A M E S S A G E F RO M O U R P R E S I D E N T M A T T H E W J . R O B I N S O N , E S Q U I R E

LATE SUMMER 2018

2017-2018 Officers

Matthew Robinson President

Deana Walsh President Elect

Charles Coant VP of Fundraising

Henry Zerella Treasurer

Elizabeth Vogelsong Secretary

Board of Trustees

Kim Barfield

Tariq Chaudhri

Ashley Courtney

Abigail Holmes

Anthony Imbesi

David Weber

Jr. Trustee

Andre Araujo

Sr. Trustee

Arnold Robinson

NJSBA Trustee

Justin R. White

Immediate Past President

Krisitin J. Eisenhardt

Foundation Trustees

Isabella Garofola

William Gilson

Theodore Ritter

Exectutive Director

Carol Walker

ET SEQ. MARK YOUR CALENDARS

9/4 Opening of the Courts

10/11 Statewide Professionalism

Luncheon

10/18 Professionalism Day

As the Summer ends and my term begins, I would again like to thank the CCBA for the opportunity to serve as your President. I look for-ward to continuing the level of success that was established by my Past President and I appreciate the attendance at the installation dinner. It was a heartening reminder of the level of volunteerism we enjoy in our County Bar.

This year the CCBA will seek to increase participation, maintain fi-nancial stability, and grow the services offered to our members. Perhaps the most exciting development has been the continued push to obtain CLE self-accreditation. With that, not only can the CCBA offer CLEs at dis-counted rates to our members, but also provide presenter openings, in-crease local choices for live credits, and enhance our membership participa-tion. Our expectation is to have at least two new CLE offerings in the Fall of 2018.

I would next like to thank everyone who was able to attend the Phil-lies game on August 18th. We had 45 attendees and while the weather was-n’t perfect, it certainly was a fun time had by all – especially our members who are fans of the Mets.

I hope to see everyone at the Opening of the Courts ceremony scheduled for September 4th. It will be my honor at that event to award Vincent Pancari, Esq. the CCBA 2018 Distinguished Service Award. This is an award bestowed upon an attorney who has been an active member of the CCBA for at least 25 years, contributed to the betterment of the Associa-tion, and remained an active participant throughout.

Next, with this year's Professionalism Day to be held on October 18th, I am pleased to announce that I have named Theodore Baker, Esq. the 2018 Cumberland County Professional Lawyer of the Year. This award is given to the attorney who throughout his or her career has steadfastly up-held the Rules of Professional Conduct. Ted has been such a pillar of our legal community and the height of professionalism. I personally have dealt with Ted on numerous cases and have learned a great deal from him. Ted will be honored on October 11th at the statewide professionalism luncheon in Edison, NJ.

As the Court year begins, my hope is that I can be a resource for the members of the CCBA during my term. Feel free to call or email me with any bar related concerns, comments, or questions. I look forward to seeing all of you at our upcoming events.

Thank you,

Editor: Beth White, Esq.

2

MOMMA BEARISTER

Looking for fun activities to do with your kids and/or grandkids in and around Cumberland County? Looking for a place to commiserate with other attorney moms and dads? Then check out Momma Bearister on Facebook.

https://www.facebook.com/MommaBearister/

Hoping to build a community of Mommas, Papas and Cubs! MB is based in Cum-berland County, NJ so most of the activities posted and set up by MB will be in that area. Please feel free to share with friends - the more the merrier! You are wel-come to post your events and activities to the page as well! Thanks again!

MANDATORY ARBITRATOR RE-TRAINING

The Cumberland County Arbitration Selection Committee would like to remind everyone

that the last mandatory re-training for Superior Court Arbitrators is December 17,

2018. The training is being conducted by the Middlesex County Bar Association, 87

Bayard Street, New Brunswick, New Jersey 08903, from5:00pm to 7:00pm. Please con-

tact Barbara Trzaska at 732-645-4300 x88164 to reserve your spot. Please remember

that if you do not complete the Arbitration re-training course, you will be removed from the

Arbitration roster and will be unable to serve as a Superior Court Arbitrator beginning Janu-

ary 2019. If you have questions, please contact the Cumberland County Arbitration Admin-

istrator, Erica Poloff, at 856-453-4358, or the Chair of the Arbitration Selection Commit-

tee, Michael Gaffney, Esquire, at 856-691-2500.

