M A R K Y O U R D I A R Y

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1 VOL XXXXVII NO. 2 Burlington County Bar Association FEBRUARY 2012 M A R K Y O U R D I A R Y FEBRUARY 10 JUDGE HOGAN S RETIREMENT DINNER 6 P.M. THE WESTIN, MT. LAUREL 16 REAL ESTATE SEMINAR 4:30 P.M. COUNTY OFFICE BUILDING, MT. HOLLY 22 BENCH/BAR LUNCHEON - NOON DEERWOOD COUNTRY CLUB, WESTAMPTON 23 CRIMINAL ETHICS SEMINAR 4:30 P.M. COUNTY OFFICE BUILDING, MT. HOLLY 24 YLC BOWLING PARTY 6:30 P.M. LAUREL LANES, MAPLE SHADE 29 DOMESTIC VIOLENCE CLINIC 4:00 P.M. COUNTY OFFICE BUILDING, MT. HOLLY MARCH 1 DOMESTIC VIOLENCE CLINIC 4:00 P.M. COUNTY OFFICE BUILDING, MT. HOLLY 14 FAMILY LAW/SHORT SALE SEMINAR 4:30 P.M. COUNTY OFFICE BUILDING, MT. HOLLY 20 INSURANCE LAW SEMINAR 4:30 P.M. COUNTY OFFICE BUILDING, MT. HOLLY 29 HAINES AWARD DINNER 6 P.M. DOUBLETREE BY HILTON, MT. LAUREL In Memoriam DAVID GLADFELTER NAMED 2012 HAINES AWARD RECIPIENT Gladfelter to receive Association s highest honor March 29 David D. Gladfelter has been named the recipient of the 2012 Hon. Martin L. Haines Award. A dinner will be held in Mr. Gladfelter s honor on Thursday, March 29, 2012 at Doubletree Suites by Hilton in Mount Laurel. Created in 2007 in honor of Judge Martin L. Haines, the Haines Award was established to recognize those who best exemplify and display the qualities of Judge Haines: personal and professional integrity, devotion to the legal profession and legal scholarship, and dedication to the justice system and the people of Burlington County. It is the Association s highest honor. Con t on Page 7 The Burlington County Bar Association was saddened to learn of the passing of the Honorable Dominick J. Ferrelli (Retired) on Thursday, January 12, 2012 at the age of 91. An active member of the Burlington County Bar Association for many years, Judge Ferrelli was president-elect when he was appointed to the Bench by then Governor Cahill. Judge Ferrelli is survived by his son James J. J. Ferrelli, his wife, Susan, and their three children, as well as three brothers. We extend our sincere condolences to Judge Ferrelli s family, friends and colleagues. He will be missed. Contributions in Judge Ferrelli s honor may be made to the Honorable Dominick J. Ferrelli Scholarship Fund, c/o 45 Grant Street, Mt. Holly, NJ I N S I D E T H I S I S S U E President s Message Steps to a Prosperous Small Firm Practice...5 Child Support and Public Benefits...9 Trivia/Forensic...10

2 MEMBERS ON THE MOVE THOMAS M. BARRON, ESQ. 800 N. Church Street, Suite 102 Moorestown, NJ (856) DONALD N. ELSAS, ESQ. 800 N. Church Street, Suite 102 Moorestown, NJ (856) Fax (856) KATHRYN M. LAUGHLIN, ESQ. Russell & Laughlin 117 Atlantic Avenue P.O. Box 30 Ocean City, NJ (609) Fax (609) WELCOME NEW MEMBERS JEFFREY BARANOWSKI, ESQ. 751 Sixth Street Lyndhurst, NJ (201) ERIC C. BERG, ESQ. LaVan Law 11 E. Main Street, 2nd Floor Moorestown, NJ (856) Fax (856) DANA R. BOWLING, ESQ. Law Office of Dana R. Bowling, LLC 3000 Atrium Way, Suite 275 Mount Laurel, NJ (856) Fax (856) STEPHEN H. CRISTAL, ESQ. Law Offices of Stephen H. Cristal 6 Kings Highway West Haddonfield, NJ (856) Fax (215) sc@cristal-law.com ERIC SEAN GIBBS, ESQ. John F. Renner, P.C Lincoln Drive West, Suite 401 Marlton, NJ (856) Fax (856) ericsgibbs@gmail.com Bar Briefs WELCOME NEW MEMBERS ALAINA A. GREGORIO, ESQ. LaVan Law, 11 E. Main Street, 2nd Floor Moorestown, NJ (856) Fax (856) alaina@jlavanlaw.com REEMA SHAH KANZARIA, ESQ. Law Offices of Lee M. Perlman 1926 Greentree Road, Suite 100 Cherry Hill, NJ (856) Fax (856) reema.kanzaria@gmail.com KAREN THEK, ESQ. New Jersey Office of the Public Defender 100 High Street, 2nd Floor Mount Holly, NJ (609) Fax (609) karen.thek@opd.state.nj.us VICTORIA A. SCHALL, ESQ. The Gruber Firm, LLC 100 Century Parkway, Suite 305 Mount Laurel, NJ (856) Fax (856) vschall@nj-nursinghomeneglect.com JENNIFER WEILER, ESQ. New Jersey Office of the Public Defender 100 High Street, 2nd Floor Mount Holly, NJ (609) Fax(609) jen.weiler14@gmail.com LAW STUDENT MEMBERS MS. RACHEL M. CONTE Law Offices of Riley & Riley 100 High Street, Suite 302 Mount Holly, NJ (609) Fax (609) rachelda@verizon.net MR. JONATHAN M. ROMVARY 87 Tecumseh Trail, Medford, NJ (609) jonathan.romvary@gmail.com MS. VALERIE SMALDONE 3 Jonathan Drive, Sewell, NJ (609) vsmaldone@comcast.net MR. DAN ZIMMER 540 Collings Avenue, Apt. A921 Collingswood, NJ (443) dzimmer999@gmail.com MEMBERS IN THE NEWS Robert J. Adinolfi and Ronald G. Lieberman are pleased to announce that the law firm of Adinolfi & Goldstein will be now be known as Adinolfi & Lieberman, P.A. The office is still located at 4 Kings Highway East, Haddonfield, NJ Phone ; Web Parker McCay attorneys Elizabeth M. Garcia and Gene R. Mariano have been promoted to Shareholder as of January 1, Garcia and Mariano are based out of the firm's Mount Laurel, New Jersey office. Garcia focuses her practice on labor and employment law as well as civil rights and government liability. She counsels public and private sector employers on such issues as federal and state anti-discrimination laws, whistleblower laws, family and medical leave statutes, and fair labor standards. Garcia also conducts training on such topics as sexual harassment and equal employment opportunity compliance. She joined Parker McCay as an Associate in 2001 and was previously promoted to Counsel in Mariano concentrates his practice on complex commercial and construction litigation matters, as well as general and title insurance litigation. He represents business owners, title insurance companies, banks, general contractors, and subcontractors in a variety of disputes and complex issues, including class action matters. Mariano joined Parker McCay as an Associate in 1996 and was previously promoted to Counsel in Nikitas Moustakas and John E. Collins, both Associates at the law firm Parker McCay, have been promoted to Counsel. Moustakas is based out of the Mount Laurel office, and Collins is based out of the Lawrenceville office. Moustakas' areas of practice include corporate, tax and business transactional law, healthcare, and commercial real estate law. In addition to representing corporations and individuals, Moustakas also represents community and homeowners associations. Collins, who has three decades of legal experience, focuses his practice in the areas of education law and employment law. He represents school districts throughout New Jersey. THE STRAIGHT WORD FEBRUARY PAGE 2

