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Volume XXXV, No. 4 December 2009 The Benefit of Reading Anthony Iannini, AACP, DCP, Away Messages PaCP Hi everyone. With the holidays fast approach- ing, I’m sure all of you are busy decorating, Delaware Paralegal shopping and preparing for the nice long dou- Association ble holiday weekends. I won’t take up too much of your time this month, but I did want to The First Stop for share some incredible information with you Paralegals about one of our colleagues. in the First State A few weeks ago, I sent an e-mail to all of you Visit www.deparalegals.org about our upcoming Toys for Tots luncheon on December 17. As you can imagine, I received numerous “away” messages in response to that e-mail. I’m not sure if it’s my curiosity or per- haps just an illness, but I read every one of them, and there was one that caught my attention. It was Cathy Adams’ away message, which read, “I will be out of the office Thursday, November 19, 2009 through In This Issue: Tuesday, November 24, 2009 to participate in the San Diego Breast Paralegal Cancer 3-Day Walk.” Superstars 4 I immediately sent an e-mail to Cathy asking her to call me when she Make A Difference 5 got back. Cathy did call me, and following is her story about her re- markable trip. Cathy is a paralegal with Landis Rath & Cobb LLP in Wil- Technology Tips 5 mington. Cathy, along with Kerri Mumford, an attorney in her office, traveled to San Diego to participate in the Breast Cancer 3-Day Walk. Kent County News 6 This was their second time participating in the event. Two years ago, they tried the one in Philadelphia. This year, they were off to San JP Court Changes 7 Diego. New Members 8 Cathy said they decided to participate in the Philadelphia event two Directed vs. years ago because they both know or have known people who were af- Delegated Trusts 9 fected by breast cancer. After participating in the Philadelphia event, they were so inspired they decided to do it again in San Diego. For (continued on page 2) December 2009, Page 2 Delaware Paralegal Association President’s Message... (continued from page 1) those of you who do not know, the walk is literally three days long, covering roughly 60 miles, and participants walk approximately 20 miles each day. And, as if that wasn’t commitment enough, each walker is also required to raise a minimum of $2,300 in order to participate. All of the money raised goes directly to the Susan G. Komen Foundation and the National Philanthropic Trust Breast Cancer Fund. Through their fundraising efforts, Cathy and Kerri raised an impressive $7,500. Cathy said the San Diego event was exciting and inspirational. The event began with an emotional opening ceremony at Del Mar Fairgrounds and concluded with a very moving closing ceremony at Petco Park. The weather was perfect for the walk- ers with temperatures in the low 70s, and the view along the route was spectacular, consisting mostly of beaches. Cathy was amazed at the support they received in San Diego. She said both men and women participated in the walk, and there were thousands of supporters along the route to cheer them on. Cathy noted that the people along the route really motivated her Kerri (left) and Cathy (right) at the end of Day 3 to keep going. Meeting a lot of new people and hearing their heartfelt stories also inspired Cathy to keep walking no matter how tired she got. The walk was particularly challenging, Cathy said, because the hills in San Diego are much bigger and steeper than what we have here in Delaware. After spending some time last week talking with Cathy about her incredible accomplishment, I felt compelled to share it with all of you. Cathy was also kind enough to share some of her personal photos from the event, which I am also sharing with all of you. Congratulations, Cathy and Kerri, on your impressive and admirable achievement. We are all very proud of you. Left Photo: Kerri and Cathy with their official walk buddy and cheerleader Right Photo: A group of breast cancer survivors on top of the hill just before the closing ceremony (continued on page 3) DPA PRESIDENTS 1976-1977 ELIZABETH CURTIS SWAIN 1991-1993 KIM D. ROOT 1977-1979 CAROLYN MCKOWN, RP 1993-1996 SIOBAIN M. PERKINS 1979-1980 ANN DEFELICE 1996-1998 BARBARA S. WALLACE, AACP, RP, DCP 1980-1981 JONI PEET 1998-2001 KARYN S. OSMUNDSON 1981-1982 PATRICIA MARINELLI (WARD) 2001-2003 DOUGLAS A. HYDE, RP 1982-1985 KAREN H. SCHILLER 2003-2005 LAURA AHTES, AACP, RP, DCP 1985-1986 PAULA WITHEROW (CAPUTO) 2005-2007 LISA A. VEST, DCP 1986-1988 CATHERINE D. LEDYARD 2007-2009 ROB ALLOWAY, DCP 1988-1989 JENNIFER KENTON (BINDER) 2009- ANTHONY IANNINI, AACP, DCP 1989-1991 CYNDY M. OSBORNE December 2009, Page 