17
A MESSAGE FROM OUR PRESIDENT B ETH W HITE , E SQUIRE JUNE 2017 2016-2017 Officers Beth White President Kristen Eisenhardt President Elect Matthew Robinson VP of Fundraising Deana Walsh Treasurer Charles Coant Secretary Board of Trustees Chad Davis Amy DeNero Michael Ostrowski Elizabeth Vogelsong Matthew Weng Henry P. Zerella Jr. Trustee Anthony Imbesi Sr. Trustee Bonnie Laube NJSBA Trustee Michael Testa, Jr. Immediate Past President Justin White ET SEQ. MARK YOUR CALENDERS JUNE 15TH Installation Dinner for Incoming President Kristin Eisenhardt at the Bait Box 29thRetirement Dinner for Judge Georgia M. Curio, AJSC At Auletto Caterers As lawyers we see the world a certain way everything is a gray area. Its not that we seek to be contrary or argumentative, but we have spent many hours (and many dollars) training our minds to take nothing at face value and to always look deeper. I came across a book of lawyer jokes and anecdotes I was given upon my graduation from law school. In reading some of the “strange but true” laws listed in the book, I found this gem. It is unlawful in Cushing, Oklahoma, to drink beer while in your underwear. Based on the rest of the book (which doesn’t really paint lawyers in a great light) this is included to highlight the ridiculous- ness of the law. And the reaction this law got from my non-lawyer friends was to simply say, “well, that’s stupid.” But is it? Is it? While I know little of Oklahoma beyond that I’ve heard the “wavin’ wheat can sure smell sweet when the wind comes right be- hind the rain”, I am not quick to say this is a stupid law. I suspect many a fra- ternity man could elaborate as to why it has merit. And, my initial reaction was to wonder, what happened while someone was drinking beer in their un- derwear that warranted a law prohibiting it? I bring this law and the reactions from lawyers and non-lawyers to your attention to highlight the ongoing issue of amendments to the Rules of Profes- sional Conduct which were discussed/debated at the American Bar Associa- tion’s Mid-Year Meeting. As elaborated upon by my predecessor, Justin, dur- ing his Presidency, these changes would allow non-lawyers to be involved in legal representation. Non-lawyers do not view the world in the way that is essential to pro- vide the public with appropriate legal representation. Though we have heard it often offered as a defense by a pro se, “that’s stupid,” when arguing against a law, will never carry the day in court.

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Page 1: ET SEQ. - Cumberland County Bar Association & Foundationccnjbar.org/images/pdfs/etseq_june2017.pdfPictured: (l-r) Rosypal, Lynn Sungenis and Flo Gilson Photo credit: Justin Odendhal,

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

JUNE 2017

2016-2017 Officers

Beth White President

Kristen Eisenhardt President Elect

Matthew Robinson VP of Fundraising

Deana Walsh Treasurer

Charles Coant Secretary

Board of Trustees

Chad Davis

Amy DeNero

Michael Ostrowski

Elizabeth Vogelsong

Matthew Weng

Henry P. Zerella

Jr. Trustee

Anthony Imbesi

Sr. Trustee

Bonnie Laube

NJSBA Trustee

Michael Testa, Jr.

Immediate Past President

Justin White

ET SEQ. MARK YOUR CALENDERS

JUNE

15TH – Installation Dinner for

Incoming President Kristin

Eisenhardt at the Bait Box

29th– Retirement Dinner for

Judge Georgia M. Curio, AJSC

At Auletto Caterers

As lawyers we see the world a certain way – everything is a gray area. Its

not that we seek to be contrary or argumentative, but we have spent many

hours (and many dollars) training our minds to take nothing at face value and

to always look deeper.

I came across a book of lawyer jokes and anecdotes I was given upon

my graduation from law school. In reading some of the “strange but true”

laws listed in the book, I found this gem. It is unlawful in Cushing, Oklahoma, to

drink beer while in your underwear. Based on the rest of the book (which doesn’t

really paint lawyers in a great light) this is included to highlight the ridiculous-

ness of the law. And the reaction this law got from my non-lawyer friends was

to simply say, “well, that’s stupid.”

