to the wood fired sauna, and a great 90 minute massage or facial, then make the five minute drive to Elements for dinner. The Westin Forestal Village is a nice inex-pensive hotel nearby, if you decide to stay over. Salt Creek Grill (whose sister restau-rant is in Rumson) is a quick walk from the Westin for a nightcap.

Page 7: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

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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.

1.

Page 8: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

BASIS INFORMATION

Beginning with the 2011 tax year, brokers will be required to furnish cost basis information along with sales proceeds on Form 1099-B under proposed IRS regulations. In 2012, the requirement will apply to mutual fund transactions.

While these new requirements are designed to assure proper reporting for capital transactions on Schedule D of Form 1040, is there a more sinister purpose? Possibly.

As you know, in 2010, the rules governing step up in basis at death were suspended. In their place, executors could elect to step up basis for as-sets up to $1,300,000 and an additional $3,000,000 for surviving spouses. Inherited assets over these amounts receive the decedent’s cost basis.

If you do any estate work, you need to famil-iarize yourself with these new rules. While many attorneys rely on accountants in the area of tax law, it is important to understand the law as it applies to the estate’s legal issues and relying on accountants for legal interpretations is chancy.

Back to my question about the revisions to Form 1099-B. In the 1976 estate tax law revisions, carry-over basis was mandated. However, it was so complex, that the IRS never applied the law and it was repealed.

One of the reasons for its failure was that it was difficult, if not impossible, to determine the de-cedent’s cost basis. In the future, the cost basis be-comes a permanent record as evidenced by the new filing requirement on the 1099-B. Thus, the change in reporting may be the first step to the creation of a permanent carry over basis law, which when imple-mented, will be a huge fund raiser for the govern-ment.

SCAM ALERT

The IRS DOES NOT initiate communica-tions with taxpayers through e-mail. Identity thieves do!

If the IRS discovers that your social security

number has been stolen by an identity thief, they will contact you by mail. Respond to their letter immedi-ately. Usually, the issues are duplicate tax returns filed for your id number or W-2 from employers who are unknown to you.

If your return is the second one filed, that income tax refund you planned to use for that Caribbean vaca-tion may not come in time.

Other areas of concern-phishing expeditions, e-mail scams and bogus IRS websites. These con-cerns only come from computer scammers.

GIFT TAXES

The Federal law on gifts has not been sus-pended for 2010. Consequently, gifts in excess of $13,000.00 per person must be reported to the IRS on Form 709 when the donor’s income tax return is filed. There is a $1,000.000.00 exemption and gifts over the exclusion and exemption are taxed at 35% in 2010.

As you may know, there is a tax on gifts and bequests which skip a generation. In other words, if a donor’s child is still alive, then any gifts to a grandchild is subject to the Generation Skipping Transfer Tax. This tax is also suspended for 2010. It resurrects in 2011. 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.

Adam Pfeffer, an attorney with Levin, Shea & Pfef-fer, Jackson, has been named to the board of direc-tors of Harmony Bank, with Headquarters in Jack-son. As director, Pfeffer will help advise the man-agement of Harmony Bank in such areas as business development, safe and sound banking practices, and strategic planning for the growth and development of the bank.

Got news you’d like to share….contact Karin at the Bar Association Office at [email protected] or 732-240-3666.

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Page 9: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

Edward B. Kasselman was among the recipients of the 2010 Professional Lawyer of the Year Awards presented by the New Jersey Commission on Professionalism in Law at its Annual Award Luncheon haled on Wednesday, October 6, 2010 at the Hyatt Regency in New Brunswick.

The Professional Lawyer of the Year Award is presented in cooperation with Bar Associations' across the State to lawyers

whose character, competence and commit-ment to the highest professional standards mark them as outstanding members of the Bar.

Ed is a partner at Bathgate, Wegener & Wolf in Lakewood. He served as President of the Ocean County Bar Association from 2005-2006 and has served as Chair and Co-Chair of the Civil Practice Committee from 1989 to present. Ed also serves as Editor of the Ocean Side Bar.

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Chief Judge Garrett Brown, Edward Kasselman & Justice Barry Albin

On November 30, 2010 Ocean County conducted a Attorney Admission Ceremony in Historic Courtroom #1 for all those who have passed the Bar. With the Courtroom filled with family and friends Assignment Judge Vincent J. Grasso administered the New Jersey Oath, Federal Oath and Lawyers Pledge. Ocean County Bar President Jeff McWeeney, State Bar Trustee Eli Eytan and Young Lawyers Liaison Adam Steuerman spoke on behalf of the Bar Association. Judge Grasso announced that all of this years’ Law Clerks successfully passed the Bar Exam. Best wishes to the newest members of the bar: Yalissa Y. Alfaro, Kathleen Elizabeth Bond, Shannon Chant-Berry, David R. Cardamone, Jennifer Lynn Dryer, Yehudah Gordon, Christopher J. Grenada, Christopher Heisler, Kristen Jones, Edward J. Kownacki, James A. Lewis, Matthew Lynch, Heather C. Marks, Nicholas Norcia, Aaron Reilly, Daniel Patrick Robinson, Ashley Tito, Melissa Megan Villemarie and John N. Visconi, II.