3 THE STRAIGHT WORD FEBRUARY PAGE 3 PRESIDENT S MESSAGE BY: TIMOTHY FARROW I am pleased to announce our Association's new Domestic Violence Pro Bono Project. Thanks mostly to the efforts of our Public Relations Co-Chair, Reema Scaramella, our Association is partnering with South Jersey Legal Services and Providence House to provide Pro Bono representation to victims of domestic violence. This is a very exciting opportunity for us for several reasons. First of course is the public interest it will serve. In partnership with Legal Services and Providence House, our Association will provide pro bono representation to indigent victims of domestic violence applying for a Final Restraining Order. For those not familiar with the procedure for filing a restraining order, it is quite a daunting task to undertake without counsel. The initial Temporary Restraining Order is obtained either through the local police department and the municipal court judge or at the Superior Court Family Division. If granted, it is then scheduled for a hearing within ten days to determine whether a Final Restraining Order will be granted. This is where the task can become particularly daunting. As plaintiffs, they bear the burden of establishing by a preponderance of evidence that an act of domestic violence has been committed, and that based upon that incident and other factors, including prior history, they are in need of protection. Fortunately, they are not completely alone in the process. The Family Division Domestic Violence Unit assists with procedural questions, and victim advocate groups, such as Providence House in Burlington County, provide general support. However, once they enter the courtroom, they are all alone, and quite often, opposing defendant has counsel. A victim who has been abused and likely stripped of any self confidence must testify, present witnesses, face cross examination, attempt to cross examine a defendant, and argue the merits. Just in case that little tug on your heartstrings is not enough reason for you to run out and sign up, this program has even more to offer. Especially the young ones out there, this is for you trial experience! I know some of you are thinking, Is that really anything to get excited about? I know for me it was. As a young assistant prosecutor, I remember trolling around the office begging for trials dogs, dogs with fleas - anything for the experience. I am sure in this market the demand for this experience has to be through the roof. Here is a chance to try cases that really mean something and get experience that touches upon family, criminal, and civil areas of law. Even if you are not a young lawyer but young in trial experience, this could be your chance to step out from behind your desk and try something new. You might be saying, well I have had that chance with Madden pro bono assignments, and it was not so fun being thrown to the wolves. This is different though because, unlike those cases, we will actually train you. We will offer free comprehensive training over two evenings and give you CLE credits in the process. If that is not enough, you can satisfy your Madden requirement for the year and avoid being thrown to the wolves. The Straight Word Published Monthly by The Burlington County Bar Association 45 Grant Street, Mt. Holly, NJ karaedens@burlcobar.org Website: (609) Fax: (609) Lawyer Referral Services: (609) OFFICERS Timothy S. Farrow...President Janice L. Heinold...President-Elect Katherine D. Hartman...Vice President Roger Lai...Treasurer Kevin Walker...Secretary TRUSTEES : Joan M. Burke Mary Ellen Burns, Richard C. Klein Elizabeth M. Garcia Richard J. Nocella, Jennifer Stonerod Kim C. Belin, Douglas L. Heinold Pamela A. Mulligan, Reema Y. Scaramella Young Lawyer Trustees : Matthew Litt : Grant G. Berger Immediate Past-President: Sharon M. Dostmann New Jersey State Bar Trustee: James J. Ferrelli Executive Director: Kara E. Edens EDITORIAL BOARD John F. Kearney, III...Editor Kara E. Edens...Print & Circulation Mgr. All Officers and Trustees of the BCBA STATEMENT OF POLICY The existence of your Burlington County Bar Association is made possible by your financial support. However, our success in fostering professional growth and improving the practice depends on your participation in meetings, programs, seminars and the work of committees, as well as your support of our monthly publication, THE STRAIGHT WORD, by way of suggestions and contributions. Contributions are welcome, subject to the deadline of the 10th day of each month. There is only one publication during July and August. The right to edit and publish is reserved. For those experienced in this area, don t fret, we want you too. We won t bore you with the training. You might have more than enough experience with this stuff, but sometimes it feels nice to handle a case free of the financial pressure and just help someone in need. So there has to be a catch, right? What do we want from you? Not much. Just your agreement to take on 25 hours over the course of the year and, of course, ethically represent these clients to your fullest ability. The trial experience, CLE credits, and Madden waiver will be well worth your efforts, but the greatest reward will be the gratitude you will receive from these clients. Please see the insert in this month s Straight Word for more details. Thank you again to Reema Scaramella for all her efforts in planning this program. I look forward to seeing you soon in the trenches of Family Court.