3 Delaware Paralegal Association President’s Message... (continued from page 2) The last thing I want to remind everyone about is our Toys for Tots luncheons, scheduled for Wednesday, December 16 in Kent County and Thursday, December 17 in New Castle County. Please make every effort to attend. With the economy in its current state and unemployment at a record high, there are so many children who will not be able to celebrate the holidays this year with- out the help of organizations like Toys for Tots. I am very proud to announce that members of the United States Marine Corps will be in attendance at both luncheons to pick up the toys and personally deliver them to needy children right here in Delaware! We can help make that possible by bringing new, unwrapped toys to either luncheon. It is my goal to have a record-breaking turnout for this year's luncheons - both in attendance and in toys. We are working very hard to make this year's luncheons ones that you will not want to miss. How, you ask? Well, for starters, every member who attends these luncheons will receive a special gift from the Delaware Paralegal Association as a token of our appreciation for your support. In addition, we are planning to give away fantastic prizes to reward you for bringing lots and lots of toys. The more toys you bring to either luncheon, the more chances you will have to win the fantas- tic prizes in our "Toys for Tots Can Win You Lots" drawings. If you bring one toy, you get one ticket and one chance to win. If you bring 20 toys, you get 20 chances to win. The more toys your bring, the better your chances of winning. Ask everyone in your office to bring you a toy to donate to Toys for Tots; ask your family members, your friends and your neighbors. We want to make this year special for as many needy children as we can, and through our collective efforts, I am confident that the Delaware Paralegal Association can achieve its goal. Finally, since I am asking all of you to help make this year's luncheon one to remember, Shannon, Laura Lee and I are working on doing the same for you. We are going to be bringing in some very special guests who are working on a very special holiday performance just for us! I hope to see you there for our last get-together in 2009. We are going to have great food, great en- tertainment that I think you will really enjoy, and we will be helping a great organization provide some desperately-needed holiday cheer to some very needy children. If for some reason you are unable to attend, your donation of new, unwrapped toys will still gladly be accepted. Thank you for taking the time to read this message. If you have any questions, please do not hesi- tate to contact me. Happy Holidays from all of us on the Delaware Paralegal Association Board of Directors to you and your families and best wishes for the coming New Year! Anthony December 2009, Page 4 Delaware Paralegal Association Laura Ahtes Named One Of ParalegalGateway’s 2010 Paralegal Superstars ParalegalGateway is proud to announce the selection of its 2010 Parale- gal Superstars. After receiving well over 100 nominations, these final 12 individuals were chosen for their outstanding commitment to the parale- gal profession and/or their communities. This year was by far the most competitive year ever with regard to nam- ing a top 12, and we sincerely thank everyone who submitted a nomina- tion. All are very worthy of being a Superstar, however, we could only pick 12. The Superstars are: Amy Shillingburg - San Diego, CA Jeannie Cartabiano - Redlands, CA Catherine McKenzie - Vero Beach, FL Viola Ange - Cedar Hill, TX Laura Ahtes - Wilmington, DE Patty Dietz-Selke - Atlanta, GA Madelaine Vines - Colorado Springs, CO Kathleen Miller - Irvine, CA Ruth Conley - Houston, TX Brian Haberly - Seattle, WA De Dishman - Portland, OR Carolyn Yellis - Orange County, CA In addition to being featured on ParalegalGateway.com, the 2010 Paralegal Superstars will also ap- pear in the annual Superstar calendar. Please join us in congratulating these outstanding individu- als who are true Superstars of our profession. December 2009, Page 5 Delaware Paralegal Association Are You Willing To Make A Difference? by Adam Kuhn Pro Bono Director According to the online encyclopedia Wikipedia, pro bono is a phrase derived from Latin meaning ''for the good.'' The complete phrase is pro bono publico or ''for the public good.'' It is used to desig- nate legal or other professional work undertaken voluntarily and without payment as a public service. Now is the time to think about performing pro bono work. It can be both the most challenging and rewarding work you will ever do as a paralegal. Many paralegals will tell you that the projects