Page 10: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

What Business School Taught Me That Law School Didn’t by Jena Rae Silverman, Esq., M.B.A.

(Jena is an associate with the law firm of Roberta Anne Burcz in Pt. Pleasant where she practices estate and elder law. She was awarded her J.D. in 2009 and her M.B.A. in 2010)

While law school teaches much of what attorneys need to know to practice law, I actually learned one of the most important lessons in business school - to work in teams and cooperate with others. Let’s face it, lawyers don’t always play nice. Law school, the training ground for the next generation of litigators, is an environment of fierce competition. In contrast, business school, a precursor to business deals based on alliances, is an envi-ronment of group projects and networking. Basically, unless you're a “hot shot litigator,” working as part of a team is the best way to serve clients’ interests. More often than not a negotiation or dispute can be amicably re-solved if an attorney is willing to play nice.

Cooperation is crucial not only with your adversaries, but with your staff. Without the support of your staff, effi-ciency is unattainable. Making this goal even more important is the state of the economy. Today’s economy forces lawyers to be more efficient. Clients do not thoughtlessly cut checks upon receiving a bill. Attorneys should expect clients to scrutinize bills and recognize the inefficiency of an overly adversarial approach. Take for example, the time wasted on discovery disputes. The time consumed drafting a motion to compel discovery or reaching a compromise at a case management conference may be better spent on a candid conversation be-tween adversaries to sort out discovery disputes. Further, in the context of transactional law, a closed adversarial approach to the purchase and sale of commercial real estate or of a business may leave both sides butting heads, and worse may cost your client the deal. Thus, building a rapport and cooperating with your adversary can streamline litigation and advance your client’s goal. To accomplish this, consider employing the following sug-gestions:

Respect your adversary. If you project the title of rival on another, he or she will act as your rival. Approach another as a respected colleague or collaborator and he or she will likely follow the direction you set. Make yourself available. In response, your adversary will make him-or-herself available. Avoiding phone calls, meetings, or requests for information gains your client nothing. Alternatively, you can engage in “co-opetition” (cooperative competition) by being available and simultaneously competing on your client’s behalf. Acknowledge your adversary. In face to face meetings, making eye contact and nodding your head indicates that you are truly listening and receptive to what is being said. Allow your adversary the opportunity to speak. Constant interruption in order to gain control serves no pur-pose. Settling a dispute and reaching a compromise is accomplished by hearing both sides. Don’t forget about your staff. By seeking your staff’s opinion on how to handle certain matters they may

provide an avenue you have not considered. Cooperation may be a simple lesson, but as lawyers it goes against our grain. After all, we were the kids in the playground who drew boundary lines in the sandbox. The court room is just a bigger playground. Here, drawing boundary lines is counter-productive. Even if you do use the above suggestions the courtroom bully may still refuse to play nice, in which case I say all is fair in love and law. But I recommend you first see where playing nice gets you and your client.

"Reprinted with permission from the OCTOBER 18, 2010 edition of New Jersey Law Journal. © 2010 ALM Me-dia Properties, LLC. All rights reserved. Further duplication without permission is prohibited."

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Page 11: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

STATE BAR REPORT

Eli L. Eytan, State Bar Trustee The NJSBA Mid-year meeting was re-cently concluded at the Four Seasons

Resort in North Scottsdale, Arizona. Accommodations and meeting functions were magnificent. Programming was stimulating and informative and CLE credits, in-cluding a number of ethics discussions, were available for all courses. A flagship program on racial profiling, developed specifically in response to the infamous Ari-zona legislative initiatives, featured former Attorney General John Farmer, former Mercer County Prosecu-tor Dan Giaquinto, and Bergen County Prosecutor John Molinelli but could have benefitted from attendance and participation by diversity proponents and bar repre-sentatives. Planning is already underway for next year's meeting in Dublin, November 5-12, 2011. The Borgata will once again be the venue for the ex-tremely successful Annual Meeting in Atlantic City, May, 2011. We are all aware of the contentious nature of the dispute regarding recent Association by-law amendments, which, incidentally, passed by the neces-sary two-thirds vote. As the holidays approach, we should all adopt a conciliatory and collegial approach, recognizing that each and every participant in the dis-cussion has the best interests of the profession and the Association at heart. The NJSBA represents, and will continue to represent, the interests of all New Jersey lawyers, and as such, merits continued support and par-ticipation. A cursory review of the association's recent amicus efforts would bear that out. It is hoped that the appreciation for the impor-tant and vigorous role of the county bar associations in the professional lives of New Jersey practitioners will be reciprocated and embraced. There is no reason for state bar and county bar interests to diverge and to that end, the solution is for all Ocean Bar members to strive for leadership and po-sitions of influence in NJSBA sections and committees. County bar members need to get more involved and make their voices heard. The opportunities are there. Carpe diem. Happy Holidays.