Thank you:

Michael Gaffney (856) 691-2500

3

LAWYER OF THE MONTH

August 2018

NAME: Ashley Courtney

FIRM: South Jersey Legal Services

AREAS OF PRACTICE: General Practice

Do you have any “guilty pleasure” TV shows? Anything on Bravo, Outlander and The

Crown.

If you could have any superpower, what would you choose? Time Travel

If you wrote a memoir/biography, what would the title be? I have absolutely no idea; I

doubt that I am that interesting to even write a memoir!

What is your spirit animal? Dog

Lawyer of the Month is selected by the Board of Trustees to honor a member of our association who has

gone above and beyond in service to the Bar and/or community within the past month.

Ashley is new to the Board of Trustees this year. She

brings a fresh perspective to our charitable efforts.

We are excited to have her join us in this role and we

look forward to working with her for many years to

come!

4

VINCENT J. PANCARI

TO RECEIVE THE CUMBERLAND BAR

DISTINGUISHED SERVICE AWARD

When the Cumberland County Bar Association established its Distinguished Service

Award in September, 1986, the Bar Trustees announced the following criteria:

1. A member of the Association for a minimum of 25 years. 2. Must have actively worked

on behalf of the Association throughout his or her career. 3. Has significantly contributed

to the betterment of the Association and its members. 4. Has actively and continuously

participated in Association activities.

On September 4, 2018, Vincent J. Pancari will receive the award during the 2018

Opening of the Courts ceremony.

Vincent graduated from Vineland High School in 1960. He next attended LaSalle

College, and spent his sophomore year studying at the University of Fribourg in Switzer-

land. He then attended the University of Maryland School of Law from which he graduated

in 1967.

His first job was with Halpin & Bailey where he learned, as soon as he passed the

Bar, that you were expected to immediately start trying cases. In 1969, Vince became the

Deputy Public Defender for Cumberland, Salem and Cape May Counties, a job that he

held for 15 years.

So, after the implementation of New Jersey's trial certification program, Vince sat

for the required examinations and became certified as both a civil and criminal trial attor-

ney. He continues to hold both certifications.

He is a past President of the Cumberland County Bar Association, past Chair of the

County Judicial and Prosecutorial Appointments Committee, was Cumberland Bar's repre-

BA R SN I PPE T S— FROM THEOD OR E H. R I T TER ,

C U M B E R L A N D C O U N T Y B A R A S S O C A I T I O N H I S T O R I A N

5

sentative to the State Bar Association Judicial and Prosecutorial Appointinents Committee

and is a member of the State Bar Foundation.

He has served, over the years, as the Secretary of the District I Fee Arbitration Com-

mittee and to the Cumberland County Ethics Committee. He was a Master in the Camden

County Inns of Court during that organization's early years.

Vince received the Cumberland County Professional Lawyer of the Year Award in

2000.

He has been married to his wife, Peggy for 24 years. They have one daughter and

three grandsons.

The Distinguished Service Award is bestowed periodically rather than annually. Over

the last 32 years, the award has been presented seven times. Prior recipients are:

Samuel Adler (Posthumously) - January 28, 1987 Keron Chance – September 28, 1988

Stanley S. Brotman - November 29, 1990 Jay H. Greenblatt - November 24, 1992 Philip L.

Lipman - March 31, 1998 Theodore H. Ritter - January 25, 2011 and Philip A. Gruccio - No-

vember 18, 2014.

Our members congratulate Vince and thank him for his outstanding service to our

Bar Association.

6

COMPARE

Arbitration Awards & Jury Verdicts

VICINAGE XV

May 2018

(*filed De Novo)

AUTO NEGLIGENCE

Small v Palese Jury Trial Samuel J. Ragonese, J.S.C.

