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Departments

Attorney Richard T. O’Connor has joined Bacon Wilson P.C. in Springfield. O’Connor is a member of the Health Care Department and will focus on matters involving medical groups, regulatory compliance, and managed-care agreements.

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Douglas J. De Leo has been elected to the Board of Trustees at the Clarke School for the Deaf in Northampton. De Leo and his family participate in the Parent-Infant Program at Clarke’s Family Center, and recently hosted a reception in Westfield to introduce the community to Clarke’s outreach efforts. De Leo is the founder of NWS Corp., providing business and academic telecommunications networks to corporations, college campuses, and military complexes across the United States.

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Marilyn Ghedini has joined Masslive.com in Springfield as an Account Executive specializing in real estate. Ghedini has 28 years of real estate experience, and served as president of the Greater Springfield Assoc. of Realtors in 2002.

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Morgan Stanley in Springfield announced the following:
• Michael D. Ravosa has been promoted to Associate Vice President, Financial Advisor, in the firm’s Global Wealth Management Group office, and
• John S. Bonatakis has been promoted to Associate Vice President, Financial Advisor, in the firm’s Global Wealth Management Group office.

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MassMutual’s Retirement Services Division in Springfield announced the following:
• Karen Buoniconti has joined MassMutual’s TPA service organization, supporting the western region;
• Jim Keating has been named Relationship Manager for MassMutual’s TPA service organization, serving the northeast region, and
• Eric Sarrazin has joined MassMutual’s TPA service organization.
The new TPA relationship managers are focused on assisting advisors with plan reviews, investment-change processing, product and service education, and other valuable support for TPA-serviced plans on MassMutual’s platform.

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Country Bank of Ware has named Denise D. Hawk as First Vice President and Director of Retail Lending. She has more than 20 years of experience in the lending industry and will manage the origination functions of the bank’s residential and consumer loans, and direct the lending team’s efforts.

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lia sophia in Chicopee announced the following:
• Tammy Biller has received top honors for the Excellent Beginnings Program for outstanding sales accomplishments and professionalism;
• Brittany Burtness has received top honors for the Excellent Beginnings Program for outstanding sales accomplishments and professionalism, and
• Lynn Lafrennie has received top honors for the Excellent Beginnings Program for outstanding sales accomplishments and professionalism.

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Sean Wandrei, CPA for Meyers Brothers Kalicka of Holyoke, has been named a member of the Board of Directors of the Young Professional Society of Greater Springfield. He will serve a two-year term as Treasurer. Wandrei has more than 12 years of experience in public accounting with a focus on taxation.

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Bulkley, Richardson and Gelinas of Springfield announced the following:
• Jenelle C. Dodds has been named a Partner;
• Vanessa L. Smith has been named a Partner;
• Daniel M. Rothschild has been named Counsel, and
• Eric D. Beal has been named an Associate.

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Skoler, Abbott & Presser, P.C. announced the following:
• Ralph F. Abbott, Managing Partner, has been named a Super Lawyer by Boston magazine. Abbott’s practice is in the area of labor relations, helping companies manage union negotiations, collective bargaining agreements, and labor arbitrations, as well as working with companies that want to remain union-free.
• Jay M. Presser, Partner, has been named a Super Lawyer by Boston magazine. Presser heads the Litigation Department, which focuses on preventing and defending employment-related litigation, including employment discrimination and wage-and-hour matters as well as other legal matters brought by employees against their employers.
• John H. Glenn, Partner, has been named a Super Lawyer by Boston magazine. Glenn’s practice is predominantly in labor relations, helping companies manage union negotiations, collective bargaining agreements, and labor arbitrations, as well as working with companies that want to remain union-free.
• Marylou V. Fabbo, Partner, has been named a Super Lawyer by Boston magazine. Fabbo’s practice concentrates in employment-related matters, defending lawsuits in state and federal court and before administrative agencies, such as the Mass. Commission Against Discrimination. Fabbo also assists employers with preventative measures that avoid such litigation, including handbook and policy review and development, performance management, and disciplinary issues.
• Susan Fentin, Partner, has been named a Super Lawyer by Boston magazine. Fentin’s practice concentrates in employment-related matters, defending lawsuits in state or federal court and before administrative agencies, as well as assisting employers with preventative measures that avoid such litigation.
The firm, which practices exclusively labor and employment law and represents only management, has offices in Springfield, Worcester, and Meriden, Conn.

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Tastefully Simple Inc. in Agawam announced the following:
• Kelly Jendza has joined the firm as an independent Consultant;
• Kristin Gagnon has joined the firm as an independent Consultant;
• Jennifer Denault has joined the firm as an independent Consultant;
• Amber Fazio has joined the firm as an independent Consultant;
• Judy Koralik has joined the firm as an independent Consultant;
• Andrea Hartin has joined the firm as an independent Consultant;
• Kathryn Callahan has joined the firm as an independent Consultant, and
• Erin Burke has joined the firm as an independent Consultant.
As consultants, the women offer the company’s gourmet foods and beverages to guests at home taste-testing pa

Opinion
Go Green, but Be Smart About It

Economists say we are facing a long recession. The Patrick administration offers a response: investing in the ‘Green Economy’ — primarily energy efficiency, renewable energy, and grants to encourage green companies to grow here — as good for the environment and the economy. And they’re right — if we do it correctly. However, in our exuberance to do the right thing, there is the potential to spend money needlessly, and residents may not get all the benefits they should expect.

Let’s start with the basics. The proposed investments are not funded by taxes but rather through surcharges and tariffs collected on customers of utilities — totaling about $175 million in 2009. This money supports utility-operated energy-efficiency programs and grant programs at quasi-government organizations such as the Mass. Technology Collaborative to build renewable power installations and provide seed money to green industries.

In addition, the Green Communities Act would allow utilities to invest ratepayer money to subsidize more renewable-power projects, with the financial risk and higher costs borne entirely by the ratepayer. This is all on top of an existing law that subsidizes renewable power to the tune of $125 million per year, and the approximately $75 million allocated to energy efficiency from recent auctions of carbon allowances as part of the Regional Greenhouse Gas Initiative.

All this adds up to billions of dollars over the next few years alone, a huge wealth transfer from electricity users (many of whom are struggling in the economic downturn) to favored industries and programs. As a result, the administration and the Legislature have a heightened obligation to make sure the programs are cost-effective, transparent, and coordinated, and to monitor the overall program costs.

At present, that is not the case. Since responsibility for these programs spans different agencies and arises from separate legislation, regulation, and administrative actions, it is not clear that anyone except perhaps the attorney general, as ratepayer advocate, is adding up the combined impact of all these programs on ratepayers’ bills or gauging the economic impact of raising electricity rates on one sector of the economy to give incentives to other sectors. While some of the charges that fund these programs are separately identified on ratepayers’ bills, others are not, making them invisible to consumers.

That is not only unfair, but unwise. Without more coordination and cost control, and a hard look at their cost-benefit, these investments will be a patchwork of government and non-government programs operating in their own silos, resulting in redundancy and wasted money.

The fact that something raises costs or does not have an immediate payback, of course, does not mean we shouldn’t do it. Manageable higher prices today are an appropriate trade-off to free ourselves of fossil fuels, for environmental, social, and security reasons, as well as for the potential economic boost of more jobs.

But we must be smart. An economic crisis like this should open the door to innovative thinking and bold actions. The desire for expediency should not absolve the administration from spending the money efficiently and providing information in a transparent and accessible way. At a minimum, this means all the programs should be separately itemized on ratepayers’ bills. Also, the Legislature should maintain vigilant oversight of these programs.

Massachusetts can be the leader it wants to be and turn economic anxiety into economic advantage by committing to build or upgrade our ‘green infrastructure.’ Energy efficiency, distributed generation, wind farms, solar installations, new natural-gas-fired power plants, mass-transit projects, ‘smart’ electric meters, and plug-in stations for electric cars should all be in the mix.

But let’s do something that works, not something that just sounds good. The current crisis will be the catalyst for positive environmental and economic changes only if we resist the urge to spend unwisely.-

Robert Rio is senior vice president of Government Affairs at Associated Industries of Mass. Roger Borghesani is chairman of the Energy Consortium.

Sections Supplements
When Should You Begin Receiving Social Security Benefits?

More than 91% of current retirees receive monthly benefits from the government program known as Social Security. The program is very important to seniors, as nearly three out of five retirees receive at least half of their income from Social Security.

Furthermore, pensions and other related safety nets that were once commonplace have and continue to disappear from the workplace. As such, it is imperative that individuals understand their options as to when they should commence receiving Social Security retirement benefits.

Individuals must wait until their full retirement age in order to draw non-reduced Social Security benefits. For Baby Boomers (defined as those born between 1943 and 1954), full retirement age is at age 66. The threshold is increasing gradually until it hits 67 for workers born in or after 1960. However, an individual may elect to receive Social Security retirement benefits at age 62, which is what approximately one-half of workers do elect. But if an individual elects to receive benefits at age 62, there will be a permanent reduction in the amount of monthly benefits the individual can receive.

For example, if your full retirement age is 66, and if you file for benefits at 62, your monthly check will be reduced about 25% from your full benefit; file at 63, the reduction is about 20%; file at 64, the reduction is about 13.3%; file at 65, and the reduction is about 6.7%. But in the event that a person delays receiving Social Security benefits until after full retirement age, the retiree gets a bonus in the form of delayed retirement credits. These annual increases apply for each year that a retiree delays retirement, up until the age of 70 years old.

Pros and Cons

There are several factors that an individual should weigh prior to deciding the proper age to receive Social Security benefits.

One such factor is whether or not they have other sources of income. If an individual has sufficient income, then it may be wise to defer the benefits until full retirement age or later. Even if an individual must retire at age 62, it might be a good idea to delay receiving benefits if he or she has other savings and investments to cover living costs.

In the event that an individual elects to receive early benefits at 75% of the full benefit, to come out ahead, the four-year investment return on those benefits would have to be about 8% a year. Therefore, Social Security is providing a guaranteed 8% return for waiting. If possible, it may be more beneficial to delay receiving benefits and use other investments for that four-year period.

Another factor is whether or not a person wishes to continue working. An individual is not required to stop working to receive benefits. However, if a person elects to continue working and to receive benefits before full retirement age, then that individual faces a potential reduction in benefits.

Specifically, for every two dollars a person earns over $14,160 annually in 2009, there is a $1 reduction in the Social Security benefit. Many people would prefer to continue working as long as possible. However, for those who continue to work, this may make taking benefits early an unwise decision. For individuals not working, the reduction may not apply.

As the U.S. employment market turns toward service jobs and away from labor-intensive jobs, that preference might become easier to meet. A laborer who has a physically demanding job may not have the luxury of working beyond age 62 because he or she is not physically able to do so, while an individual in an office or other non-labor-intensive job may not face the same physical impediment to continue working.

Still another factor is an individual’s health. If an individual is in poor health, which may reduce their life expectancy, then electing an early benefit may be a wise decision.

For example, someone in poor health at age 62 may not live to be age 77, the statistical break-even point. Due to poor health, this individual may no longer be able to work and would need Social Security payments at age 62 to survive financially.

Yet another factor is an individual’s marital and family status. A spouse can receive the greater of his or her own benefit or one-half of the spouse’s benefit. Individuals can receive a spouse’s benefit only when their husband or wife has also begun collecting benefits. Your children may also be eligible for a benefit on your work record if they are under age 18 or if they have a disability that began before age 22. For them to receive benefits, you must be getting benefits too.

The Medicare Factor

Another important and often overlooked concern is the payment of Medicare premiums. Currently, individuals become eligible for Medicare benefits at age 65, regardless of when they elect to receive Social Security benefits.

Typically, Medicare Part B premiums are automatically deducted from an individual’s monthly Social Security benefit. For those who elect to receive their benefits later than age 65, they must pay their premiums by other means until they begin drawing Social Security.

Unfortunately, some individuals forget to pay these premiums, and their Medicare benefits lapse. They may re-enroll, but they are penalized and have to pay a higher premium.

In sum, determining the best age to receive Social Security benefits is a complicated endeavor. It is best to recognize that the decision about when to commence receiving Social Security benefits is highly personal and depends upon individual circumstances. An estate-planning attorney and other financial professionals can assist you in navigating this process.v

Todd C. Ratner is an estate-planning, business, and real-estate attorney with the Springfield-based law firm of Bacon Wilson, P.C. He is a member of the National Academy of Elder Law Attorneys and recipient of Boston magazine’s 2007 and 2008 Massachusetts Super Lawyers Rising Stars award; (413) 781-0560;[email protected];bwlaw.blogs.com/estate_planning_bits

Features
Avid Ironworks Forges a Place in the Region’s Construction Industry
Janice Visconti

Janice Visconti says her career change from nursing to president of Avid Ironworks has been a successful blending of business and family.

When Janice Visconti left a career of more than 20 years to run the family business, she knew that her new role would surprise those who had known her as a pediatric nurse.

“It’s definitely a career change,” she told BusinessWest. “I see people I used to work with, and they ask, ‘are you still at the hospital?’ And I say, ‘oh, you won’t believe where I am.’”

To be specific, she’s in the president’s chair at Avid Ironworks in Springfield, which her husband, Dave, and her father-in-law, Joseph, launched in 2005.

Dave had built and operated an independent metal-fabrication business since the mid-1980s, but closed shop about five years ago. He reopened with his father at the helm as a silent partner, but Janice bought him out in 2006.

The timing was right to switch careers, she said, because she wasn’t actively working in nursing. About five years ago, after the Viscontis’ 9-year-old son lost a five-year battle with neuroblastoma, the importance of family overshadowed career goals, and Janice quit her job in home care to spend more time with her daughter, now 11. When the opportunity arose to join her husband in the family business, it just made sense.

“I like the flexibility of it, the challenge of doing something different and working for myself,” she said. “After my husband had done it for years, he said, ‘I don’t want to be the president of a company anymore.’ He just wanted to go in and work. I started getting interested in doing some office work, and he asked me, ‘why don’t you own the company?’”

At first, Janice worked at home away from Avid’s small headquarters on Rose Street in Springfield, but when a larger, neighboring building became available, the entire operations moved there. “It’s worked out well,” she said.

Eager to Work

Avid Ironworks serves as subcontractor for a variety of general contractors, with output including rails, stairs, catwalks, and other ornamental metals; gas metal arc welding, gas tungsten arc welding, and aluminum, stainless, and carbon steel welding; and a range of other services.

“We fabricate iron and materials here in the shop, and we have welders that will install on site,” Visconti said.

“We’re working on colleges, libraries, police stations, fire stations — that’s where the work is right now. There are a lot of bids out there in the public sector. We used to concentrate on private work, but then we became DCAM-certified.”

That certification by the Mass. Division of Capital Asset Management opens doors for contractors and subcontractors seeking public-sector work in the Commonwealth, and it also promotes diversity, in particular businesses owned by women and minorities, which is a benefit for Avid.

“With these public jobs, you have to be DCAM-certified to work on them,” Visconti said. “We have to submit a bid to DCAM, and they have to choose the lowest responsible bidder, and the general contractor who wins that bid has to choose you. It’s good in a way; it gets the general contractors working with a lot of different people. We’re already pre-qualified, so we can do the job.

“It’s definitely a process, though,” she continued. “A lot of general contractors stay away from that because there’s a lot of paperwork for anything dealing with the state. But once you get certification, it’s nice because it opens up lots of doors.”

For instance, she’s spoken with general contractors in Connecticut who had to become DCAM-certified to move into Massachusetts. “With work starting to dry up in Connecticut, they’re moving over the border, but that gives us more opportunities to work with different contractors.”

On top of that, Avid has also been certified through the State Office of Minority and Women Business Assistance.

“Being a woman in the workforce, that’s supposed to help with gaining contracts and being more competitive with other companies,” she said. “That was the whole purpose of it. I own a business in a competitive market, and if this gives me any type of advantage, that’s good.”

Still, she said, Avid typically bids on DCAM work that must go to the lowest bidder, so she hasn’t seen many ill effects of being a woman in an overwhelmingly male field.

In fact, due to DCAM, “there are contractors out there who will contact us because they need to work with more women and minorities,” she said. “The state of Massachusetts is definitely pushing toward equal opportunities, and that’s definitely a plus.”

The ability to bid low also gives Avid an advantage over Eastern Mass.-based entities.

“There are a few companies in this area that we’re quite competitive with, but a lot of the companies out east, their prices are really out there,” she said. “I don’t know if they have so much work that they don’t need to move into our area, but we really don’t compete with them.”

What growth Avid had attained in the past few years, however, must be balanced against the financial dark clouds impacting industries of all types.

“The steel prices alone have gone way up. The delivery freight surcharges, the gas surcharges, everything went up,” said Visconti — and that was before the sharp economic downturn started to put the clamps on some expected work.

“Things are definitely slowing down. In the wintertime, it’s always down anyway in this trade. But there’s some work that was out to bid, and they’re holding off or cancelling the jobs, and that affects us as well as everyone else. We’re lucky to be busy, but right now we’re expecting 2009 and possibly 2010 to be slow. Hopefully not too slow.”

Family Affair

Ironworking runs in the blood for Dave Visconti, whose grandfather worked at the Moore Drop Forging Co. in Springfield. And the company he founded truly is a family business; while he serves as operations manager, the Viscontis have a nephew on board as project manager.

Like most businesses these days, Avid is concentrating on simply surviving the next year or two. But down the line, Janice Visconti isn’t as interested in growing physically as much as maintaining a solid schedule of work.

“We don’t want to grow too big; that’s not always the best way, and we’re happy where we are,” she said. “We just want to stay busy and continue to provide a quality product in a timely and cost-effective manner for our customers.”

Meanwhile, Visconti doesn’t want to be the silent executive her father-in-law was. After all, she didn’t leave a career in health care to sit in an office and crunch numbers — so she became a certified welder in 2006.

“I figured, if I’m going to own this company, I want to learn the business. I don’t just want my name on it. So I got down there and learned how to weld,” she said.

Sounds like the framework of a successful second career.

Joseph Bednar can be reached at[email protected]

Sections Supplements
Nominations Sought for the Third Annual 40 Under Forty

Two years ago, BusinessWest initiated a new recognition program called 40 Under Forty. It was blueprinted to identify and then honor 40 outstanding young individuals in business and service to nonprofit agencies. But there was a much broader goal — to shine a spotlight on the wide and deep pool of young talent in this region. To say that the program has met and exceeded its goals would be a huge understatement. Now, it’s time for Year 3, and the work to identify the Class of 2009.

Anyone who says that youth is wasted on the young isn’t talking about these fresh faces.

We’re referring to the first two classes of BusinessWest’s 40 Under Forty program, which for the past two years has honored area business and civic leaders in their 20s and 30s — heck, two were barely out of their teen years — and is now gearing up to identify a third group of high achievers in 2009.

“It’s really cool to be recognized with such a great group of people,” said Rob Anthony, program manager at WMAS in Springfield and one of the 2008 honorees, who were profiled in the pages of BusinessWest and toasted at what has become a must-attend gala and networking event in the spring. “You see what kind of talent is out there, and it definitely gives you a promising feeling for what the future has in store.”

But the 80 individuals celebrated in 2007 and 2008 are only the tip of the iceberg. In both years, business leaders chosen to judge applications have said that the 60 or so individuals who didn’t score high enough to make the cut were certainly talented and valuable assets for the region.

So now it’s time for the third installment of a recognition program that has captured the attention of the region and its business community, bringing into sharp focus what most already know: that Western Mass. is home to a creative, motivated, and successful group of young business leaders, entrepreneurs, and innovators.

“This region draws a lot of unique people who — I know this sounds cliché, but it’s true — think outside the box,” said Amy Davis, a 2008 honoree and president of New City Scenic & Display in Easthampton. “I think people have moved from the cities and from other places to come here because it is a little bit different. People here are pretty eclectic, I’d say.”

With that quality comes the sort of creativity and flexibility that responds quickly to economic trends — and forges new ones.

“These are survivors,” she said, “people who, when things get tough, change it up a little bit. They’re able to go with the flow more than people in more conventional circumstances. I think there’s a unique and varied pool of talent in this area.”

Indeed, previous honorees have emerged from law, education, retail, health care, social services, finance, and many, many other fields — some forging completely new paths in computer technology, renewable energy, and ‘green’ business. In all cases, they have been successful in business and active in civic volunteerism, the latter being a critical consideration when judging applicants.

Michael Presnal, executive chef and proprietor of the Federal Restaurant in Agawam — one of three 2008 honorees who work in the restaurant business — was pleasantly surprised at the depth of talent on display in the Pioneer Valley.

“There were a lot of interesting people at the gala, and I didn’t realize how many creative people we have in the area,” he said. “It was fun, and I got a lot of positive feedback, a lot of calls to congratulate me. It was very positive for the restaurant as well.”

Departments

The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

EAST LONGMEADOW

Full Moon International Inc., 15 Benton Dr. East Longmeadow 01028. Oytun Troy, c/o Benza Erden, 136 Silver Birch, Longmeadow 01106. Import and export of various consumer goods.

Grade A Floors Inc., 15 Benton Dr., East Longmeadow 01028. Laurie A. Oyler, same. Sales/flooring.

FEEDING HILLS

MACD Enterprises Inc., 525 Springfield St. Feeding Hills 01030. Mark Danalis, 96 Edmund St. East Longmeadow 01028. Full-service restaurant.

GRANBY

CCLI Corporation 4 Jerry Lane, Granby 01033. Crescenzo Calabrese, same. To operate a restaurant.

GREENFIELD

Greenfield Bancorp MHC, 63 Federal St., Greenfield 01301. E. Tucker, 26 Lawler Dr., Easthampton 01027. Accumulating, loaning, and investing the savings of its members.

Jesse Leasing Company Inc., 52 River St., Greenfield 01301-3117. Cynthia Stasny, Same. Equipment leasing.

HOLYOKE

Carlos Torres Productions Inc., 2 Ivy Ave, Holyoke 01040. Alex Torres, Same. Artist management and representation.

PITTSFIELD

Ice River Springs USA Inc., 66 West St., Pittsfield 01201. James Fallis Gott, Grey Road 31, Feversham, Ontario NOC ICO. To engage in the ownership, improvement, development, maintenance, and management of real estate.

 

SPRINGFIELD

DevelopSpringfield Corporation, 1441 Main St., Suite 111, Springfield 01103
Gary Fialky, 70 Yorktown Dr. Springfield 01108. To aid in the speedy and orderly development or redevelopmentn of property in the city of Springfield.

MEME Air Inc., 35 Fern St., Springfield 01108. Mymie Pham, same. Aircraft rental.

Patriot Fence and railing designs Inc., 50 Trumbull St., Springfield, MA 01104. Jason Simmons, 72 Church St. West Springfield 01089. To engage in the sale, construction, and installation of commercial and residential fences.

Roger L. Putnam Technical Fund Inc., 1380 Main St., Springfield 01103. Franklin York Mayo, 73 High Pine Circle, Wilbraham 01095. To support current and future training courses and programs at Roger L. Putnam Vocational Technical High School and to solicit public and private contributions, including machinery and equipment.

Royal Beauty Supply Corp. 1104 State St., Springfield 01009. Elizabeth Kro, 11 Fisher St., Springfield, MA 01009. Beauty supplies.

WESTFIELD

Real Irish Inc., 37 Broad St., Westfield 01085 William P. Farrell, 90 Bigwood Dr., Westfield 01085. To engage in the production and publication of commemorative items for sale to the general public.

William Farrell, Counselor at law, P.C. 37 Broad St., Westfield 01085. William P. Farrell, same. To practice law and provide legal services to individuals and corporate entities.

WILBRAHAM

US Tae Kwon Do Education Foundation Inc., 28 Stoney Hill Road, Wilbraham 01095. Chun Ja Kim, 215 Chislak Dr., Ludlow 01056.To promote sportsmanship in young people.

Sections Supplements
Navigating and Advocating for Families with Special-needs Children

It is difficult enough for parents and family to ensure their child is receiving an appropriate education in today’s education model without the added difficulty of navigating the often-barely chartered waters of special education. Parents of ‘mainstream’ children must advocate and stay involved in the day-to-day schooling activities in order to obtain the best education available to their children. This can be daunting without the emotional stress of dealing with the challenges of our children, a system filled with acronyms, and a process and procedure that can be confusing on a good day.