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Page 12: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

By Mike Nolan

American Assassin by Vince Flynn

American Assassin should have been the first of Flynn’s Mitch Rapp books. Anyone familiar with the character Mitch Rapp, the CIA’s top black ops anti-terrorist assassin knows the genre. Mitch Rapp is the terrorists’ worst nightmare – a cold brutal kil-ler that thinks nothing of placing 9mm bullets into the heads of really bad people.

This book introduces us to Rapp, recently graduated from Syracuse where he was an All-American La-crosse player. At age 22, Rapp is at his peak physi-cally, but he is and emotional seriously wreck ; his fiancée was on Pan Am flight 103 over Lockerbie. His recruiting is the Agency’s new approach - a group of clandestine operatives who will work out-side the normal chain of command—men who do not exist but who can bring the battle to the enemy. In other words, Jason Bourne.

Rapp is recruited by Irene Kennedy because he fits the profile, someone who was hurt by terrorist and wants – retribution? Revenge? The story examines this in detail. Is it retribution or revenge? Here, the author, Vince Flynn, permits us a look inside the emotional side of Rapp - a peek into what makes the CIA’s number one assassin tick. What we find is not what is expected. A large portion of the book con-cerns Rapp’s initial training and pysch profiling. Questions about how he feels about death, killing, compassion, mercy, and revenge are all explored. Given the covert nature of what the CIA has in mind, the story suggests that the Agency is mindful of who they recruit, train and equip – interesting fiction.

The usual blood, guts, brain and body parts that are shot, burnt, blown up and gunned down in graphic albeit explicit style is ever present. The description of a rather nasty bit of torture directed toward Rapp’s CIA instructor (Stan Hurley) is so bizarre it is actu-ally funny.

What is disturbing about this story is the specter that the stuff in this book really happens. Imagine a world with rich drug and gun running thugs who, while hiding under a religious zealot veil, enjoy blowing up innocent civilians, selling arms to both sides and kidnapping for ransom. How do you stop them? You send Mitch Rapp to Istanbul to kill the arms dealer who sold the explosives used to blow up Pan Am 103. You send Rapp to Hamburg to kill the banker who launders money for these same dirt bags. You send Rapp, a man who does not exist, a man without any real identity, a man who is just plain deadly, and the next day you can read in the paper that another body with ties to terrorism has been found. Problem solved.

As a fan of the Rapp stories and the author I enjoyed this book. Having read about 5 of these Rapp novels, this book provides a good back story as to all of the players, their motivation, etcetera. If you are looking for a book of this genre – a story about government anti-terrorist and the hard reality of dealing with these criminals – this is a good read. Enjoy!

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COURTHOUSE BAKERY

Page 14: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

Dear Friends and Colleagues:

The Polar Bear Plunge that I organize for LADACIN ("Lifetime Assistance for Developmental And Challenging Individual Needs") will be held on Saturday, January 15, 2011 in Manasquan. LADACIN is an incredible organization that provides lifetime assistance to over 2,600 families in 11 facili-ties across Ocean/Monmouth County.

I cannot thank you all enough for the dona-tions, participation and/or sponsorships in prior years. To date, this Event has raised over $140,000.00 for LADACIN and our goal this year is to raise at least $125,000.00 more with the January 15th Event. For those of you interested in making a tax deductible do-nation, it can be made in either of the following ways:

(1) on LADACIN's website at: https://www.justgive.org/basket?acton=donate&ein=21-0674715 (please designate your donation to the "Polar Plunge - JJR"; or

(2) checks can be mailed directly to LADACIN Net-work at 1701 Kneeley Boulevard, Wanamassa, NJ 07712 (attn: Cathy Claps). Checks should be made payable to LADACIN Network and please indicate "Polar Bear Plunge" on the memo line.