GLO-L-1302-15

Pf Atty: Edward Simpson, Esquire

Df Atty: John Dingle, Esquire

Date(s) : 4/28, 5/1/2018

Verdict : $130,000 for Pf Michael Small; No Cause for Action for Pf Selene Small

Award: $141,500 D*

BOOK ACCOUNT

Puff & Cockerill v. Barbera, Jr. Bench Trial Jean B. McMaster, J.S.C.

GLO-L-1668-15

Pf Atty: Christine Cockerill, Esquire

Df Atty: Scott Marcus, Esquire

Df pro se: Carmen Barbera, Jr.

Df pro se: Jennifer Kelly

Date(s) : 5/1, 5/2 & 5/7/2018

Verdict : Settled during for $130,000 for Df Carmen Barbera, all other Df dismissed

CONTRACT

Cuevas v. Gonzales Bench Trial Mark Cimino, J.S.C.

CUM-L-175-17

Pf Atty: Matthew Trella, Esquire

Df pro se: Gonzalo Gonzales

Date(s): 5/22/2018

Verdict: No Cause

DEFAMATION

Matos v. Byrd Jury Trial Darrell M. Fineman, J.S.C.

CUM-L-757-16

Pf pro se: Shawn Matos

Df Atty: Joseph Nicola, Esquire

Date(s): 5/14, 5/15, 5/16 & 5/17/2018

Verdict: Settled during

7

OTHER

Hayes-Scharon v. Ziglar Bench Trial James R. Swift, J.S.C.

CUM-L-585-17

Pf pro se: Ida-Hayes-Scharon

Df Atty: John Morris, Esquire

Date(s): 5/29/2018

Verdict: Memorandum decision was written

PERSONAL INJURY

Arkins v. Gregory Jury Trial Samuel J. Ragonese, J.S.C.

GLO-L-618-16

Pf Atty: Stephen Guice, Esquire

Df Atty: Joseph Ruth, Esquire

Date(s): 5/4/2018

Verdict: Settled during $62,000 for pf

Award: $125,000 D*

PREROGATIVE WRIT

Calvo v. Borough of Newfield Planning Board Bench Trial Benjamin C. Telsey, A.J.S.C.

GLO-L-1398-15

Pf Atty: Nathan Van Embden, Esquire

Df Atty: Michael Borelli, Esquire & Steven Fabietti, Esquire

Dates(s): 5/2/2018

Verdict: Remanded back to Board for further deliberations

TOXIC TORT

Middlesworth v. The County of Atlantic Jury Trial James R. Swift, J.S.C

CUM-L-855-10

Pf Atty: Stephen Barry, Esquire

Df Atty: Timothy Crammer, Esquire

Date(s): 5/7, 5/9, 5/10, 5/14, 5/15, 5/16, 5/17, 5/21, 2/22, 5/23, & 5/24/2018

Verdict: No Cause

If you like Pina Coladas, and getting caught in the rain If you´re not into yoga, if you have half a brain

If you like making love at midnight, in the dunes of the cape I´m the love that you´ve looked for, write to me, and escape

8

COMPARE

Arbitration Awards & Jury Verdicts

VICINAGE XV

June 2018

(*filed De Novo)

AUTO NEGLIGENCE

Love v. Houser Jury Trial Timothy W. Chell, P.J.Cv. GLO-L-1460-16

Pf Atty: Christopher Green, Esquire

Df Atty: Michael Lewis, Esquire

Date(s) : 6/4 & 6/5/2018

Verdict : No Cause for Action

Award: $12,500 D*

Smith v. Abbott Jury Trial Jean B. McMaster, J.S.C. GLO-L-405-16

Pf Atty: William Popjoy, Esquire

Df Atty: Queen Stewart, Esquire

Date(s): 6/4, 6/5, 6/6/2018

Verdict: No Cause for Action

Award: $90,000 D*

CONTRACT

Pellegrino Muller v. Fred Allen Builders Bench Trial Jean B. McMaster, J.S.C. GLO-L-289-16