Navigating the waters of special education can be made easier by a basic understanding of the rights, rules, and regulations that govern the school districts when deciding if a student is eligible for special education and, if so, what services that student will receive.

School districts are subject to state and federal laws that provide detailed procedures to ensure that a student receives a FAPE (free appropriate public education) during the entire time he or she is eligible for special education. Because special education is such a highly complex and regulated area of the law, it is in the parents’ best interest to seek assistance to understand the special-education process. The more informed and well-advised the parent, the more they can make of the opportunity to be a part of the design and development of their child’s educational experience.

The idea that you, the parent or person with custody of the child, will work in partnership with the school district is essential to the process of providing a FAPE for that child. In doing so, you will be a member of the IEP (individualized education plan) team for the student, which is charged with the development of an IEP. Both state and federal laws provide that the IEP be tailored to the student’s unique needs to provide sufficient services to enable the student to make meaningful educational progress and to assist the student in the acquisition of knowledge and skills, including social and emotional development based on appropriate chronological and developmental expectations.

Services to be provided to the student will be at no cost or expense to the family as part of the public-education program. It is also required that students in private schools at private cost are entitled to a FAPE if they want to take advantage of public educational services.

In order to determine eligibility for special services, the student is referred for an evaluation. Parental consent is required before the school can evaluate or test a child. However, the school can review existing data, give your student a test or other evaluation that is given to all students (i.e. MCAS or classroom tests) that are part of the general education program, or share information with federal or state educational officials without parental consent.

Such parental consent is required before your school district can provide special-education and related services to your student for the first time; to make a change in services, placement, or reevaluation; or to excuse members of the IEP team from attending a team meeting.

As the student’s advocate, you will be entitled to prior written notice from the school district when it proposes or refuses to take steps to identify your student as one with a special need, to evaluate your student, to provide special services to your student, or to change your student’s program. This is called ‘prior written notice’ by federal regulation, and the notice must state:

What the school district proposes or refuses to do;

Why the school district proposes or refuses to take the action; and

How the school district came to this decision, including information about each evaluation procedure, assessment, record, or report that was considered.

It must also describe any other options the IEP team considered and why those options were rejected.

Let the advocating begin. You have the right to request an IEE (independent education evaluation) from an independent, qualified examiner at public expense, provided you meet financial-eligibility requirements, or at your own cost at any time. This IEE must be considered in 10 days by the IEP team to determine if any changes should be made.

If disagreements about the IEP continue, the law provides for several methods of attempting to resolve the dispute. Initially, parents can bring the dispute to the attention of local public-school officials, and then, if still unresolved, they can use the services of the ESE (Department of Elementary and Secondary Education) Problem Resolution System. Mediation is another often successful option, and ultimately, if a hearing with testimony and witnesses is necessary, a due-process hearing through the BSEA (Board of Special Education Appeals) can be convened.

At all times in this education planning process, the assistance of an advocate, attorney, or other qualified professional is recommended. The laws regulating special education are very complex and can be easily misinterpreted or not properly followed procedurally. In order to ensure that your child’s educational experience is smooth sailing, engaging the services of the appropriate advocate, attorney, or other professional is essential.v

Julie A. Dialessi-Lafley, Esq. is a multi-faceted attorney with the law firm of Bacon Wilson, P.C., who focuses her practice areas in business law, real estate, estate planning, and administration and family law. She contributes to a popular Family Law Blog at bwlaw.blogs.com/ familylawbits; (413) 781-0560;[email protected]

Features
Surveillance System Brings Crime, Safety Concerns into Focus
Chris Castellano

Chris Castellano keeps on eye on Springfield from the monitoring room.

They’ve been in place only a few months now, but the cameras positioned in downtown Springfield are already showing enormous promise as a vehicle for making the area safer and more attractive. The surveillance system currently boasts more than 15 cameras, and there will be 25 within a few weeks and 40 by the end of the next year. They’re capable of picking up license plates from a few hundred yards away, and they’re giving Springfield officials and police some much-needed eyes in the sky.

Chris Castellano zoomed in on a stretch of Harrison Avenue near the Civic Center Parking Garage.

There had been a rather high incidence of motor vehicle break-ins of the so-called ‘smash-and-grab’ variety in that area, and Castellano, operations manager of the Springfield Business Improvement District (BID), wanted to show BusinessWest exactly where all this was happening.

He did so by manipulating a camera — installed atop the back of the TD Banknorth Building that sits on the corner of Main and Harrison — now sending images to a command post of sorts at the Springfield Guides offices within that office tower. This is one of about 15 cameras that have been installed in the downtown area, with another 10 to be put in place over the next few months, and a total of 40 by the end of 2009.

With his Nintendo-like joystick, Castellano, staring at a bank of computer screens in the so-called ‘monitoring room,’ could zero in on that aforementioned area along Harrison Avenue, pan across to other sections of that busy quadrant, and even get in tight enough to read license-plate numbers and identify features on passersby, such as their style of dress and the color of their pants.

And with all that capability, he and others involved in a broad surveillance program involving the downtown and other areas of Springfield hope — and expect — to be able to use the past tense much more often when it comes to describing crime and patterns of it in the City of Homes.

This was the overall motivation behind a $175,000 state earmark for cameras and monitoring equipment, the first several of which were installed a few months ago, with new additions coming regularly since.

Indeed, as he talked with BusinessWest, Castellano discovered that another camera had been activated since the last time he was in his chair — this one a few hundred yards down Harrison Avenue. Perched on a light pole, it provides great views of the corner of Chestnut and Mattoon streets, which has been identified as a trouble spot in some ways.

“This is going to be interesting,” said Castellano as he maneuvered the camera and developed a feel for its range of motion, noting, as he did so, that the street corner in question and the surrounding area have seen larger-than-desired volumes of loitering and panhandling, much of it in front of a liquor store at the intersection. The new camera should help the Springfield Guides, a small group of individuals who patrol the 26-block area under the auspices of the BID and assist the police with keeping order, to reduce such activities and thus better protect visitors, workers, and residents in the downtown.

“A lot of the complaints we get — and the reason we put this camera here and put cameras in the positions they’re in — involve loitering and people who make others feel unsafe,” he explained. “With this camera, we can zoom in, and if we see anybody, we send out one of our patrols and ask them to move along. If they refuse to move, we contact the police, and they tell them to move along.”

This isn’t exactly what would be called serious crime, said Castellano, but it falls under the categories of quality of life and perception of safety, and the surveillance program should improve both.

“And when we cut down on those types of things, people will see that downtown is not a bad place to live or work in,” he continued, adding that the surveillance program is as much an economic-development tool as it is a public-safety initiative.

If the bad guys don’t yet know there are cameras on them — “it’s been all over the news, and if they read the press release we sent out, they’d know where the cameras are located,” said Castellano — they may well find out the hard way.

“It’s amazing what we’ve been able to see and do in just a few weeks — we’ve caught some people doing things they wouldn’t do if they knew there was a camera on them,” he continued, adding that he believes the cameras have helped police identify some wrongdoers, and will undoubtedly contribute to taking many such individuals off the streets, while giving law-abiding individuals more peace of mind.

For this issue, BusinessWest spent some time in the monitoring room to gain an understanding of the new surveillance system and how it should impact some of the big-picture issues in the region’s largest city.

Zoom Service

As he clicked through the menu of cameras currently installed, Castellano stopped at the one aimed down Worthington Street by what’s called Duryea Park.

“This is a fun one,” he explained. “With this camera we can see all the club action — we can see all the petty things kids do when they’re drunk and heading in and out of all the clubs.”

‘Fun’ was a word Castellano used more than a few times, but this surveillance program is serious business with a hard purpose — making a large dent in the twin issues of crime and the perception of same, which have been identified as some of the keys to revitalization of the city.

Such programs have been instituted in several other metropolitan areas, and even some much smaller communities — all as part of a broad program funded mostly by the U.S. Department of Homeland Security in the aftermath of the 9/11 attacks. While officials in the Boston suburb of Brookline recently made headlines for threatening to reject cameras amid concern from residents about a “surveillance society,” hundreds of cities and towns have embraced them.

That list includes New York, which has cameras in several areas of the city, Chicago, Atlanta, and Wilmington, Del. Business-improvement districts have been involved with the surveillance efforts, Castellano explained, and Springfield BID officials checked out several other cities’ systems to gain insight into their capabilities — and performance.

In downtown Atlanta, cameras were installed roughly a year ago, said BID Director Jeff Keck, adding that, according to one account, development officials in that city noted a significant drop in crime over the past six months — and the surveillance system has been given some of the credit.

A comprehensive surveillance system has been talked about in Springfield for the better part of a decade, said Castellano, adding that, while cameras had been approved and money earmarked, the cameras were not actually funded by the Legislature until very recently. In fact, lawmakers had to override Gov. Patrick’s budget veto to bring the first cameras to the downtown in early October.

There are now cameras spread across the 26-block section handled by the BID — an area that stretches from East Columbus Avenue to Edward Street, from Frank B. Murray Way to Bliss Street — and some locations outside that zone, including two in Mason Square.

The surveillance system is still a work in progress, said Castellano, with some kinks being worked out, new cameras being added regularly, and software upgrades pending that will significantly improve overall performance. In addition, the BID is exploring opportunities with Springfield Technical Community College to create classes that would train individuals to use the technology.

As an example of what this technology can — or soon will — do, Castellano paused to watch a pedestrian moving past the MassMutual Center. Soon, a software upgrade will enable individuals monitoring images sent from the cameras to essentially click on such an individual and follow their movements — all hands-free.

There is a certain Big Brother-like nature to this kind of surveillance that concerns some, Castellano acknowledged, but polls show that a majority of Americans support such activity as a way to reduce crime and keep streets safer.

Frame Work

Running through the scope and capabilities of the system, Castellano said the cameras are perched on buildings and streetlights, and have been strategically placed (with significant input from city police) to help reduce the incidence of crime. Images are monitored from 4 p.m. to 4 a.m. each day.

The cameras have a 360-degree range of motion, are equipped with night-vision technology, and can bring license plates into focus from several hundred feet away. The accompanying software, meanwhile, enables those monitoring the images to zoom in and out, play back any incidents, break them down frame by frame, and review them using slow-motion and freeze-frame technology.

“We can see things much better than we could with the naked eye,” said Castellano, noting, for example, that a frame-by-frame review of some images from one camera revealed how an individual was able to determine which cars to break into.

“He had a scout working ahead of him, checking out the cars,” he explained. “That’s how he could tell one car was unlocked. We used the tape to see that a guy was using a torch to break into cars; it turned out to be the same guy.”

As he focused in on another pedestrian seen in a recording of events captured by a camera at 1648 Main St, near the federal building, Castellano showed how the system could detect such details as a red hooded sweatshirt, brown pants, and sneakers. Sometimes, this is all police need to further an investigation.

Indeed, while most of the cameras have only been in place a few weeks or even a few days, Castellano said it’s certainly not too early to state conclusively that the surveillance system should help reduce the incidence of crime in Springfield.

“The cameras are proving themselves extremely effective in showing us all that’s going on and helping to make the streets safer,” he explained. “We’re still working the kinks out; once we’re at 100%, this system is going to be able to catch everything. It’s amazing what it has caught already — and sometimes we don’t even realize what we’ve caught.”

Castellano was careful not to reveal information that could hinder ongoing police investigations, he did say the cameras have helped achieve what he would term “progress” in some trouble spots.

These include Stockbridge Street, and specifically the area behind the Community Music School — site of several motor-vehicle break-ins — and the area by Gridiron Street and the Hippodrome.

Meanwhile, Castellano said he and others who monitor the images are finding their work intriguing — and ultimately quite rewarding.

“It’s work, but I have some fun with it, and my guys have some fun with it, too,” he explained. “They get really pumped up trying to catch someone committing a crime, and they love working with police; it’s exciting to them. We’re the eyes and ears for the police.”

Eyes in the Sky

Returning to the images provided by the camera positioned on Worthington Street, Castellano said that, in addition to the antics of club-goers, those monitoring the images have witnessed a few minor fights, all of which were broken up by police or bouncers.

Overall, he said the cameras have revealed something he pretty much knew already as a BID official and downtown resident — that Springfield has crime, but nothing more than most cities its size.

The surveillance system will make this known, he said, and also let residents, workers, and visitors understand that the city is focused on public safety, quality-of-life concerns, and, in general, making downtown a place to be, not a place to avoid.

In other words, big-picture issues.

George O’Brien can be reached at[email protected]

Departments

The following business incorporations were recorded in Hampden, Hampshire and Franklin counties, and are the latest available. They are listed by community.

AGAWAM

LRG Financial Inc., 430 Main St., Agawam 01001. David I. Arriagas, 610 Dickinson St., Springfield 01108. Financial services and counsel.

Reliance Laser Inc., 630 Silver St., unit 4A, Agawam 01001. Joseph L. Lovetti, 35 Speer Farm Road, Feeding Hills 01030 To engage in welding and cutting of small medical components for the medical industry.

AMHERST

Amherst Mission Church, 23 Woodlot Road, Amherst, MA 01002. Byung H. Kim, same. To reach out and spread the gospel to people who do not believe Jesus is Christ.

Electromaterials Inc., 23 Wildwood Lane, Amherst 01002. Jing Wang, same.
Research, development, and commercialization of novel energy storage structures and related materials.

BELCHERTOWN

Breakaway Retail Enterprises Inc., 315 Springfield Road, Belchertown 01007.
Eric Kosciusko, same. To carry on all or any of the businesses of merchants, importers, exporters, wholesale and retail dealers, of and in goods of all kind.

CHICOPEE

Atmy Corp., 810 Meadow St., Chicopee 01013 Muhammad Yasin, 1 Colonial Ave., Barrington, R.I. 02806. To conduct retail convenience store.

EAST LONGMEADOW

Artistic Dance Conservatory Corp., 357 Shaker Road East Longmeadow 01028.
Jennifer Dubilo, 7 East Circle Dr., East Longmeadow 01028. Charitable educational or scientific purposes.

FLORENCE

Omniwatt Energy Inc., 33 High Meadow Road, Florence 01062. Paul Vesel, same. To develop, acquire, manage, restructure, own, sell, broker, and otherwise commercially deal in and with power supply stations and facilities.

GRANBY

Manav Petroleum Inc., 30 West State St., Granby 01033. Ketki Vakil, 93 East Bay Ave., Manhawkin, N.J. 08050. To operate and manage a gas station and convenience store.

HOLYOKE

John D. Dinapoli Charitable Organization Inc., 138 Appleton St., Holyoke 01040 Gary Wagner, 17 Holly Meadow Road, Holyoke 01040. To provide scholarships to individuals and grants to other not-for-profit organizations in Holyoke and the surrounding communities.

 

LUDLOW

AJE Financial Corporation, 364 East St., Ludlow 01056. Robin Lee Wdowiak, 72 Norwich Road, Ludlow 01056. To own, operate, and carry on a financial service office.

PALMER

Neeco Inc., 15 Third St., Palmer 01069. Gary Como, 34 Bragg Dr., Warren 01083. Equipment sales and repairs.

SOUTHWICK

Guo’s New King Yen Too Restaurant Inc., 648 College Highway, Southwick 01077.
Joyce Guo, same. To operate a restaurant.

SPRINGFIELD

Big T’S Towing and Recovery Inc., 45 Claremont St., Springfield, MA 01108. Traleck Dickson, 132 Fort Pleasant Ave. Springfield, MA 01108. To teach students how to handle hook ups and towing and the safety that needs to be involved with towing
and recovery of vehicles.

CBA Charlton Housing Inc., 322 Main Street, C/O Hap Inc., Springfield 01105.
Thomas B. Zatko, 4 Meadowlark Dr. East Longmeadow 01028. Development or re-development, ownership, and operation of affordable rental housing.

Dartmouth Street Marketing Inc., 95 Dartmouth St. Springfield 01109. Marilyn B. Feldman, same. Engage in E-commerce.

Devine Trucking Inc., 20 Oakdale St., Springfield 01104. Michael D. Devine, 23 Valley Road, Sturbridge 01566. Trucking and warehousing service.

Hickson Law Group P.C., 51 Taylor St., Springfield 01103. Joseph M. Hickson, III, same. Law practice.

WESTFIELD

Momentum Properties Inc., 1817 East Mountain Road, Westfield 01085. Heather Grincavitch, same. To acquire equity thru property and rehab, rent manage, and other processing.

Sections Supplements
A Well-designed Document Can Help Employers Avoid Lawsuits

An unfortunate reality of any business, especially in the current economic climate, is that an employer will, at some time, have to terminate an employee. Employers must carefully navigate this process to avoid the numerous pitfalls that can result from the need to terminate employees.

Terminated employees may challenge the legality of their termination, often by contending that they were discriminated against, constructively discharged, or even retaliated against for acting as a ‘whistle-blower’ regarding the practices of the employer. Even if these claims are unfounded, the employer will incur some legal fees responding to any allegations.

Severance agreements are a useful tool that employers may wish to consider when making the decision to terminate an employee. Such agreements are designed to avoid litigation by providing former employees with valuable consideration in exchange for a release of certain claims against the former employer. However, if the severance agreement is drafted incorrectly, it can also be the cause of litigation. Further, employers must take into consideration several federal laws that protect the rights of employees. Failure to do so can render a severance agreement unenforceable despite the value the employer has already given to the former employee.

There are many important factors that must be taken into consideration when negotiating a severance agreement: provisions for wages, taxes, continued health care, other benefits, assistance in locating future employment, and, of course, the all-important release. These provisions should be specifically detailed in the agreement with regard to the amounts being paid to the employee as well as rights and responsibilities. Broad or over-generalized statements should be avoided because they can lead to unintended consequences that may negate the employer’s protections under the agreement.

The severance amount can be paid either as salary or in one lump-sum payment. The agreement should specify the manner of payment, along with what portions of any payment represent normal wages, back pay, and any other sums that are included. Emotional-distress damages are often included as well, which raises important tax questions for the employer and the employee. Emotional-distress damages are not subject to the same tax withholdings as wages, which generally shifts the burden of paying these taxes to the employee, rather than being deducted and paid by the employer.

Care must be taken in explaining this to avoid misleading the employee. The employer will need to include the wage portion in the employee’s W-2, and issue a 1099 for any non-wage payments.

Provisions providing for continued health care benefits must also be carefully drafted. These provisions should explain the duration of continued coverage, which party has responsibility for premiums, and the employee’s COBRA rights. Ancillary benefits, such as accrued vacation time and retirement, must also be dealt with.

Releases must be carefully drafted to achieve their expected results. Employers should be aware that certain claims cannot be waived under Massachusetts law. These claims include worker’s compensation claims, unemployment benefits, and payment of wages. Additionally, the protections of certain federal statutes, such as the Fair Labor Standards Act, cannot be waived, either. Including language in the agreement that purports to waive an employee’s rights in these protected areas could itself expose an employer to liability.

Other employee protections can be waived, such as age-discrimination claims, but employers must be sure to meet the technical requirements for these waivers to be effective. For instance, the federal Older Workers Benefit Protection Act (OWBPA), which sets requirements for an effective release of claims under the federal Age Discrimination in Employment Act (ADEA), requires that releases be written in plain and understandable language, that individual employees are provided with at least 21 days to consider the waiver and 45 days in the event of a group reduction in force, and that the employee has seven days to rescind the agreement, so that it does not become effective until the eighth day after it is signed by the employee.

Additionally, the employee should be notified that it is his right to seek the advice of counsel before signing the release. Failure to follow the technical requirements of OWBPA will leave an employer open to litigation despite the consideration already given by the employer. The release may also provide that, even if someone else pursues a claim on behalf of the employee (such as the EEOC), the employee will not seek to be paid any monies by the employer other than those received in the settlement.

Although properly worded severance agreements will cost the employer some money in the short run, they can serve as an effective insurance policy for the employer against claims by discharged employees, whose claims may or may not have merit, but at the very least, will cost the employer legal fees to defend them.v

Paul H. Rothschild, Esq. is chairman of Bacon Wilson, P.C.’s Litigation Department. His practice is concentrated in general litigation, as well as personal injury, product liability, medical malpractice, and employer/employee disputes. He also represents a number of employers in general business and higher education, providing advice on issues relating to termination, discrimination, and avoidance of disputes; (413) 781-0560;[email protected]

Sections Supplements
The Dangers of Estate-planning Software Programs

The recent sophistication of software has contributed to an increase in homegrown estate planning. These mass marketers of legal services misinform people into thinking that they are saving money and that they are receiving sound legal advice. This is simply not true.

As an estate-planning attorney, I felt an obligation to learn more about these sellers of legal advice. As such, I visited the Web sites and researched the software applications of several well-known estate-planning services.

One of them called itself a ‘Legal Documentation Service.’ The service purported to “save time and money on common legal matters … and create reliable legal documents from your home or office.” Another purported to “help protect your family and your assets, and save on legal fees.”

The process of preparing the documents among these companies was similar. Each required you to answer a series of questions, either online or via their software package, and your documents are prepared either instantaneously or within 48 hours. However, one software-based company suggests that you read an accompanying book, which is hundreds of pages in length. Although, you may not need to read the entire book, I do not understand how the public can decipher which parts to skip over and which to read thoroughly with only a basic understanding of estate planning. This seems like a hefty burden on the consumer and not quite the time-saver that the company publicizes.

Intrigued, I moved forward. I started answering the will questionnaires of several services, and due to my own thorough understanding of the intricacies of estate planning, I was perplexed that my options were limited on these questionnaires. Among other issues, I specifically wanted to better understand my options regarding the inheritance distribution alternatives for my children:

  • Could the distribution ages be staggered so that the children would not receive a windfall at age 18?
  • Could I separate principal and interest?
  • Could my children approach the trustee for health or educational needs prior to the set distribution age?
  • So, I called the telephone number provided on one of the Web sites, and I spoke to a young woman who was very pleasant. But when I asked if she could provide me with examples of how I could distribute my assets to my children in the event that I survive my spouse, she simply stated, “you can distribute any way you wish.”

    Although this may be somewhat accurate, it did not truly answer my inquiry. I then asked if she was a practicing attorney, and she answered that she was not.

    This was just the first of many questions that I had about the questionnaire. Another question regarded whether or not I was required to state my desire for organ donation and cremation in my will instead of my health care proxy. The representative answered that I am only able to insert this information into the will. Many attorneys suggest that this language be included in one’s health care proxy because that document is usually reviewed prior to the will.

    As such, the will may be read by your loved ones well after your body has been buried, and therefore, your intent will not be adhered to. But several of these companies do not allow this flexibility.

    Additionally, with many services, nothing prevented me from including a disabled child, who would be receiving governmental assistance, as a beneficiary under the will. As experienced estate planners know, the receipt of assets by a disabled individual on governmental assistance most often disqualifies them from governmental benefits.

    One company uses the tag line: “We Put the Law on Your Side,” a claim that a law firm cannot make under the marketing rules that govern the legal profession. Nevertheless, the company claims to be a leading legal Web site. Huh? The people that work on the documents are not attorneys, and they cannot, by law, give legal advice.

    To further illustrate this point, one Texas court went so far as to declare that a software-based mass marketer of legal documents constituted the unauthorized practice of law because its process was too interactive and sophisticated.

    Most companies do a review, making sure that all answers are completed in the questionnaire and that all spelling is correct. These minor tasks are akin to a very narrow role as a proofreader of the consumer’s data entries. This has to be limited by law, since no attorney is involved in this process.

    These companies hope that you will never read their disclaimer or terms-of-use disclosure. One such disclaimer provides that they are not providing any legal advice, that their documents may not work in your situation, that their documents may not be valid in your state, and that you agree to hold them harmless for any consequences resulting from your choice to use their services rather than seeking the advice of an attorney. Another disclaimer provides that “this product is not a substitute for … an attorney” and “we’ve done our best … but that’s not the same as personalized legal advice” and “if you want help understanding how the law applies to your particular circumstances, or deciding which estate-planning documents are best for you and your family, you should consider seeing a qualified attorney.”