I would also like to re-extend the invitation to plunge with me or to just come by and enjoy the fes-tivities. Leggetts Restaurant and Sand Bar hosts the pre and post-plunge event each year. Registration be-gins in Leggetts at 10:15 a.m. and the Event runs all day. 95.9 WRAT will broadcast live. There will be an Irish marching band, United States Marine Color Guard, prizes, cash raffles, drink specials, a buffet and more! This is a fun filled day for a terrific cause.

Complete information and registration forms are available at www.ladacin.org. I look forward to seeing many of you at the Event in support of this ter-rific organization!

Best regards, Joseph J. Russell, Jr., Esq. (Event Organizer)

Marianna C. Pontoriero, Esq. (Polar Bear Plunge Committee Member)

Jeanette Russell, Esq. (Polar Bear Plunge Commit-tee Member)

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Page 15: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

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Brick Township, Route 88, free standing building approximately 1225 square feet. Three offices, conference room, waiting room, kitchen, bath, secretary work area. Gross lease $1,850.00 per month. Landlord responsible for taxes and maintenance of property.

Call ( 732 ) 840-2121.

NOTICE TO THE BAR Not getting emails from the Bar Association? Get on our email list now by emailing Karin your email ad-dress to [email protected]. Don’t miss out on receiving up-dated information.

Page 16: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

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Page 17: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

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Page 18: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

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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: [email protected]

Ocean County Based Law Firm - Not a Branch Office Nurse Paralegal on Staff Certified in Elder Law, NYU, 2001

RECENT VERDICTS & SETTLEMENTS

Medical Malpractice: Surgical Mishap $2.2 M (2009)

New York State Supreme Court Motor Vehicle Accident - Two Week Trial $737,500

Medical Negligence: Internist; Partial Hearing Loss/Left Ear $308,000

Cerebral Injury/Diving Injury at Resident During Bible Study/Pool Party $9 M Gross Negligence vs. Charity (Structured Settlement)

Page 19: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

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Page 20: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

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Page 21: Newsletter Date HOLIDAY ISSUE - Ocean County Bar ... · sponsored by the Ocean County Bar Association from 6:00 p.m. to 7:30 p.m. We value your attendance! State Bar Report On Tuesday,

BRONZINO, PETER J. (732) 202-7104, 44 Princeton Ave. Brick NJ 08724. Available for re-search, briefs and court appearances. Also accepting overflow referrals. Former law clerk to the Honor-able Thomas E. O'Brien, P.J.Cv.

GERSTENBLATT, JEFFREY H., - 545 E. Ken-nedy Blvd., Suite 17B, Lakewood, NJ 08701, (732) 901-4793. All court appearances including family, civil, criminal, chancery, special civil part and mu-nicipal court. Briefs, research, depositions, motions. 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 Appeals. Member of the National Organization Claimant’s Representatives (NOSSCR). Accepting referrals. SAGE, MATTHEW - (732) 244-0300, 13 Robbins Parkway, Toms River, NJ. Available for appear-ances in Civil, Criminal, Chancery, and Municipal Court. Research, briefs, depositions, and motions. Former law clerk to Presiding Civil and Chancery Judge.

SIMMONS, DANIEL - 121 Washington Street, Toms River, NJ (732) 349-0401. General Law; spe-cialty in Municipal Court appeals and briefs. SIMPSON, GERALD - 610 Main Street, Toms River, NJ (732) 244-5300. Accredited Divorce Mediator (NJAPM). Available for Mediation of Matrimonial and Domestic Partnership Matters, Do-mestic Violence Trial and Appeal, Municipal Court. WIEDEKE, FREDERICK, JR. - 769 Route #9, Bayville, NJ (732) 269-3377. Research, Briefs, Motions and all types of Court appearances; Family Law; Civil Litigation.

WILSON, TODD - 614 Main Street, Suite 201, Toms River, NJ (732) 349-0020. Available for civil, criminal and municipal court appearances, depositions, briefs, motions, research. Formerly Counsel at Lowenstein Sandler, Accepting referrals of special education matters.

Office Condominium for Sale/Rent - Toms River. For information call: (732)279-0044 Building for Sale - Douglas T. Mundy, Jr., Esq. is retiring. 49 Main Street, Toms River, NJ (732) 349-9500, for $225,000.00. Please contact my office should anyone be interested in purchasing building.

For Sale - 16% to 25% (ownership with occupancy) share in 200 Main Street, Toms River. Reasonable price with significant return on investment. Call Diane Cullen (732) 505-9200 for written proposal.

FOR CLASSIFED INFO CONTACT: Karin Poola

Ocean County Bar Association

[email protected] or (732) 240-3666

PER DIEM ATTORNEYS CLASSIFIED

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OFFICE SPACE FOR SHARE/SALE


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