But is it? Is it? While I know little of Oklahoma beyond that I’ve

heard the “wavin’ wheat can sure smell sweet when the wind comes right be-

hind the rain”, I am not quick to say this is a stupid law. I suspect many a fra-

ternity man could elaborate as to why it has merit. And, my initial reaction

was to wonder, what happened while someone was drinking beer in their un-

derwear that warranted a law prohibiting it?

I bring this law and the reactions from lawyers and non-lawyers to your

attention to highlight the ongoing issue of amendments to the Rules of Profes-

sional Conduct which were discussed/debated at the American Bar Associa-

tion’s Mid-Year Meeting. As elaborated upon by my predecessor, Justin, dur-

ing his Presidency, these changes would allow non-lawyers to be involved in

legal representation.

Non-lawyers do not view the world in the way that is essential to pro-

vide the public with appropriate legal representation. Though we have heard it

often offered as a defense by a pro se, “that’s stupid,” when arguing against a

law, will never carry the day in court.

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2

Chief Justice Names Judge Benjamin C. Telsey Assignment Judge

of Gloucester/Cumberland/Salem Vicinage

Chief Justice Stuart Rabner today announced that Superior Court Judge Benjamin C. Telsey will lead the

Gloucester/Cumberland/Salem Vicinage, effective July 1. Telsey will succeed Assignment Judge Georgia M. Cu-

rio, who is retiring after 22 years on the bench and 12 years as assignment judge.

“Judge Curio has served her vicinage, and the entire legal system, with remarkable distinction for more

than two decades,” Chief Justice Rabner said. “Her leadership and sage advice have enhanced our system of jus-

tice.” “Judge Telsey is a talented jurist and an innovative administrator who has done an outstanding job leading

the vicinage’s criminal division. His leadership has been particularly instrumental during the implementation of

Criminal Justice Reform, which required great collaboration and communication across three counties.”

Telsey has served as the presiding judge of the vicinage’s criminal division since August 2015. He is the

criminal presiding judge liaison to the State Domestic Violence Working Group. From November 2011 until Au-

gust 2015, Telsey served as presiding judge of the vicinage’s family division.

“I want to thank the Chief Justice for his confidence in me and thank Judge Curio for the guidance and sup-

port she has shown me over the years,” Judge Telsey said. “I am excited to lead a group of extremely hardworking

judges and staff in Gloucester, Salem and Cumberland counties.”

Telsey was appointed to the bench by Gov. Jon Corzine and took the oath of judicial office on Dec. 20,

2007.

Prior to his judicial career, Telsey served as a solicitor and public defender for a number of municipalities and gov-

ernment agencies in Salem County.

A 1990 graduate of Rutgers University, Telsey earned his law degree from Widener University School of

Law in 1993. He lives in Pilesgrove, Salem County with his wife and three children.

The NJSBA now Immediate Past President, Tom Prol, gave testimony to the ABA on this topic. He pointed out many of the

issues discussed amongst our members – the dilution of professional independence; the diminished quality of legal services; among other

issues. I invite you to read the entirety of Mr. Prol’s testimony which is available on the NJSBA website. I will share with you the follow-

ing quotes, as I think Mr. Prol succinctly summed up our concerns. “The overarching goal of our system is to ensure that every client is

afforded a just, fair and impartial system where lawyers zealously advocate their clients’ interests within the boundaries of ethics rules, and

where judges decide matters based on the facts of the case and the laws of the land. …It is a disservice to the public and to our profession

to allow non-lawyers to dispense legal advice, especially when we have thousands of newly admitted and established colleagues who are

not able to make a decent living as practicing lawyers.”

Think of how careful you are to remind your support staff not to dispense legal advice, and how quick court staff is to tell a pro

se litigant they can not give legal advice. They are often so careful that they err on the side of not answering a mostly procedural question

on the chance it becomes legal advice. The public is assumed to be informed of the law, but in reality they are often ignorant. Even

when they know the law, they are ignorant of its interpretation and application. It is only the mind of a trained legal professional, a law-

yer, who is adequately equipped to help them navigate these waters. Gideon fought for the right to have a lawyer, not just anyone to stand

up on his behalf.