    How can this provide the end-user with the confidence that their estate-planning documents are both legally binding and appropriate to their particular situation?

    Probate law is strict and unforgiving. Good estate-planning attorneys work diligently to keep abreast of changes in the law through memberships in such organizations as the National Academy of Elder Law Attorneys Inc. and the Estate Planning Council of Hampden County, and through extensive, continuous reading and legal research. Creating your own legal documents provides a false sense of security, and the inaccuracies are usually discovered only when it is too late to do anything about them.

    Most people need the perspective that an impartial, experienced estate-planning attorney provides. You are playing with fire if you engage the services of these companies for the following reasons:

    • These programs largely disregard specific laws that can dramatically affect your estate;
    • Your unique issues and circumstances can be flushed out and addressed only through consultation with an attorney; and
    • You are not securing the experience and the knowledge of an attorney trained to handle the specific circumstances of your estate.
    • Another inaccuracy that I found regarded the fee structure. One company claims that, “with [the company’s] lawyer-free service you can save up to 85% off the rates an attorney would charge for the same procedure.” Upon a review of what the company claimed to be an estimated fee that an attorney would charge for the preparation of the will, I was flabbergasted. I can only speak for my firm, but our fee is approximately 4.5 times less than the estimated fee quoted on the Web site.

      Moreover, one company suggests that its service is equivalent to the services of an attorney, which is undoubtedly inaccurate as outlined above. In fact, a Colorado attorney boasts that he loves these online and software companies because he has been retained by individuals to correct mistakes included in documents prepared through one of these companies, and he has earned more than what he would have if he had performed the work in the first place.

      In conclusion, the subjects that typically matter the most to you — your health, your family, and your finances — warrant the attention of an experienced, trained professional who will put their bar license and malpractice insurance on the line to provide you with the advice, counsel, opinions, and recommendations that are essential to drafting a proper estate plan.

      People generally create estate plans for the peace of mind that they provide. The question is whether or not a software program and/or an unlicensed, uninsured, and largely unregulated document preparer can provide you with the peace of mind that your estate plan was done appropriately and addresses your specific needs.

      Todd C. Ratner is an estate planning, business, and real estate attorney with the Springfield-based law firm of Bacon Wilson, P.C. He is a member of the National Academy of Elder Law Attorneys and recipient of Boston Magazine’s 2007 Massachusetts Super Lawyers Rising Stars award; (413) 781-0560;[email protected]

      Features
      Attorney Marty Dunn Stands Tall Against ALS
      Marty Dunn with his daughter, Kellis; his son, Ryan; and his wife, Anne Marie.

      Marty Dunn with his daughter, Kellis; his son, Ryan; and his wife, Anne Marie.

      Marty Dunn first started noticing a slight slurring of his speech about a year ago. Soon, others noticed as well. Eight months later, he would be officially diagnosed with ALS — amytrophic lateral sclerosis, or Lou Gehrig’s disease. It’s been a strange, almost surreal 2008 for Dunn, vice president of contracts for Chicopee’s Turbocare and a well-known attorney in the region. But the past is certainly not his focus. Instead, it’s the present and especially the future. There is much planning to do for Dunn, who wants to be an inspiration, not the object of pity, and a determination to make the very most of the time he has left — especially this time.

      Marty Dunn extended his right arm and started shaking and flexing his hand, as if to provide some visual effects for some comments about his thumb.

      It’s simply not as opposable as it was or should be, said Dunn, adding that a lack of mobility and resistance in his thumb has affected, to one degree or another, his ability to eat, write, brush his teeth, turn the car key in the ignition, or do any of those myriad other things that one does with their dominant hand. “It really messes things up.”

      Aside from a slurring of his speech, which has become progressively worse over the past year or so, these thumb problems are the first outward manifestations of amytrophic lateral sclerosis, or ALS, otherwise known as Lou Gehrig’s disease.

      Dunn knows there will be more.

      Many more.

      He just doesn’t know when they’ll appear, or where, or to what degree they will impact that intangible known as quality of life — for himself and those around him, especially his wife, Anne Marie, daughter, Kellis, and son, Ryan.

      This is one of the exceedingly cruel aspects of ALS — a progressive neurodegenerative disease that affects nerve cells in the brain and spinal cord — and there are many. There is no cure for this menace, named after the New York Yankees star who contracted it, and no one really knows definitively what causes it. A diagnosis is, in most all cases, a death sentence. But those who have it just don’t know how long that sentence is or what the weeks, months, and years ahead of them will be like.

      All they can do is think and hope and prepare for what they know, or think, is coming — which most people would find incomprehensible and exceedingly depressing.

      But Dunn, an attorney, vice president of contracts with Chicopee-based Turbocare, and former associate with the Springfield-based firm Bacon Wilson, isn’t sitting around feeling sorry for himself. He has much better things to do with his time — especially this time, before ALS takes from him his ability to speak, eat, write, type, walk, and be independent.

      He knows those days are coming. He just doesn’t know when.

      “I never miss an opportunity to spend time with the kids now,” he told BusinessWest. “I’d like to think that it was always like that, but it wasn’t. Now, it means so much more to me.”

      One thing Dunn wants to do with this time is try to raise awareness of ALS in the hope that maybe someday the causes will be known and a cure can be found. “ALS is relatively rare, and it doesn’t get the federal money that other, more widespread diseases do, so anything I can do to draw attention to it will help.”

      He’s not going to climb a mountain, stage a telethon, or even blog about his experiences, but he will try to help people understand this disease and perhaps comprehend the many ways it impacts the lives of its victims and all those around them. Ultimately, he doesn’t want to be a victim and object of pity, but rather an inspiration to others fighting battles like his own.

      And one way of doing that is agreeing to sit with BusinessWest and talk about ALS, what he’s experiencing, and what he wants to do “before it’s too late,” a phrase he used on a few occasions to convey his determination to make the most of what is now a truly precious commodity.

      Indeed, as he recalled a time recently when Anne Marie said, “why did this happen to us? — we’ve always done everything right … we’re good people,” Dunn said he replied, “why not us? What makes us so special? Life isn’t fair, and I’ve been pretty lucky through my life.”

      That was his way of acknowledging that ALS strikes indiscriminately, and that time spent asking ‘why?’ isn’t time spent wisely.

      And he’s becoming quite an expert on that subject.

      Body of Evidence

      It was a Sunday-afternoon football party with some of his neighbors in East Longmeadow, like so many before it, until

      Dunn recalls that it was quite cold that day late last fall, and that the New England Patriots triumphed (they won every regular-season game last year). But by day’s end he would have something much different and far more menacing to remember the occasion by.

      This was the first time someone made reference to his speech and that it didn’t seem right. “Someone said, ‘your voice sounds funny,’” he recalled, adding that he had noticed something himself, a slight slurring, in the days preceding, but didn’t think much of it. But with this second reference, he began to think that maybe something was wrong. And with some hard prompting from Anne Marie, he would eventually seek out some answers.

      As he would find out much later, the ALS had actually invaded his body several months earlier, and this lengthy time before the first visible manifestation of the disease is part and parcel to ALS.

      This was just one of the many things Dunn would learn during an almost surreal 2008 for the Springfield native, Cathedral High School and AIC graduate, and Navy veteran who once worked for the late Congressman Edward Boland as an aide in the mid-’80s, first in Springfield and then in Washington.

      “That was a fantastic experience,” he said of his time in D.C., adding that it helped propel him into a career in law, one that would take some time to develop.

      Indeed, after leaving Boland’s staff, he went to work to what was then Continental Cablevision (there have been several new owners and names since) as government affairs manager, and later at MassMutual and Aetna in what he called “systems jobs.”

      During his time with Aetna, he attended Western New England College Law School part-time. Upon graduation in 1998, he went to work for Bacon Wilson, where he specialized in corporate law, especially commercial transactions. He also handled some immigration work and residential real estate.

      In 2006, he left the firm for Turbocare, a subsidiary of Siemens that makes replacement parts for steam and gas turbine engines manufactured by Siemens and other makers. His work involves international contracts, as the title suggests, but Dunn also serves as in-house attorney for the company, handling a broad array of duties that he categorized as “office work.”

      But this was the kind of behind-the-scenes, transactional legal work that appealed to him, and he had settled into the job nicely by late 2007. Soon, though, things would become rather unsettled.

      Questions, but No Answers

      There are many things that medical science doesn’t know about ALS, said Dunn. What causes it and how to cure it are at the top of the list, but it is also not easy to diagnose.

      In fact, it was actually late summer, more than eight months after that first reference about his voice and nearly two months after Dunn finally went in for tests, before doctors could actually, and officially, confirm that this was the problem.

      “A diagnosis of ALS is a diagnosis of exclusion,” said Dunn, noting that there are several neurological disorders that could have been the cause of his slurred speech. “They start out with a list a mile long and they slowly eliminate things; the thing at the bottom is ALS.”

      He remembers several procedures, none of them pleasant, as doctors worked their way down that long list. “They shock you with electric shock, and stick needles in you all over the place,” he recalled, “in the tongue, in the extremities, anywhere and everywhere.”

      Before any of that, doctors found something else to be concerned about — an abnormal heartbeat, which required some immediate attention. By the time a measure of control with his heartbeat had been achieved, doctors were making some headway in their process of elimination.

      “But it would be Aug. 29, a date Dunn won’t ever forget, when he received not only the official word, but a letter that he would have to use as he sought benefits from the Veterans Administration and other agencies. “That’s my kick-off date.”

      He told BusinessWest he greeted the news with “shock and horror,” with thoughts soon returning to some recent experiences, when he watched a boyhood friend’s mother suffer from and then succumb to ALS.

      “It was horrifying … it was very hard to watch it unfold,” he recalled of this exposure to ALS, which played itself out over the course of four or five years. “I heard from my friend frequently; I would visit him and see his mother. I could see what it was doing to her, so there’s some tragic irony to all this.”

      When all was said and done and ALS was confirmed, Dunn said he actually felt sorry for the neurologists who made the diagnosis, who feel helpless in such situations. “Once they come away with this diagnosis, they shift from a curative type of consultation to saying, ‘well, you should make the most of the time you have left.’”

      Upon learning that he was afflicted with ALS, Dunn then did what people do these days when they want information; he googled the acronym.

      Then he started reading, a sobering experience, to say the least.

      Among the things he’s learned is that ALS strikes about 30,000 people a year. That’s a big number, but not big enough, apparently, to drive the pharmaceutical companies to invest large amounts of time and money to finding a cure; there’s simply not enough of a payback.

      He’s also learned that while life expectancy varies, most victims have between two and five years to live. But what none of the sites he clicked on could tell him was just how quickly this disease will take over his body and what he can expect next. He’s not sure exactly why, but he believes his progression will be slow, which is both good and bad.

      Dunn has learned that there are essentially two informal types of ALS. One starts from the head, or top, and works its way down the body. The other moves in reverse, striking the legs and then heading north.

      He has the former, which explains why his speech was the first thing to be impacted. The thumb problems followed, he said, adding quickly that while it’s not getting any worse — yet — it’s not getting better, impacting myriad daily activities.

      “My writing is getting really sloppy,” he said. “I have trouble holding a fork — I really have to grab it — and I can’t really turn the ignition in the car.”

      No one really knows exactly what will happen next or when, but Dunn is pretty much resigned to the fact that soon (a decidedly relative term for those with ALS), he will lose his speech altogether, and he will need to communicate via a computer. Next, or maybe simultaneously, he will lose the ability to swallow, meaning he will need a feeding tube for nourishment.

      Knowing that such things are coming, but not knowing when, is difficult, he said, adding that he is determined to make good use of his time before such quality-of-life-limiting things happen.

      Desire to Inspire

      Dunn said that putting the acronym ALS together with the word blessing in the same sentence is awkward and somewhat perverse.

      But that’s the term he chose to describe one aspect of this disease: time — to think and reflect and relish and maybe do some of the things one might do if he or she knew there was only so much time, or quality time, left. And also time to get one’s affairs in order and make sure that people are taken care of to the best of his ability. Dunn has been doing all of that, and he noted that many people don’t have that luxury.

      “First and foremost, I wanted to do those things they say you should do for your family,” he said, listing a will and a health care proxy, among others. “There are a lot of business-related issues that have to be addressed, and you want to make sure everything’s been done right.”

      His situation improved in September, he said, when the Veterans Administration, acting upon statistics showing that those who served time in the military had a much greater chance of contracting ALS than non-veterans, altered its policy on the disease. Before that, Gulf War and Vietnam-era veterans who contracted the illness would be eligible for service-connected pensions. However, that policy now includes everyone.

      “That opens up some new avenues of help for me and other veterans who have it,” he explained, adding that his wife will now receive a small pension because of that policy change and that ‘service-connected’ designation attached to his ALS.

      Dunn said he doesn’t have any firm plans for the future, but he is mulling a host of possibilities. He intends to take the family on a vacation to Disney World — “it’ll be the 100th time, but if it makes them happy, that’s all I care about” — and is thinking about a visit to Ireland, something his wife wants to do.

      “I have to take advantage of the time I have, meaning while I’m still mobile and can still speak,” he explained. “Hopefully, I’ll be around for quite a few years, but there will come a point where there will be wheelchairs and other things I’ll need, and it just won’t be the same.”

      In the meantime, Dunn is taking inspiration and support wherever and whenever he can find it.

      He’s been given a number of books on the subjects of death and dying, including Randy Pausch’s The Last Lecture, from which he’s gained determination to honor the late educator’s call for those staring at death to be ‘Tiggers’ and not ‘Eeyores’ (characters from Winnie the Pooh) as they live out their lives.

      “He says you can either be an Eeyore and sit in the corner and say, ‘oh, woe is me,’ or you can bounce around like Tigger and just enjoy life. That’s what I plan to do.”

      Overall, he doesn’t dwell on the hand he’s been dealt or rant at his misfortune. “Sometimes the ball bounces in your direction, which it usually has for me, and sometimes it doesn’t,” he said. “I’ve been more fortunate than most.”

      Dunn was honored this past Veteran’s Day with the role of grand marshal in Springfield’s Veteran’s Day Parade, and a few days later he was the guest of honor at a huge fundraiser at the Basketball Hall of Fame. More than 500 friends, family members, colleagues, and former colleagues gathered at an event that had the look and feel of a Frank Capra movie and drove home the point that Dunn will have plenty of support as he battles ALS.

      Doug Guthrie, now vice president of the Connecticut-West Region for Comcast, with whom Dunn had worked at Continental Cablevision some 20 years earlier when both were just getting started in their careers, organized many of details of the event (which raised more than $25,000 by some very early estimates) and introduced Dunn to those gathered. Meanwhile, attorneys at Bacon Wilson sold hundreds of tickets to the event, and organizers collected raffle prizes from dozens of area businesses and attractions.

      AnnMarie Harding, marketing director for Max’s Tavern and hostess of that football party in East Longmeadow 11 months earlier, handled most of the logistics, with help from some interns at WNEC, Dunn’s alma matter.

      Dunn wrote out his remarks, telling those assembled that by doing so, someone else might finish if he couldn’t. He had to stop several t
      mes, with each pause pierced by a cry of “we love you, Marty,” or “we’re here for you, Marty,” always from a different corner of the room, and each time providing enough to give Dunn whatever it took to read on.

      He told those gathered what he later told BusinessWest — that he intends to be around for a while, and for the time being, it will be “business as usual”— or as usual as it can get when one’s been handed a death sentence.

      He doesn’t know for how long, but one more thing Dunn has learned about ALS is that one lives for the moment and prepares for the future.

      He’s got that part down.

      Lasting Impressions

      When asked if he could ever truly put aside his plight and not think about it, Dunn said there are actually some times when he can forget he has ALS.

      “But it’s not easy,” he said, “not when every time you start to talk you’re reminded. The only respite you get is when you’re sleeping.”

      And now, there’s the thumb.

      Returning to that subject, he flexed his hand a few more times. Dunn said that from that all he’s read and all he knows, it will slowly get worse and that this will impact so many aspects of his life and those around him.

      “It’s really going to sink in when I can’t hold a football anymore and I won’t be able to play catch with Ryan,” he said, stopping for a minute as if to let that eventuality wash over him. And in a very rare display, you could see the pain on his face.

      That’s because he knows that day is coming.

      He just doesn’t know when.

      And that’s the curse of ALS.

      George O’Brien can be reached at[email protected]

      Sections Supplements
      Springfield Law Firm Forges Partnership with Soldier On
      Robinson Donovan managing partner Jeff McCormick

      Robinson Donovan managing partner Jeff McCormick

      Earlier this year, partners with the Springfield-based law firm Robinson Donovan initiated a search for a project — or a partnership (that’s a better term) — that would take its involvement with the community to a new and higher level. It found such an opportunity with the Northampton-based nonprofit Solider On, which is committed to fighting homelessness among veterans, as well as the many issues that contribute to it. It’s early in the process, and the work hasn’t officially started yet, but the affiliation holds enormous promise for enabling both entities to meet some ambitious goals.

      John Downing says he walked into the conference room at Robinson Donovan with what would have to be considered modest expectations.

      “I thought I’d meet some starchy lawyers who would say they’d be willing to help with a little pro-bono legal work, but would want to stay at arms-length from the people I serve,” said Downing, director of an organization called Solider On, referring to what was supposed to be a 30-minute meeting with several partners with the Springfield-based firm last spring.

      What he walked out with close to two hours later was something much different — something much more. He had in his briefcase what amounted to a commitment to a partnership, one he firmly believes will help take his organization to some places that he might not even have dreamed of just over seven years ago when he interviewed for the job he now holds.

      And that’s saying something, because Downing can dream pretty big.

      For example, he doesn’t simply want to provide a roof over the heads of some homeless veterans — that’s one of the primary missions of this Northampton-based outfit, formerly known as United Veterans of America. He wants them to own the roof!

      Indeed, he has plans in place for what will be called limited equity co-op apartments in Pittsfield that veterans, many of them struggling to keep their lives together, will own. These would be the first such units in the country, and they could potentially serve as a model for other regions.

      That’s one of many ambitious projects Downing has in his head or working their way to the drawing board. And he expects lawyers at Robinson Donovan to help make them reality through avenues of assistance, the sum of which will likely go well beyond a few hours of pro-bono work.

      “They met us where we needed to be met,” said Downing. “I could see that they really cared about the issue, and that they understood the intensity of need that we had — that we were operating essentially with social workers and clinicians, and we had a big business proposition to handle and were bereft of experience in that area. They wanted to have an impact.”

      And this is what the principals at the 142-year-old firm were looking for, said Managing Partner Jeff McCormick. He told BusinessWest that the firm wanted to take its community involvement to a new and higher level, and several months ago commenced an indepth search for a non-profit with which to partner.

      That’s a term McCormick used often as he relayed the story of how the firm, toward the start of its search, was introduced to Soldier On and its mission by Darby O’Brien, owner of the marketing firm that bears his name and handles matters for the firm. O’Brien had done some work for Soldier On over the years, and came to understand that the agency would need some help getting to where it wanted to go.

      This led to that aforementioned meeting with Downing, who, said McCormick, conveyed a blend of commitment and passion that intrigued the assembled partners and gave them a firm understanding of an often overlooked problem in this country: the plight of homeless veterans.

      The partnership is still what both McCormick and Downing called a work in progress, with no actual projects yet, but plenty of anticipation about what can happen when the two entities get down to business and actually join forces.

      Deploying the Troops

      Downing, who had been doing re-integration after-care work for the Berkshire County Sheriff’s Office — essentially placing formerly incarcerated veterans into a homeless facility — told BusinessWest that he won’t soon forget many of the specifics of his interview for his current position. That includes the date and time — Sept. 11, 2001, at 4:30 in the afternoon.

      He clearly recalls one question — and his answer — as he sought the directorship of what was the first homeless shelter to be located on the grounds of a Veterans Administration hospital (this one in Leeds), but that had fallen on some very hard times due largely to poor management.

      “Someone asked me what I thought I could bring to the job,” he remembered. “I told them that everything I had done in my life until then had brought me to that point. I said I had the skills and the talent to do the job, and that if they gave me power to hire and fire — as well as a simple mission statement to hold me accountable to — that in a year I’d have that place going where it wanted to go.

      “And they bought it.”

      Thus far, Downing has delivered on his pledge. He cleaned house — literally and figuratively — firing 13 of the 16 employees and replacing them with individuals “who believed in what I wanted to do,” while also transforming the shelter into what he called a “Holiday Inn where people are really treated like guests.”

      Today, the shelter, with 162 beds, is beyond capacity, while another, in Pittsfield, which has 62 beds and 11 studio apartments, is also full, but also handling overflow from the community’s homeless shelter.

      But while reshaping those facilities, Downing said he’s also made great progress in fighting the causes of homelessness, and getting vets off what he called the “merry-go-round” that keeps them in shelters for years. And he’s making significant strides in advancing a home-ownership program that is exciting and potentially precedent-setting.

      It involves limited-equity co-op apartments, the model for which is still being developed, that would house what Downing called “formerly homeless veterans,” a phrase he uttered with a strong dose of conviction and pride.

      However, Downing knows he needs some help to make many of his visions reality, and he believes the partnership with Robinson Donovan will facilitate many of his initiatives.

      So does McCormick.

      Indeed, while the partnership will help Soldier On meet its aspirations, it will hopefully also enable Robinson Donovan to fulfill its goals for taking community involvement to that proverbial next level, said McCormick.

      He said the firm and individual lawyers have provided pro-bono support to a host of groups and individuals — from the Greater Springfield YMCA to area residents unable to afford legal representation to help them navigate Housing Court and thus keep a roof over their heads.

      But it desired to go further, and launched a comprehensive search for a partnership opportunity. That search essentially ended with Downing’s impressive presentation, suffused with an energy that McCormick called “contagious.”

      “He’s one of the most inspiring people I’ve ever met, and he has a real passion for what he does,” said McCormick, adding that, with his time before the firm’s partners, he not only described the problem and laid out his plans to combat it, but convinced those in the room that they could, and should, play a lead role in making it happen.

      “We ultimately decided that this was a real opportunity for Robinson Donovan to do something good and work with a great community-based project,” he continued, adding that, given the duration and intensity of the war in Iraq, not to mention previous military endeavors, there will be need for such services for years, perhaps decades, to come.

      When asked how the partnership will manifest itself, McCormick said there are a number of routes it can take. He listed several possibilities, from legal work on veteran-owned businesses to contractual assistance with the many housing initiatives that Downing has planned, to perhaps some financial support for marketing efforts that will help raise awareness of the organization and its mission.

      “We’re still in the planning stages, and sometimes the biggest battle is getting things organized with regard to what the relationship is going to be,” he explained. “But we’ve committed certainly to using some of our marketing budget to help increase awareness of Soldier On and the issue of homelessness among veterans, and to provide our expertise to advance some of these projects.”

      United Front

      Summing up how the partnership between Robinson Donovan and Soldier On came to be, McCormick said that he and his fellow partners are open-minded, but also quite diligent about choosing projects and partners that will enable the firm to make a difference in the community and not simply gain some publicity.

      “This was not something we entered into lightly,” he explained. “I see this as a long-term commitment, and that’s one of the things I stressed to the partners. This isn’t something where you go in thinking you’ll get some bang for the buck and a little exposure. That’s not what we’re doing — we’re in this for the long haul.”

      Which is good, because so is Downing and his staff at Soldier On. He’s gone well beyond turning a troubled homeless shelter into the equivalent of a Holiday Inn. He’s put some ultra-ambitious plans on the table to effectively wage a fight against homelessness that will be fought on several fronts.

      He knows it will take time, energy, and commitment to get all done — as well as a real partnership.

      And now he has one.

