president’s message - catawba valley paralegal assoc · a. i like being able to take advantage of...

Catawba Valley Paralegal Association ● PO Box 3068 ● Hickory, NC 28603

APRIL 2016

PARASIGHT

Board of Directors

Laurie Hayden

President Leah Poovey

Vice-President and Assistant Treasurer

Debbie Dellinger

Secretary Pamela Dorsey

Assistant Secretary Beverly Cook

Treasurer Ellen Abernathy

Amanda Bentley

Corene Justice

Chera Pardue

One of my favorite songs as of

late is Stressed Out by Twenty

One Pilots. The chorus goes like

this:

Wish we could turn back time,

to the good ol’ days,

When our momma sang us to

sleep but now we’re stressed out.

We used to play pretend, give

each other different names,

We would build a rocket ship and

then we’d fly it far away,

Used to dream of outer space but

now they’re laughing at our face,

Saying, “wake up, you need to

make money."

As a younger person, I could

handle stress very well. It usually

just rolled off my back and I was

able to leave it behind and not be

bothered by it. As a younger

person, I also worked out three

days a week, which probably

helped alleviate stress without my

being aware of it.

As a more “mature” (some

would say middle aged) person, I

find that stress isn’t so easy to

ignore. It seeps its way into the

body and I feel it in my stomach,

muscles and head. Working in

the legal field where workloads

are high, clients can be needy or

difficult, and projects always

seem to be due “yesterday” can

cause stress and tension. I know

it’s time to take a break from

work when everyone around me

starts to get on my nerves.

Upon doing research on

managing stress, I came across a

blog called Psych Central. The

Associate Editor, Margarita

Tartakovsky, M.S. wrote an

article on 10 Practical Ways to

Handle Stress, which I thought

had some good tips.

10 Practical Ways

to Handle Stress

1. Figure out where the stress is

coming from. She says that stress often comes

from more than one place, but if

you can pinpoint all the stressors

in your life and choose the ones

that are the most stressful, you

can start closing in on the

problem and figure out how to

handle it. Sometimes it’s just a

matter of organizing your daily

duties.

2. Consider what you can

control and work on that. Figure out what you can control

and what you can’t control and

only work on the stressors that

you can control and determine

what you need to do to handle

them. For instance, if work is

stressing you out, make a list of

all the tasks you need to do, then

organize them in the order of

importance. Since you can’t

control things that are beyond

your control, don’t try to control

them as that will only make you

feel more stressed and helpless.

As Margarita says, “While you

can’t control what your boss does,

what your in-laws say or the sour

state of the economy, you can

control how you react, how you

accomplish work, how you spend

your time and what you spend

your money on…Doing what’s

within your power moves you

forward and is empowering and

invigorating.”

3. Do what you love. Margarita suggests finding a

hobby or two that you can do in

your spare time or on weekends.

It can be as simple as spending an

hour reading a book or working in

your garden. Maybe you can take

a walk or ride your bicycle. Is

there something you are

passionate about - animals,

writing, nature, decorating?

Experiment with a variety of

activities to find something that’s

especially meaningful and

fulfilling.

4. Manage your time well. One of the biggest stressors for

many people is lack of time to get

everything done. Their to-do lists

get longer, while the time to get it

all done gets shorter. Sometimes

we stay up late just to get that last

load of laundry done or lie awake

in bed agonizing over the things

we did not get accomplished that

day. By making a list of the things

you need to do each week and

breaking down that list into what

you can do each day, you will not

only alleviate stress, but will get

more things accomplished.

5. Create a toolbox of

techniques.

This toolbox is a list of

strategies or techniques that can

help alleviate stress. For instance,

if you are running late to work

and stuck in traffic, you can do

deep breathing exercises or turn

on the radio and concentrate on

the music or sing along. If

Member Spotlight Page 2

What’s New?

Page 3

Local Interest Page 4

History

Page 5 Financial Report

Page 6

Thank You/CPE Page 9

Committee Roster

0

In This Issue

President’s Message

Stressed Out . . .

