In This Issue - North Carolina Paralegal Association

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Summer 2008 Let us help grow your business in 2008! Our friendlyand professional staff is ready and able to get yougoing today. No new software needed - simplybrowse to our web site, log on & start getting results! In This Issue. The Office/Committee Member Report The Approved BD-ED Minutes Student/School Relations-Winning Essays Exhibitor Table Thank You

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North Carolina Paralegal Association, Inc. Summer 2008The NCPA ForumEditorial StaffMelissa A. Rutledge, NCCPSenior EditorLaura C. Braswell, NCCPAdvertising EditorMichele A. Tuttle, CLA, NCCPPatron & Sustaining ChairStephanie Elliott-Park, NCCPArticles/Association News EditorContact Information:The North Carolina Paralegal Association, Inc.Brenda Mareski, CP, CoordinatorPO Box 36264, Charlotte, NC 28236-6264704.535.3363www.ncparalegal.orgTable of ContentsPresident’s Message .2Chairman’s Message . .2Affiliate Director Newsletter .32nd Vice President’s Report (Membership) . .4Subscriptions e-mail: marutledge@gmail.comArticles e-mail: selliott-park@gastonlegal.comAdvertising e-mail: laurapcubillos@yahoo.com“I have chosen to be a paralegal.” Student Essay Contest Winners.5-7Subscriptions: 30 for one year (four issues).Address correspondence to NCPA at the Contactaddress above.2008 National Achievement Award Nomination.10-12Submissions: To submit materials for publication,please send to the Senior Editor atmarutledge@gmail.com.Editor’s Court.9Statewide News.13-14Estate Administration and the Transfer of Real Property .14-15Advertising: For advertising and rate informationfor the NCPA FORUM, contact the AdvertisingEditor at laurapcubillos@yahoo.com.NCPA Member Birthdays . .26Back Issues/Reprints: Subject to availability, backissues may be purchased for 5 each. ContactSenior Editor for more information. You musthave written permission before reproducing anymaterials from the NCPA FORUM in any form.Please mail or fax a written request to SeniorEditor at the address above. Include your contactinformation and allow 10 days for processing.U.S. Supreme Court to Hear Paralegal Fees Case . .18-19Featured ArticlesDelaware Case Examines Overtime Compensation.19Joint Meeting of the Board of Directors and ExecutiveCommittee of the NCPA .20-23Contributor’s Policy: Contributions or gifts to NCPAare not deductible as charitable contributions forfederal income tax purposes; however, paymentsmay qualify as ordinary and necessary businessexpenses.Publication Notice: The NCPA FORUM is the officialpublication of the North Carolina ParalegalAssociation, Inc., PO Box 36264, Charlotte,NC 28236-6264. Our publication is devotedto informing and educating the paralegalprofession.Editorial Policy: Opinions expressed in articles andfeatures herein are those of the author, and donot necessarily reflect the views of NCPA. TheEditor strongly encourages the submission ofmaterials for publication. The Editor reserves theright to edit material and accept or reject materials submitted.Be sure to let us know!Send both your old and new address information to:The North Carolina Paralegal Association, Inc.Brenda Mareski, CP, CoordinatorPO Box 36264, Charlotte, NC 28236-6264704.535.3363www.ncparalegal.org Copyright 2008 by the North Carolina Paralegal Association, Inc., unless otherwise noted.All rights reserved. The contents of this publication may not be reproduced,in whole or in part, without written consent of NCPA.1

North Carolina Paralegal Association, Inc. Summer 2008President’sMessageChairman’sMessageKaye H. Summers, CLA, NCCPBeverly G. King, NCCPGreetings NCPA!Greetings to all. I am Kaye H. Summers, CLA,NCCP, and I am your President for 2008 – 2009. Iam very pleased to have this opportunity to serveyou again this year. I began my career as a paralegalin 1986 as a real estate paralegal. Throughoutthe years I have had the opportunity to workin many areas of law including commercial andresidential real estate, corporate formation, commercial litigation,estate planning and administration, intellectual property, andpersonal injury. I received my CLA