Pf Atty: Ronald Sierzega, Esquire

Df pro se: Jeff Sands

Date(s): 3/19/2018 Bench Trial; 6/15/2018 Proof Hearing

Verdict: $206,464.71

Patton v. Allstate NJ Insurance Co. J ury Trial Samuel J. Ragonese, J.S.C. CUM-L-888-16

Pf Atty: Dave Bergstralh, Esquire

Df Atty: David Dering, Esquire

Date(s): 6/18 & 6/19/2018

Verdict: No Cause for Action

9

PERSONAL INJURY

Bailey v. Burger King Jury Trial Darrell M. Fineman, J.S.C. CUM-L-395-16

Pf Atty: Lee Hughes, Esquire

Df Atty: Jessica Adams, Esquire

Date(s): 6/11 & 6/12/2018

Verdict: No Cause

Award: $120,000 gross/$60, 000 net D*

Santana v. Szwajkowski Jury Trial James R. Swift, J.S.C. CUM-L-707-15

Pf Atty: Vincent Pancari, Esquire

Df Atty: Anthony Young, Esquire & Charles Daley, Esquire

Date(s): 6/11 & 6/12/2018

Verdict: No Cause

Award: $80,000 D*

TORT

Granato v. Rita’s Development Corp. Bench Trial Timothy W. Chell, P.J.Cv. GLO-L-965-16

Pf Atty: Neil Sternstein, Esquire

Df Atty: Joel Schwartz, Esquire

Date(s): 6/25 & 6/26/2018

Verdict: Settled during (partially tried) Award: $12,150

UM/UIM

Ross v. High Point Property Casualty Jury Trial Samuel J. Ragonese, J.S.C. GLO-L-106-16

Pf Atty: Mark Nathan, Esquire

Df Atty: Emma Bradley, Esquire

Date(s): 6/4 & 6/5/2018

Verdict: No Cause for Action

Yes, I like Pina Coladas, and getting caught in the rain I´m not much into health food, I am into champagne

I´ve got to meet you by tomorrow noon, and cut through all this red tape At a bar called O'Malley's, where we´ll plan our escape

10

COMPARE

Arbitration Awards & Jury Verdicts

VICINAGE XV

July 2018

(*filed De Novo)

AUTOMOBILE NEGLIGENCE

Brown v. Glassman Jury Trial Jean B. McMaster, J.S.C. GLO-L-1174-16

Pf Atty: Michael Gallagher, Esquire

Df Atty: Sean DelDuca, Esquire

Date(s) : 7/23 & 7/24/2018

Verdict : No Cause for Action

Award: None P* (lack of evidence presented to establish liability)

Schulze v. Rappleye Jury Trial Timothy W. Chell, P.J.Cv. GLO-L-613-16

Pf Atty: Paul Santengini, Esquire

Df Atty: Edward Costello, Esquire

Date(s): 7/30 & 7/31/2018

Verdict: Partially Tried (Settled during trial in the amount of $45,000)