The NJSBA and the CCBA are continuing to make your voices heard on the national level as these amendments to the RPCs

continue to be discussed.

I will leave you with this “strange but true” law – In Toledo, Ohio, its illegal to throw any type of reptile at another person. According to

the Ohio Division of Wildlife’s website, there are 47 types of reptiles native to Ohio. You can not throw any of them (or a non-native

type) at anyone!

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LAWYER OF THE MONTH

MAY 2017

GENORA ROSYPAL, ESQUIRE

NAME: Genora Rosypal

FIRM: Law Office of Genora Rosypal

Admitted to the Bar 1983

AREAS OF PRACTICE: Personal injury, Workers’ Compensation, social security appeals, Wills/Estates,

Family law.

EDUCATION: Cumberland County College (2 years)

BA - Rutgers Camden

Law School - Rutgers Camden

FAVORITE BOOK: I have two. “The Good Earth” by Pearl Buck and “Hawaii” by James Michener.

FAVORITE MOVIE: I have two. Gandhi and The Godfather.

FAVORITE TV SHOW: Almost anything on PBS.

FAVORITE ANIMAL: Horse.

HOBBIES: Spending time with my pets, travel and skiing.

Pictured: (l-r) Rosypal, Lynn Sungenis and Flo Gilson

Photo credit: Justin Odendhal, Staff Photographer, The Daily Journal

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.

Genora stepped up to chair the Bridgeton Liberty

Bell Committee this year. She did an outstanding

job. We commend her and her committee on their

hard work and excellent recipient selection, The

Good Shepherd Dining Room. Thank you!

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LAWYER OF THE MONTH

JUNE 2017

MICHAEL L. TESTA, JR., ESQUIRE

NAME: Michael J. Testa, Jr.

FIRM: Testa, Heck, Testa & White, P.A.

AREAS OF PRACTICE: Plaintiff Personal Injury, Criminal Defense, Municipal Court

Do you have any “guilty pleasure” TV shows?

I pretend I don’t like watching Project Runway with my wife.

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

I would choose to be omniscient. Carlos Andujar tells me that I am close to achieving this.

If you wrote a memoir/biography, what would the title be?

“My Dad Calls me Fredo”

What is your spirit animal?

I actually took the test available online, and the results indicate “Tiger”.

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.

Michael was instrumental in assisting our Junior Trustee with securing

Lt. Governor Kim Guadagno as this year’s Law Day Speaker. Michael’s

involvement with and dedication to the CCBA is hugely appreciated.

We look forward to many more years of working together. Thank you!

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Cumberland County Bar Foundation Fundraiser The Cumberland County Bar Foundation is holding its Annual Spring Fund-raiser. This year, our hope is to appeal to our members by way of a direct mail campaign so that we can invest all of the proceeds into the Foundation. This means that every dollar contributed goes directly to the Scholarship Fund, Law Day, Holiday Party for underprivileged children in our community, Mock Trial, and much more. Please consider donating this year knowing that it goes to a great place. We now accept credit cards so feel free to contact Carol Walker, Executive Director, at 856-6965550 ([email protected]) to make a direct donation; OR

You can write a check and forward along with the enclosed form to the address below.

Please be advised that your donation is tax deductible as the Foundation is 501c(3) tax exempt. A receipt can certainly be provided for your tax records. Thank you in advance for your generosity.

Enclosed please find a donation in the following amount:

____$50 Happy to help!

____$100 I’m feeling generous today.

$______ I just settled a very large case and have no idea what to do with all of this money.

NAME:________________________________________

☐ Please send me a 501c(3) receipt for my tax records

Cumberland County Bar Foundation

P.O. Box 2374

Vineland, NJ 08362

(856) 696-5550

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Remembering The Honorable Frank J. Testa

By Theodore H. Ritter, CCBA Historian

Many of our current members have occasion to appear in the Frank J. Testa Memorial Justice Complex on

Landis Avenue in Vineland.

Just who was this fellow after whom the Vineland Municipal Court building is named?

Frank J. Testa was born in Vineland in 1914, the son of an Italian immigrant shoemaker. Judge Testa

managed to graduate as the Valedictorian of the Vineland High School class of 1934.