designation in 2002, and myNCCP certification in 2005.My first year as President was quite a “learning year”,however, the members of the Board, Executive Committee,and the Committee Chairs and Co-Chairs who served last yearworked hard in their capacities, and made my job much easier.Thank you to all!!!We have a fantastic Board of Directors and ExecutiveCommittee again this year, and they are already hard at work.We will be meeting in May for our first Board/EC meeting.To the membership of NCPA, I encourage you to becomeinvolved in NCPA by joining a committee that interests you. If youneed information about committees or would like the contactinformation for a Committee Chair, please call or email me. Ifyou have any questions or concerns about NCPA, please let me ora member of the Board or Executive Committee know.I’m excited about the future of NCPA and my part in it. NCPAhas a lot to offer to its members. I hope you will each take anactive role in the Association. uWhat a wonderful Annual Seminar in Concord.It was wonderful to see so many of you. I metso many new paralegals. A special thanks to PattiClapper, CP, NCCP, Michele Tuttle, CLA NCCP,and Melissa Stockley-Jones, CP, NCCP for all theirhard work. You ladies continue to amaze me at each seminar. Ilook forward to seeing what you come up with for Mid-Year.A special thanks to all our Sustaining members. Thankyou for your support and for being a part of NCPA. Not to beforgotten, thanks to all the Annual exhibitors and sponsors –thanks for your continued support of NCPA.One of the highlights of Annual for me was the “roast” ofMary F. Haggerty, CLA. It was great to see her so surprised. I wasastonished to realize that all who were in on the roast were ableto keep it a secret. Way to go!! But with all sincerity, Mary youare a great lady and thank you for all you have done for NCPAand the Paralegal profession. You will be missed tremendouslyby all. Brenda Markeski, CP, NCCP has taken on the role of NCPACoordinator. She has officially been on the job for a short timebut is has done a great job and I know she is going to do well inthis position. Thanks Brenda!!!We have several new faces on the Board and ExecutiveCommittee this year. Welcome!! I am excited that you are hereand involved in NCPA. There are also some that have served onthe Board or Executive Committee in other positions, but nowthey are branching out and trying something new.Since Annual everyone has been working hard to get up tospeed on their position and have been very busy. Thanks to youall for the work you have already done and for the work you arecontinuing to do for 2008-2009 to make NCPA and the Paralegalprofession the best it can be. The District Directors are workingdiligently to set up Meet and Greets. I look forward to attending as many as I can. These informal gatherings are great and Iencourage everyone to attend.Finally, the firm split and move is complete. There havebeen some bumps along the way (getting the server to run,getting the telephones installed, unpacking, etc.) but all in allthings have gone rather well. Things have calmed down and weare finally getting back to really focusing on work. I guess oneof the best parts is that both new firms are still able to cooperate on matters. I still have lunch with the other “girls” from theoffice as our offices have relocated within 5 minutes of eachother. The process is still going on as we still have “Rallings &Tissue “ matters to wind up – but we are starting to see a lightat the end of the tunnel.I wish everyone a very happy and safe summer. I hopeeveryone gets sometime away to get some rest and relaxationwe all need. uKaye H. Summers, CLA, N CCP2Beverly G. King, N CCP