Continued on Page 8


PARASIGHT APRIL 2016

JILL WRIGHT, a paralegal with

Martin & Monroe Pannell, PA in

Conover, NC who specializes in Civil

Litigation, Corporate Law and Estate

Planning.

Q. Where is your hometown? If

not in North Carolina, what

brought you here? A. Born in Mt. Clemmons, MI;

raised in Lapeer, MI; moved to

NC in 1987. I had some family

in North Carolina (grandmother,

aunt and cousins) and an interest

in being a paralegal. College

would be less expensive here and

my aunt offered me a place to

stay until I got a job/started

school.

Q. What prompted you to choose

a paralegal career? A. I took a business law class in

high school and found it

interesting. When I found out

that you can be a legal assistant

and help with research and

document prep – and not have to

be a lawyer - I thought that

sounded interesting. I originally

thought I’d like to be a criminal

law paralegal but things did not

turn out that way.

Q. Do you have a college degree

or paralegal certification? A. I have a paralegal degree from

Caldwell Community College

and I am certified by the NC Bar.

Q. What do you like most about

your job? A. To be honest what has kept me

here so long is the flexibility a

small, family firm has offered

me. (That, and co-worker

Kathy!!)

Q. What do you like least about

your job?

A. Hmm…sometimes people you

have to deal with on the phone

are not the most pleasant.

Q. How has your membership

in the CVPA benefited

you?

A. I like being able to take

advantage of the CPE’s

offered. I also think the

CVPA is a great way to

network with other paralegals

and their law firms which can

be a great resource if we have

questions on a matter or even

in job searching.

Q. What has been the highlight

of your career? A. Probably just getting my

career started by getting the

job here at Martin & Monroe

Pannell. I went to school part-

time for so long while

working full-time at a

mortgage company and then

when I started interviewing it

always seemed that I lacked

experience. (How was I

supposed to get that until

someone gave me a job??) So

it was a relief to finally be

able to start getting that

experience in the legal field.

Q. If someone contemplating a

paralegal career asked you

for career advice, what

would you say?

A. I’d say to go for it. I think this

career can be as little or as

much as you want. You can

work in a big firm or small

and in a variety of legal fields.

Q. What tips do you have on

how a paralegal can keep

her career interesting?

A. Well, I have been at the same

small firm for over 20 years so

maybe I am not the best

person to ask BUT I’d say to

participate in the continuing

education classes – even the

ones that may not apply to

your current job – just to keep

up to date and have that little

bit of information for when

you might have to deal with

one of those fields of law.

Q. What hobbies or activities

do you enjoy doing?

A. I love to read. Listen to

music. My son is in the

marching band so watching

them perform is one of my

favorite things.

Q. What is your favorite

vacation spot?

A. I go home to Michigan usually

twice a year to see family. So

my mom’s house is my

favorite spot!

Q. What worries you the most?

A. I am a Mom of two teenagers

(17 year old son/13 year old

daughter) so everything about

them worries me.

MEMBER SPOTLIGHT - JILL WRIGHT

Member

Spotlight

President’s Message Page 1

Member Spotlight

Page 2

What’s New? Page 3

Local Interest

Page 4

History Page 5

Financial Report

Page 6


Committee Roster

Page 10

Jill Wright, NCCP

APRIL 2016

PARASIGHT


LIVING PROBATE

What’s

New?

Continued on Page 7

General Statutes Section 28A-2B called Living Probate became effective on August 11, 2015.

Living Probate, also called “Ante-mortem Probate”

is the process by which a person seeks a declaration

by the court that his will or codicil is valid while he

is alive. Once a will or codicil is declared valid by

the court, the parties to the proceeding are

prohibited from later challenging the will or codicil.

This is an elective process and not mandatory. The

statute is as follows:

Article 2B.

Living Probate.

§ 28A-2B-1. Establishment before death that a

will or codicil is valid.

(a) Any petitioner who is a resident of North

Carolina and who has executed a will or codicil

may file a petition seeking a judicial declaration that

the will or codicil is valid.