Always an entrepreneurial youth, his enterprises included selling newspapers and peanuts for five cents a

bag at a horse auction. He also shined shoes at his father’s shop.

While a high school student, Testa worked at the Boston Shoe Store, along-side Stanley S. Brotman, the

late United States District Court Judge.

Judge Testa worked his way through college at Temple University and then through the South Jersey Law

School (now Rutgers – Camden).

Judge Testa was admitted to the New Jersey Bar in 1940.

He served as solicitor of Buena Vista Township from 1942 to 1944 and again from 1948 to 1951. He was

solicitor to the Borough of Buena from 1969 to 1973.

While still a young lawyer, Judge Testa was appointed the Borough of Vineland Municipal Judge. In 1952,

when the Borough consolidated with the Township of Landis to form the City of Vineland, Frank Testa became the

first judge of the new town’s Municipal Court.

Judge Testa was elected Mayor of the City of Vineland and served in that capacity from 1956 to 1960. He

was Vice President of the New Jersey League of Municipalities during the time he served as Vineland’s Mayor.

BA R SN I PPE T S— FROM TED R I TT ER , C .C .B.A. H I S TOR I AN

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Judge Testa became solicitor to the Vineland Board of Education in 1961 but had to leave that post in

1973 when he was appointed to a Cumberland County Court judgeship. With the state-wide consolidation of the

County and Superior Courts, he became State Superior Court Judge in 1978.

Judge Testa retired from the bench in 1983 and returned to practice, of counsel, to Basile and Testa.

Two of Judge Testa’s sons, and two grandsons, have followed in his footsteps to become lawyers. They are,

sons: Judge Joseph P. Testa (ret.) and Michael L. Testa, Sr.; and grandsons: Michael L., Jr. and Frank.

Judge Testa’s community activities included participation in fundraising drives for the Boy Scouts, the

United Fund, the Knights of Columbus, and the Vineland Junior Police.

His organization memberships included the Knights of Columbus, the Loyal Order of Moose, the American

Justinian Society of Jurists, as well as the Cumberland County, New Jersey State and American Bar Associations.

He was the first President of the Parish Council of St. Isadore’s Catholic Church in Vineland.

Judge Testa loved sports and greatly enjoyed watching the Phillies and the Eagles.

Judge Testa passed away on August 26, 2001, after which a Cumberland County College scholarship was

established in his honor.

The Justice Complex, at 736 Landis Avenue, is a fitting and lasting tribute to this Vineland icon.

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SAVE THE DATE

JUNE 15TH – Installation Dinner for

Incoming President Kristin Eisenhardt

at the Bait Box

JUNE 29th– Retirement Dinner for

Honorable Georgia M. Curio, AJSC

At Auletto Caterers

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.

ADV ERT ISE IN TH E ET SE Q .

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COMPARE

Arbitration Awards & Jury Verdicts

VICINAGE XV

May 2017

(*filed De Novo)

AUTO

_____________________________________________________________________

Richmond Bennett v. Squires Jury Trial James R. Swift, J.S.C.

CUM-L-92-13

Pf. Atty.: Dennis Block, Esquire

Df. Atty.: Steven Antinoff, Esquire

Date: 5/2/17 Verdict: No cause

Arb. Award: $15,000; D*

Sanchez v. Stokes Jury Trial James R. Swift, J.S.C.

CUM-L-597-14

Pf. Atty.: Vincent Pancari, Esquire

Df. Atty.: Anthony Young, Esquire

Date: 5/9/17 Verdict: No cause

Arb. Award: $15,000; D*

Callahan v. Fisher Jury Trial Jean B. McMaster, J.S.C.

GLO-L-1289-15

Pf. Atty.: John Falciani, Esquire

Df. Atty.: Jill Teague, Esquire

Date: 5/16/17 Verdict: No cause

Queen v. Koger Jury Trial James R. Swift, J.S.C.