4 THE STRAIGHT WORD FEBRUARY PAGE 4 1 Do you have clients who have IRS problems? Levy of salary or bank accounts Seizure of assets or business Tax lien on real estate Other tax authority problems 1 IRS problems solved here! Ken Landis Tax Solutions staff has been doing it for a combined total of almost 100 years. Ken is a former Senior IRS Revenue Officer in South Jersey with 42 years of IRS experience. We pride ourselves on being the local IRS problem solvers! Over 90% of our Offers-in-Compromise Settlement are accepted by the IRS. We have reduced our clients liabilities to the IRS by millions of dollars. At Ken Landis Tax Solutions we know every circumstance that can be presented to obtain the best resolutions for your clients. 311 West Cuthbert Blvd. Haddon Township NJ Call Fax Office@KenLandisTaxSolutions.com Have your clients call our office today for a FREE one-time consultation with one of our expert tax professionals

5 THE STRAIGHT WORD FEBRUARY PAGE 5 The year is young and possibilities abound to make 2012 your most prosperous year ever. Having worked with many law firms and hundreds of lawyers over two decades, we have witnessed some common threads of what makes a prosperous firm as compared to those who sputter along, often in despair of not reaching their professional (or worse, financial) goals. There are many effective business development and marketing steps lawyers can take to have a successful practice, regardless of the size of your firm. Considering the fact that lawyers in smaller firms presumably have fewer resources to bring into play, below are a few solid ideas that will help. The reality is that financing a marketing program does not need to be a deterrent in small law firm marketing provided that laserfocused strategic marketing planning is in place. You can bootstrap a law practice similar to the way an entrepreneur bootstraps any other start-up. The real key is bringing focus and clarity to your marketing goals followed by precision execution over and again. Quality Work is the Cost of Admission, At All Times. With all the competition biting at your heels, delivering the highest quality work product all the times is a non-negotiable requirement to build a formidable reputation and referrals from clients and other attorneys. Don t shy away from taking CLEs in complimentary areas of law to broaden your knowledge base to serve clients better. Focus on Your Natural Network. Each of us has a network of people we know, like, and trust (to varying degrees). Leverage this network in all ways possible. Get and stay in touch with everyone -- your friends, relatives, business associates, and professional contacts --past and present. Let them know that what you are up to, how you provide value to your clients, and effectively articulate that you actively seek referrals. 8 STEPS TO A PROSPEROUS SMALL FIRM PRACTICE BY KIMBERLY ALFORD RICE contacts to think of you first. Turn your clients into fans by not charging for incidentals, short phone calls or quick s. Get and Stay in Touch with Target Audiences. It cannot be overstated the value of building top-of-mind awareness among your key target audiences - - existing clients, referral sources, and qualified prospects. There are many ways to accomplish this but one very effective way is to create an online e-communications program. Aligning with the axiom that it takes 7-10 touches per year to build top-of-mind awareness, sending out a regular, periodic e-blast on topics of interest to your constituents can be a very effective way to stay in front of them. This is an art, not a science and requires a strategic approach which can pay impressive dividends. Seize All Opportunities for Free Media. Every day, there are news items appearing across all media platforms that fall into your area of expertise. Familiarize yourself with those reporters who write on topics about which you have (or are developing) an expertise and reach out to offer expert commentary on these topics. A news story without a quote is not a true news story. To go further, a press release every month to the local editors and reporters who cover relevant stories. Given the present publishing industry, reporters have fewer resources than ever and are delighted to develop reliable news sources. Become one to them and watch how your reputation grows for no out-of-pocket expenditure. Write, Write, and Write Even More. A very effective way to get in front of your target market is to pitch articles to publications (including blogs) that target your niche. Trade magazines are always looking for good content, and they include a byline with your name and contact information. Publishing has never been easier and opportunities more available given all the venues, particularly online. The key is to find the targeted publications that your clients and targets are reading, and be there consistently. Ideally, you want to strengthen the network you presently have and focus on aggressively expanding it to include a broad range of individuals who can ultimately refer business to you. It has never been easier (and more economical) than it is today to convert your network to an active sales force for your practice with all the technological tools (e-blasts; social media updates; blogs, etc.) available to maintain contact with a mass distribution list. Become the Go-To Resource for your Clients. Educate clients to send any legal work your way whether or not you ultimately handle it for them. With your growing network, you are more than happy to make a referral but want to condition your While this business development initiative may not produce immediate results (although it been known to), it will have a cumulative effect if prospective clients continue to see your name and information. One of the inherent values of publishing is the re-purposing value of investing your time once to write the article then placing it in a variety of media venues, using the published article as a marketing tool to send about to clients and other key influencers, and including the published article on your website. Speak Engagements. There are hundreds of trade associations in every market niche. Many have local chapters while others sponsor an annual event. One of the highest impact initiatives Con t on Page 13