they enjoyed most were the ones that they did pro bono. Pro bono legal work can help to build an understanding of the law in areas unfamiliar to you. Addi- tionally, the skills you develop can add to the marketable skills that could be useful to you in the fu- ture. Lastly, the professionals you meet while performing pro bono legal work may turn out to be valuable networking contacts in the community. All in all, pro bono work is rewarding, rejuvenating and serves to remind paralegals why they wanted to be a paralegal in the first place. You have a chance to really make a difference. It would be a shame if you passed it up. If you are interested in volunteering or know of any organization in need of law-based volunteers please contact Adam Kuhn, Pro Bono Director, at firstname.lastname@example.org or 888-6309. Tracking Changes In Microsoft Excel Spreadsheets Microsoft Excel can maintain and display information about how a worksheet was changed. Change tracking is available only in shared workbooks. When you view the change history, either directly on the worksheet or on a separate history worksheet, you’ll see who made each change, what type of change was made, when it was made, what cells were affected and what data was added or deleted. On the Tools menu, click Share Workbook and then click the Editing tab. Put a check in the Allow changes by more than one user at the same time box. Next, click the Advanced tab. Under Track changes, click Keep change history for, and in the days box, type the number of days of change history that you want to keep. Be sure to enter a large enough number of days because Excel per- manently erases any change history older than this number of days. Click OK and, if prompted to save the file, click OK again. Have a great tech tip you’d like to share with our members? E-mail Karyn Osmundson, Newsletter Director, at email@example.com, and see your tip in the next issue of The Re- porter. December 2009, Page 6 Delaware Paralegal Association Kent County News by Laura Lee Kirby, DCP Kent County Director November Lecture Luncheon Last month’s lecture luncheon was held at the Duncan Center on November 17. Twenty-four parale- gals attended an hour-long lecture on changes that have taken place in consumer bankruptcy law. Our speaker, Stephen J. Holfeld, Esquire, of Holfeld & Becker, fortunately spared us details on the long, drawn-out mathematical procedures that are involved with figuring bankruptcy totals. Instead, he focused on changes that affect the types of creditors one needs to satisfy and initial meetings with clients to determine which type of bankruptcy is best to file for their individual needs. Thank you, Mr. Holfeld, for presenting these very important changes to Delaware’s paralegal community. We appreciate your time and efforts! December Lecture Luncheon This month’s holiday-themed luncheon will be held at the Duncan Center on Wednesday, December 16. We will be donating to the U.S. Marine Corps Toys to Tots program so PLEASE BRING A NEW, UNWRAPPED TOY with you to this luncheon. As one of this month’s special treats, we have asked an area Marine to join us and tell us how the Toys For Tots program originated. Another special treat, just like a specially-wrapped present under the Christmas tree, will remain a secret until the luncheon. Also, holiday gift cards will be given away!! I look forward to seeing everyone this month to help celebrate this special time of year. Please note that Jennifer Barnes from Title Express was scheduled to speak at this luncheon. With the upcoming holidays, we thought it would be fun to just sit back, relax and enjoy the spirit of the holidays, be thankful for our families, friends and co-workers and have an opportunity to help needy children have a brighter Christmas. Ms. Barnes will be presenting her real estate lecture in Febru- ary. Thank you for your understanding. January Lecture Luncheon Beginning January 1, 2010, the Court of Common Pleas will be implementing various e-filing changes. Court staff are holding informational meetings throughout the State, and DPA is pleased to host Michael Hemming and Betty Jonkiert on Tuesday, January 12, 2010 to discuss the changes. Please make sure that anyone and everyone who files any pleadings in your firm in the Court of Common Pleas attend this very important luncheon. For example, if your firm needs to transfer a judgment from Common Pleas to Superior Court, you will need to learn how to do this electronically. Or, if you need to file a Writ of Execution or a Levy, you will need to learn how to do this electroni- cally as well. These changes are being required by the Court and will be implemented beginning January 1, 2010. January’s lecture will