      George O’Brien can be reached at[email protected]

      Departments

      CHICOPEE DISTRICT COURT

      Leonor D. Leandro v. American Honda Motor Co. Inc. and Curry Automotive, LLC
      Allegation: Lemon Law, breach of contract and implied warranty: $20,000
      Filed: 11/20/08

      FRANKLIN SUPERIOR COURT

      John C. Osowski v. Monoko Inc.
      Allegation: Defendant negligently maintained and inspected scaffolding and did not provide proper safety harness. Scaffolding failed and plaintiff fell, sustaining injuries: $38,713
      Filed: 11/06/08

      Roger Flanders v. Golden Leaf Restaurant
      Allegation: Plaintiff tripped and fell on rolled up carpet, causing injury: $101,824
      Filed: 10/30/08

      HAMPDEN SUPERIOR COURT

      Adelaida Gonzalez v. Federal Express Ground Package Systems Inc.
      Allegation: Employment discrimination: $25,000+
      Filed: 10/13/08

      Cynthia Davis v. Cumberland Farms
      Allegation: Negligence causing slip and fall: $4,948.01
      Filed: 11/07/08

      Fred Pearson v. Allied Heating & Air Conditioning
      Allegation: Employment discrimination: $25,000+
      Filed: 10/15/08

      CNA Corporation v. Stony Hill Sand & Gravel Inc.
      Allegation: Non-payment of back rent owed: $148,017.07
      Filed: 11/10/08

      Jose Rosario v. Joseph M. Decenzo, M.D.
      Allegation: Medical malpractice: $91,000
      Filed: 10/17/08

      New England Book Service Inc. v. Higher Learning Supply Co., LLC & Prissm Management Group Inc.
      Allegation: Non-payment of goods sold and delivered: $62,393.84
      Filed: 10/20/08

      Michael R. Solin v. Samir A. Mujalli, M.D.
      Allegation: Medical malpractice:
      $1.1 million
      Filed: 11/04/08

      Paul Bradas Jr. v. Carrabba’s
      Allegation: Negligence/personal injury: $13,642.70
      Filed: 10/30/08

      New England Granite v. Spartan Brake & Muffler Shops
      Allegation: Negligence of defendant’s employees, causing explosion and fire: $219,254
      Filed: 11/03/08

      HAMPSHIRE SUPERIOR COURT

      Wayne F. Farr et al v. Behavioral Health Network Inc.
      Allegation: Medical malpractice: $25,000+
      Filed: 11/10/08

      HOLYOKE DISTRICT COURT

      The Darcy Company v. Fresh Supreme Supermarket
      Allegation: Non-payment of goods and services: $4,771.58
      Filed: 10/02/08

      NORTHAMPTON DISTRICT COURT

      Aarco Products Inc. v. Action Display Services
      Allegation: Breach of contract: $4,786
      Filed: 11/10/08

      SPRINGFIELD DISTRICT COURT

      Francis E. Owczarski v. Good Deal Auto
      Allegation: Breach of contract and failure to repay loan: $4,000
      Filed: 10/07/08

      Mary Lou Sanborn v. H.L. Padden Electrical Contractors Inc.
      Allegation: Non-payment of goods sold and delivered: $12,057.26
      Filed: 10/20/08

      Statewide Mechanical Contractors Inc. v. Pioneer Valley Winnelson Co. Inc.
      Allegation: Breach of implied warranty and merchantability. Plaintiff incurred additional costs due to defective pipe supplied by defendant: $49,875
      Filed: 10/16/08

      WESTFIELD DISTRICT COURT

      Jorge and Nancy Santiago v. Hillcrest Construction & Ben Hallmark
      Allegation: Breach of contract and damages to property during construction: $2,000+
      Filed: 11/12/08

      Departments

      The following Business Certificates and Trade Names were issued or renewed during the month of November 2008.

      AGAWAM

      Affordable Drywall & Painting
      985 North Westfield St.
      Roman Kagimiercgak

      Albano’s Barber Shop
      667 Springfield St.
      Nancy Gentile

      All Star Landscaping
      454 Corey St.
      Joseph Blais

      Coastline Automotive
      981 River Road
      Beris F. Gouldborune

      Control Alt Delete LLC
      324 Springfield St.
      Tom Banerjee

      Frawley Engineering
      140 Christopher Lane
      Christine Frawley

      Jason A. Rocca Electrical Co.
      6 Althea Circle
      Jason A. Rocca

      Nicholas DePalma Construction
      53 Highland Ave.
      Nicholas DePalma

      Northeast Tree & Landscape Construction
      171 Tobacco Farm Road
      Eric Satkowski

      The Law Offices of Brandon A. Parrelli
      8 Marla Place
      Brandon A. Parrelli

      Sigma Mattress Manufacturing
      69 Garden St.
      Alex Pawlenko

      AMHERST

      Kind Groove Productions
      38 Lenks St.
      Jessica Zambias

      Sandy’s Barber Shop
      96 North Pleasant St.
      Sandra Renaud

      The Chartered Alternative Investment Analyst Assoc.
      29 South Pleasant St.
      E. Craig Asche

      CHICOPEE

      Car Credit 1st
      536 East St.
      Alex Friedman

      Courthouse Laundry
      90 Main St.
      Teresa Do

      Creative Change Interior Decorating
      32 Montauk Road
      Beth Montemagni

      Games & Stuff
      824 Chicopee St.
      Daniel B Wojciak

      Kenny G’s Performance Tuning
      643 Prospect St.
      Frank A. Germain Jr.

      EASTHAMPTON

      Heron Automation
      36 Groveland St.
      Christopher Lukomski

      Sanderson Designs
      88 Clark St.
      Ruth Sanderson

      Tranquil Domain Yoga
      75 Parsons St.
      Allison Gero

      Western Nail
      72 Cottage St.
      Andy Tran

      GREENFIELD

      Atlas Entertainment
      497 Main St.
      Corey L. Ricketts

      HADLEY

      Aaron’s Transport
      215 Russell St.
      Norman Laborte

      Valley Bookkeeping
      100 Venture Way
      Janet Jefflon

      HOLYOKE

      Mahboob Inc.
      333 High St.
      Yasser Hussain

      Melo Deli Grocery
      512 South St.
      Luis S. Melo

      Readings by Margurite
      1548 Northampton St.
      Margurite Miller

      Track ‘N Trail
      50 Holyoke St.
      Bobbi Lindeman

      LUDLOW

      Poppi’s Pizzeria
      341 West St.
      Kevin Fonseca

       

      NORTHAMPTON

      Jupiter Girl
      21 Vernon St.
      Caitlin Bosco

      Leather & Lace Hairstyle
      9 North Main St.
      Heather Wright

      M.A.B Energy
      50 North St.
      Michael A. Belhumeur

      Thermal Brothers
      107 Island Road
      Pierre Belhumeur

      PALMER

      Hot Shot Billiards
      1440-1446 North Main St.
      Linda Lambert

      Palmer Auto Mall
      1219 Thorndike St.
      George R. Menard

      SOUTH HADLEY

      Brenda Lee Courier
      8 Berwyn St. Ext.
      Brenda L. Sudyka

      Caas Maintenance
      431 East St.
      Daniel Mackenzie

      C&R Doors
      75 Hadley Village Road
      Christopher Keegan

      Home Facelifters
      244 Brainerd St.
      Philip E. Stefanelli

      SOUTHWICK

      Seniors Helping Seniors
      3 White St.
      Phillip Yocum

      Southwick Forastiere Funeral Home
      624 College Highway
      Frank Forastiere

      SPRINGFIELD

      All Nations Auto Repair
      149 Rocus St.
      Julio C. Soto

      Aura’s Beauty Salon
      519 Main St.
      Anna S. Matos

      Being Well Therapeutic
      80 Congress St.
      Alina Zawadzka

      Certified Auto Glass
      1142 State St.
      Miguel A. Perez

      Hosttree
      83 Grandview St.
      Nathan Andrew DeLong

      JK Subway, LLC
      560 Sumner Ave.
      Kimberly McCarthy

      Liberty Jean Co.
      260 Worthington St.
      Kenneth James Rogers

      Quality Sales & Services
      318 Wilbraham Road
      London W. Hall

      S.N.J. Plumbing & Heating
      94 Somerset St.
      Jeremiah Wellington

      The Whole Armour of God
      248 King St.
      Prince Golphin, Jr.

      WESTFIELD

      Blissful Brooke Family Day Care
      731 Westfield Road
      Krystal R. Young-LaFountain

      Great Floors
      66 Montgomery St.
      David V. Minchuk

      Lecrenski Bros. Inc.
      14 Delmont Ave.
      Dana Lecrenski

      Lisa Nails
      78 Elm St.
      Gai Thi Vo

      Renee Collier
      45 Meadow St.
      Renee Collier

      WEST SPRINGFIELD

      Hathorn Associates
      42 Old Barn Road
      Joyce A. Bannick

      Victory International Store Inc.
      573 Union St.
      Andrey Kolesnichenko

      Departments

      ‘Race and Entrepreneurial Success’

      Nov. 25: Dr. Robert W. Fairlie will discuss “Race and Entrepreneurial Success” at noon as Western New England College’s Law & Business Center for Advancing Entrepreneurship as part of its ongoing lecture series. The gathering is planned in the S. Prestley Blake Law Center on Wilbraham Road in Springfield. Fairlie’s main research interests include ethnic and racial patterns of business ownership and performance, entrepreneurship, access to technology and the ‘Digital Divide,’ immigration, and education. He holds a Ph.D. and M.A. in Economics from Northwestern University and a B.A. from Stanford University. The lecture is free and open to the public. For more information, call (413) 796-2030 or visit www.law.wnec.edu/ lawandbusiness.

      Moonlight Magic in Shelburne Falls

      Nov. 28: A family event titled “Moonlight Magic” takes over Shelburne Falls to start the holiday shopping season from 4:30 to 10 p.m. The event coincides with the annual “Holiday Lighting of the Village.” Highlights include sidewalk carolers, sidewalk sales, arts events, and craft demonstrations. There will also be vendor tables along the sidewalks with local nonprofit groups selling holiday wreaths, baked goods, and crafts, and the Shelburne Falls Trolley Museum will be open. Live music and roving performers will round out the evening’s festivities, as well as a visit from Santa who will set up shop in the Shelburne Senior Center. For more information, visit www.sftm.org.

      ‘Internet for the Other 5 Billion’

      Dec. 2: Andrew McLaughlin, head of Global Public Policy and Government Affairs for Google Inc., and Ethan Zuckerman, researcher at Harvard’s Berkman Center for Internet and Society, will present a lecture titled “Internet for the Other 5 Billion” at 7:30 p.m. in Hooker Auditorium at Mount Holyoke College in South Hadley. For more information, call (413) 538-2209. The event is free and open to the public.

      ‘Nutcracker and Sweets’

      Dec. 5: Wistariahurst Museum in Holyoke will host the Mass. Academy of Ballet and members of the Ballet Educational Training Association in its production of “Nutcracker and Sweets” at 6 p.m. Through narration and dance, the story of the Nutcracker will come alive in the historic setting of Wistariahurst on Cabot Street. The production will be staged as it may have taken place in Holyoke in the 1890s. A dessert reception of sweets will follow the performance. Tickets are $10; children 12 and younger will be admitted free. Space is limited, and early registration is advised. For more information, call (413) 322-5660 or visit www.wistariahurst.org.

      Holiday Pops

      Dec. 6 and 7: The Springfield Symphony Orchestra will take audiences back to a traditional Christmas season in New England at 8 p.m. on Dec. 6 and 3 p.m. on Dec. 7 in Symphony Hall. Guest conductor Matthew Savery will lead the orchestra and chorus, and Morton Shames, cantor emeritus of Temple Beth El, will bring greetings of Chanukah. Concert highlights also include a singalong. For ticket information, call (413) 733-2291 or visit www.springfieldsymphony.org.

      The Creative Economy

      Dec. 9: The Studio Arts Building at UMass Amherst will be the setting for an informative program on how the ‘creative economy’ plays an increasingly important role in Western Mass., in job creation, revenue growth, and quality of life. Speakers will be artists Josh Simpson and Scott Prior, who will speak about their work and their marketing efforts, beginning at 6 p.m. The cost is $25. For more information, call (413) 737-6712 or visit www.msbdc.org.

      RTC Meeting

      Dec. 11: The Regional Technology Corp. (RTC) will stage is 1st Annual “All Networks” Convergent Meeting at the Log Cabin Banquet & Meeting House starting at 7:30 a.m. The event with feature a keynote address and follow-up Q&A called “A Conversation with Scott Kirsner, The Innovative Economy.” Kirsner is the nationally known Boston Globe columnist who will discuss the challenges to be faced by the innovative economy in 2009. The half-day event will also feature a panel discussion with venture investors and entrepreneurs. The program is free to RTC members, and $75 for non-members. For more information, call (413) 755-1301; [email protected].

      Departments

      The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

      CHICOPEE DISTRICT COURT

      Ford Motor Credit Company, LLC v. Hospitality Group Inc.
      Allegation: Non-payment of money loaned: $10,703.83
      Filed: 10/24/08

      Monica Dusseault & Stephanie Boryczka, as parents and guardian of minor Kyle Boryczka v. Bob’s Discount Furniture, LLC
      Allegation: Negligence and breach of implied warranty: $21,040.03
      Filed: 10/21/08

      GREENFIELD DISTRICT COURT

      Creative Office Interiors, Inc. v. PDV Inc.
      Allegation: Non-payment of goods sold and delivered, and breach of purchase and sales agreement: $10,7032.90
      Filed: 10/06/08

      HAMPDEN SUPERIOR COURT

      Daniel O’Connor & Sons Inc. v. Six Flags New England
      Allegation: Non-payment of services rendered and merchandise delivered: $38,208.36
      Filed: 9/28/08

      Harleysville Insurance v. Brake King Automotive Inc.
      Allegation: Insurance premium due: $32,441.32
      Filed: 9/29/08

      KLC Inc. v. Nita Inc.
      Allegation: Breach of lease agreement: $53,091.95
      Filed: 10/06/08

      HAMPSHIRE SUPERIOR COURT

      Cheryl Jolana Talbot v. Michael E. Coby, DPM
      Allegation: Medical malpractice: wrong site surgery: $30,809.42
      Filed: 10/22/08

      James L. Parks, et al v. Savvas Papazoglou, M.D., et al
      Allegation: Medical malpractice:
      $1.1 million
      Filed: 10/22/08

      Kenneth Smith v. Tubed Products Inc.
      Allegation: Employment discrimination: $25,000
      Filed: 10/15/08

      R. Lavoie Trucking Company Inc. v. Barr Inc.
      Allegation: Non-payment of materials, labor, and services rendered: $220,000
      Filed: 10/16/08

      South Hadley Electric Light Dept. v.
      Berkshire Design Group Inc.
      Allegation: Negligence and breach of implied and express warranties in preparation of engineering and utility plans: $110,000
      Filed: 10/28/08

      HOLYOKE DISTRICT COURT

      Francis Heating & Air Conditioning v. Stony Hill Realty, LLC
      Allegation: Non-payment of services rendered: $12,000
      Filed: 9/25/08

      PALMER DISTRICT COURT

      Electrical Wholesalers Inc. v. R.F.L. Electric Inc.
      Allegation: Breach of contract and non-payment: $13,000.00
      Filed: 10/21/08

      SPRINGFIELD DISTRICT COURT

      84 Lumber v. Belco Construction Inc.
      Allegation: Non-payment of goods sold and delivered: $2,845
      Filed: 10/03/08

      ABC Refrigeration & Air Conditioning v. Miller Development Enterprise Inc.
      Allegation: Non-payment of goods sold and delivered: $24,238.70
      Filed: 9/20/08

      Jorge Yahdiel Lebron p/p/a Yanitza Lebron v. Bertera Chrysler Inc.
      Allegation: Minor plaintiff sustained burns from coffee on a table in defendant’s showroom: $2,671.41
      Filed: 9/16/08

      Keystone Automotive Operations Inc. v. Accessory Group of New England Inc.
      Allegation: Non-payment of goods sold and delivered: $18,805.07
      Filed: 10/03/08

      Mary Lou Sanborn v. Greg’s Electrical Service
      Allegation: Non-payment of goods sold and delivered: $6,057.95
      Filed: 9/18/08

      Palazzesi Realty v. Pet Resorts International LLC
      Allegation: Non-payment of rent: $6,600
      Filed: 9/19/08

      Departments

      Greta LaMountain has joined the law firm of Bacon Wilson, P.C. of Springfield. LaMountain, a general practitioner with a focus on financial and real estate matters, will work out of the Amherst office.

      •••••

      Peter Knapp recently became the new owner of Danco/Danish Inspirations in West Hatfield.

      •••••

      Pamela Mackenzie, Vice President of Comcast’s Hartford-Springfield area, was recently recognized with the Career Achievement Award by Women in Cable Telecommunications New England at its fourth annual awards ceremony in Boston. The award recognizes an individual who has had a milestone decade, has significantly impacted the cable industry, and is a visionary leader who is highly regarded by her employees and peers. Mackenzie oversees a 500-person team comprising technical operations, finance, human resources, and commercial and residential sales.

      •••••

      Scott Palmer has joined MassMutual’s Retirement Services Division as Vice President, Retirement Systems.

      •••••

      Sunshine Village in Chicopee announced the following:
      • Sandy Duprat has joined the agency as a Marketing Representative, and
      • Nancy Bailey has joined the agency as a Marketing Representative.

      •••••

      Fuss & O’Neill of Manchester, Conn. announced the following:
      • Ted DeSantos, Vice President and Leader of the Transportation and Structures Business Unit, has been promoted to Partner;
      • Chris Ecsedy, Project Director, Facilities and Environmental Services Business Unit, has been promoted to Partner;
      • John Chambers, Project Director, Development Services Business Unit, has been promoted to Partner, and
      • Rob Levandoski, Project Director, Manufacturing Solutions, LLC, has been promoted to Partner.

      •••••

      Dawn Mulvey of Home & Garden Party was recently promoted to Gold Designer with the company. To reach this goal, Mulvey had to have sponsored three team members and have monthly sales of $300 or more.

      •••••

      Meyers Brothers Kalicka, P.C. in Holyoke announced the following:
      • Linda Raimondi has joined the firm as Director of Human Resources. In this role, Raimondi will oversee the recruitment, retention, and professional development of staff, as well as oversee the firm’s daily administrative operations.
      • Brenda Olesuk has been named Director of Marketing. She will provide leadership in the development and execution of the firm’s strategic marketing, advertising, and public-relations plans.

      •••••

      The Pioneer Valley Planning Commission in West Springfield announced the following:
      • Janet E. Cassesse has been named Financial Coordinator in the Community Development section, and
      • Danielle J. Kahn has been named a Land Use and Environmental Planner.

      •••••

      PeoplesBank has appointed Melissa E. Richter Branch Manager at the Sumner Avenue office in Springfield.

      •••••

      Steven A. Davis was the recent recipient of a Nichols College Alumni Achievement Award. Davis is the President of Ventry Industries, a private firm in Springfield that invests in New England businesses.

      •••••

      Dawn Mulvey and Lisa Jarrett recently attended “Back to Basics,” Home & Garden Party’s annual conference rally in Las Vegas.

      •••••

      Northeast Utilities announced the following:
      • James A. Muntz has been promoted to President, Transmission, and
      • Patricia McCullough has been elected President and Executive Director of the Northeast Utilities Foundation. McCullough will continue to serve as a Director in NU’s enterprise planning group, working with NU’s operating companies on energy efficiency and resource management.

      •••••

      The Zonta Club of Quaboag recently honored Nancy Fletcher with its Founder’s Day Award, given annually to a woman who exemplifies the ideals of Zonta. Fletcher is Founder and Executive Director of ACT NOW! Inc., a nonprofit organization dedicated to building character and confidence in youth, particularly girls, through improvisation and movie making.

      •••••

      Robert N. Authier recently received the National Association of Realtors’ top executive award, the William R. Magel Award of Excellence, during its annual conference in Orlando. Authier is Chief Executive Officer of the 21,000-member Mass. Assoc. of Realtors.

      •••••

      Northwestern Mutual announced the following:
      • Dana R. Barrows will receive the company’s Forum Award, and
      • John H. Joyce will receive the company’s Forum Award.
      Barrows and Joyce are with The Zuzolo Financial Group, based in Springfield.

      •••••

      Paul Peter Nicolai, Principal of Nicolai Law Group P.C., has been elected a Fellow of the American Bar Foundation. Nicolai has been named to the Strategic Development Committee of the association’s Center for Professional Responsibility.

      •••••

      Jim Vinick has been named Senior Vice President, Investments, for Moors & Cabot Inc., based in Boston, and will oversee its new office in Springfield at One Financial Plaza, 1350 Main St.

      Sections Supplements
      What You’re Missing If You’re Not Utilizing This Powerful Social-networking Tool

      Old-school networking consisted pretty much of a round of golf, lunch, dinner, cocktails, and charitable and community involvement. Today’s networking strategies also include a much greater variety of online opportunities through which you can reach out to a much broader potential business base.

      Blogging, microblogging, and social-networking site participation are some of the most powerful means to reach prospects and reinforce professional relationships today. They are the contemporary version of working the room.

      Arguably, the most significant social-networking tactic that you should employ is LinkedIn. There are many professional networking sites, but as far as business potential and clout, no other site comes close.

      LinkedIn.com is the grown-up version of the MySpace that your kids use to connect with their friends. LinkedIn’s unique advantage, however, is that your connections have access to you when they search for a professional resource with your skills.

      It is akin to the Kevin Bacon six-degrees-of-separation formula and penetrates three layers deep. This provides the opportunity for someone in need to contact the middle-person (your connection), and inquire about you before blindly calling you.

      The result is a warm introduction rather than a cold call to a stranger.

      Connecting to Other Professionals

      Building your network of connections takes dedication and commitment. You won’t gain much ground if you sit back and wait for peers, friends, and colleagues to find and connect to you. You must aggressively search for everyone you know professionally and send them an invitation to connect to you.

      You may also invite people who are not yet members, but oftentimes this nets a disappointing result, because these people have not yet recognized the value of LinkedIn, and they aren’t willing to build up a network that enhances yours.

      Remember that your network grows exponentially when you add a connection because you then have access to their connections (second tier) and people they are connected to as well (third tier), and vice-versa. It is entirely possible to build up a network of about 4 million people within 3 months by making smart connections with well-connected professionals.

      Raising Awareness by Asking and Answering Questions

      One very significant aspect of LinkedIn is its questions-and-answers component. Everyone has the opportunity to choose one or more industries to monitor on their home page, and new questions appear most every time you refresh that page. Usually these questions come from someone who needs advice or help with a problem. When you post a thoughtful and insightful answer, it’s like raising your hand and saying, “I’m here, and I’m available to help you,” but in a less boastful and intrusive way.

      It is a means to demonstrate your expertise, establish some clout, and raise awareness.

      Posting a question also has the potential to raise awareness of you within a particular industry. This is especially helpful if it is an industry that you are trying to penetrate. For example, posting an insightful and well-constructed question about employment law will raise awareness of you among employment-law attorneys on LinkedIn, and it will likely open a dialogue with several of them.

      It is possible that at least one of them will evolve into a connection, which may one day result in a professional opportunity.

      Finding a Job

      The jobs component is another powerful advantage for employees and employers alike. From the employee side, the advantage is obvious. You can search for jobs by specific criteria such as title, keywords, location, experience level, company, function, industry, and time posted. Then you can sort the results by various criteria. LinkedIn has incorporated Boolean logic into its search function, so it is possible to target your search very specifically to narrow your results.

      Monitoring Your Competition

      The obvious advantage of the jobs function for employers is in the potential to recruit qualified candidates to fulfill a particular need. But there are additional LinkedIn benefits to employers that are not immediately obvious.

      For example, LinkedIn makes it easy to monitor your competition from an employee standpoint. What is their employee structure? What is the rate of turnover? Are your competitors ramping up in a certain department? Are they laying off employees? By searching for a company and limiting the search results to current employees only, it is easy to see patterns. Monitoring your competition through LinkedIn may lend insight into their business models.

      Getting Value Out of Groups

      Groups are another powerful LinkedIn component. There are alumni groups, geography-specific groups, interest-based groups, industry-specific groups, and company groups. If you can’t find a group that suits your particular interest, it is easy to start one on your own and then invite others to join.