6 Workers Compensation Edward J. Magram * *Certified Workers Compensation Law Attorney David C. Michaud Referrals Paid Pursuant to Rule 1:39-6 THE STRAIGHT WORD FEBRUARY PAGE 6 Smith Magram Berenato Michaud 415 High Street Burlington, New Jersey

7 THE S TRAIGHT WORD F EBRUARY PAGE 7 DAVID GLADFELTER NAMED 2012 HAINES AWARD RECIPIENT Con t from page 1 A longtime member of the Burlington County Bar Association, Gladfelter graduated from Rutgers University School of Law - Camden in 1975 and went to work for a year in the Philadelphia area counsel s office for the Department of Housing and Urban Development (HUD), where he worked on contracts and opinion letters. In 1976, he joined the firm of Henry B. Kessler in Bordentown, handling cases in most areas of law, except criminal and family. Though David still handles some matters of counsel to Kessler, he officially retired, after 25 years in private practice, in April David is now an unpaid, volunteer attorney for South Jersey Legal Services, working two or three days a week in the Burlington County office in Mt. Holly where, case by case, he fights for equal justice for the poor and disadvantaged. Having retired after a long career in private practice, he s picked up the banner again for the goals and ideals that first brought him to New Jersey almost 40 years ago. If you want to hear more about how Mr. Gladfelter came to New Jersey and his extraordinary contributions to South Jersey Legal Services, and the communities it serves, you ll have to come to the annual Haines Award Dinner on March 29, The festivities get underway with cash bar cocktails and hors d oeuvres at 6 p.m., followed by dinner and award presentation at 7 p.m. A registration form is included in this issue of The Straight Word. Register today to honor one of our Association s finest. C C ommittee orner The Young Lawyers Committee will host a meeting on Wednesday, February 8, 2012 at Noon at the law offices of Capehart Scatchard, 8000 Midlantic Drive, Suite 300S, in Mount Laurel. All members 35 years of age or less, or practicing 5 years or less, are welcome and invited to attend. Pizza will be served. Hope to see you there! RICHWALL APPRAISALS Jeffrey D. Richwall, SRA Member of the Appraisal Institute Tax Appeals - Matrimonial - Estates 28 Years of accurate, defendable residential appraisals (856) / jeff@richwallappraisals.com MOORESTOWN OFFICE SPACE One room to 2000 square feet. Parking sun or shade. Call Jim Wilson: Please support the American Foundation for Suicide Prevention Burlington County Bar Association member Lee Gronikowski has written a new country album titled, Those You Left Behind., Royalties from the sale of the album will be donated to the American Foundation for Suicide Prevention. the album is avaialble on AmazonMP3 and ITunes for $4.95 and can be found by searching Lee s last name on either site. Thank you for listening and for supporting a good cause. RUTGERS CAMDEN LAW SCHOOL HAS A PROGRAM FOR LAW FIRMS THAT NEED ADDITIONAL HELP BUT CANNOT HIRE A FULL-TIME CLERK The Per Diem Program will help match employers with Rutgers Camden Law School students, recent graduates or licensed attorneys who are available for temporary work at the following rates: $15.00 / hour for students $20.00 / hour for recent graduates and $25.00 / hour for admitted attorneys Firms may either Sign-up to receive the booklet of resumes and pick up the student, law graduate or per diem attorney best suited to the project, or Request the next available attorney, law graduate or student. Please fill out the form at to sign up for the program or to obtain more information.