CUM-L-339-15

Pf. Atty.: Scott McKinley, Esquire

Df. Atty.: Steven Antinoff, Esquire

Date: 5/22/17 Verdict: No cause

Arb. Award: $25,000; D*

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PICTURED (CLOCKWISE):

HON. GEORGIA M. CURIO, AJSC;

PRESIDENT BETH WHITE;

HISTORIAN THEODORE RITTER

ALL Photo credit: Justin Odendhal, Staff Photographer,

The Daily Journal

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Cumberland County

Bar Association’s

Annual Law Day Breakfast

Monday, May 1, 2017

Terrigno’s Fairfield Inn

PICTURED (CLOCKWISE):

LT. GOVERNOR KIM GUADAGNO

(KEY NOTE SPEAKER):

JR. TRUSTEE ANTHONY IMBESI;

LIBERTY BELL RECIPIENT M. JAY EIN-

STEIN;

LIBERTY BELL RECIPIENT OFF. R.

KOTT AND ARNOLD ROBINSON

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PROPOSED AMENDMENT TO THE BY-LAWS

Please see the below proposed amendment to the By-Laws of the Cumberland County Bar Association. Same

was read aloud by Pres. Beth White at the Charlesworth meeting on May 25, 2017. The entirety of the By-

Laws were reviewed by the By-Laws committee and proposed amendments were made. Most of the amend-

ments are semantic in nature, with the significant exception of the amendment put forth below. Over the years

it has become increasingly difficult to collect dues and without dues the Association cannot function properly.

Please take the time to review the below and the proposed amendments to the By-Laws which were emailed to

the membership and appear on the website. Any questions, comments or concerns should be directed to

[email protected].

VOTING WILL TAKE PLACE ON JUNE 15 AT THE BAIT BOX

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Join us as we install

Kristin Eisenhardt

as the newest President

of the Cumberland County

Bar Association/Foundation,

as well as the Officers and

Trustees of the Association and Foundation Thursday, June 15, 2017

The Bait Box Restaurant

30 Hancock Harbor Road, Greenwich

Cash Bar at 5:30 p.m.

Dinner at 6:30 p.m.

Cost $55 per person Law Clerks $35.00

All entrée selections include fresh bread, garden salad, dessert, and soda, iced tea, coffee or tea.

Please select one of the following:

_________ Crab Cake served with mashed potatoes and fresh vegetables

_________ Chicken Parmesan with a side of pasta and fresh vegetables

_________ Prime Rib served with mashed potatoes and fresh vegetables

_______________________________________ will be attending the Installation Dinner on

June 15th and I have enclosed a check for the event.

Please respond with your dinner choice and payment no later than June 1 to:

Cumberland County Bar Association

P.O. Box 2374

Vineland, NJ 08362

Fax: (856) 696-5558

Email: [email protected]

*Reservations made and not honored will be invoiced

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The Cumberland, Gloucester & Salem County Bar Associations

request the pleasure of your company to honor

The Honorable Georgia M. Curio, A.J.S.C.

at her retirement dinner

T HURSDAY , J UNE 29 , 2017 A ULETTO C ATERERS

1849 C OOPER S TREET D EPTFORD , N EW J ERSEY 08096

T HE EVENING WILL COMMENCE WITH

HORS D ’OEUVRES AND W INE BAR . C OCKTAIL HOUR 6:00 P . M .

D INNER 7 :00 P . M .

T HE KINDNESS OF YOUR R.S .V.P. IS REQUESTED NO LATER THAN J UNE 20 TH .

T HE COS T IS $55.00 PER PERS ON .

C .C.B.A. P .O. B OX 2374

V INELAND , NJ 08362 856-696-5550

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OFFICE SPACE FOR RENT

GREAT LOCATION: 20 Franklin Street, Bridgeton, NJ

Consists of two offices, two secretarial rooms,

library/conference room, bathroom and kitchenette.

Plenty off-street parking.

RENT: $1,500.00 per month

For further information,

please contact Anthony Peterson at

877-307-1460.

We are pleased to announce that

Justin R. White has been elevated to partner in the Firm now known as Testa Heck Testa & White, P.A. Justin joined the Firm in 2006, and has spent the years honing his courtroom skills and serving his clients, be they individuals, businesses or governmental entities. He concentrates his practice in the areas of civil litigation, personal injury, employment law, insurance law, and small business counseling.

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