(b) The petition shall be filed with the clerk of

superior court and the matter shall proceed as a

contested estate proceeding governed by Article 2

of Chapter 28A of the General Statutes. At the

hearing before the clerk of superior court, the

petitioner shall produce the evidence necessary to

establish that the will or codicil would be admitted

to probate if the petitioner were deceased.

If an interested party contests the validity of the

will or codicil, that person shall file a written

challenge to the will or codicil before the hearing or

make an objection to the validity of the will or

codicil at the hearing. Upon the filing of a challenge

or the raising of an issue contesting the validity of

the will or codicil, the clerk shall transfer the cause

to the superior court. The matter shall be heard as if

it were a caveat proceeding, and the court shall

make a determination as to the validity of the will or

codicil and enter judgment accordingly.

If no interested party contests the validity of the will or codicil and if the clerk of superior court

determines that the will or codicil would be

admitted to probate if the petitioner were deceased,

the clerk of superior court shall enter an order

adjudging the will or codicil to be valid.

(c) Failure to use the procedure authorized by this

Article shall not have any evidentiary or procedural

effect on any future probate proceedings.

(d) For purposes of this Article only, a

"petitioner" is a person who requests a judicial

declaration that confirms the validity of that

person's will or codicil.

§ 28A-2B-2. Venue.

The venue for a petition under G.S. 28A-2B-1 is

the county of this State in which the petitioner

whose will or codicil is the subject of the petition is

domiciled.

§ 28A-2B-3. Contents of petition for will

validity.

(a) Petition. - A petition requesting an order

declaring that a petitioner's will or codicil is valid

shall be verified and shall contain the following

information:

(1) A statement that the petitioner is a resident

of North Carolina and specifying the county of

the petitioner's residence.

(2) Allegations that the will was prepared and

executed in accordance with North Carolina law

and a statement that the will was executed with

testamentary intent.

(3) A statement that the petitioner had

testamentary capacity at the time the will was

executed.

(4) A statement that the petitioner was free

from undue influence and duress and executed the

will in the exercise of the petitioner's free will.

(5) A statement identifying the petitioner, and

all persons believed by the petitioner to have an

interest in the proceeding, including, for any interested parties who are minors, information

regarding the minor's appropriate representative.


Member Spotlight

Page 2


Local Interest

Page 4

History Page 5

Financial Report

Page 6


Committee Roster

Page 10



THE CALDWELL COUNTY COURTHOUSE

Local

Interest

Caldwell County was formed in 1841 from

parts of Burke and Wilkes Counties. It was

named for Joseph Caldwell, a professor and the

first president of the University of North

Carolina from 1804–1812 and from 1816–

1835.

The original settlement of Lenoir was first

known as Tucker’s Barn. The community of

Tucker’s Barn, which was settled by a family

named Tucker around 1765, was on the north

side of Lower Creek. The Tucker’s home

became a gathering place for many

occasions. It was a voting precinct, a muster

ground, a store and a place for “frolics” and

celebrations. The place was so popular that a

piece of music written for violins was

composed by a musician and entitled “Tucker’s

Barn.”

The court was ordered to be held at the

store of George Powell until a courthouse was

erected. Commissioners were named to select a

site as near the center as possible, acquire

land and a town, and erect a courthouse.

There was some division over a proper site

for the county seat. One party favored the

south side of Lower Creek because of the

scenic visibility of the Blue Ridge, but since

the majority of the citizenry lived on the

north side of Lower Creek, Tucker’s Barn

was chosen as the county seat. The name

was changed to Lenoir after General William

Lenoir, a Revolutionary War hero. Once the

county seat was determined, the commission

was charged with the responsibility of laying

a 25-acre site for a courthouse and jail.

However, the first (and only) courthouse

wasn’t built until 1905. The Caldwell

County Courthouse, located at 216 Main

Street NW in Lenoir, was designed by Martin

L. Hampton of Wheeler & Runge in the

Classical Revival style. It was listed on the

National Register of Historic Places in 1979.