8 FOUNDATION AWARDS GRANTS TO LOCAL HIGH SCHOOLS The Burlington County Bar Foundation recently awarded grants to three local high schools in support of their community service projects. The high schools community service groups submitted applications as well as a description of their proposed charitable endeavor. The grants were awarded as follows: First Place in the amount of $500 went to Lenape High School s Operation Santa which collects presents to distribute to the young people at the food pantry at the First Presbyterian Church in Mount Holly. Second Place in the amount of $300 went to Burlington Township High School s Project Linus which provides handmade blankets or afghans to children who are seriously ill. Third Place in the amount of $200 went to Lenape High School s Community Service Club, which recruits underclassmen into service projects such as work at local food banks, clean up at local parks, baking cookies for veterans, and more. Below is a picture of Burlington Township High School students working on blankets for Project Linus. With the Foundation s grant, Project Linus was able to purchase fabric and supplies to complete 54 blankets for seriously ill children. SPECIAL ANNOUNCEMENT FROM SOUTH JERSEY LEGAL SERVICES South Jersey Legal Services, Inc. is very pleased to announce that David Gladfelter, Esquire, who has been volunteering in the Burlington County office of SJLS for over ten years, has been awarded the Honorable Martin L. Haines Award this year by the Burlington County Bar Association. The award is given annually to an attorney or judge who best exemplifies and displays the qualities of Judge Haines - personal and professional integrity, devotion to the legal profession and legal scholarship, and dedication to the justice system and the people in Burlington County. It is the Association s highest award. David has handled approximately 500 cases for SJLS clients and has given over 7,800 hours of pro bono time. He has filed several appeals in the Appellate Division where he has either negotiated favorable settlements or won favorable decisions for his clients and those similarly situated. The Burlington County Bar Association will be hosting a dinner in March at the Doubletree Hotel in Mount Laurel to honor David. Details about the date, time, and cost of the dinner will follow. I hope that many from the legal services community will join us at this significant event. Douglas E. Gershuny, Esquire Executive Director South Jersey Legal Services, Inc. COMMUNITY RELATIONS COMMITTEE TO SPONSOR FREE SEMINAR FOR THE PUBLIC The Community and Public Relations Committee, Co-chaired by Joan M. Burke and Reema Hindawi Scaramella, is sponsoring a seminar for members of the public on Monday, March 19, 2012, from 5 7 p.m. at the Mount Holly Library located at 307 High Street, Mt. Holly. The seminar will discuss foreclosure and bankruptcy and foreclosure mediation. Presenters include Benjamin L. Dash, Andrew B. Finberg and Janet Sozio. The seminar is a new initiative and free program offered to members of the public made possible by the Community and Public Relations Committee of the Burlington County Bar Association, and the Mount Holly Library. THE STRAIGHT WORD FEBRUARY PAGE 8

9 CHILD SUPPORT AND PUBLIC BENEFITS BY THOMAS D. BEGLEY, JR., CELA THE STRAIGHT WORD - FEBRUARY 2012 PAGE 9 In any matrimonial action involving a child with disabilities who is to receive child support or a parent with disabilities who is to pay child support, certain issues must be considered. First, if the person is receiving benefits, the attorney must know whether the benefits are means-tested or not. A means-tested benefit has financial eligibility rules generally pertaining to income and assets. Means-tested public benefits include SSI, which is a monthly income benefit. For 2012, the maximum benefit for an individual is $729.25, including the New Jersey State Supplement. Medicaid is also means-tested. Medicaid provides medical services for persons who are financially eligible. Medicaid Waiver Programs provide additional medical benefits, generally focusing on home and communitybased services for financially eligible individuals. Federallyassisted housing provides housing to qualified persons. This is commonly called Section 8, and has no resource test but does have income limits. SNAP, formerly called Food Stamps, is a supplemental nutritional assistance program providing food vouchers for individuals. Eligibility is based on household income. There are other public benefits, such as SSDI and Medicare, which are not means-tested. There is also New Jersey Family Care, which is the State of New Jersey s version of Children s Health Insurance Program (CHIP). This is incomebased, but is not disability-based. If a child is under 18, the income and resources of the custodial parent are deemed to the child for purposes of determining SSI eligibility. Certain benefits, such as SSI, Medicaid, Medicaid Waiver Programs, Section 8 Housing, and SNAP have transfer of asset penalties. Other programs, such as SSDI, Medicare, and New Jersey Family Care, do not. If a child with disabilities is receiving child support, an analysis must be made as to whether a Special Needs Trust is required. Generally, if the child is receiving any means-tested public benefits including SSI, Medicaid, Medicaid Waiver, Federally-Assisted Housing, or SNAP, a Special Needs Trust should be considered. If the child is receiving SSDI, Medicare, or New Jersey Family Care, a Special Needs Trust would be unnecessary. Issue #1 Child Support to Child with Disabilities Let s first examine the situation where a child with disabilities is receiving child support. A child is an individual under 18 or under 22 attending school regularly who is not married or head of household. Child support payments are designed to meet the child s need for food and shelter. An absent parent is a parent who does not live in the same household as the child. Household status is deemed on the first day of the month. The custodial parent is the parent who has care, guardianship, or custody of the child. Generally, child support payments to a child with disabilities are considered unearned income and reduce the SSI payment dollar-for-dollar. Generally, unearned income reduces the SSI payment dollar-for-dollar after a $20 per month disregard. Once the child is an adult, the one-third exclusion no longer applies. If the absent parent moves back in with the child, the one-third exclusion no longer applies. In New Jersey, most Medicaid recipients receive Medicaid through their SSI payment. Approval of an application for SSI automatically includes approval of Medicaid. Until the child is an adult, one-third of the child support payment by an absent parent is excluded in determining the child s SSI benefit. Child support can take the form of cash or in-kind payments for food or shelter. However, in-kind payment that is not for food or shelter is not considered income to the child. For example, clothing is in-kind support, but does not reduce the SSI payment. In 1993, Congress authorized the establishment of Self-Settled Special Needs Trusts. If child support payments are irrevocably assigned to a Special Needs Trust, no part of the payment is considered as income to the child. The Court Order and the Trust must be reported promptly to the Social Security Administration and to the State Medicaid Agency. Child support clearly is an asset of the child with disabilities, so a First Party Special Needs Trust is required. Issue #2 Child with Disabilities Already Has a Special Needs Trust Let s suppose the child with disabilities already has a Special Needs Trust. Can the assets in that trust be counted as available to the child in determining the parent s child support obligation? If so, the child support obligation of the parent could be substantially reduced. A related issue is when does child support end? In New Jersey, a parent has a legal obligation to support a child with disabilities even after that child attains the age of majority. Issue #3 Parent Obligated to Make Child Support Payments is Beneficiary of Special Needs Trust The parent, under an obligation to make child support payments, is the beneficiary of a Special Needs Trust. Are the distributions from that trust on behalf of the parent with disabilities who is under an obligation to make child support payments counted as income for child support purposes? A Court in Pennsylvania has concluded that in the case of a father having a child support obligation who is also the beneficiary of a Self-Settled Special Needs Trust, the distributions from the special needs trust for the benefit of the father are to be considered the father s income for calculating his child support obligation. In an Ohio case involving the mother who had an obligation to pay child support and who was the beneficiary of a Self-Settled Special Needs Trust had a similar obligation. Con t on Page 13