      LinkedIn groups provide a good way to expand the network of people that have access to you, with the added advantage of a shared interest or characteristic. Linking to your school’s alumni groups is a no-brainer, but also be sure to join any professional-networking groups for your area and groups of professionals in your particular industry.

      One of the most powerful aspects to groups is the discussion board. Here, members can post a question or any information that they want to share with the group, and others may post comments, much like a blog. For example, the LinkedIn Western Mass. group currently contains a job posting and an inquiry to find an industry-specific speaker, among other topics.

      Imagine the immense potential of filling a job opening for free rather than paying for a classified ad. This may eventually become reality as more and more people join LinkedIn, while newspaper circulation continues to drop.

      Remember that not every prospective employee reads job postings, but they may just monitor discussion boards and have their interest piqued. Groups are a great way to share resources and bounce ideas around. And, like ‘Questions and Answers,’ participation in discussions within groups raises awareness of you and increases your potential to establish and deepen relationships that may one day turn into business opportunities.

      A Recruiter’s Dream Database

      LinkedIn membership is exploding so rapidly that it is becoming a gold mine for recruiters. There are several levels of LinkedIn membership, with most members remaining content with the free level. Recruiters, however, have expanded potential to find candidates for job openings with paid memberships that include enhanced features, and recruiters who don’t use this powerful tool are being outgunned by those who are embracing this technology.

      Putting Your Best Foot Forward with a Strong Profile

      Currently, at least 50% of LinkedIn members have substandard profiles. Many people simply list their current employment and maybe their college, and add a link to their company’s Web site, then expect that to bring in business. It doesn’t work that way.

      Your LinkedIn profile should be a high-test, souped-up version of your most polished resume. The best LinkedIn bios convey a compelling reason for a person to hire you or do business with you.

      Your LinkedIn profile should convey your professional accomplishments and demonstrate what someone gets when they hire you. It should contain details about your professional accomplishments, community and civic involvement, educational background, interests, groups you belong to, and any honors and awards that you have received. It must be well-written and free of typos, as well as grammar and punctuation errors.

      Benefits of Referrals

      LinkedIn referrals are a public stamp of approval by someone you have worked with successfully. In fact, LinkedIn places so much significance on referrals that you need a minimum of three for LinkedIn to consider your bio ‘complete.’ Like references, referrals let potential employers and clients know the kind of employee or consultant you have been to others in similar situations.

      Strong, well-written referrals sing your praises in a way that often embarrasses you a bit when you first read them, but they lend a lot of insight into what someone can expect from you by means of work ethic, dedication, skills, and commitment.

      On the flip side, giving referrals has a dual benefit. You are helping your peer by detailing how instrumental they have been to you in a particular situation, but referrals are also a means of raising awareness of you among that person’s network, because everyone will see your referral on that person’s profile. This puts you in front of people who may be in a position to collaborate with or hire you one day. Giving a referral is another way of tactfully raising your hand in a crowded marketplace.

      This article covers the major components of utilizing LinkedIn as part of your networking strategy. However, there are many fine nuances that can further contribute to separating you from the pack and helping you build a profile that will make you attractive to employers and prospects.

      One thing is for sure — as more and more of your colleagues and peers build their own powerful LinkedIn networks, anyone who continues to ignore this contemporary networking giant does so at his or her own peril.

      Christine Pilch is a partner with Grow My Company and a social-networking strategist. She works with clients to enhance their LinkedIn profiles, and she collaborates with professional service firms to get results through innovative positioning strategies; (413) 537-2474;www.linkedin.com/in/christinepilch;growmyco.com; “Miracle growth for your company.”

      Sections Supplements
      What Several New Tax Acts Mean for Individuals and Business Owners

      In an attempt to stimulate the economy, Congress has passed several significant tax acts in 2008. Two of the acts were targeted toward special groups, while the other two were for the general taxpaying public.

      The Food, Conservation, and Energy Act of 2008 carries a host of specialized tax breaks for the farming industry, while the the Hero’s Act of 2008 targets relief for members of the military and their families. The Economic Stimulus Act of 2008 offers a range of tax breaks for individuals and businesses — the act allows individuals a tax rebate of various amounts based on their filing status and number of dependents claimed on their 2007 tax return that was filed with the Internal Revenue Service. Businesses are given significant tax breaks from an increase in the Section 179 depreciation limits and additional depreciation available on assets placed in service for tax years beginning in 2008.

      Lastly, Congress passed and the president signed the Emergency Economic Stabilization Act of 2008 into law on October 3, 2008. While this act was primarily signed into law to solve the credit crunch in the financial markets, there are some major tax provisions included in the act.

      What follows is a look at some of the highlights of these acts.

      First, the Economic Stimulus Act increase in the Section 179 expense for 2008 only. Under the Small Business and Work Opportunity Tax Act of 2007 (SBWOTA), the maximum Sec. 179 expense on qualifying tangible property and off-the-shelf computer software for 2008 was $128,000, and the total qualifying asset phase-out threshold was $510,000. The deduction has also been limited to the amount of taxable income from the taxpayer’s active trades or business. However, the Economic Stimulus Act increases the Sec. 179 expense amount to $250,000 and the phase-out threshold to $800,000 for tax years beginning in 2008. With the increased phase-out threshold, it is unlikely that a small business would eclipse the $800,000 phase-out level and therefore be able to deduct the full cost of assets placed in service in 2008 up to $250,000. In 2009, the limits will revert back to the SBWOTA limits adjusted for inflation.

      The Economic Stimulus Act also amends the Code to allow taxpayers to take ‘bonus depreciation’ in 2008. The rules are similar to the bonus depreciation allowed in 2003 through 2005. For assets placed in service after Dec. 31, 2007 and before Jan. 1, 2009, taxpayers are allowed to take an additional 50% first-year depreciation deduction on qualified property. Qualified property includes most tangible personal property, ‘qualified leasehold improvement property,’ and most computer software. The bonus depreciation deduction is available only on new assets placed in service and not used assets. The adjusted basis of the property is reduced by the bonus depreciation before computing the amount otherwise allowable as a depreciation deduction for the tax year. The deduction applies to the regular tax and the alternative minimum tax.

      Under the luxury-auto dollar caps, the allowable depreciation for the first year on passenger automobiles is usually limited under the code to $2,960 for autos placed in service in 2008. To allow taxpayers to take advantage of the bonus depreciation provisions, the Economic Stimulus Act allows for the increase of the deprecation limit by $8,000 to $10,960 in 2008 for qualified vehicles.

      Heavy sport-utility vehicles (SUVs) are marketed and sold as trucks. SUVs that have a gross vehicle weight (GVW) rating in excess of 6,000 pounds are exempt from the luxury-auto dollar caps because they are not within the code’s definition of a passenger automobile. The American Jobs Creation Act of 2004 imposed a limit on the Sec. 179 deduction of SUVs to $25,000. With the Economic Stimulus Act, the owner of an SUV placed in service in 2008 could be entitled to write off most of the cost of the vehicle. For example, if a taxpayer purchased a $50,000 SUV in 2008 and used it 100% for business, he or she may write off $40,000 of the cost of the vehicle in 2008. The SUV would be eligible for a $25,000 Sec. 179 deduction, $12,500 of bonus first-year deprecation ($50,000 – 25,000 Sec. 179 x 50% = 12,500) plus $2,500 of regular first-year depreciation.

      Not all vehicles with a GVW greater than 6,000 pounds are considered SUVs. Vehicles with a GVW greater than 6,000 pounds, built on a truck chassis, with an open cargo area or converted box, not readily accessible from the passenger compartment, of at least six feet in length are not subject to the $25,000 Sec. 179 limitation. These vehicles may be depreciated under the regular rules that apply to five-year property, including the first-year bonus depreciation and increased Sec. 179 deduction explained above. This exception can apply to many pickup trucks, but be careful, since some ‘quad’ cabs do not have six-foot beds and therefore fall under the SUV rules.

      The standard mileage allowance for owned or leased autos has been increased 8 cents from 50.5 cents to 58.5 cents per business mile for travel from July 1, 2008 to Dec. 31, 2008 to better reflect the real cost of operating an auto in this period of rising gas prices.

      The Emergency Economic Stabilization Act tax incentives impact both individuals and businesses. The item that will possibly have the greatest effect on individual taxpayers is the alternative minimum tax (AMT) patch. Under the Act, the AMT exemption amounts increased to $69,950 for married couples filing jointly and surviving spouses, $46,200 for single taxpayers and head of households, and $34,975 for married couples filing separately for 2008. The patch is designed to help middle-income taxpayers avoid the reach of AMT. It is estimated that the patch will save middle-income taxpayers approximately $61.8 billion in 2008. The patch is only for 2008. The patch also allows taxpayers to use nonrefundable personal credits to reduce their AMT liability.

      Tax relief for individuals has also come in the form of the extension of many popular tax breaks that have become somewhat permanent since they are extended every year or two. The items that have been extended are: state and local sales tax deduction as an itemized deduction, the teachers’ classroom expense deduction as an above-the-line deduction, tax-free distributions from IRAs for charitable purposes, higher-education tuition deduction as an above-the-line deduction, and the additional standard deduction of real property taxes for non-itemizers, which is new for 2008 and has been extended through 2009.

      The new act also includes many incentives targeted to businesses, several of which revise and extend tax benefits. The most significant are revised research tax credit and the enhanced depreciation for leasehold and restaurant improvements. The new act extends the research tax credit to amounts paid or incurred in 2008 and 2009.

      It also modifies the credit, increasing the alternative simplified credit while repealing the alternative incremental research credit. Qualifying restaurant improvements and leasehold improvements will be eligible for 15-year cost recovery rather than a 39-year period for two more years or through Dec. 31, 2009. Congress also authorized a 15-year recovery period for depreciation of certain improvements to retail space through Dec. 31, 2009. There are several other provisions that do not have a wide-ranging effect on businesses.

      There is still time to take advantage of these tax-saving items offered in the various acts of 2008. Please consult your tax advisor with any specific tax questions or scenarios that you may have or to understand how these provisions may benefit you.v

      Sean Wandrei, CPA is a tax manager at Meyers Brothers Kalicka, P.C. He also serves as treasurer of the Young Professionals Society of Greater Springfield; (413) 536-8510.

      Departments

      The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

      CHICOPEE DISTRICT COURT

      Mercier’s Carper Service Inc. v. Anderson Builders Inc.
      Allegation: Non-payment of services rendered: $16,940.60
      Filed: 10/02/08

      National Vinyl Products Inc. v. Rugg Lumber Company Inc.
      Allegation: Non-payment of goods: $17,524.54
      Filed: 10/02/08

      GREENFIELD DISTRICT COURT

      Fairway Wholesale Corporation v. Rugg Lumber Company Inc.
      Allegation: Non-payment of goods sold and delivered: $10,769.15
      Filed: 10/06/08

      Northeast Treaters Inc. v. Rugg Lumber Company Inc.
      Allegation: Non-payment of goods sold and delivered: $9,103.48
      Filed: 10/06/08

      HAMPDEN SUPERIOR COURT

      Mary Jean Picknelly v. R.E. LaPlante Construction Inc.
      Allegation: Negligence in erosion repair and stabilization services rendered causing property damage: $120,000+
      Filed: 10/08/08

      Paul Lopardo v. MassMutual Federal Credit Union
      Allegation: Employment discrimination: $210,000
      Filed: 10/01/08

      VFS Leasing Co. v. Ferris Transportation Inc.
      Allegation: Breach of lease agreement: $79,032.56
      Filed: 9/24/08

      HAMPSHIRE SUPERIOR COURT

      Adam M. Fishman p/p/a Robert & Maryann Fishman v. City of Northampton
      Allegation: Negligence and inadequate staffing in fifth-grade gym class resulting in plaintiff’s injuries: $97,417
      Filed: 10/03/08

      Katherine S. Kerber v. Somatic Systems Institute
      Allegation: Balance pursuant to a judgment: $41,728.78
      Filed: 10/06/08
      Kim Baker, et al v. Western Mass Electric Company, et al
      Allegation: Negligence, breach of express and implied warranties, and breach of contract stemming from placement of a faulty transformer: $100,000
      Filed: 9/29/08

      Linda Hiesiger, et al v. City of Northampton
      Allegation: Plaintiffs seek monetary damage as well as injunctive relief. Tort action for nuisance and trespass against the Northampton Regional Sanitary Landfill: $750,000
      Filed: 10/14/08

      Town of South Hadley v. Berkshire Design Group Inc.
      Allegation: Breach of contract for engineering services leading to additional expense incurred by plaintiff; $641,324.71
      Filed: 10/08/08

      PALMER DISTRICT COURT

      Coler & Colantonio Inc. v. New England Construction Equipment, LLC
      Allegation: Non-payment of services rendered: $20,448.66
      Filed: 9/09/08

      SPRINGFIELD DISTRICT COURT

      Chicopee Concrete Services v. Custom Concrete
      Allegation: Breach of contract for concrete services: $5,060.62
      Filed: 9/30/08

      Daniel Medina v. Michael Moore Stanley & Sons
      Allegation: Breach of contract for concrete services: $6,895
      Filed: 10/03/08

      Grimaldi Inc. v. MTCS Realty Inc.
      Allegation: Non-payment of products and services: $17,419.95
      Filed: 10/03/08

      Lianne Azevedo v. Best Fitness and Life Fitness
      Allegation: Plaintiff received injury from equipment at defendant’s location: $10,000.00+
      Filed: 10/01/08

      Tomarc Machine Company Inc. v. Ace Precision Inc.
      Allegation: Non-payment on judgment: $6,606.65
      Filed: 9/29/08

      WESTFIELD DISTRICT COURT

      Heritage Surveys, Inc. v. Mountain Rd. Estates, LLC
      Allegation: Non-payment of services rendered: $10,014
      Filed: 9/25/08

      Departments

      The following bankruptcy petitions were recently filed in U.S. Bankruptcy Court. Readers should confirm all information with the court.

      Acosta, Luz Maria
      3 Southern Dr.
      Chicopee, MA 01013
      Chapter: 7
      Filing Date: 09/08/08

      Ahlberg, Paul E.
      Ahlberg, Ashley L.
      50 Thompson St.
      East Longmeadow, MA 01028
      Chapter: 7
      Filing Date: 09/12/08

      Allen, Corey T.
      Allen, Christina
      a/k/a Lakavich, Christina
      625 Montgomery Road
      Westfield, MA 01085
      Chapter: 7
      Filing Date: 09/04/08

      Argueta, German A.
      a/k/a Argueta, Alex
      46 Bartlett St., #1
      Springfield, MA 01107
      Chapter: 13
      Filing Date: 09/11/08

      Arroyo, Ivan E.
      Arroyo, Jessica L.
      a/k/a Gonzalez, Jessica L.
      723 Belmont Ave.
      Springfield, MA 01108
      Chapter: 7
      Filing Date: 08/31/08

      Augusto, Ashley Marie
      80 Vienna Ave.
      Ludlow, MA 01056
      Chapter: 7
      Filing Date: 09/11/08

      Barboza, Heidi A.
      82 Quabog Valley Co-Op
      Palmer, MA 01069
      Chapter: 7
      Filing Date: 09/11/08

      Bennefield, Andrea T.
      204 / 206 Albemarle St.
      Springfield, MA 01109
      Chapter: 13
      Filing Date: 09/10/08

      Brown, Charles K.
      Brown, Tami S.
      286 Ridge Road
      Athol, MA 01331
      Chapter: 7
      Filing Date: 08/31/08

      Burgess, Luke M.
      134 College Highway
      Southampton, MA 01073
      Chapter: 7
      Filing Date: 09/08/08

      Burkovsky, Peter F.
      Burkovsky, Liliya P.
      P. O. Box 177
      Chicopee, MA 01021
      Chapter: 7
      Filing Date: 08/31/08

      Burnett, Marshall
      46 Blandford Stage Road
      Russell, MA 01071
      Chapter: 7
      Filing Date: 08/31/08

      Canty, David Luke
      58 Ridge Way
      Sturbridge, MA 01566
      Chapter: 7
      Filing Date: 09/15/08

      Craven, Gary A.
      20 Rochford Circle
      Springfield, MA 01128
      Chapter: 7
      Filing Date: 08/31/08

      Cruz, Ruben
      Cruz, Lillian
      5 Pinelawn Road
      Longmeadow, MA 01106
      Chapter: 7
      Filing Date: 09/02/08

      Cusson, Albert R.
      Cusson, Mona T.
      3 Nelligan Dr.
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 09/12/08

      Desy, Steve B.
      Desy, Susan E.
      33 St. George St.
      Brimfield, MA 01010
      Chapter: 7
      Filing Date: 09/04/08

      Devine, Glenn Alan
      Devine, Linda Marie
      784 Pendleton Ave.
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 09/10/08

      Devlin, Gail K.
      P. O. Box 385
      Westfield, MA 01086
      Chapter: 7
      Filing Date: 08/31/08

      Dugan-Murphy, Jennifer L.
      145 Sumner Ave., Apt. 1
      Springfield, MA 01108
      Chapter: 7
      Filing Date: 09/15/08

      Dunn, Raymond J.
      P.O. Box 273
      Sheffield, MA 01257
      Chapter: 7
      Filing Date: 09/04/08

      Edwards, Lloyd N.
      56 Alsace St.
      Springfield, MA 01108
      Chapter: 7
      Filing Date: 09/10/08

      Egbert, Theresa-Jo
      160 Forest Hills Road
      Springfield, MA 01128
      Chapter: 7
      Filing Date: 09/05/08

      Eldridge, Heather A.
      465 Main St.
      Athol, MA 01331
      Chapter: 7
      Filing Date: 09/11/08

      Farrin, Irene L.
      1324 Massachusetts Ave.
      North Adams, MA 01247
      Chapter: 7
      Filing Date: 09/15/08

      Flores, Moises
      30 Armory St.
      Springfield, MA 01105
      Chapter: 7
      Filing Date: 09/08/08

      Gervickas, Shawn M.
      16 Dallaire Ave.
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 09/08/08

      Gilmore, Kathleen E.
      16 Worthy Ave.
      West Springfield, MA 01089
      Chapter: 7
      Filing Date: 09/04/08

      Godfrey, Paula B.
      71 Nutmeg Lane
      Williamstown, MA 01267
      Chapter: 7
      Filing Date: 09/03/08

      Gonzalez, Erasmito
      Gonzalez, Alba Rosalia
      399 Eastern Ave.
      Springfield, MA 01109
      Chapter: 7
      Filing Date: 09/05/08

      Gosselin, Robert L.
      PO Box 5038
      Holyoke, MA 01040
      Chapter: 7
      Filing Date: 09/12/08

      Goulette, Kimberly A.
      33 Bluemer Road
      Southampton, MA 01073
      Chapter: 13
      Filing Date: 09/04/08

      Grady, Robert W.
      205 Silver Lake St.
      Athol, MA 01331
      Chapter: 7
      Filing Date: 09/11/08

       

       

      Grandview Farms Inc.
      45 Grandview St.
      Chicopee, MA 01013
      Chapter: 12
      Filing Date: 09/02/08

      Grant, Dolores M.
      380 Riverglade Dr., Apt. #G
      Amherst, MA 01002
      Chapter: 7
      Filing Date: 09/03/08

      Guyer, Michael Robert
      Guyer, Christina Maria
      27 Woodhill Road
      Monson, MA 01057
      Chapter: 7
      Filing Date: 09/10/08

      Hadley, David M.
      65 South Maple St.
      Westfield, MA 01085
      Chapter: 7
      Filing Date: 09/09/08

      Hicks-Grady, Nicole L.
      205 Silver Lake St.
      Athol, MA 01331
      Chapter: 7
      Filing Date: 09/11/08

      Krupa, Rita C.
      99 Yorktown Dr.
      Springfield, MA 01108
      Chapter: 13
      Filing Date: 09/13/08

      Lemieux, Coreen A.
      c/o Law Offices
      1350 Main St., 15th F
      Springfield, MA 01103
      Chapter: 7
      Filing Date: 09/04/08

      Loffredo, James L.
      Loffredo, Sonya M.
      244 Glendale Road
      Hampden, MA 01036
      Chapter: 7
      Filing Date: 09/10/08

      Madigan, Mary Lou
      633 Federal St.
      Belchertown, MA 01007
      Chapter: 7
      Filing Date: 09/09/08

      Mathers, Sean W.
      Packard-Mathers, Amber M.
      12 Laurie Ave.
      South Hadley, MA 01075
      Chapter: 7
      Filing Date: 09/10/08

      McCarthy, Nancy C.
      29 Canal St.
      Ware, MA 01082
      Chapter: 7
      Filing Date: 09/09/08

      McGrath, William M.
      52 Longview Dr.
      Florence, MA 01062
      Chapter: 13
      Filing Date: 09/09/08

      McNamara, Thomas J.
      124 North Blvd.
      West Springfield, MA 01089
      Chapter: 7
      Filing Date: 08/31/08

      Moretz, Mark
      Moretz, Renee
      68 Sessions Dr.
      Hampden, MA 01036
      Chapter: 7
      Filing Date: 09/03/08

      Nereida, Lopez
      1022 Carew St.
      Springfield, MA 01104
      Chapter: 7
      Filing Date: 09/09/08

      Nimchick, Susan J.
      362 James St.
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 09/11/08

      Olson, Mark A.
      Olson, Doreen A.
      524 S. Main St.
      Orange, MA 01364
      Chapter: 7
      Filing Date: 09/02/08

      O’Neill, Christine A.
      O’Neill, Patrick J.
      39 Theodore St.
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 09/15/08

      Page Construction
      Page, Leroy F.
      Page, Theresa A.
      104 West Oxbow Road
      Shelburne Falls, MA 01370
      Chapter: 7
      Filing Date: 08/31/08

      Palmer, Harold D.
      30 Myron St., Apt. 34
      West Springfield, MA 01089
      Chapter: 7
      Filing Date: 09/11/08

      Pleva, Raymond Frances
      201 Southwick St.
      Feeding Hills, MA 01030
      Chapter: 7
      Filing Date: 09/10/08

      Smith, Eugene David
      15 Kaveney St.
      Chicopee, MA 01020
      Chapter: 13
      Filing Date: 09/11/08

      Stec, Karl L.
      155 Nutmeg Circle
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 09/03/08

      Stevenson, Roger K.
      P. O. Box 216
      Chicopee, MA 01021
      Chapter: 7
      Filing Date: 08/31/08

      Szczawinski, Zygmont J.
      Szczawinski, Marguerite A.
      59 Morningside Park
      Springfield, MA 01108
      Chapter: 7
      Filing Date: 09/10/08

      Teddy Bear Daycare
      Burgess, Amy M.
      1 Droy Circle
      Easthampton, MA 01027
      Chapter: 7
      Filing Date: 09/08/08

      Tedford, Chad E.
      114 Thrower Road
      Athol, MA 01331
      Chapter: 7
      Filing Date: 09/02/08

      Torres, Dalma M.
      30 Davenport St.
      Springfield, MA 01119
      Chapter: 13
      Filing Date: 09/02/08

      Walker, Delicia M.
      66 Irving St.
      West Springfield, MA 01089
      Chapter: 7
      Filing Date: 09/03/08

      Williams, Gary W.
      50 Ashfield St.
      Shelburne Falls, MA 01370
      Chapter: 7
      Filing Date: 09/12/08

      Woodard, Daniel P.
      214 Winchester Road
      Northfield, MA 01360
      Chapter: 13
      Filing Date: 09/04/08

      Departments

      The following Business Certificates and Trade Names were issued or renewed during the month of October 2008.