Caldwell County Courthouse


Member Spotlight

Page 2


Local Interest

Page 4

History Page 5

Financial Report

Page 6


Committee Roster

Page 10

APRIL 2016

PARASIGHT


NC DISTRICT COURTS CELEBRATE 50 YEARS!

History

District Court Map

By: Kelley Walker,

NCCP

North Carolina is celebrating

some huge court anniversaries.

In 2016, the District Court turns

50 years old. In 2017, the

Court of Appeals will turn 50

and the Superior Court System

will turn 240 years old. In

2019, the Supreme Court will

turn 200 years old. There will

be various celebrations over the

state to commemorate these

anniversaries. As of April 19,

2016, no celebrations are listed

on the website: http://

celebrate.nccourts.org.

Here is the history of the North

Carolina District Court System.

In 1955, it became apparent that

the system of local courts con-

sisted of a hodgepodge, includ-

ing the Recorder’s Courts, Do-

mestic Relations Courts, Mu-

nicipal Courts, and Justice of

the Peace Courts. At the re-

quest of Governor Luther

Hodges and Chief Justice W.V.

Barnhill, the NC Bar Associa-

tion formed the Committee on

Improving & Expediting the

Administration of Justice in

North Carolina. The committee,

historically referred to as “The

Bell Commission” was chaired

by prominent Charlotte attorney

J. Spencer Bell.

The General Assembly did not

widely receive the recommen-

dations of The Bell Commis-

sion and they were forced to

reconvene and further study the

various needs to provide uni-

formity to the North Carolina

local court system. In 1962, a

proposed constitutional amend-

ment, known as Article IV of

the North Carolina Constitu-

tion, was placed on the ballot

and approved by a vote. Upon

approval of the amendment,

legislation was enacted to im-

plement the new plan. In 1963,

the General Assembly created a

Courts Commission to prepare

the legislation. The proposed

legislation which was ratified

by the 1965 General Assembly

was known as the Judicial De-

partment Act of 1965.

Because the nature of the

changes were so sweeping, the

District Courts were established

statewide in three phases. The

first phase established District

Courts in 22 counties in De-

cember 1966. District Court

was established in 61 counties

in December 1968 following

the elections, and the remaining

17 counties established District

Courts following the elections

in December 1970. The newly

elected District Court Judges

Continued on Page 7


Member Spotlight

Page 2


Local Interest

Page 4

History Page 5

Financial Report

Page 6


Committee Roster

Page 10

http://celebrate.nccourts.org/

http://celebrate.nccourts.org/



Financial

Information

JANUARY FEBRUARY MARCH - 2016


Member Spotlight

Page 2


Local Interest

Page 4

History Page 5

Financial Report

Page 6


Committee Roster

Page 10

APRIL 2016

PARASIGHT


What’s

New/

History

Continued

LIVING PROBATE (CONTINUED)

took office the first Monday in

December following the re-

spective elections in their dis-

tricts. The local courts that the

District Courts replaced were

all abolished and their cases

were transferred to the dockets

of the District Courts. Also,

the offices of the Justice of the

Peace were dissolved and re-

placed by Magistrates.

Our District Courts hear all

cases regarding divorce, child

custody and monetary cases

involving sums less than

$25,000.00. They also hear

misdemeanor criminal cases

and infractions. Civil cases

may be heard by a jury, if it

has been requested by a party.

Child custody cases are always

decided by the judge without a

jury.

Magistrates are appointed by

the senior resident Superior

Court judge from a list of

nominees that the Clerk of Su-

perior Court provides. The

magistrates hear small claims

cases of $10,000.00 or less,

landlord eviction cases, suits

for recovery of personal prop-

erty, and motor vehicle me-

chanic’s liens.

Continued from Page 5

(b) The petitioner shall file the original will or

codicil with the petition. If an order is entered

declaring the will or codicil to be valid, the court

shall affix a certificate of validity to the will or

codicil.

§ 28A-2B-4. Declaration by court; bar to caveat.