provide 1.0 CLE credits towards your DCP credential. Also, I will be e-mailing a “packet” of information to your firms to bring with you to this luncheon. The Court asked that I send this information to you as soon as possible so that you will have something to reference just in case you need to e-file a document before the luncheon. The Court is aware that Kent and Sussex Counties are being informed of the changes after implementation so there may be a lag in filing before the 12th. Even though the Court is aware that paralegals may not have received (continued on page 7) December 2009, Page 7 Delaware Paralegal Association Justice of the Peace Court Changes by Anthony Iannini, AACP, DCP, PaCP President The Justice of the Peace Courts will be opening the new Consolidated Court #11 location on Wednesday, December 23, 2009 at 8:00 a.m. Court 11 will continue to be a 24-hour facility and will be located at 2 Penns Way, Suite 100, New Castle, Delaware 19720. Justice of the Peace Courts 11 and 15 will both be moving to this location along with Justice of the Peace Court Administration and Constable Central. All telephone numbers will remain the same with the exception of Court 15. All contact for Court 15 matters should go to Court 11 at 302-323-4450. Faxed correspondence should be sent to 302-323- 4452. In addition to these changes, Court 10’s hours will change to 8:00 a.m. to 4:00 p.m. on Monday, Tuesday, Thursday and Friday and 8:00 a.m. to 10:00 p.m. on Wednesday. Court 15, currently located at 130 Hickman Road, Suite 13, Claymont, will close its doors at 4:00 p.m. on Thursday, December 17, 2009. December 19, 2009 will be the last day for arraignments to be held at the current Court 11 location located at 61 Christiana Road, New Castle, Delaware 19720. At midnight on December 19, 2009 ,this location will close. The new consolidated court will reopen for business as noted above on December 23. Effective December 23, all Hispanic arraignments for New Castle County will be scheduled at Court 11. Also effective December 23 all DUI matters, including arraignments, will be scheduled at Court 11. Lastly, all New Castle County and Wilmington red light cases will be processed at Court 10. Kent County News... (continued from page 6) training, please make yourselves aware of the changes before January 1. If you do not receive the information packet, please contact me. Just For Fun I was reading through some paralegal blogs one day and came across this statement, made by a paralegal in Delaware, and I just HAD to share this with you. While the person’s name was not listed, the person was identified as having been a personal injury litigation paralegal for seven years. To the mystery paralegal: if you are reading this newsletter, and this statement was penned by you...KUDOS!! One needs an iron constitution, titanium nerves, stainless steel skin and a golden personality to survive in litigation. Knowing several personal injury paralegals and having been one myself, I whole-heartedly agree with this statement! I suggest re-typing this statement, printing it in font size 40 and posting it some- where where you (and your boss, too) can easily read it! Enjoy. December 2009, Page 8 Delaware Paralegal Association Welcome New Members by Cathy Greer Membership Director The Board of Directors welcomes the follow- ing individuals and companies who have been admitted to the Association: FULL MEMBERS Heidi M. Coleman Sullivan Hazeltine Allinson LLC Susan C. Stewart Richards Layton & Finger, P.A. ASSOCIATE MEMBER Debbie Baker SUSTAINING MEMBER The Sanford Alderfer Companies JOB BANK EXCLUSIVE TO DPA MEMBERS! Whether actively looking for a new position or casually reviewing the local employment market for paralegals, take advantage of this exclusive resource for DPA members. Access the Job Bank via the Members Only page at www.deparalegals.org. Please contact, Marie Malatesta, Job Bank Director, with any questions. December 2009, Page 9 Delaware Paralegal Association Directed Versus Delegated Trusts And The Benefits Of Delaware by Kristine M. Neuhauser, DCP Secretary One of the many trust benefits of Delaware law is the power of bifurcation. Specifically, 12 Del. C. §3313 permits total separation of investment duties from trust administration duties. Delaware’s di- rected trust statute was later upheld in Duemler v. Wilmington Trust Co.1 Delaware law allows the grantor to select his or her own investment advisor or investment committee to make investment decisions. The grantor may name the investment advisor in the trust document or may appoint a trust protector2 with the power to do so. When acting as a directed trustee under the Delaware statute, the trustee does not select the invest- ment