      AGAWAM

      Dean’s Landscaping
      349 Barry St.
      John-Michael Dean

      Favor Home Remodeling
      106 Columbia Dr.
      Mark St. Laurent

      Northern Snow Removal
      31 Maple St.
      Nicholas Pandolfi

      AMHERST

      Hybrid Fire
      38 Lessey St.
      Aaron Soules

      Levsco
      370 Potwine Lane
      Peter Levy

      CHICOPEE

      Bernat’s Polish Meat Products & Deli
      895 Meadow St.
      Gregory & Edward Bernat

      Bulldog Jakes
      64 Olea St.
      Gayle Marie Davignon

      Chicopee Windows
      36 Mercedes St.
      Robin Campbell

      Secure Solutions
      213 Dayton St.
      Robert Morgan

      Squeaky Clean Inc.
      48 Center St.
      James Michael Thomson

      EASTHAMPTON

      Home Town Painting
      17 Harrison Ave.
      Karlene Foster

      JMW Construction
      14 Plymouth Ave.
      James Wildman

      Roy Chiropractic & Wellness Center
      132B Cottage St.
      Dr. Norman G. Roy

      GREENFIELD

      El Greco Café
      233 Main St.
      Kosta Pitaridis

      Jacqui’s Cleaning Service
      91 Norwood St.
      Jacqueline L. Wilkins

      Lucky Nails
      130 Main St.
      Tai H. Hunh

      Moonlight Auto Reconditioning
      1110 Bernardston Road
      John Woods

      HOLYOKE

      Executive Flooring
      30 Lynwood Ave.
      Raymond J. Mansfield

      Health Power
      50 Holyoke St.
      Yong Qiang Li

      LONGMEADOW

      ABC Home Daycare
      361 Wolf Swamp Road
      Cheryl Cochi

      Counsel & Gynecology Group, P.C.
      175 Dwight Road
      Max Chorowski, M.D.

      JR Enterprises
      192 Captain Road
      Ronald Mack

      Prospect Group
      43 Benedict Terrace
      Michael Green

      NORTHAMPTON

      Bistro 186
      186 Main St.
      Robert B. Lowney

      Chameleon’s Hair Salon
      2 Conz St.
      Teri Woodland

      Ostrander Law Office
      36 Service Center Road
      David W. Ostrander

      Pillow Casey
      30B Avis Circle
      Pamela D. Estes

      Valley DBT & CBT
      32 Masonic St.
      Rosemary Roy

      Queen Nail Salon
      138 King St.
      Khanh N. Tran

      PALMER

      Pathways
      1085 Park St.
      Victor Acquista

      Premier Communications
      11 Hobbs St.
      Robert Lucier

      Ray’s Towing & Repair
      1205 South Main
      Raymond LaBonte, Jr.

       

      SOUTH HADLEY

      Nailz by Jennifer
      135 College St.
      Jennifer Deleon

      Russ Foisy Electrical Service
      16 Lathrop St.
      Russell R. Foisy

      Nathan Abraham & Associates
      158 Riverboat Village Road
      Nathan Abraham

      SOUTHWICK

      MLS Services Co.
      68 Granville Road
      Michael Shea

      Passion in Performing Arts
      627 College Highway
      Theresa Dellamarco

      Southeastern Financial Group
      603 College Highway
      Keith Deyo

      SPRINGFIELD

      MYM Services
      197 Florida St.
      Yasir Osman

      New York Nails
      1368 Allen St.
      Jennifer Thu Costa

      Pentecostal Church
      155 Chestnut St.
      Julio Edwards

      Perfect Cuts Barber
      472 Bridge St.
      Frankie C. Pileggi

      Princess Nails
      368 Cooley St.
      Michael Cao

      Prolase
      933 Belmont Ave.
      Maria Bianchi

      Riverbend Medical Group
      305 Bicentennial Highway
      Robert L. Lounsbury

      Rubet Commercial Cleaning
      17 Fairhaven Dr.
      Luis Rubet

      Seabrooks Cleaning Service
      73 Edgewood St.
      Ulysses Seabrooks

      Studs Only National Scene
      135 Boston Road
      Yolanda R. Cancel

      T3WP
      69 Anne St.
      Richard J. Blake

      Tenants & Landlords
      1655 Main St.
      Castillo Castle LLC

      This & That Collectible
      98 Carver St.
      Sara Louise Bechta

      U Know Tech
      892 Main St.
      Ronald Lopez

      Universal Real Estate
      115 State St.
      Daniel D. Kelly

      WESTFIELD

      D & D Design
      48 Marla Circle
      Diane Strattner

      Sweet Reveal
      1 Overlook Dr.
      Carla Kone

      Westfield Community News.com
      20 Perkins St.
      Sally Memole

      WEST SPRINGFIELD

      Closet Factory
      266 Cold Spring Ave.
      David Townsend

      Fathers & Sons
      989 Memorial Ave.
      Damon S. Cartelli

      Kia of West Springfield
      468 Memorial Ave.
      Damon S. Cartelli

      Mind, Body, & Skin
      117 River St.
      Jennifer Pruitte

      Nut House Designs
      80 Windsor St.
      Roy D. Bessette

      Richard’s Grinders
      875 Memorial Ave.
      Brian Cleland

      Sherwin-Williams
      126 Baldwin St.
      Joseph Ward

      Wood Stock Mills Inc.
      266 Cold Spring Ave.
      David W. Townsend

      Departments

      The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

      CHICOPEE DISTRICT COURT

      Belmont Laundry Inc. v. Prospect Lawn
      Allegation: Breach of contract: $7,043.40
      Filed: 9/10/08

      GREENFIELD DISTRICT COURT

      Janine Boudreau Health Care Inc. v. Anchorage Nursing Home
      Allegation: Non-payment of billing services rendered: $12,000
      Filed: 9/23/08

      HAMPDEN SUPERIOR COURT

      Darlene Marchand v. Thomas Kaye M.D., Catherine Dutton R.N., Patricia Kress S.T., Judith Stacy R.N., & Valley Neurological Surgery, P.C.
      Allegation: Medical malpractice: $25,000
      Filed: 8/28/08

      Dr. Vijai B. Pandey v. Liberty Mutual Insurance Company
      Allegation: Breach of contract: $250,000
      Filed: 9/11/08

      Ludlow Construction Co. Inc. v. City of Marlborough
      Allegation: Non-payment of services rendered: $31,319.30
      Filed: 8/21/08

      Tom Ferreira v. Stop & Shop Supermarket, LLC
      Allegation: Slip and fall: $38,571.94
      Filed: 9/23/08

      HAMPSHIRE SUPERIOR COURT

      Darren D. Powell and Paul S. Bargreen v. Russell St. Realty Corp.
      Allegation: Breach of settlement agreement: $200,000
      Filed: 9/15/08

      Matthew & Jennifer Massengil, as parents of Ellinor Massengil v. Joseph E. Lellman M.D., New England Orthopedic Surgeons, and Charles L. Bernstein M.D.
      Allegation: Misdiagnosis of hip dysplasia requiring corrective surgery: $135,000
      Filed: 9/29/08

      NORTHAMPTON DISTRICT COURT

      Berkshire Design Group Inc. v. Valley Planning Inc.
      Allegation: Non-payment of professional services rendered: $23,769.36
      Filed: 9/23/08

      Berkshire Design Group Inc. v. Tomlinson Builders
      Allegation: Non-payment of professional services rendered: $12,214.87
      Filed: 9/23/08

      Krisen Day v. Fraternal Order of Eagles of Northampton Inc.
      Allegation: Plaintiff seeks return of real-estate deposit because of title defect: $20,000
      Filed: 9/29/08

      PALMER DISTRICT COURT

      Kathy Lucas v. BNC Countertops Inc.
      Allegation: Breach of contract in counter installation: $4,643.63
      Filed: 8/28/08

      SPRINGFIELD DISTRICT COURT

      Arch Aluminum & Glass Company Inc. v. Hampden Structural Systems d/b/a Private Garden, Joseph and Katherine Hickson
      Allegation: Non-payment of goods sold and delivered: $7,981.15
      Filed: 9/16/08

      Palazzesi Realty v. Pet Resorts International, LLC
      Allegation: Failure to pay rent: $6,600
      Filed: 9/19/08

      Departments

      Breakfast of Champions

      State legislators and early-education advocates joined with Mass. Department of Early Education Acting Commissioner Amy Kershaw in celebrating the state’s recent passage of ‘An Act Relative to Early Care and Education’ on Sept. 26 at the Springfield YMCA. Pictured with local preschoolers is leading early-education advocate Margaret Blood, founder and president of Strategies for Children Inc., a nonprofit organization based in Boston. Breakfast cereal boxes featuring legislators who supported the early-education law — Champions for Early Childhood — were distributed at the event. Other participants included representatives of Cherish Every Child, the Pioneer Valley Plan for Progress Pre-K and Early Education Strategy Team, and the Western Mass. early-childhood community. A representative of Gov. Deval Patrick’s office also attended. The new law formally establishes the universal pre-K program in the Commonwealth and supports strategies encouraging the early-education workforce to further their education. The act will also overhaul regulations of early-education programs and sites setting health, safety, and quality standards. Cherish Every Child is an initiative of the Irene E. and George A. Davis Foundation and is working to realize the goal for every child entering kindergarten to be ready for school, healthy, and fully prepared for learning success.


      Capitol Ideas

      Last month, 45 area business owners and managers, elected officials and economic-development leaders attended a three-day symposium in Washington, D.C. coordinated by the Affiliated Chambers of Commerce of Greater Springfield and hosted by U.S. Rep. Richard E. Neal. Attendees heard from several speakers, including U.S. Rep. Barney Frank; Speaker of the House Nancy Pelosi; Charles Rangel, chairman of the House Ways & Means Committee; and nationally known columnist and commentator Mark Shields.


      A Big Check, on the House

      Through the efforts of sales associates and employees of the Coldwell Banker Residential Brokerage offices in Belchertown, Chicopee, East Longmeadow, Longmeadow, and Westfield, Coldwell Banker Residential Brokerage Cares, the fundraising arm of Coldwell Banker Residential Brokerage, donated $25,000 to benefit Habitat for Humanity. The funds enabled the Greater Springfield Habitat for Humanity to complete the 171 Cabot St. project. Additionally, the brokerage offices have been supporting the Greater Springfield Habitat for Humanity through a variety of fundraising initiatives and volunteering. Last year, Coldwell Banker Residential Brokerage Cares donated nearly $67,000 to the organization.


      Celebrating Entrepreneurship

      Springfield Technical Community College staged its 9th annual Western Mass. Entrepreneurship Hall of Fame induction banquet on Oct. 2 at the Log Cabin, and announced the launch of the Web site www.eshiphall.org. The event celebrated entrepreneurship in many ways, from videos about the inductees to presentation of the Hall of Fame’s County Achievement Awards, to BusinessWest’s formal presentation of its Top Entrepreneur Award. Above, members of the Class of 2008 pose with the Entrepreneurship Hall of Fame awards: from left, Mark Tolosky, president and CEO of Baystate Health; Esther and Art Jacobson of OMG Inc.; the Samble family of Belmont Laundry; the Sherff family of the Student Prince Restaurant; and the Young family of W.F. Young Co. Below left, BusinessWest Editor George O’Brien, left, presents the BusinessWest Top Entrepreneur Award to John Maybury, president of Maybury Material Handling Company. Below right, County Achievement Award recipients, from left, are William Kristensen Sr. of Hi-Tech Mold and Tool (Berkshire County), Martha Borawski of Pioneer Valley Travel (Hampshire County), Dean Cycon of Dean’s Beans (Franklin County), and Steven Richter of Microtest Labs (Hampden County).

      Sections Supplements
      Bequeath Your Values Along With Your Valuables

      ‘To my daughter, I leave my love of laughter.’ ‘And to my son, I leave my passion for knowledge.’

      As a responsible provider, you want to ensure the future financial stability of your loved ones. As such, you may have already drafted a last will and created an estate plan that transfers your worldly possessions; however, your estate plan should not end there.

      What steps have you taken to ensure that you also pass on your values, ideas, and beliefs? What wisdom and life lessons do you want to share with those you care about? Do you want to be remembered for your values rather than for the possessions you have left behind? If so, you may want to consider drafting an ethical will.

      As the name suggests, ethical wills are the spiritual counterparts to traditional wills that distribute wealth. Ethical wills pass on intangible assets such as blessings, life lessons, dreams, and hopes, as opposed to tangible possessions. While ethical wills are not binding legal documents, they can be an invaluable gift to friends, family members, and other loved ones.

      Although ethical wills have recently gained in popularity, the concept is not new. Medieval models of ethical wills have been found in Jewish, Christian, and Islamic cultures. In the days of illiteracy, last wills were read aloud so that all concerned could hear. Thus, it became common practice to attach one last communication to a captive audience.

      Today, ethical wills are increasingly being created alongside traditional wills as part of the estate-planning process. Like traditional wills, they are often revised to reflect turning points and transitions in the writer’s life, i.e. the birth of a child, a marriage, or end-of-life planning. Additionally, while traditional wills are filed in probate court and become public documents, ethical wills become privately treasured family heirlooms. Indeed, rather than wonder what you might have done in response to a specific situation, loved ones may continuously glean nuggets of advice as they read your ethical will many times throughout various stages of their lives.

      Preparing to draft an ethical will often involves serious consideration of your values and morals, important lessons learned, hopes and dreams for the future, advice to loved ones, invaluable memories, and important events in your life. You may also contemplate themes, such as regrets and forgiveness, personal love, mentors and teachers, cultural beliefs, ancestry, or how you would like to be remembered by others.

      Creating an ethical will does not need to be an individual endeavor. You may choose to review your ethical will with your loved ones. Indeed, by encouraging input from family members, an ethical will may serve as a tool to give those family members insight regarding your wishes and intentions. Thus, the joint process of creating an ethical will serves to promote a cohesiveness that can last well beyond your lifetime.

      Although writing an ethical will is a serious endeavor, it need not be a complicated process. Unlike traditional wills that are bound by statutory constraints, there is no set form or procedure for creating an ethical will. Each ethical will is as unique as the individual that creates it. An ethical will can be a letter to loved ones or to grandchildren not yet born. It may also be a set of instructions regarding the family business or a detailed account of a life journey. It may choose to develop and impart a family mission statement or provide blessings for future generations. Additionally, an ethical will does not need to be limited to writing. It may incorporate multimedia messages, such as photos, drawings, music or videos. Your personal preferences are the only constraints.

      There are various resources available to assist with creating an ethical will, and professionals that specialize in this area will assist you. They may provide individual consultation or writing workshops. They will help you to ascertain what is most important for you to express and then guide you along in the process so that you will be certain to create an ethical will that is a true reflection of you. If you are inclined to work alone, an Internet search will provide a variety of free resources and examples that you may use as you write your ethical will.

      Creating an ethical will forces you to contemplate end-of-life issues, which can admittedly be very difficult; however, this should not be a deterrent, because the benefits of completing an ethical will far outweigh the detriments.

      It will help you gain a great deal of insight into what you really value and, in turn, pass that on to your friends, family members, and loved ones. Bequeath more than your valuables. Create an ethical will and bequeath your values, too.

      Gina M. Barry is a partner with Bacon Wilson, P.C. She is a member of the National Assoc. of Elder Law Attorneys, the Estate Planning Council, and the Western Mass. Elder Care Professionals Assoc. She concentrates her practice in the areas of estate and asset protection planning, probate administration and litigation, guardianships, conservatorships, and residential real estate; (413) 781-0560;[email protected]

      Sections Supplements
      Make Smart Decisions to Protect Your Liability and Tax Status

      Protection of assets is never more relevant than in times of economic uncertainty. While the local economy has not been as affected by the burst of the housing bubble as the national and international markets, times of economic uncertainty always force current and prospective business owners to ask themselves which form of business entity best meets their needs. Some of the choices available are: sole proprietorship, general partnership, limited partnership, limited-liability company, and corporation.

      So, which entity type is best for your company? The short answer is: It depends.

      It depends on factors such as the assets to be held by the business entity, the number of individuals, if any, employed by the company, the type of business to be conducted by the entity, whether the entity will issue shares of stock, and how many, just to name a few. Ask any attorney, and his or her first concern will be limiting the personal liability of the principals of the business. Ask any accountant, and her first concern will be preferred tax treatment.

      Fortunately for current and would-be business owners, these two concerns are not mutually exclusive. In fact, the two principles can be combined in a number of different ways, depending on the individual needs of the business.

      In addition to the two tax and liability concerns outlined above, other factors that must be considered when deciding which entity is right for your company include ownership structure, capital structure, management structure, ease and cost of formation, and exit strategies.

      Here’s a look at the options and what to be thinking about with each one.

      Sole Proprietorship

      The sole proprietorship is the most common, most cost-efficient, and easiest-to-start form of business entity. To form a sole proprietorship in Massachusetts, one need only file a d/b/a or ‘doing business as’ certificate in the town clerk’s office of every city or town in which the sole proprietorship will operate. That said, none of these should be a determining factor when choosing which entity to form.

      In fact, a sole proprietor and his or her business are one in the same. That is, the personal liability of the sole proprietor is limited only by the assets he or she owns. In addition, business succession is impossible when dealing with a sole proprietorship because the entity terminates automatically upon the death of the sole proprietor. While there are tax advantages to a sole proprietorship, in that the individual is taxed on his or her personal income, as opposed to the double taxation of corporations as discussed below, this advantage, along with ease of formation and cost savings, rarely outweigh the potential exposure to unlimited liability.

      General Partnership

      A general partnership is much like a sole proprietorship in that no organizational documents are required to form a general partnership, and liability is unlimited. In fact, each partner is not only liable for his or her own actions, or inaction, he or she is also liable for the actions, or inaction, or his or her partner(s), also known as joint and several liability. While liability for the acts of one’s partners can be limited through the use a of well-crafted partnership agreement, the individual partners will always be liable for their respective actions.

      Absent the existence of a partnership agreement to the contrary, each partner in a general partnership will have equal control over the governance and day-to-day operations of the business. In addition, and much like the sole proprietorship, the general partnership does not pay taxes on any of its income; instead, each partner is taxed personally. Normally, withdrawal of a partner, bankruptcy, or death of a partner will terminate a general partnership.

      Limited Partnership

      Unlike the sole proprietorship and general partnership, in order to form a limited partnership in Massachusetts, you must file a certificate of limited partnership with the secretary of state’s office. Also unlike a general partnership, in which all partners are general partners, the limited partnership is made up of both general partners and limited partners.

      While the general partners may have the same personal liability as found in the general partnership model, the liability of each limited partner is limited to the amount of his or her initial investment. The tax treatment of the limited partnership is the same as that of the general partnership — each partner is taxed individually.

      Limited-liability Company

      In order to form a limited-liability company (LLC), you must file a certificate of organization with the secretary of state’s office. In addition, an annual report must be filed with the secretary of state on or before the anniversary of the original filing. With the advent of the LLC came a more complete blending of the limited liability offered by a corporation (discussed later) and the ‘pass-through’ taxation of the sole proprietorship and various partnership relationships.

      In addition, the LLC offers its principals the ability to customize the powers given to its members. For example, the LLC offers the ability to distribute profits and losses disproportionately to the respective membership interests of its members. This can be a very effective tax-planning tool. The document that will dictate the voting rights of members, the number of managers, and the roles of each member is the LLC’s operating agreement. A well-integrated operating agreement is often the difference between an LLC that reaches its full potential and one that simply exists. The LLC is managed by one or more managers, who need not be members of the LLC.

      Corporation

      The corporation is perhaps the most widely recognizable business entity. That said, most people do not realize that there are two different types of corporations to choose from — the C corporation and the S corporation. The differences between the two are largely functions of tax treatment, the number of shareholders each may have, and the classes of stock that may be offered by each.

      Both the S-corp and C-corp are owned by the shareholders, managed by a board of directors, and operated on a daily basis by a slate of officers. In order to form a corporation, you must file articles of organization with the secretary of state’s office. In addition, annual reports must be filed with the secretary of state’s office within two and a half months of the close of the corporation’s fiscal year, and annual meetings of the shareholders and directors must occur annually.

      The S-corp functions much like an LLC. That is, it offers the tax advantages of pass-through taxation while also offering limited liability to its shareholders, officers, and directors, except in limited circumstances.

      The C-corp, while also offering limited liability to its shareholders, officers, and directors, except in limited circumstances, is double-taxed, meaning the corporation is taxed at the corporate level when income is earned and again when the respective shareholders receive a distribution. The major advantage of the C-corp over the S-corp is that, unlike the S-corp, the C-corp may have an unlimited number of shareholders and different classes of stock. Both of these are important considerations when a business is seeking to raise capital via venture capital or angel investors.

      While this article is merely a summary of the most common business entities from which to choose, it’s easy to see that one size does not fit all. In fact, you can only decide which entity will be most beneficial to your business through careful consideration and consultation with your tax-planning professional, attorney, and other business planning professionals.

      The good news is that, if you have an existing business, and after reading this article you are questioning whether or not you have chosen the right entity for your business, you are not necessarily locked into your current entity. Many of these entities can be converted, with some exceptions, to a more beneficial entity for your business.v

      Dennis G. Egan Jr. is an associate with the regional law firm of Bacon Wilson, P.C, specializing in business and corporate law; (413) 781-0560;[email protected]

      Departments

      Dinner Lecture

      Oct. 14: Author Joel Barker will present “You Can and Should Shape Your Own Future, Because If You Don’t, Someone Else Surely Will” from 5 to 9 p.m. at the Log Cabin Banquet & Meeting House in Holyoke. The dinner forum is hosted by the UMass Amherst Family Business Center. Barker will explain how to create ‘extreme’ partnerships to transform your company and product; how your senior leaders can continuously explore trends, innovations, and paradigm shifts; and how to better anticipate and deal with the effects of change. In addition to Barker’s presentation, an educational talk on how to be a savvier user of expert advisors will be presented by the law firm of Bulkley, Richardson and Gelinas LLP. For more information, call Ira Bryck at (413) 545-1537, or E-mail [email protected].

      WNEC Seminar

      Oct. 15: Western New England College in Springfield will host “Planning for Retirement Benefits: A Morning with Natalie Choate” from 8:30 a.m. to noon in Rivers Memorial Hall. The seminar is aimed at legal, accounting, and financial services professionals, exploring developments and trends in retirement benefits, trusts, and estate planning. Choate is a Boston-based estate-planning lawyer and the author of Life and Death Planning for Retirement Benefits and The QPRT Manual. The program qualifies for three CLE and CPE credits and costs $75. For more information or to register, call (413) 796-2260 or (800) 325-1122, ext. 2260.

      Managing Business in a Down Economy

      Oct. 16: A workshop for business owners titled “Managing Your Business in a Down Economy” will be offered from 9 to 11 a.m. at the Andrew M. Scibelli Enterprise Center, 1 Federal St., Springfield. The workshop, presented by a panel of experts from various business segments, is sponsored by the Mass. Small Business Development Center Network. The cost is $40. For more information, call (413) 737-6712 or visit www.msbdc.org/wmass.

      Entrepreneurship Conference

      Oct. 17: “Entrepreneurship in a Global Economy” will be presented by the Law and Business Center for Advancing Entrepreneurship of Western New England College, Springfield, from 8:30 a.m. to 4:15 p.m. in the S. Prestley Blake Law Center, Room D. The cost is $50 per person. The discussion topics will include “Environmentalism & Entrepreneurship,” “Globalization & Entrepreneurship,” “Finance & Entrepreneurship,” and “Politics and Entrepreneurship.” Dean Cycon, owner of Dean’s Beans Organic Coffee, will be the luncheon keynote speaker. Cycon is a leader of the American fair trade coffee movement. For more information or to register, contact Aimee Griffin Munnings at (413) 796-2030 or via E-mail to [email protected].

      Women’s Movement Discussion

      Oct. 23: L. Kay Wilson, attorney, coach, and motivational speaker, will moderate a discussion titled “Women, Power & Influence: Do We Still Need a Women’s Movement?” at 2 p.m. in Mills Theatre, Carr Hall, Bay Path College, Longmeadow. The program is part of the Kaleidoscope series at Bay Path. Panel members will discuss the roots of the women’s movement, the perspective of young women today, and next steps for expanding the influence of women in our communities, companies, and government. Panelists are: Dr. Regina Barreca, professor of English at UConn, best-selling author, and nationally recognized feminist comedienne; Dr. Carol Leary, president, Bay Path College; Laurie Rosner, senior vice president, Rockville Bank of Connecticut; and Ann Young-Jaffe, program manager, Aetna’s consumer segment. The program is free to the public.