(a) If the court enters a judgment declaring a

will or codicil to be valid, such judgment shall be

binding upon all parties to the proceeding, including

any persons represented in the proceeding pursuant

to the provisions of G.S. 28A-2-7, and no party

bound by the judgment shall have any further right

to, and shall be barred from filing, a caveat to the

will or codicil once that will or codicil is entered

into probate following the petitioner's death. If a

party shows, by clear and convincing evidence, that

before and during the hearing, the petitioner was

subject to financial or physical duress or coercion

which was so significant that the petitioner would

not have reasonably disclosed it at the hearing, the

party may make a motion to the superior court that

the party be permitted to file a caveat,

notwithstanding the entry of the judgment.

(b) If the court declares a will or codicil to be

valid, upon the motion of the petitioner or the court,

the court may order that the will or codicil cannot

be revoked and that no subsequent will or codicil

will be valid unless the revocation or the subsequent

will or codicil is declared valid in a proceeding

under this Article. If the court enters such an order,

any subsequent revocation of the will or codicil not

declared valid in a proceeding under this Article

shall be void and any subsequent will or codicil not

declared valid in a proceeding under this Article

shall be void and shall not be admitted to probate.

(c) If a will or codicil judicially declared valid

is revoked or modified by a subsequent will or

codicil, nothing in this section shall bar an

interested person from contesting the validity of that

subsequent will or codicil, unless that subsequent

will or codicil is also declared valid in a proceeding

under this Article in which the interested person

was a party. If a will or codicil judicially declared

valid is revoked by a method other than the

execution of a subsequent will or codicil, nothing in

this section shall bar an interested person from

contesting the validity of that revocation, unless that

revocation is also declared valid in a proceeding

under this Article in which the interested person

was a party.

NC DISTRICT COURTS CELEBRATE 50 YEARS! (CONTINUED)



Member Spotlight

Page 2


Local Interest

Page 4

History Page 5

Financial Report

Page 6


Committee Roster

Page 10



STRESSED OUT . . . (CONTINUED)

President’s

Message

someone upsets you at work, take a walk during lunch.

If you have an office, close your door and do some

stretching exercises.

6. Pick off the negotiables from your plate. Another good suggestion from Margarita is to

review your daily and weekly activities to see what

you can take off your plate. Do your children really

need to be involved in all those extracurricular

activities? Are you volunteering for too many causes?

If you decide which activities are really important and

which ones you really love doing, you can probably

take some off the list, which will greatly reduce your

stress.

7. Are you leaving yourself extra vulnerable to

stress? Per Margarita, “Whether you perceive something as

a stressor depends in part on your current state of mind

and body. So if you’re not getting sufficient sleep or

physical activity during the week, you may be leaving

yourself extra susceptible to stress. When you’re sleep

-deprived, sedentary and filled to the brim with coffee,

even the smallest stressors can have a huge impact.”

8. Preserve good boundaries. This means learning to say no. Don’t always feel

obligated to help someone out just because they ask.

My youngest daughter used to be involved with a local

youth theater group. It was up to the parents to do all

the work on the productions. One year when looking

at the committee sign-up sheet, I noticed that not many

people had signed up so I put my name down for four

committees. That was the worst thing I could have

done because all four committees were time

consuming and contributed to extra stress not only

because I ended up with a lot to do, but I wasn’t home

very much on the weekends.

Margarita says that one thing she has noticed about

productive, happy people is that they are very

protective of their time and having their boundaries

crossed.

9. Realize there’s a difference between worrying

and caring. Margarita says, “Sometimes, our mindset can boost

stress, so a small issue mushrooms into a pile of

problems. We continue worrying, somehow thinking

that this is a productive — or at least inevitable —

response to stress. But we mistake worry for action.”

Clinical psychologist Chad LeJeune, Ph.D, says that

“Worrying is an attempt to exert control over the

future by thinking about it,” whereas caring is taking

action. “When we are caring for someone or

something, we do the things that support or advance

the best interests of the person or thing that we care

about.”

LeJeune uses the simple example of houseplants. He

writes: “If you are away from home for a week, you

can worry about your houseplants every single day and

still return home to find them brown and wilted.