10 If money is the mother s milk of politics, and who can doubt it if you are following the Republican Primary Campaigners, then referrals are the life s blood of a successful law practice. I, for one, am following the Republican Campaigners for the Presidential Nomination even though I am not behind any of them. I remember St. Stephen, my parochial school patron. He was the first one to be martyred for his Christian beliefs by being stoned to death while Saul (later St. Paul) was watching the cloaks of the persons who had stripped down for the task at hand. So to use the metaphor, I ll hold your coat so you can fight, I am enjoying the candidates throwing rocks at each other as they emphasize their Christian and conservative beliefs. Of course, Ron (not St.) Paul wavers between being a rock thrower and a coat holder; being a Libertarian he lets everyone do as they please. It is refreshing to see Republicans bashing each other and not Democrats. But, back to referrals; referrals are made because people like to share good experiences, like restaurants, books, medical services, etc. Referrals are accepted because we fear the unknown: Is the food/service good; will I enjoy reading it; does the doctor get you well quickly at a reasonable price? A famous lawyer once warned: Beware of your first client. Assume she is a waitress in need of a divorce. You have lots of time, you are eager to please, and you a do a good job. She, in turn, is pleased and wants to refer her friends. The problem is most of her friends are waitresses who also need/want a divorce. So referrals may define the nature of your practice forever. Referrals in this age of marketing should be sought after. The last letter you write to a client when closing the file should, among other things, after thanking him/her for the opportunity for being of service, say something like, We trust you were pleased with our services and we hope you ll return and refer others to us. It never hurts to ask! Speaking of thanks, do you write or call the person who has referred someone to you and thank them? The initial interview form in our office asks: Who referred you? Perhaps, even better, it might ask: Why did you choose our office? Many uses can be made of that information. Additionally, when first speaking to the prospective client, I always inquire about the referral source(s). It gives some insight about the client. I say sources because often more than one person has made the referral. Once I knew a man who worked at RCA in Moorestown during the week, but lived at home on Long Island during the weekend. He had an accident as he was returning to New Jersey on a Monday morning. The tow truck operator in Medford suggested he see me about his damages. When he got to Mt. Holly the Buick dealer at which his car was to be repaired, suggested he see his corporate lawyer, Frank Hartman. Finally, when he told his manager at Moorestown why he was late for work, the boss suggested he call a nice young lawyer who wrote his will last week for help. When the new client did call at noon, his comment was, I am not going to spend the day being referred to you by everyone I talk to. You can see I did not end up being divorce lawyer. Make sure your clients know all the areas of law you practice. Better yet, suggest that you can refer them to a lawyer who TRIVIA? / FORENSIC? BY: FRANK HARTMAN practices in an area that you do not. This will give you a chance to return, or earn, a referral from that attorney. Again, I had a client who was buying a home and was referred by a realtor. He seemed happy with the representation. However, when he had an accident a police officer had to refer him again. I asked him why he had not come in of his own accord and he said I thought you only did real estate. When the case concluded, he seemed pleased. Finally, after a police officer referred him for the defense of a traffic ticket, an inquiry about the need for a third referral elicited the same response, I did not know you handled personal injury suits. I almost screamed at him, We do everything! The best referrals come from other attorneys. It is flattering that they think well of your services. Also, often they have screened the facts and time is not wasted on an unproductive interview. Quite likely they qualified the client financially as well. So here is another reason to be active in the organized Bar; it expands your referral network. Remember to try and return the favor. It is not only common courtesy; it is good business. Moreover, it demonstrates you look favorably on the other lawyer s professional ability. By the way, do you know a good? PEACE When it comes to Alternative Dispute Resolution, there is no substitute for experience 16-Year Judicial Career Presiding Judge, Chancery Division and Probate Presiding Judge, Civil Division Superior Court of New Jersey, Camden County 26-Year Private Practice Successful litigator in a highly diversified practice Judge M. Allan Vogelson (Ret.) Mediation Arbitration Case Management Special Master Neutral UM/UIM Investigations Hearing Officer State and Federal Mediation and Arbitration Qualified VISION KNOWLEDGE RESULTS Contact M. Allan Vogelson, P.J.S.C. (Ret.) avogelson@parkermccay.com Mount Laurel, NJ Lawrenceville, NJ Atlantic City, NJ W W W. P A R K E R M c C A Y. C O M PROFESSIONAL OFFICE SPACE AVAILABLE BLASON PLAZA 505 S. LENOLA ROAD MOORESTOWN, NJ CONTACT - JOHN RAVIKIO THE STRAIGHT WORD FEBRUARY PAGE 10