advisor and is not liable for any of the manager’s actions. In addition, the trustee has no duty to monitor performance of the trust assets. The trustee shall not be liable for following the direction of an investment advisor except in the case of willful misconduct. In a directed trust, the trustee generally has no discretionary investment duties. A directed trustee typically has no other duty than to follow directions of the empowered person. The power to direct is initiated and within the control of a third party as expressed in the trust instrument. Unlike the dele- gated trustee, the directed trustee does not have any selection or monitoring functions except to en- sure that the grantor’s intent as expressed in the trust document is being followed. In cases where the trustee may not apply Delaware law to the administration of a trust, delegation is an alternate option. When a trustee delegates investment authority to a third party, the trustee is re- sponsible for both the selection and retention of the investment manager. The trustee must monitor the manager’s performance and ensure the manager adheres to the investment policy statement for the account. While the trustee will generally not be held accountable for the performance of specific underlying assets, the trustee must ensure the investment manager is qualified and an appropriate choice to manage the trust assets. In addition, the trustee must perform periodic reviews to ensure the investment policy statement remains applicable and the investment manager complies with it. To learn more about directed and delegated trusts, and the benefits of Delaware law, contact your estate planning attorney. _______________________ 1 R. Leigh Duemler v. Wilmington Trust Co., Del. Co., C.A. 20033, V.C. Strine (Del. Ch. Oct. 28, 2004) 2 The power of the trust protector is derived from the trust agreement. The trust protector's powers can take any form, limited only by the wishes of the Grantor. Generally, the powers granted the trust protector are the ability to remove and/ or replace the trustee and to change the trust’s situs. December 2009, Page 10 Delaware Paralegal Association December 2009, Page 11 Delaware Paralegal Association Advertise in The Reporter Business card $75/issue or $675/year 1/4 page $100/issue or $900/year 1/2 page $125/issue or $1,125/year Full page $150/issue or $1,350/year The Reporter is published 10 times per year. Yearly ad rates provide a 10% discount if a full year is prepaid. Acceptance of advertising does not constitute DPA endorsement. Those interested in advertising should contact Karyn Osmundson, Newsletter Editor. Board Directory Website: E-mail: www.deparalegals.org firstname.lastname@example.org OFFICERS Anthony Iannini, AACP, DCP, PaCP President 421-6849 email@example.com Alyson Poppiti, DCP Vice President 351-9320 firstname.lastname@example.org Kristine Neuhauser, DCP Secretary 661-1180 email@example.com Sandra S. Jarrell, DCP Treasurer 886-3256 firstname.lastname@example.org DIRECTORS Cathy Greer Membership 651-7681 email@example.com Shannon J. Hamlin, DCP Programs 984-6243 firstname.lastname@example.org Michelle Glackin, DCP CLE 326-5823 email@example.com Marie Malatesta, DCP Job Bank 885-6894 firstname.lastname@example.org Karyn S. Osmundson Newsletter 773-0486 email@example.com Steve Bridgett, DCP National Affairs 984-3915 firstname.lastname@example.org Alesha Walker, DCP Public Relations 252-4264 email@example.com Sandra A. Rothermel, DCP Information Technology firstname.lastname@example.org Stacey N. Taytelbaum Special Projects email@example.com Adam Kuhn Pro Bono 888-6309 firstname.lastname@example.org Laura Lee Kirby, DCP Kent County 674-8822 email@example.com VACANT Sussex County Gina Gallo Director-at-Large 885-7345 firstname.lastname@example.org Rob Alloway, DCP Board Advisor 984-6065 email@example.com The Reporter is the official publication of the Delaware Paralegal Association. The subscription rate is included in the membership dues. Non-members may also subscribe for $50 per year. Articles published in The Reporter reflect the views and opinions of the authors and not necessarily those of DPA, its editors or officers. The information published is based solely on submitted written material, and DPA assumes no responsibility for verification of the information submitted. Articles may not be reprinted without the consent of DPA and the author. DPA does not endorse the opinions, services or products appearing in published articles or advertisements. Letters to the Editor are encouraged, but they must be signed in order to be published. The Editor reserves the right to edit material for clarity and space.
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