Award: $48,500 D*

Parker v. Miller Jury Trial James R. Swift, J.S.C. CUM-L-121-16

Pf Atty: Paul O’Recchia, Esquire

Df Atty: Steve Antinoff, Esquire

Date(s): 7/9, 7/10 & 7/11/2018

Verdict: No Cause

Award: No Cause P*

Griffith v. Guzman July Trial James R. Swift, J.S.C. CUM-L-20-16

Pf Atty: Scott McKinley, Esquire

Df Atty: Charles Blumenstein, Esquire

Date(s): 7/30 & 7/31/2018

Verdict: No Cause

Award: $32,500 D*

LEMON LAW

Ballurio v. FCA US Jury Trial Jean S. Chetney, J.S.C. CUM-L-831-16

Pf Atty: Danny Kellner, Esquire

Df Atty: Douglas Suplee, Esquire

Date(s): 7/9 & 7/10/2018

Verdict: $7,884.52 favor of Pf Award: No Cause P*

11

NOTICE TO THE BAR ADDING P-SYNCH AS INFORMATION

SECURITY MEASURE FOR JUDICIARY WEB-BASED APPLICATIONS -- ECOURTS, ECDR, ETRO, EJOC, EVNF, EM, MACS, DVCR, AND

ATTORNEY REGISTRATION

This notice is to advise that the New Jersey Judiciary is implementing an addition-al information security measure for those individuals who use Judiciary web-based applications, in particular, attorney registration, eCourts, eCDR, eTRO, JOC, VNF, EM, MACS, and DVCR. The new security requirement - password synchroniza-tion or p-synch – will require users to electronically reset their passwords every 90 days.

This requirement is being added to ensure that our systems and data are protected and secure consistent with industry security standards (National Institute of Stand-ards and Technology Cybersecurity Framework (NIST CSF)). P-synch will be available to users of these applications as of August 13, 2018. All users must com-plete an initial update of their password through p-synch no later than October 14, 2018 at 5pm to avoid disruption in accessing the Judiciary's applications. Users must select passwords that are no more than eight (8) characters long and contain at least one capital letter, one lower case letter, one numeral, and one of the enu-merated special characters.

Additionally, this policy change will require that each user choose and answer three personal security questions that will later allow the user to reset their own password should their account become disabled, for example, because of an ex-pired password. The answers to the three security questions should be kept confi-dential in order to reduce the risk of unauthorized access and allow for most pass-word resets to be done electronically. This new measure should allow user to reset their password by themselves and call the New Jersey Judiciary Help Center only when necessary, Detailed instructions on how to complete the required changes will be posted on the Superior Court Clerk's Office web page.

For additional information, please contact Michelle M. Smith, Clerk of the Superi-or Court, at michelle.smith@nicourts.gov or (609) 815-2900 ext. 54200.

Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: August 13, 2018

12

NOTICE TO THE BAR

SPECIAL CIVIL PART - AMENDMENTS TO RULES

APPENDICES

VI, XI-G, XI-E, AND XI-F AND NEW APPENDIX XI-ZAS INCLUDED IN THE OMNIBUS RULE

AMENDMENT ORDER

In its July 27, 2018 Omnibus Rule Amendment Order, the Su-preme Court approved amendments to the following Appendices to the Rules of Court to be effective September 1, 2018:

1. Appendix VI (“Notice to Debtor”) and Appendix XI-G ("Warrant of Removal"). The Notice to Debtor and Warrant of Removal forms used by Sheriffs or Special Civil Part Court Officers have been updated to include a Spanish translation.

2. Appendix Xl-E ("Answer - Auto") and Appendix XI-F (“Answer - Contract"). The two Special Civil Part Answer forms have been amended to incorporate additional affirmative defenses.

The Omnibus Rule Amendment Order also includes a new Rules Appendix XI-Z, "Answer with Counterclaim, Cross-claim and/or Third Party Complaint," to be effective September 1, 2018. This new Special Civil Part form includes a cross-claim, counterclaim and/or third party complaint with the answer.

Questions regarding these Rules Appendices may be di-rected to Lloyd Garner, Chief, Special Civil Part Services, by phone at 609-815-2900, ext. 54900 or by email to

Lloyd. Garner@njcourts.gov.

Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: August 20, 2018

13

NOTICE TO THE BAR

STATUS OF

CIVIL PRACTICE COMMITTEE'S PROPOSED

RULE ON MOTION IN LIMINE PRACTICE

In its 2016-2018 Report, the Supreme Court Civil Practice Committee recommended adoption of a new Rule 4:25-8 to address motion in limine practice. This proposed new rule as submitted by the Practice Committee was intended to regularize the practice, define the obligations of the bar, and promote earlier preparation, discussion of issues and settlement of cases. The Court determined not to act on the proposed rule during this rules cycle, but rather re-ferred it back to the Civil Practice Committee for further study. Once the Practice Committee has completed that ad-ditional process, it will submit a revised proposal to the Court.