11 THE STRAIGHT WORD FEBRUARY PAGE 11 OF COUNSEL OPPORTUNITY OFFICE FOR RENT FURNISHED RECEPTIONIST/CONFERENCE ROOMS CONVENIENT MT. LAUREL LOCATION rmjteg@netzero.net AFFORDABLE APPEALS Law Offices of Vincent J. Gaughan Welcomes Referrals of Appeals Family/Criminal/Civil Domestic Violence FRO Appeals from $1,500+ Municipal Court Appeals from $750 (609) Fax: (609) John A. Sweeney, A.J.S.C. (ret.) Government & Corporate Monitorships DAVID C. EPLER, ESQUIRE H IGH RIDGE MEDIATION CENTER dceplerlaw@aol.com PROVIDING FAMILY MEDIATION SERVICES Custody/Parenting Time Agreements Memoranda of Understanding Property Settlement Agreements Pre-Nuptial & Cohabitation Agreements 200 E. Eighth Street Florence, NJ Mediation & ALSO AVAILABLE TO ACT AS REVIEW ATTORNEY Cell: Fax: jsweeneylaw@comcast.net CORPORATE BUSINESS ATTORNEY Stark & Stark, a prominent New Jersey law firm, seeks an associate with 4 years experience for its expanding Corporate and Business Law Department at its office in Marlton. Admission to PA Bar, judicial clerkship experience and portable business a plus. Experience preferred in general Corporate and Commercial transactions, Business, Commercial and General litigation. Excellent academic record and writing skills required. Ideal candidate should project an image of confidence and business savvy. Please send resume and salary requirements to: STARK & STARK Bonnie Brenner, Director of Human Resources P.O. Box 5315, Princeton, New Jersey or via to : HR@stark-stark.com Qualified minorities, females, veterans and attorneys with disabilities are encouraged to apply. EEO

12 Classified American Investigative Services James F. Hansen Private Investigator Process Server 110 Threadleaf Terrace Burlington, New Jersey Fax Law Office of Vincent J. Gaughan, Esquire Accepting DYFS Title 9 and 30 Cases 24 Washington St., Suite 201 Mt. Holly, NJ (609) / Fax (856) MOORESTOWN MEDIATION CENTER, LLC DIVORCE MEDIATION SERVICES (856) Helping People to Resolve Their Differences CHRISTOPHER R. STOCKTON, ESQ. Experienced Matrimonial Attorney & Mediator Mediation of Economic & Parenting Issues N. CHURCH ST. MOORESTOWN, NJ THE STRAIGHT WORD FEBRUARY PAGE 12 A-1 COURIER SERVICE 24 HOURS ~ 7 DAYS ~ SAME DAY DELIVERY Process Service Available Now Offering document destruction/paper shredding PATENT & TRADEMARK SEARCHES With free legal opinion from in-house counsel Legal & Patent Search INVENTOR /Fax: or visit our web site PHOTOGRAPHY Photography for Civil and Insurance Cases. 45 Years of Law Enforcement Experience Contact: Stan Fayer or stanfayer@gmail.com Your face is my case Route 73 North Mount Laurel, NJ info@hawthorne-pub.com HELPING ATTORNEYS professionally & personally PAULA SUSAN, MSW, LCSW Relationship & Trauma Specialist Masters in Social Work & Psychology See PER DIEM & DIVORCE MEDIATION JENNIFER C. APELL, ESQ., LL.M Divorce Mediation - private and court appointed Per Diem includes: Motions, briefs, research, appearances, Family law, estates, wills, civil litigation, real estate, probate Former law clerk to Superior Court Judge Please call (856) & leave message OFFICE FOR RENT Office for rent, Haddon Hts, W.H.P. within 1 mile of Route 295, inc. 1 or 2 attys offices with adjoining secretarial office and work areas. Use of library (NJ Super, Reports, Digest, Statutes, etc.). Ample parking & storage. Call Jay Levin (856)