      Meet the Authors

      Oct. 23: The Women’s Partnership, a division of the Affiliated Chambers of Commerce of Greater Springfield Inc., will host its annual scholarship fund-raising event, Meet the Authors, from 5 to 7 p.m. on the Elms College campus in Chicopee. Tickets are $10. Authors will include Joseph J. Ellis, Corinne Demas, Suzanne Strempek-Shea, and Lesléa Newman. Jane Dyer, an illustrator of numerous books for children, will also be on hand to sign books. For more information, contact Diane Swanson at (413) 755-1313. All proceeds raised from the event will benefit the Women’s Partnership Scholarship Fund.

      Super 60 Award Luncheon

      Oct. 24: The Affiliated Chambers of Commerce of Greater Springfield Inc. will fete its winners of the annual Super 60 Award in the categories of revenue growth and total revenue beginning at 11:30 a.m. at Chez Josef in Agawam. William Rand Kenan Jr., professor and director of the Urban Investment Strategies Center at the University of North Carolina Chapel Hill, will deliver the keynote address. For more information, call (413) 755-1316 or visit www.myonlinechamber.com.

      Creating Business Plans

      Oct. 30: The Mass. Small Business Development Center Network will present “Your First Business Plan” from 9 to 11 a.m. at the Franklin County Chamber of Commerce, 395 Main St., Greenfield. The workshop will focus on management fundamentals from start-up considerations through business-plan development. Topics will include financing, marketing, and business planning. The cost to attend the workshop is $35. For more information on the event, call (413) 737-6712 or visit www.msbdc.org/wmass.

      Building Entrepreneurs

      Nov. 7: Titled “Empowering a New Generation of Entrepreneurs,” the fourth annual Grinspoon, Garvey & Young Entrepreneur Conference for college students in the Pioneer Valley will take place from 8 a.m. to 2 p.m. at the MassMutual Convention Center in Springfield. Coordinated by the Harold Grinspoon Charitable Foundation’s Entrepreneurship Initiative, the event will feature an entrepreneurship and resource exhibit and interactive breakout sessions on the following topics: “Chronicles of a New Entrepreneur: the Early Days,” “The Art of the Pitch,” “Start, Grow, Succeed … with the Help of the SBA,” “The Next Big Idea,” and “Invention to Venture: the Making of a Technology Company.” The conference fee is $150, and scholarships are available. To register or for more information, contact Brenda Wishart at (413) 454-3109, or by E-mail at [email protected].

      City of Bright Nights Ball

      Nov. 15: A Japanese garden setting — complete with tea house — will set the mood for the 2008 City of Bright Nights Ball in the Grand Ballroom at the Sheraton Springfield-Monarch Place. The black-tie event features a gourmet dinner with the flavors of Japan, dancing, and the chance to win and purchase a variety of gift items. Tickets are $500 per couple, and tables of 10 are available for $2,500. For more information, visit www.spiritofspringfield.org or call (413) 733-3800.

      Departments

      Green Buildings Open House

      October 4: The Northeast Sustainable Energy Assoc. (NESEA) invites the public to visit local sustainable buildings across the state and to talk with energy-saving experts during the 2008 Green Buildings Open House. NESEA’s open house, part of the American Solar Energy Society’s National Solar Tour, offers area residents a first-hand look at how to incorporate green elements to help reduce heating costs, increase energy conservation, and generate surplus clean energy. A complete list of open-house sites and events is available at www.nesea.org/buildings/openhouse. NESEA also recommends that individuals visit www.dsireusa.org for information on tax credits, grants, rebates and discount utility rates, and www.energystar.gov for federal tax-credit information on qualified appliances and products.

      Business Owners Initiative

      Oct. 9: “Seven Things CEOs of Breakthrough Companies Know That You Don’t” will be presented from 8 to 10:30 a.m. at the Clarion Hotel & Conference Center in West Springfield, sponsored by the Affiliated Chambers of Commerce of Greater Springfield and Hampden Bank. During the session, attendees will be introduced to the Breakthrough Executive Board, which is comprised of local business owners who have joined together to promote the growth and management of their companies. Prior registration for the program is required due to limited seating. For more information, call (413) 583-3653 or E-mail [email protected].

      Dinner Lecture

      Oct. 14: Author Joel Barker will present “You Can and Should Shape Your Own Future, Because If You Don’t, Someone Else Surely Will” from 5 to 9 p.m. at the Log Cabin Banquet & Meeting House in Holyoke. The dinner forum is hosted by the UMass Amherst Family Business Center. Barker will explain how to create extreme partnerships to transform your company and product; how your senior leaders can continuously explore trends, innovations, and paradigm shifts; and how to better anticipate and deal with the effects of change. In addition to Barker’s presentation, an educational talk on how to be a savvier user of expert advisors will be presented by the law firm of Bulkley, Richardson and Gelinas LLP. For more information, call Ira Bryck, director of the Family Business Center, at (413) 545-1537, or E-mail [email protected].

      Women’s Movement Discussion

      Oct. 23: L. Kay Wilson, attorney, coach, and motivational speaker, will moderate a discussion titled “Women, Power & Influence: Do We Still Need a Women’s Movement?” at 2 p.m. in Mills Theatre, Carr Hall, Bay Path College, Longmeadow. The program is part of the Kaleidoscope series at Bay Path. Panel members will discuss the roots of the women’s movement, the perspective of young women today, and next steps for expanding the influence of women in communities, companies, and government. Panelists are: Dr. Regina R. Barreca, professor of English at UConn, bestselling author, and nationally recognized feminist comedienne; Dr. Carol Leary, president, Bay Path College; Laurie Rosner, senior vice president, Rockville Bank of Connecticut; and Ann Young-Jaffe, program manager, Aetna’s consumer segment. The program is free and open to the public.

      Departments

      The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

      CHICOPEE DISTRICT COURT

      Czar Distributing Inc. v. Creative Design Custom Homes
      Allegation: Non-payment of goods and services rendered: $1,060
      Filed: 8/13/08

      Tony Canty v. Gemini Property Services
      Allegation: Failure to complete bathroom remodeling project: $2,000
      Filed: 8/18/08

      FRANKLIN SUPERIOR COURT

      Ryan J. Holmgren v. Dunkin Donuts Inc.
      Allegation: Plaintiff sustained personal injury when he sat on a needle: $2,504
      Filed: 8/14/08

      HAMPDEN SUPERIOR COURT

      Corey Hebert ppa Mark Hebert v. Dick’s Sporting Goods
      Allegation: Negligence and product liability causing injury: $62,900
      Filed: 8/06/08

      Kimberly Gauthier v. Pride Plazas Inc.
      Allegation: Negligence in placement of air compressor causing injury: $650,000
      Filed: 8/07/08

      Kimberlee Estrella v. T.D. Banknorth, N.A.
      Allegation: Employment discrimination: $25,000+
      Filed: 8/07/08

      Melinda Tillman v. the Mercy Hospital Inc.
      Allegation: Employment discrimination: $25,000+
      Filed: 8/07/08

      T.D. Banknorth, N.A. v. Tremblay Electric
      Allegation: Non-payment of debt: $66,634.90
      Filed: 8/21/08

      HAMPSHIRE SUPERIOR COURT

      Christopher Martin v. Hampshire, Franklin, & Hampden Agricultural Society
      Allegation: Poor maintenance of racetrack causing injury to rider: $750,000
      Filed: 9/02/08

      Leonard E. Belcher v. Bishop Burner Service
      Allegation: Non-payment of goods sold and delivered: $104,000
      Filed: 8/28/08

      NORTHAMPTON DISTRICT COURT

      Meade G. Burrows v. Pioneer Valley Roofing
      Allegation: Failure to fulfill terms of contract: $4,000
      Filed: 8/07/08

      PALMER DISTRICT COURT

      The Bell/Simons Companies v. Monson Heating
      Allegation: Non-payment of goods sold and delivered: $8,118.08
      Filed: 7/18/08

      SPRINGFIELD DISTRICT COURT

      Agar Supply Company v. Spark Fish and Steven Parrot
      Allegation: Non-payment on judgment: $17,298.10
      Filed: 8/04/08

      Christopher F. Fava v. Yellow Book USA Inc.
      Allegation: Breach of advertising contract: $24,860
      Filed: 8/13/08

      Stephen & Jeanne Kuchyt v. Sentry Fence
      Allegation: Breach of contract and deceptive business practices: $8,081
      Filed: 8/19/08

      WESTFIELD DISTRICT COURT

      Christine Impoco v. Hartley Brothers Landscaping Inc.
      Allegation: Breach of contract pertaining to drainage work: $5,145.88
      Filed: 7/15/08

      David Williams v. Allen Lawnmower Company
      Allegation: Plaintiff seeks damages caused by defendant: $2,000
      Filed: 7/18/08

      Sections Supplements
      The Matter of Personal Liability for Restaurant Debt

      Restaurants in Massachusetts can be organized to do business in many different corporate forms, including sole proprietorships, partnerships, corporations, and limited-liability companies. When restaurateurs choose to operate their business using a corporate form such as an LLC, it is often with the belief that, should the business fail to be profitable or close altogether, the owners will not be personally liable for the restaurant’s debts.

      Unfortunately, even if the restaurant is operated as a corporate entity, there are instances where the restaurant’s owners may be liable for debts incurred in the operation of their business. One frequently occurring example is when a restaurant’s owner signs a so-called ‘personal guarantee.’ Often, the personal guarantee is found on the last page of a form contract, lease, or credit application, and it is not completely read or understood by the person signing the document.

      In most instances, if the business defaults on its obligations, a personal guarantee contractually obligates its signor to pay from his or her own assets the obligations of the business to the creditor holding the personal guarantee. Frequently, personal guarantees are written so they do not require that the creditor initially look to business assets to satisfy the restaurant’s debt, but instead allow the creditor to immediately pursue the guarantor for payment.

      Complications may also arise where there is more than one principal or owner, and therefore more than one guarantor of the restaurant’s debt. Personal guarantees from multiple individuals generally allow a creditor to seek payment for the entire debt from any or all of the principals, and often do not require that the principals pay their proportional ‘share’ of the debt. Rather, the creditor may collect all of the outstanding debt from the guarantor they believe to be most solvent.

      Unless the restaurant is well-financed, or the principals have a proven track record of success in the industry, it is likely that lending institutions such as banks and institutional suppliers will seek personal guarantees from the restaurant’s principals. When faced with the possibility of signing a personal guarantee, there are a number of things restaurateurs should consider.

      • Decide if you really need this vendor or lender. Restaurateurs should initially determine whether there are other suppliers of this good or service that do not require a personal guarantee. If there are, an analysis of the competing providers should be conducted to determine whether the benefits provided by the entity requiring the personal guarantee outweigh the risks associated with personal liability. If the benefits do not outweigh the risks, or the benefits are marginal, it may be in the restaurateur’s interest to select a vendor that does not require a personal guarantee.
      • Read and understand the guarantee. If the analysis runs in favor of the supplier requiring the guarantee, restaurateurs should be certain to read and understand the terms and conditions of the guarantee. For example, among other things, it is important to understand whether the guarantee requires that the creditor initially look to corporate assets to satisfy the restaurant’s debt before seeking liability on the guarantee. Similarly, restaurateurs should also know whether they are guaranteeing the payment of the creditor’s attorneys’ fees and costs, should enforcement of the guarantee become necessary.
      • Try to negotiate the terms of the guarantee. If a potential supplier or creditor has a form personal guarantee in its agreement, restaurateurs should ask that the personal guarantee section be deleted from the agreement. Depending on the size of the supplier, its business requirements, and its perception of your business, some suppliers are willing to delete personal guarantees entirely in order to gain the restaurant’s business. Alternatively, if a supplier is not willing to delete the personal guarantee entirely, many suppliers are willing to negotiate the length and other conditions of the guarantee.
      • Ensure that all principals sign a personal guarantee. If there is more than one principal in the restaurant, and you are being asked to personally guarantee the restaurant’s debt, in most instances you should require that each principal of the restaurant sign a personal guarantee as a condition of your signature. This requirement, along with appropriate provisions in the restaurant’s operating agreement or bylaws, will ensure that all principals are equally liable for the debt and that each principal has recourse against the other in the event that a creditor seeks recovery on the personal guarantee from only one principal.
      • Place a homestead on your principal residence. While most commercial-lending institutions such as banks require physical collateral such as a mortgage on real property, most purveyors or suppliers do not. Since there is generally no mortgage securing the debt owed to the purveyor or supplier, Mass. General Laws may allow you to protect a substantial amount of equity in your principal residence. Placing a homestead on your principal residence will, in many instances, protect the equity you have in your home, even if you previously signed a personal guarantee.
      • Restaurateurs doing business as limited-liability entities, such as corporations or LLCs, should think long and hard before guaranteeing the debt of their business, because doing so effectively strips many of the protections afforded by those entities. Fortunately, if a restaurateur seeks advice from an attorney, accountant, or other professional knowledgeable in this area before signing a personal guarantee or any legal contract, he or she may be able to avoid many of the pitfalls which often accompany such guarantees.

        Mark A. Tanner is an attorney in the Northampton office of the law firm of Bacon Wilson, P.C. Prior to practicing law, he graduated from the Hotel, Restaurant and Travel Administration Program at UMass Amherst and the MBA program at the University of Colorado. He managed corporate restaurants for Houlihan’s and Ruby Tuesday in Massachusetts, New Jersey, and Colorado. Tanner currently advises numerous restaurateurs and other businesses in litigation and business planning matters. This article is provided for informational purposes only, does not constitute legal advice, and should not supplement independent legal advice.

        Departments

        The Big E Gets Under Way

        Through Sept. 28: The 2008 edition of The Big E in West Springfield will present more than $1.7 million in free entertainment, ticketed concerts featuring Natasha Bedingfield, Sugarland, and Fergie, as well as new exhibits, the Mardi Gras Parade, rides, crafts, food, animals, and the best of the old and new that fairgoers have come to expect and enjoy. Notable highlights throughout the fair will include: the Big E Super Circus, the Circus Museum, Sea Lion Splash, and the Harvest New England Kitchen Theater. The Big E’s roots are in agriculture, and that tradition continues by hosting competitions for prize-winning animals from across the country in the largest livestock show in the East. The Big E also offers a wide variety of outdoor and farm exhibits. Whether in Farm-A-Rama or along the Avenue of Agriculture, animal lovers will observe cows, pigs, sheep, llamas, a chick-hatching exhibit, and a rabbit exhibit, among many other animals. Another Big E tradition is the Avenue of States, where each New England state capitol is represented by a replica of the original. Each building contains the native foods, products, crafts, and tourist information of each state. Big E hours are 8 a.m. to 10 p.m. Storrowton Village Gift Shop and the Yankee Candle Shop are open 10 a.m. to 9 p.m. The Village Craft Area is open until 10 p.m. The North American Midway is open weekdays from 11 a.m. to 10 p.m., weekends from 10 a.m. to 11 p.m., and Sept. 28 from 10 a.m. to 9 p.m. The Avenue of States hours are 10 a.m. to 9 p.m. For tickets, show times and other detailed information, visit www.thebige.com.

        Dinner Forum on Love, Work, and Boundaries

        September 16: The UMass Amherst Family Business Center will host a dinner forum titled “Boundary Issues in Love and Work” from 5 to 8:30 p.m. at the Clarion Hotel & Conference Center in Northampton. Author Jane Adams will offer techniques and tools that can enable business owners to regulate their personal and professional relationships to get more of what they want and less of what they don’t in all their dealings with other family members, partners, friends, and colleagues. The evening will also feature a talk by Rick Giombetti and Paul Alves of Giombetti Associates titled “What It Takes To Be A Good Follower.” Their presentation will discuss how to recognize someone who can take your lead, pick up the ball and run, understand your vision, and make it real. For more information, call Ira Bryck, director of the Family Business Center, at (413) 545-1537, or E-mail [email protected].

        Bridge of Flowers Is 100

        Sept. 20: A Centennial Birthday Party is planned from 11 a.m. to 5 p.m. for the 1908 Trolley Bridge, best known as the Bridge of Flowers, in Shelburne Falls. The concrete arch bridge was constructed for the Shelburne Falls and Colrain Street Railway as a means for the electric street railway to cross the Deerfield River and connect with major steam railroads. The railway was used for almost 20 years before car and truck competition made electric operations unprofitable. After the last trolley crossed the bridge in November 1927, the rails were lifted, and a town decision was made to plant flowers on the bridge as a way to improve its aesthetics. During the birthday party, visitors may visit the site, as well as ride on Car Number Ten, the restored trolley that once ran across the Bridge of Flowers. For complete details on events throughout the day, visit www.sftm.org.

        Instinctive Leadership Series

        Sept. 23, Oct. 7, 28, Nov. 11, Dec. 9: Clear Vision Alliance presents an Instinctive Leadership Workshop Series beginning Sept. 23 at the Baystate Reference Labs Conference Center, 361 Whitney Ave., Holyoke. The topics for the series are: Sept. 23, “Instinctive Leadership Overview”; Oct. 7, “Relate”; Oct. 28, “Connect”; Nov. 11, “Inspire”; and Dec. 9, “Empower.” Throughout the series, participants will share their own childhood and parenting experiences and will discuss the skills and knowledge of good parenting and relate them to leadership skills that are needed at one’s workplace and in life in general. The cost for one workshop is $65 or $250 for the series. For more information on the series, call (413) 283-7091, or E-mail [email protected]. Space is limited, and early registration is advised.

        Ad Club Luncheon

        Sept. 24: New York City designer, editor and publisher Josh Rubin will present a lecture titled “Triad of Technology” during the 11:30 a.m. to 1:30 p.m. luncheon of the Ad Club of Western Mass. in Scibelli Hall at Springfield Technical Community College. Believing there are no new ideas, just great executions, Rubin will discuss “cool high-tech” information that anyone can act on in their everyday life. The cost is $25 for Ad Club members, $35 for non-members, and $15 for students. The deadline to register is Sept. 19. For more information, visit www.adclubwm.org.

        Dinner Lecture

        October 14: Author Joel Barker will present “You Can and Should Shape Your Own Future, Because If You Don’t, Someone Else Surely Will” from 5 to 9 p.m. at the Log Cabin Banquet & Meeting House in Holyoke. The dinner forum is hosted by the UMass Amherst Family Business Center. Barker will explain how to create ‘extreme’ partnerships to transform your company and product; how your senior leaders can continuously explore trends, innovations, and paradigm shifts; and how to better anticipate and deal with the effects of change. In addition to Barker’s presentation, an educational talk on how to be a savvier user of expert advisors will be presented by the law firm of Bulkley, Richardson and Gelinas LLP. For more information, call Ira Bryck, director of the Family Business Center, at (413) 545-1537, or E-mail [email protected].

        Departments

        State Regulators Deny Permit to Russell Biomass

        RUSSELL — The state Department of Public Utilities recently rejected plans for a 50-megawatt, $200 million wood-burning power plant, citing “significant, disrupting, and lasting” impacts on the town. Russell Biomass had requested that the department exempt the company’s proposed generating project from compliance with the town of Russell’s zoning requirements. To grant such an exemption, the department had to determine if the public benefits of the project would outweigh its local impacts. The department had found that the proposed facility would have clear public benefits. In particular, the proposed facility would have the potential to provide energy benefits for Massachusetts, in that development of the facility could: supply added renewable energy resources; help meet electricity demand in a manner that at least initially provides carbon-control benefits consistent with the state’s mandate to reduce emissions of greenhouse gases over time; contribute to maintaining the reliability of the bulk power system and potentially lower wholesale prices in some hours; and help provide a more diverse electricity supply, which may provide a measure of protection against possible fuel-supply disruption. The department also found that the proposed facility would come with significant local impacts. Primarily because Main Street in Russell is the sole means of vehicular access to the proposed facility, the project would have significant local traffic, traffic-safety, and noise impacts. Operation of the facility would require an average of 150 to 160, and up to 240, trips daily by tractor-trailer trucks delivering wood fuel, significantly increasing the size and volume of the vehicles that currently travel on Main Street, and significantly increasing noise above existing levels for a period of up to 11.5 hours each weekday. As a result, ease and safety of local residents’ access to their homes and to municipal services, including emergency services, could be compromised, and in some circumstances precluded. In addition, the existing character and aesthetic of the town and Main Street would be degraded. Department officials said they fully support the development of renewable energy resources in the Commonwealth, particularly those that have the potential to assist in reducing the carbon impact of Massachusetts power supply, and has acted in consideration of this viewpoint. The department notes that the project as currently proposed differs from the project originally approved by the town of Russell not only in the increased volume of daily truck traffic, but in the type of fuel to be used and in construction scheduling. The department added it is not denying the siting, construction, or operation of the proposed Russell Biomass facility. Instead, in weighing the public benefits of the proposed facility against local impacts, they concluded they could not approve the company’s request that the department provide an exemption from the local zoning bylaws of the town of Russell.

        Grant Ensures Continuation of TAP Program

        SPRINGFIELD — The Affiliated Chambers of Commerce of Greater Springfield (ACCGS) recently announced a $250,000 grant from the state to continue its Technical Assistance Program. TAP, as it’s called, provides funding to businesses that move into vacant storefronts in the city. In the three years since its inception, the ACCGS has assisted more than 100 businesses to move into vacant storefronts throughout the city, according to Russell Denver, president of the ACCGS. Denver noted that the program has proven itself to be a benefit to chamber members who are not located in Springfield, as many have been used for the services rendered in connection with the TAP grants. The businesses that are the recipients of the grants can choose the vendors they wish to contract with, and the vendor in turn is paid directly by the chamber. Denver said this program is a “win-win” for everyone involved. Businesspersons interested in more information about the TAP program should call the ACCGS at (413) 787-1555.

        State Foreclosure Deeds Push Past 2007 Level

        BOSTON — Foreclosure deeds in Massachusetts jumped 34% in July from a year ago but declined slightly from the prior month, according to a new report by the Warren Group, publisher of Banker & Tradesman. A total of 1,097 foreclosure deeds were filed in July, up from 819 in July 2007. July’s foreclosure deeds were 3% lower than June, when 1,131 deeds were recorded. Foreclosure activity has doubled so far this year, with 7,804 deeds filed through July 2008 compared to 3,902 during the same period in 2007. The number of foreclosure deeds from January through July has already exceeded the total number recorded for all of 2007, when there were 7,653 deeds. The most foreclosure deeds in July were recorded in Worcester with 68; Springfield, 61; Brockton, 46; Dorchester, 46; and Lynn, 46. Petitions to foreclose, which is the first step in the foreclosure process, rose 43.4% to 502 in July from 350 in June. But petitions to foreclose fell 79.8% from July 2007, when lenders filed 2,485 foreclosure petitions. The sharp dropoff is connected to a law that took effect in May that requires lenders intending to foreclose to give borrowers 90 days to pay off loan defaults. Auction announcements in July climbed 5% to 1,354 from 1,289 a year earlier. Year-to-date auction announcements jumped 34.7% to 11,932 from 8,859.

        GDF SUEZ Acquires FirstLight Power Enterprises

        HOLYOKE — GDF SUEZ Energy International, through its North American subsidiary, recently announced the signing of an agreement to acquire FirstLight Power Enterprises Inc. FirstLight owns and operates a unique portfolio of 15 power-generation plants — primarily pumped storage and traditional hydro facilities — and has a state-of-the-art natural-gas-peaking facility under construction. Together, these 16 facilities — including the Mount Tom Station on Route 5 near Northampton — have a combined capacity of 1,538 MW located in Massachusetts and Connecticut. Dirk Beeuwsaert, CEO of GDF SUEZ, noted in a press statement that the acquisition of FirstLight solidifies the company’s presence in a sizable and growing electricity and gas market. New England, with a population of 14 million and 31,000 MW of electric-generation capacity, is a core market for GDF SUEZ in North America, added Beeuwsaert. The company currently owns six renewable and natural-gas-fired power generation assets in the region; it sells electricity to large commercial and industrial customers and natural gas to nearly every gas utility in New England through its liquefied natural gas business. GDF SUEZ has not indicated how much it offered to purchase FirstLight.