Worrying is not watering.”

Worrying about things does nothing but get you

worked up and may prevent you from taking action.

10. Embrace mistakes—or at least don’t drown in

perfectionism. The last tip is my personal favorite. Margarita says

that another mindset that can exacerbate stress is

perfectionism. Trying to be mistake-free puts too

much pressure on yourself. And when you make a

mistake, it can be so upsetting that it’s constantly on

your mind and (for me) you have trouble shaking it.

As researcher Brene Brown writes in her book The

Gifts of Imperfection: Let Go of Who You Think

You’re Supposed to Be and Embrace Who You Are,

“Perfectionism is not the same thing as striving to be

your best. Perfectionism is not about healthy

achievement and growth” and it’s not self-

improvement. Research shows that perfectionism

hampers success. In fact, it’s often the path to

depression, anxiety, addiction and life-paralysis [‘all

the opportunities we miss because we’re too afraid to

put anything out in the world that could be

imperfect’].”

To overcome perfectionism, Brown suggests

becoming more compassionate toward yourself. I

would also add forgiving.

To read the full content of

Margarita Tartakovsky’s blog

on handling stress, visit

http://psychcentral.com/blog/

archives/2011/07/11/10-practical-ways-to-handle-

stress/



Member Spotlight

Page 2


Local Interest

Page 4

History Page 5

Financial Report

Page 6


Committee Roster

Page 10

APRIL 2016

PARASIGHT


THANK YOU/UPCOMING CPE

Thank

You/

Upcoming

CPE

UPCOMING SEMINARS

May 10, 2016

Vanessa B. Hawkins, Esq.

Hawkins & Mace, PLLC

Absolute Divorce and Its Effects

June 14, 2016

Ethics CPE

(TBA)

August 9, 2016

Brandon Ashburn, Esq.

Campbell & Associates

(TBA)

September 13, 2016

Donna Hicks Spencer

Catawba County Register of Deeds

E-Recording from

Register of Deeds Perspective,

Updates Affecting Register of Deeds Office

and Changes in New Notary Manual

Robert Half

2016 Salary

Guide for the

Legal Field

https://www.roberthalf.com/sites/default/files/

Media_Root/images/rhl-pdfs/

robert_half_legal_2016_salary_guide.pdf

Thank you

Marc Arrowood Regional Sales Director

Simplifile for presenting

CPE on

E-Recordings

Thank you

Derek L. Mace, Esq. for presenting

CPE on

Family Contracts vs.

Court Orders


Member Spotlight

Page 2


Local Interest

Page 4

History Page 5

Financial Report

Page 6


Committee Roster

Page 10



Committee

Roster

CVPA ROSTER OF COMMITTEE MEMBERS

CPE

Jerri Lee (Chair)

Hawkins & Mace, PLLC

[email protected]

Leah Poovey

Heather Misenheimer

John F. Cutchin, P.A.

Community Outreach

Amanda Bentley (Chair)

Catawba County Attorney’s Office

[email protected]

Chera Pardue

Sellers, Ayers, Dortch & Lyons, PA

Fundraising

Pamela Dorsey (Chair)

Baker Furniture

[email protected]

Amanda Bentley

Catawba County Attorney’s Office

Membership

Laurie Hayden (Chair)

Patrick, Harper & Dixon L.L.P.

[email protected]

Pamela Dorsey

Baker Furniture

Newsletter

Beverly Cook (Chair)


[email protected]

Kelley Walker

Scott Matthews Law Firm

Laurie Hayden


Publicity

Leah Poovey (Chair)

Social:

Heather Misenheimer (Chair)

[email protected]

John F. Cutchin, P.A.

Julie Follman

John F. Cutchin, P.A

Website:

Laurie Hayden (Chair)


Lori Edwards (Facebook)


Happy Spring!


Member Spotlight

Page 2


Local Interest

Page 4

History Page 5

Financial Report

Page 6


Committee Roster

Page 10

president’s message - catawba valley paralegal assoc · a. i like being able to take advantage of...

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