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Dec 09.pub - Delaware Paralegal Association _DPA_

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Dec 09.pub - Delaware Paralegal Association _DPA_ Powered By Docstoc
					  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 akuhn@cblh.com 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 karyn.s.osmundson@usa.dupont.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



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                                                          The Reporter
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                                  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
                                                                                                                                           info@deparalegals.org



OFFICERS
Anthony Iannini, AACP, DCP, PaCP                     President                           421-6849                   aiannini@saul.com
Alyson Poppiti, DCP                                  Vice President                      351-9320                   apoppiti@mnat.com
Kristine Neuhauser, DCP                              Secretary                           661-1180                   neuhauserk@nypbt.com
Sandra S. Jarrell, DCP                               Treasurer                           886-3256                   sandra.jarrell@astrazeneca.com

DIRECTORS
Cathy Greer                                          Membership                          651-7681                   greer@rlf.com
Shannon J. Hamlin, DCP                               Programs                            984-6243                   shamlin@potteranderson.com
Michelle Glackin, DCP                                CLE                                 326-5823                   michelle.glackin@state.de.us
Marie Malatesta, DCP                                 Job Bank                            885-6894                   marie.malatesta@astrazeneca.com
Karyn S. Osmundson                                   Newsletter                          773-0486                   karyn.s.osmundson@usa.dupont.com
Steve Bridgett, DCP                                  National Affairs                    984-3915                   sbridgett@coochtaylor.com
Alesha Walker, DCP                                   Public Relations                    252-4264                   awalker@cblh.com
Sandra A. Rothermel, DCP                             Information Technology                                         sarothermel@yahoo.com
Stacey N. Taytelbaum                                 Special Projects                                               staceyt825@comcast.net
Adam Kuhn                                            Pro Bono                            888-6309                   akuhn@cblh.com
Laura Lee Kirby, DCP                                 Kent County                         674-8822                   lauralee10865@hotmail.com
VACANT                                               Sussex County
Gina Gallo                                           Director-at-Large                   885-7345                   gina.gallo@astrazeneca.com
Rob Alloway, DCP                                     Board Advisor                       984-6065                   ralloway@potteranderson.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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