North Carolina Paralegal Association, Inc. Summer 2008Affiliate Director NewsletterTeresa A. Stacey, Affiliate DirectorNORTH CAROLINA PARALEGAL ASSOCIATION, INC.P.O. Box 36264Charlotte, NC 28236-6264Reply to:me for the application if your Association would like to join. Therequirements for becoming an Affiliate Member are as follows:1. Be a North Carolina paralegal association whose aims,objectives, constitution, bylaws and practice conform withthat of NCPA;Teresa A. Stacey, Affiliate DirectorVernon, Vernon, Wooten, Brown, Andrews & Garrett, P.A.P.O. Drawer 2958Burlington, NC 27216(336) 227-8851tas@veronlaw.com2. Be a paralegal student association within a North Carolinaeducational institution and its aims, objectives, constitution,bylaws and practice conform with that of NCPA; and3. Agree to comply with and adhere to the followingrequirements:A. To comply and not conflict with any NCPA bylawrequirement;B. Provide a minimum of five (5) hours of continuing legaleducation each year;C. To remit annual dues to NCPA in the amount of 25.00,plus 1.00 per member of your Association (up to amaximum of 100.00);D. To delegate one of its members, who is also an NCPAmember, to serve on NCPA’s Associations NetworkCommittee;E. To submit an annual report (membership renewal) on aform supplied by NCPA; andF. To annually provide NCPA with a current membershiproster at the time of affiliate membership renewal.As an Affiliate Association, you may have one (1) non-NCPAmember from the Affiliate Association to attend NCPA’s AnnualMeeting and Seminar at the discounted cost of an NCPA/NALAmember.If you have any questions or concerns I will try to addressthem or find someone who can. You can reach me at the aboveaddress or e-mail me at tas@vernonlaw.com.You can get information on the North Carolina ParalegalAssociation at their website at www.ncparalegal.org.I look forward to hearing from you or seeing you at one ofour seminars.Dear Fellow Paralegals:I am Teresa Stacey, Affiliate Director of the North CarolinaParalegal Association, Inc. (“NCPA”), Alamance County ParalegalAssociation (“ACPA”), (my local association) elected me to bethe representative from our organization to the North CarolinaParalegal Association (“NCPA”); and, the representatives from theAffiliate members of NCPA voted me to be the Director.NCPA changed their Bylaws on March 13, 1991, to allowAffiliate membership from paralegal associations. ACPA wasthe first Paralegal Association who joined NCPA as an AffiliateMember. We now have a total of four (4) affiliate members,Alamance County, Guilford County Paralegal Association,Cumberland County Paralegal Association, and Research TriangleParalegal Association. I feel very honored to have been elected asthe Affiliate Director again and have learned many things aboutNCPA through being involved as a Director, even though I havebeen a general member of NCPA for many years. Listed beloware some of the “perks” of a paralegal organization becomingaffiliated with the North Carolina Paralegal Association, Inc.The purpose of becoming an Affiliate Member is to helpcreate and facilitate a network among the Paralegal Associationsin the state, to help provide added resources for greatercommunication throughout the network of Paralegal Associationsin North Carolina as well as furthering the common goals of theparalegal profession. There would also be added resources foruse by the associations through the knowledge of each individualassociation’s members.I would like to encourage any Associations for Paralegals inyour areas to join NCPA as an Affiliate Member. Please contactSincerely,Teresa Stacey, Affiliate DirectorNorth Carolina Paralegal Association u3

North Carolina Paralegal Association, Inc. Summer 2008Second Vice President’s ReportMembershipReport of Second Vice PresidentJanuary 31, 2008Brenda Mareski, CPWe ended the 2007-2008 Membership year with the official membership count as follows:Reportof SecondViceNCCPPresidentYolanda N.Smith,ACP,January 31, 2008BrendaGeneralMareski,members:CP390Associate members:31The current membership breakdown as of April 23, 2008 is asWefollows:Studentmembers:Membership year with the official89 membership count as follows:endedthe 2007-2008Sustaining Members:4Report of Second Vice al members:359January 31, 2008Associatemembers:Program members:31 2EducationalAssociate members:28Brenda Mareski, CPStudent members:89Student members:55Sustaining4TotalMembers:520ended the 2007-2008 Membership yearas follows:Affiliatemembers:4SustainingWeMembers:8 with the official membership countEducational Program members:2As we do in each edition, NCPA would like to acknowledge our newest (G)eneral, (A)ssociate, and (SAffiliate members:4 390General mmembers:2 31Reportof Second VicePresidentTotal520 – January 31, 2008:January 31, 2008 Student members:89January31,2008Total456 4BrendaMareski,CPSustaining Members:K. Aldrich,NCCP,wouldThomasville,NC (G) our newest (G)eneral,CharlotteA. Mangum,BrendaofMareski,As we Sheilado in eachedition, NCPAlike to acknowledge(A)ssociate,and NCCP,(S)tudentCary, NReportSecond CPVice PresidentAffiliatemembers:4 (G)eneral, .McCorkle,Lenoir,NC :ReportofSecondVicePresidentWe ended the 2007-2008Membershipyearwith the official 2membership count as follows:Programmembers:We 31,endedMembershipyearwith the official membershipcount as follows:BrendaMareski,CP EducationalCharlene T. Bell, NCCP, Jamestown, NC (G)Arryn J. Morris, Arden, NC (S)January2008the 2007-2008BrendaGeneralMareski,CPD. Ashcraft, NCCP, Monroe,Richlands,NC(S) Cary,S. Griffith,Cary,NC (S)SheilaK. Aldrich,Thomasville,NC(S)(G)Heather D. Peek,CharlotteA. AshleyMangum,NCCP,NC Asheville,(G)TeresaNC (G) count as DinaRebeccaL.NCCP,Billings,Lenoir, NCM.Norris,NCCP,NCmembers:390Weendedmembers:the 2007-2008the official membershipfollows:GeneralTotal Membership year with390520Amy R.MelindaArmstrong,SilerNC (S)StephenR. McCorkle,Lenoir,NC(S)(A)Associatemembers:31 (S)W. Dabbs,Mooresville,NC Angela(G)MichelleM.O'Neill,Matthews,NC (S)T. Powell,NorthWilkesboro,NCLloyd H. Harrison,Charlotte,NCCity,(G)StacieL. Batchel,Jacksonville,Associatemembers:31NCWe endedthe 2007-2008Membershipyear with the officialmembership count as follows:CharleneT.Daboll,Bell, NCCP,Jamestown,NC (G)Arryn J. Morris,Arden,NC (S) Raleigh, NC (G)Studentmembers:members:89LisaFortBragg,NC (S)MelissaG.General390Studentmembers:89As we doCharlotte,in each edition,NCPAwould like to acknowledge(A)ssociate,and (S)tudentAmber L. )eneral,Charlotte,NC (G)JohnC.Barden,NCSustainingMembers:4(S)RebeccaL. Billings,Lenoir, NC NCCP,(S)AshleyM. Norris,NCCP,NC , Huntersville,NC (SSustainingMembers:4members joining from October 9, 2007 – January 31, n Hoff, chelleM.O'Neill,Matthews,NC(S)LaurieA. Benz,NCCP, Waxhaw,Studentmembers:Associatemembers:31 89 4 4NC araT.Pulaski,NCCP,HighPoint,NCEducationalProgram members:SustainingMembers:Lisa Daboll,Fort Bragg,NCNC (S)MelissaG. Pate,Park,Raleigh,NC(S)(G)Studentmembers:89 2 2 4 Apex, NC (G)EducationalProgrammembers:Brooke M. Riley,MidwayNCBeverlyI. Holland,Statesville,MarthaL. Blackman-Hughes,SheilaK. Aldrich, NCCP,Thomasville, NC (G)CharlotteA. Mangum,NCCP,Cary,NC (S)(G) NC (G)RobinS. Hill,Concord,Debby Sawyer,ACP, Raleigh, NC ersville,NC(S)R. Armstrong,(S)(S)Stephen R.Strom,McCorkle,Lenoir,NCConcord,(S) (G) NC (A)JudyM.Charlotte,Hill,TraceeL. NCScheve,Spencer,Crystal L. Robinson,Graham,Teri Affiliatemembers:Total520 NCEducationalProgrammembers:24Siler City,KatieArden,Ferretti,NC (G)Sara T. Pulaski,NCCP,High(G)Point,NC (G) NC (S)Total520Charlene T. Bell,Arryn J. Morris,NCE.(S)Educational Program members:2 NCCP, Jamestown, NC Waxhaw,NC (G)Laura K. Rodgman,Raleigh,(G) NC (G)Marsha A. Johnson,Robin NCCP,S. Jacksonville,Hill, Asheville,Concord, NC(G)Debby Sawyer,ACP,NCRaleigh,Donna C. Carlton,L. Shelby,NC (A)Billings,NC (S)M. Norris,NCNC(G) (S)Total520to acknowledgeAs we do in each Rebeccaedition, NCPAwould Lenoir,likeour newest (G)eneral, Ashley(A)ssociate,and (S)tudentMarieP. Isenhour,Albemarle,NC (S)PamelaK. Zinser,Fayetteville,NC eournewest(G)eneral,(A)ssociate,and(S)tudentGreg L. Sears, Mint Hill, NC (S)CaseyMichelleL. Jones,NewMatthews,Bern, NC(S)YvonneCaudle,NCCP,Matthews,NC(G)Total members520MelindaW. Dabbs,Mooresville,NC2008:(G)M. O'Neill,NC (S)joiningfromOctober9, 2007– January P,Raleigh,NC(G)StephanieJ.Smith,Waxhaw,NC(G)As weKarendo in eachedition,NCPA wouldlike to acknowledge(A)ssociate,andLisaDaboll,FortBragg,NC (S)NC ourMelissaG.(S)tudentPate,Raleigh, NC NC(G) (S)Martha P. Sheffield,NC (S)NC e,(S)newest (G)eneral,MarieP. Isenhour, Albemarle,Pamela K.Lewisville,Zinser, Fayetteville,As wedo in eachedition,NCPAwouldlike to–acknowledgeournewest (G)eneral,and(S)tude

North Carolina Paralegal Association, Inc. Summer 2008 Affiliate Director Newsletter Teresa A. Stacey, Affiliate Director NORTH CAROLINA PARALEGAL ASSOCIATION, INC. P.O. Box 36264 Charlotte, NC