13 THE STRAIGHT WORD FEBRUARY PAGE 13 NOMINATIONS SOLICITED FOR BCBA BOARD OF TRUSTEES The election of officers and trustees of the Burlington County Bar Association will take place at the annual meeting in May The Nominating Committee is now accepting nominations and will submit a report to the Board of Trustees at their March meeting. Nominees must be active or emeritus members in good standing with the Burlington County Bar Association. The deadline for submissions is February 29, Positions open for nomination are: President-elect: Vice President: Treasurer: Secretary: Trustees (3): Young Lawyer Trustee: 1 year term 1 year term 1 year term 1 year term 3 year terms 2 year term 8 STEPS TO A PROSPEROUS SMALL FIRM PRACTICE Con t from page 5 you can take is to speak in front of an audience full of qualified prospects, those in need of your services. Compile an impressive press kit and send it along with a letter offering to speak at upcoming meetings and events. Increase the promotional value by including not only your current bio with headshot but article reprints which demonstrate your expertise in the respective area. It doesn t get much better than this to cultivate contacts with prospects. Follow Up, Execute, Repeat. None of the high impact and economical marketing tactics outlined above will work to grow your practice if there is not consistent, persistent follow up and execution. As I repeatedly emphasize to clients, it is better to execute consistently on a few strategic initiatives than to over commit and fall short in the execution. Evaluate your time management skills, assess your delegation skills, and schedule conferences with yourself to ensure deadlines and commitments are met, just like you do with client work. In the long term, what is more important than investing in your own practice? Keep that in your sights and a prosperous 2012 will be yours. Kimberly Alford Rice is Principal of KLA Marketing Associates ( a business development advisory firm focusing on legal services. As a law marketing authority, Kimberly helps law firms and lawyers develop practical business development and marketing strategies which lead directly to new clients and increased revenues. Additionally, Kimberly provides career management services to lawyers in transition. She may be reached at or via at kimberly@klamarketing.net. CHILD SUPPORT AND PUBLIC BENEFITS Con t from page 9 Issue #4 Distributions from Self-Settled Special Needs Trust made to Pay Child Support Obligation Can distributions be made from a Self-Settled Special Needs Trust established for the benefit of the parent having an obligation to pay the child support obligations? A dad with disabilities is the beneficiary of a Self-Settled Special Needs Trust. He has child support obligations to a healthy child. Can distributions be made from Dad s Self-Settled Special Needs Trust to satisfy those child support obligations? Currently, the Social Security Administration takes the position that a distribution from a Self- Settled Special Needs Trust to pay child support obligations violates the sole benefit of rule. An argument can be made that if the parent does not satisfy his child support obligations, he could be held in contempt of court and that the distribution, therefore, does benefit the parent. Eric Skidmore of the Social Security Administration has indicated that SSA currently has this issue under review. Issue #5 Assets in Self-Settled Special Needs Trust Subject to Claims of Child Support Are assets in a Self-Settled Special Needs Trust subject to claims of child support? A Self-Settled Special Needs Trust is, by definition, a Self-Settled Trust. Generally, except in states having Domestic Asset Protection Trust legislation, assets in a Self- Settled Special Needs Trust are not protected from claims of creditors notwithstanding any spendthrift provisions in the instrument. Whether an obligation for child support can be asserted against the assets of a Self-Settled Special Needs Trust remains an open question. Issue #6 Parent Obligated to Pay Child Support Subsequently Establishes Special Needs Trust for Child with Disabilities An issue arose as to whether the creation of a Special Needs Trust can justify the elimination of the obligation to pay child support to the primary residential parent of the special needs child. The Division held that despite the purpose of the Special Needs Trust (entitlement to governmental benefits for the son), Plaintiff had already entered into a Property Settlement Agreement with the full understanding of the son s needs and with the further understanding that his day-to-day needs would be provided by the father through child support. The father, who was financially sound, understood that he would remain responsible for the cost of the son s special education, as well as the retention of a large life insurance policy. It was held that the parties could have established the Special Needs Trust in the Property Settlement Agreement, but chose not to. The facts and circumstances had not been altered such that there were changed circumstances sufficient to warrant a finding that the Property Settlement Agreement was unfair or unjust.

14 Marlton, Mt. Holly, Northfield & Vineland GERROW COURT REPORTING, LLC CERTIFIED COURT REPORTERS COMPLIMENTARY: *E-Transcript with word indexing * Minuscripts with word indexing * No Extra Charge for Experts or Traveling * Conference room available Videotaping; Interpreters arranged 1101 LAUREL OAK RD., STE. 110 VOORHEES, NJ PHONE: FAX: gerrowreporting@verizon.net Credit Cards Accepted THE STRAIGHT WORD FEBRUARY PAGE 14 COMMERCIAL REAL ESTATE & APPRAISING OFFICE SPACE AVAILABLE BURRS ROAD OFFICE CENTER 101 Burrs Road, Westampton Township, NJ: 6000 sq. ft. office suite with parking and 1875 sq. ft. finished law office with parking Available June 2012 Near Exit 5 of NJ Turnpike and Route 295. FOR LEASE: Up to 3,000 Sq. Ft. Route 38 Hainesport, NJ FOR SALE: Mount Laurel, NJ Texas Ave & Elbo Lane; 2.1 acres commercial w/house FOR SALE OR LEASE: Mount Holly, NJ; Professional Office condos on High St., Lawyer s Row FOR LEASE: 2 separate office suites on Woodlane Rd., Westhampton Twp sq. ft. each FOR LEASE: Single or multiple professional offices; beautiful historic office building in Mount Holly. BUILT TO SUIT: 13,000 Sq. ft. office Route 38, Lumberton, NJ FOR LEASE: Mout Holly 1800 sq. ft. detached office buidling close to County building with plenty of parking. CALL TERRA ASSOCIATES (609) Vacancy Burlington County Bar Association ROOMS AVAILABLE Depositions/Mediations/Meetings We have two rooms available, conveniently located just steps away from the courthouse with parking. Call Hanna at Bar Headquarters for availability and pricing Members receive a special rate.

15 THE STRAIGHT WORD FEBRUARY PAGE 15 DATE/TIME STAMP GPS COORDINATES VERIFICATION Dated. Time Stamped. GPS Coordinates. Verified. If your process server got these, got the wrong process server. Subpoena Service, Inc. Anywhere in the U.S.A. 1800PROCESS info@served.com [fax]

16 The Straight Word Burlington County Bar Association 45 Grant Street Mount Holly, New Jersey PRSRT STD US Postage PAID Cherry Hill, NJ Permit No. 298 THE OLD COURT HOUSE 1796