Questions regarding this notice may be directed to Tairon-da E. Phoenix, Assistant Director for Civil Practice, by phone at 609-815-2900, ext. 54900 or by email to Tairon-da.Phoenix@njcourts.gov.

Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: August 20, 2018

14

We are still taking Ads to be published in the Et Seq. All payments are due

prior to the posting.

Quarter Page $25.00 per issue

Half Page $50.00 per issue

Full Page $100.00 per issue

Discounts are available for multiple month postings: 10% off for 3 months, 15% off for 6 months and

20% off for a full year. Please note that there is no Et. Seq. published in July or August.

DO YOU HAVE A VACATION RENTAL ? DO YOU HAVE EXTRA OFFICE SPACE? ADVERTISE HERE.

ADVERTISE IN THE ET SEQ.

15

ATTENTION ATTORNEYS! HELP PROVIDE EQUAL JUSTICE TO THOSE WHO NEED IT.

Volunteer attorneys are always needed and appreciated in our 9 county service area through the SJLS Private Attorney Involvement Program (PAI). Below are current volunteer attorney opportuni-ties (projects operate in all 9 counties unless indicated otherwise) – get involved today! If you would like to share your time and expertise while earning Madden credits, please contact Michelle T. Nuci-glio, Esquire, SJLS Director of Pro Bono Services, at 856-964-2010 ext. 6229 or at MNuciglio@lsnj.org or Kristine M. Carranceja-Gurski, Esquire, SJLS Assistant Pro Bono Coordi-nator, at 732-414-6750 ext. 6516 or atKCGurski@lsnj.org (for Monmouth and Ocean counties).

The Pro Bono Bankruptcy Project refers bankruptcy cases in two ways (1) through our joint pro-gram with the bankruptcy bench/bar and Rutgers Law School in Camden where attorneys work with law students to help our clients file for Chapter 7 and (2) through individual referrals directly through SJLS, outside of the Rutgers Project. PAI works with the clients prior to making any referral to get much of the necessary document gathering done before the file is referred. Attorneys are currently needed for the Fall 2018 semester for the Rutgers Project.

To participate in The Divorce Project, a client must be seeking dissolution of the marriage only. There can be no asset or debt issues and child support and/or custody must already be established by court order (the client must provide the orders to PAI prior to referral).

The SJLS Guardianship Project for Children helps parents obtain guardianship over their disa-bled children who will soon be 18. These are uncontested guardianships only. Available to residents of Atlantic, Burlington and Cape May counties.

The Family Assist Project provides 30-minute advice consultations to individuals in need of family law advice in Atlantic, Burlington, Camden, Gloucester and Ocean counties. Attorney obligation is limited to the 30-minute consultation only.

The Expungement Project helps individuals who need expungements. The attorney receives, at a minimum, the client’s New Jersey Criminal Background history.

The Children’s Supplemental Security Income (SSI) Project assists children who have been de-nied disability benefits. This Project was started in 2006 and has resulted in over 150 favorable deci-sions for children in New Jersey and their families. Attorneys willing to review cases for advice only are also welcome.

The benefits of taking a case for pro bono representation include malpractice insurance provided by SJLS for the duration of the case, time towards satisfaction of your annual Madden requirement, confidence that your time and efforts go to a deserving, low-income client and the knowledge that you have made a difference in the life of an indigent New Jersey resident.

16

OFFICE SPACE FOR RENT

Looking for a lawyer tenant for rear office suite (approximately1000 square feet)

in law office building located at

1063 East Landis Ave., Vineland.

Please respond to (609) 501-7421.

So I waited with high hopes, then she walked in the place I knew her smile in an instant, I knew the curve of her face

It was my own lovely lady, and she said, "Oh, it´s you" And we laughed for a moment, and I said, "I never knew"

"That you liked Pina Coladas, and getting caught in the rain And the feel of the ocean, and the taste of champagne

If you like making love at midnight, in the dunes of the cape You´re the love that I´ve looked for, come with me, and escape"