        Major Retailers See Sales Drop

        NEW YORK — Several major retailers including JCPenney, Kohl’s, and American Eagle Outfitters, posted lower August sales on weaker back-to-school spending, but the declines were not as dire as Wall Street investors had feared. In contrast, Costco’s sales rose 9% due to bargains on gasoline and food, although that increase was weaker than expected. JCPenney officials also expect sales in September to fall in the mid- to high single digits, compared with 2007’s 3.7% decline. Kohl’s, which reported a 5.8% decline in August sales, said its stores continued to experience weakness in southern and southwest states. At American Eagle, sales fell 5%, hurt by continued weakness in its young women’s business.

        Departments

        The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

        CHICOPEE DISTRICT COURT

        Krissy Lemke v. Photo Memories
        Allegation: Breach of contract for photo services: $2,000
        Filed: 8/12/08

        Peter Jeffrey Curtin v. HSBC Retail Services Inc. & HSBC Bank Nevada, N.A.
        Allegation: Breach of contract, violation of Fair Debt Collection Practices Act: $10,000
        Filed: 7/22/08

        Tony’s Auto Repair v. G. Tech Systems Communications Inc.
        Allegation: Non-payment of goods and services rendered: $2,000
        Filed: 7/29/08

        FRANKLIN SUPERIOR COURT

        Alan Stone v. HSIA, LLC d/b/a Seven O’s
        Allegation: Dram shop negligence causing personal injury: $23,311
        Filed: 8/25/08

        GREENFIELD DISTRICT COURT

        Edward Dorshow & Lynne Mclandsborough v. Ford Motor Co.
        Allegation: Breach of contract: $27,663.23
        Filed: 8/14/08

        HAMPDEN SUPERIOR COURT

        A.J. Virgilio Construction Inc. v. Kowal General Contracting
        Allegation: Improper roof installment causing damages: $50,000
        Filed: 8/06/08

        All Points Capital Corp. v. G.W. Transport Inc.
        Allegation: Breach of equipment financing agreement: $44,540.96
        Filed: 7/23/08

        Amos Umezuruike v. Wal-Mart Stores, East
        Allegation: Employment discrimination: $1,300,000
        Filed: 7/28/08

        Holyoke Mall Company LP v. Sadie’s LLC
        Allegation: Defendant defaulted on written lease: $1,469,146.56
        Filed: 7/29/08

        JoAnna Strange v. Isac L. Bloch M.D. & E.N.T. Of Western New England, LLC
        Allegation: Removal of excess cartilage resulting in deformity: $500,000
        Filed: 8/11/08

        Luis Garcia v. Mass. State Lottery Commission
        Allegation: Employment discrimination: 760,000
        Filed: 7/27/08

        Luther Alexander v. Commerce Insurance
        Allegation: Failure to make reasonable offer of settlement: $17,083.57
        Filed: 7/11/08

        Mary Lou Sanborn v. Edward W. Drew, Electrician
        Allegation: Balance due for goods sold and delivered: $34,906.09
        Filed: 8/22/08

        Maura A. Halloran v. Alla Z. Chesky M.D. et al.
        Allegation: Medical malpractice: $200,000
        Filed: 7/24/08

        Pioneer Valley Concrete Services v. Norman B. Keddy Construction Co.
        Allegation: Failure to pay for labor and materials on three construction projects: $45,235.10
        Filed: 7/16/08

        Rosemary Pagios v. NK First Corp. & Nadim Kashouh
        Allegation: Breach of a commercial lease: $35,000
        Filed: 7/25/08

        TD Banknorth N.A. v. Tremblay Electric
        Allegation: Default on promissory note: $66,634.90
        Filed: 7/16/08

        Wells Fargo Equipment v. G.W. Transport Inc.
        Allegation: Breach of contract: $90,360.24
        Filed: 8/01/08

        HAMPSHIRE SUPERIOR COURT

        Grefory & Sylvia Zakrzewski v. Extreme Marine
        Allegation: Misrepresentation in sale of boat: $25,000.00
        Filed: 8/15/08

        HOLYOKE DISTRICT COURT

        Fed Ex Ground Inc. v. Real Fragrances
        Allegation: Breach of contract and non-payment of goods sold and delivered: $5,923.88
        Filed: 7/14/08

        John Ferriter v. R.C.R. Enterprises Inc.
        Allegation: Bounced check and legal fees: $7,250; Filed: 8/08/08

        NORTHAMPTON DISTRICT COURT

        Dr. Peter G. Dayton v. Overlook Industries Inc.
        Allegation: Failure to pay on promissory note: $15,000; Filed: 8/18/08

        F.W. Webb Company v. Salvatore’s Plumbing & Heating
        Allegation: Non-payment of goods sold and delivered: $7,438.52; Filed: 7/09/08

        Ravenwood Greenhouses v. Laflammes’s Garden Center Inc. & Auctioneer Phil Jacquier Inc.
        Allegation: Negligently failed to ensure that successful bid was honored: $16,000
        Filed: 7/14/08

        PALMER DISTRICT COURT

        EMSL Analytical Inc. v. All Clean Mold Service
        Allegation: Non-payment of goods sold and delivered: $2,450.81
        Filed: 7-28-08

        Gilbert & Son Insulation Inc. v. Metro Builders
        Allegation: Non-payment of insulation services rendered: $2,506.19; Filed: 7/18/08

        The Bell/Simons Company v. Reliable Heating & Air Conditioning Inc.
        Allegation: Non-payment of services rendered: $6,257.52; Filed: 7/18/08

        SPRINGFIELD DISTRICT COURT

        Biermann Services Inc. v. ARA Convenience
        Allegation: Non-payment of goods sold and delivered: $23,844.60; Filed: 5/23/08

        Comdata Network Inc. v. A & A Transport Logistics
        Allegation: Non-payment of services rendered: $10,002.12; Filed: 5/08/08

        Gilbert & Son Insulation Inc. v. McElligott Construction, LLC
        Allegation: Non-payment for insulation services: $12,484.84; Filed: 5/21/08

        J.D. Contracting Inc. v. Newfield Construction Inc.
        Allegation: Breach of contract and money damages: $6,434; Filed: 8/15/08

        Mary Lou Sanborn v. Portelada Electric Inc.
        Allegation: Non-payment on account: $13,402.88
        Filed: 5/27/08

        Moriarty & Primack, P.C. v. Dorchester Industries Inc.
        Allegation: Non-payment for tax return services: $3,659.53
        Filed: 8/03/08

        Tyler Enterprises v. Grandview Farms Inc.
        Allegation: Non-payment of goods sold and delivered: $8,914.53
        Filed: 8/08/08

        United Rentals Inc. v. Heller & Smith Corp.
        Allegation: Non-payment of materials, equipment, and services for various construction projects: $34,105.83
        Filed: 5/08/08

        WESTFIELD DISTRICT COURT

        Clark Paint & Varnish Co. v. Gerry’s Painting
        Allegation: Non-payment of goods: $1,292.02
        Filed: 8/04/08

        Ivey Industries Inc. v. New England Equipment Repair, LLC
        Allegation: Non-payment on rental, lease, and purchase of equipment: $2,000
        Filed: 8/01/08

        Departments

        ACCGS Breakfast Club

        Sept. 3: The Affiliated Chambers of Commerce of Greater Springfield will conduct its first Breakfast Club for the 2008-09 season at 7:15 a.m. at the Log Cabin Banquet and Meeting House, 500 Easthampton Road, Holyoke. William M. Pepin, vice president and general manager of WWLP TV22, will present “Digital Television Transition and How It Will Affect You and Your Business.” Additionally, Allan W. Blair, president and CEO of the Economic Development Council of Western Mass., will present an “Economic Snapshot Look at the Regional Economy.” For reservations and more information, call Diane Swanson, events manager, at (413) 755-1313, or via E-mail at [email protected].

        WP Program

        Sept. 10: Speaker Sasha ZeBryk will present “3 Wicked Ways to Win Over an Audience” from 11:30 a.m. to 1:15 p.m. at the Clarion Hotel in West Springfield, sponsored by the Women’s Partnership, an affiliate of the Greater Springfield Chamber of Commerce. The event is open to the public with advance registration required. The cost is $25. For reservations and more information, call Diane Swanson, events manager, at (413) 755-1313, or via E-mail at [email protected].

        Book Signing, Free Power-coaching Sessions

        Sept. 10: Certified Guerrilla Marketing Coach J. Sheldon Snodgrass, MBA, one of the featured authors in the new book, Guerrilla Marketing on the Front Lines: 35 World Class Strategies to Send Your Profits Soaring, will be signing books and explaining how local business owners can apply the same low-cost methods presented in the book to overcome their most vexing marketing challenges. Sheldon will lead free, 45-minute power-coaching sessions at the Northampton Chamber of Commerce office for eight businesses at a time, from 9 to 11 a.m., and again from 3 to 5 p.m. For more information, call Snodgrass at (413) 244-2294.

        Big E

        Sept. 12-28: The 2008 edition of The Big E in West Springfield will present more than $1.7 million in free entertainment; ticketed concerts featuring Natasha Bedingfield, Sugarland, and Fergie; as well as new exhibits, the Mardi Gras Parade, rides, crafts, tantalizing treats, animals, and the best of the old and new that fairgoers have come to expect and enjoy. The Fair opens Sept. 12, honoring the men and women of the armed services with Military Appreciation Day. All military personnel, immediate families, and veterans with ID will be admitted free on opening day. Notable highlights throughout the fair will include: the Big E Super Circus, the Circus Museum, Sea Lion Splash, and the Harvest New England Kitchen Theater. Also, Cultura 2008, planned on Sept. 14, is a day dedicated to celebrating the many aspects of Hispanic culture, from food and art to music and dance. Musical performances by Latin artists will take place throughout the day at the Food Court. Salsa lessons and dance demonstrations will also be presented. Of course, the Big E’s roots are in agriculture, and that tradition continues by hosting competitions for prize-winning animals from across the country in the largest livestock show in the East. From milking cows to picking pumpkins, the Big E offers a wide variety of farm and outdoor exhibits. Whether in Farm-A-Rama or along the Avenue of Agriculture, animal lovers will observe cows, pigs, sheep, llamas, a chick-hatching exhibit, and a rabbit exhibit, among many other animals. Another Big E tradition is the Avenue of States, where each New England state capitol is represented by a replica of the original. Each building contains the native foods, products, crafts, and tourist information of each state. Big E hours are 8 a.m. to 10 p.m. Storrowton Village Gift Shop and the Yankee Candle Shop are open 10 a.m. to 9 p.m. The Village Craft Area is open until 10 p.m. The North American Midway is open weekdays from 11 a.m. to 10 p.m., weekends from 10 a.m. to 11 p.m., and Sept. 28 from 10 a.m. to 9 p.m. The Avenue of States hours are 10 a.m. to 9 p.m. For tickets, show times, and other information, visit www.thebige.com.

        Dinner Forum

        Sept. 16: The UMass Amherst Family Business Center will host a dinner forum titled “Boundary Issues in Love and Work” from 5 to 8:30 p.m. at the Clarion Hotel & Conference Center in Northampton. Author Jane Adams will offer techniques and tools that can enable business owners to regulate their personal and professional relationships to get more of what they want and less of what they don’t in all their dealings with other family members, partners, friends, and colleagues. The evening will also feature a talk by Rick Giombetti and Paul Alves of Giombetti Associates titled “What It Takes to Be a Good Follower.” Their presentation will discuss how to recognize someone who can take your lead, pick up the ball and run, understand your vision, and make it real. For more information, call Ira Bryck, director of the Family Business Center, at (413) 545-1537, or E-mail [email protected].

        Instinctive Leadership Series

        Sept. 23, Oct. 7, 28, Nov. 11, Dec. 9: Clear Vision Alliance presents an Instinctive Leadership Workshop Series beginning Sept. 23 at the Baystate Reference Labs Conference Center, 361 Whitney Ave., Holyoke. The topics for the series are: Sept. 23, “Instinctive Leadership Overview”; Oct. 7, “Relate”; Oct. 28, “Connect”; Nov. 11, “Inspire”; and Dec. 9, “Empower.” Throughout the series, participants will share their own childhood and parenting experiences and will discuss the skills and knowledge of good parenting and relate them to leadership skills that are needed at one’s workplace and in life in general. The cost for one workshop is $65 or $250 for the entire series. For more information, call (413) 283-7091, or E-mail [email protected]. Space is limited and early registration is advised.

        Step-Up-for-Kids Day

        Sept. 16: Every Child Matters Education Fund (ECMEF), a nonprofit, non-partisan organization based in Washington, D.C, whose mission is to make children a national political priority, is working to organize a Step-Up-For-Kids event on the capitol steps of all 50 states on Sept. 16. HCS Head Start Inc. will coordinate a Greater Springfield Step-Up-For-Kids event scheduled for that date on the steps of Springfield City Hall. This event will bring people together in the Greater Springfield area to show widespread public support for new investments in children and families. The desired outcomes of Step-Up-for-Kids Day are to raise public awareness of the needs of children in the Greater Springfield area and across the country and to make children a priority. For more information, call (413) 788-6522; [email protected].

        Dinner Lecture

        October 14: Author Joel Barker will present “You Can and Should Shape Your Own Future, Because If You Don’t, Someone Else Surely Will” from 5 to 9 p.m. at the Log Cabin Banquet & Meeting House in Holyoke. The dinner forum is hosted by the UMass Amherst Family Business Center. Barker will explain how to create extreme partnerships to transform your company and product; how senior leaders can continuously explore trends, innovations, and paradigm shifts; and how to better anticipate and deal with the effects of change. In addition to Barker’s presentation, the law firm of Bulkley, Richardson and Gelinas LLP will present an educational talk on how to be a savvier user of expert advisers. For more information, call Ira Bryck, director of the Family Business Center, at (413) 545-1537, or E-mail [email protected].

        Departments

        The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

        CHICOPEE DISTRICT COURT

        United Rentals Inc. v. Titan Roofing Inc.
        Allegation: Breach of contract, unjust enrichment, and negligence: $7,924.80
        Filed: 7/24/08

        HAMPDEN SUPERIOR COURT

        Advance Foam Recycling v. Advance Wire Solutions & Equipment
        Allegation: Non-payment of judgment rendered: $50,685
        Filed: 7/11/08

        Charles Winston v. Commerce Insurance Co.
        Allegation: Breach of insurance contract: $43,000
        Filed: 7/15/08

        Heather Carpenter v. Francis Cannizzo, M.D.
        Allegation: Medical malpractice: 180,000+
        Filed: 7/10/08
        Jeane Raudensky v. JGS Family Medical Care
        Allegation: Medical malpractice: $104,423+
        Filed: 7/09/08

        Jeanette Rivera v. Chrysler LLC & Hampden Dodge Inc.
        Allegation: Breach of contract and violation of consumer protection act: $17,000
        Filed: 7/11/08

        NAPA Auto Parts v. Midas-Ludlow
        Allegation: Non-payment of goods sold and delivered: $124,720.22
        Filed: 7/11/08

        William Moran v. City of Holyoke, Holyoke Fire Department, and David Lafond
        Allegation: Discrimination: 100,000
        Filed: 7/11/08

        HOLYOKE DISTRICT COURT

        Elizabeth Tap v. Holyoke Medical Center Inc.
        Allegation: Negligence in leaving patient unattended in wheelchair while waiting for transportation, causing injury: $11,493.87
        Filed: 7/16/08

        NORTHAMPTON DISTRICT COURT

        Toshiba America Information Systems Inc. v. Superior Mechanical Contractors Inc.
        Allegation: Breach of equipment-lease agreement: $4,481.24
        Filed: 7/22/08

        Zap Electric Inc. v. Valley Home Improvement Inc.
        Allegation: Non-payment of electric services rendered: $4,484.49
        Filed: 7/31/08

        PALMER DISTRICT COURT

        A & A Transport v. Nieroda Transport Inc.
        Allegation: Damages stemming from defendant’s conversion of plaintiff’s trailer: $14,278.42
        Filed: 6/27/08

        Northwave America v. Ski In Inc.
        Allegation: Non-payment of goods sold and delivered: $8,611.44
        Filed: 7/16/08

        SPRINGFIELD DISTRICT COURT

        Autoline Marketing Group, LLC v. Sarat Ford
        Allegation: Breach of contract: $2,659.88
        Filed: 5/08/08

        Integrated Illumination Systems Inc. v. Ledlight Illuminated Signs, LLC
        Allegation: Non-payment of goods sold and delivered: $9,964.44
        Filed: 7/23/08

        Michael St. Andre v. Commerce Insurance Co.
        Allegation: Breach of insurance contract: $18,000
        Filed: 5/07/08

        Royal Harvest Foods v. Wellshire Farms Inc.
        Allegation: Non-payment of services rendered: $8,353.97
        Filed: 5/08/08

        Springfield Chiropractic Sports Rehab Center, LLP v. Premiere Insurance Co. of Mass.
        Allegation: Failure to pay personal injury protection: $4,207
        Filed: 5/08/08

        United Rentals Inc. v. the Coastline Co. Inc.
        Allegation: Non-payment of materials, equipment, and services for various construction projects: $5,216.04
        Filed: 5/08/08

        Departments

        Witalisz & Associates Inc. of Westfield announced the following:
        • Bernadette Bain joins the firm as a Realtor/Consultant;
        • Grace Sullivan joins the firm as a Broker/Realtor, and
        • Barbara Petrucelli joins the firm as a Broker/Realtor.

        •••••

        Gary Gray has joined Morgan Stanley’s Global Wealth Management Group in Springfield as a Financial Advisor.

        •••••

        Suzanne Cappella of Holyoke and Patricia Bray of Monson have received top honors in lia sophia’s Excellent Beginnings Program Achievers program for outstanding sales accomplishments and professionalism.

        •••••

        April M. Beston has been promoted to Branch Manager for Berkshire Bank’s Ludlow branch on Center Street. Beston is responsible for branch sales and operations, new business development, and educating customers on products and services offered by the bank.

        •••••

        Lisa Patenaude has been named Partner at Meyers Brothers Kalicka in Holyoke. In addition to her work in the Health Care Services Division, she also works with clients in the manufacturing, real-estate, retail, construction, and personal-service industries.

        •••••

        Dr. David I. Peck attended the fourth annual International Assoc. of Comprehensive Aesthetics (IACA) conference recently in Orlando. Peck’s aesthetic dental case was recognized at the IACA for case success and was chosen by the Aesthetic Eye of the IACA to be displayed at the conference.

        •••••

        Berkshire Bank of Pittsfield announced the following:
        • Eliot Chartrand has joined the bank as a Mortgage Originator and will work out of the Memorial Drive office in Chicopee, and
        • Michael A. Mirski has been promoted to Vice President and Regional Branch Manager for the Pioneer Valley region. Mirski will be located at the bank’s Court Street, Westfield location.

        •••••

        Bryarly C. Lehmann of Bryarly Consulting LLC has been certified as an owner’s project manager by the Massachusetts School Building Authority after completing the authority’s certification process this June. Lehmann is certified to manage, in accordance with the law, all aspects of school-building renovations and new construction for an owner within the Commonwealth of Massachusetts as funded by the MSBA.

        •••••

        As part of its expansion into contract surety bonding to local construction firms, the FieldEddy Insurance network has hired Bruce Wilson as Account Executive.

        •••••

        Dr. Sean Dacus joins South Deerfield Family Practice and certified family nurse practitioner Gail Blanchard in providing primary-care medicine for infants through seniors.

        •••••

        Florence Savings Bank announced the following:
        • Kimberly L. Baker has been named Assistant Vice President, Commercial Loan Administration Officer;
        • Douglas B. Baker has been elected Vice President and Branch Manager of the Williamsburg branch;
        • Toby L. Daniels has been elected Vice President and Branch Manager of the Hadley branch;
        • Sandra P. Smith has been elected Vice President and Branch Manager of the downtown Northampton branch;
        • Beth M. Carr has been elected Vice President of Operations, and
        • Thomas G. Conner has been elected Vice President and Branch Manager for the Easthampton branch.

        •••••

        Peg McDonough has joined Bank of America as a Reverse Mortgage Equity Loan Officer for Hampden, Hampshire, Franklin, and Berkshire counties. McDonough will specialize in educating seniors on the benefits of a reverse mortgage and help determine if it’s the right financial tool to meet their individual needs.

        •••••

        New Alliance Bank announced the following:
        • Brandon E. Braxton has joined the firm as a Vice President in the bank’s business-banking unit, and will work out of the Park Avenue, West Springfield office, and
        • David A. Chase has joined the firm as a Vice President in the bank’s business unit, also working out of the West Springfield office.

        •••••

        Michelle N. Theroux has been appointed Vice President of Clinical Services for the Center for Human Development.

        •••••

        Dr. John Tsongalis has joined Northampton Family Practice. He provides primary and preventative care to family members of all ages, from newborns to adults.

        •••••

        Jeffrey J. Trant has been named Director of Lighthouse. Trant will be responsible for the operational and strategic management of the program, as well as the promotion of strength-based recovery practices.

        •••••

        Dr. Steven Weinsier, a cardiologist with specialized training in peripheral vascular disease and coronary interventions, has joined Cooley Dickinson Hospital’s medical staff and Northampton Cardiology Associates.

        •••••

        Grace L. Smith has joined Webster Bank as a Residential Mortgage Officer serving the Greater Springfield market.

        •••••

        The National Assoc. of Workforce Development Professionals announced the election of Keith Hensley, Executive Director of Workforce and Economic Development at Holyoke Community College, to its board of directors.

        •••••

        Lisa Christie has been honored for her client service excellence in her work at the branch office of Norm Stafford in South Hadley.

        •••••

        The Scuderi Group of West Springfield has named Bill Wrinn as Director of the company’s global marketing and communications initiatives. Wrinn is responsible for building awareness of the Scuderi Group and the company’s Air-Hybrid Engine to the automobile industry and the investment and business communities worldwide.

        •••••

        Human Resources Unlimited of Springfield has appointed Aimee Bell as Transportation Manager. Bell is a National Safety Council Defensive Driving certified instructor.

        •••••

        Jennifer DeMoe has joined the staff of United Bank as Vice President of Finance.

        •••••

        The Mass. Supreme Judicial Court appointed Jacqueline E. Farrow to a five-year term on the Board of Directors of the Massachusetts Legal Assistance Corp. Farrow is employed by the Stavros Center for Independent Living, where she serves on the Advocacy Committee.

        •••••

        Gerri Hedblom has joined Park Square Realty’s Westfield office as a Sales Associate. Hedblom has more than five years experience in the local real-estate market, specializing in residential listings and sales.

        •••••

        PeoplesBank has announced that Janice Mazzallo, Senior Vice President, Human Resources, has graduated with honors from the American Bankers Association’s National School of Banking at Fairfield University.

        •••••

        Thomas M. Cleary Jr., D.D.S., has joined the dental practice of Thomas M. Cleary, D.M.D., of Easthampton.

        •••••

        Michael and Traci Connors, owners of Sir Speedy at 1441 Main St., Springfield, announced they were recently honored with a Sir Speedy Century Club Award for the second consecutive year. The award recognizes Sir Speedy’s top 100 centers by sales, placing Sir Speedy of Springfield in an elite group of franchises represented worldwide.

        •••••

        Jewish Geriatric Services announced the following:
        • Laurie Lipscomb Alves, RN, Assistant Director of Nursing, was awarded Wound Care Certification granted by the National Alliance of Wound Care;
        • Donna Campbell has been honored as a 2008 Massachusetts Long Term Care Foundation Scholarship recipient;
        • Gina Francis-Wilson has been honored as a 2008 Massachusetts Long Term Care Foundation Scholarship recipient;
        • Diana Thamage-Kibodya has been appointed Resident Service Coordinator at Genesis House – Housing for Independent Seniors, and
        • Moira Chiusano will serve as a Social Worker at the Wernick Adult Day Health Care Center.

        •••••

        Franklin County Home Care has named Terrie Edson, R.N., as its Program Director of the Men’s Health Partnership and Women’s Health Network.

        •••••

        Lisa K. Reilly, APR, Assistant Vice President of Advertising and Public Relations for the Retirement Services Division of MassMutual Financial Group in Springfield, has completed the Examination for Accreditation in Public Relations, allowing her to use the APR professional designation.

        •••••

        Neurosurgeon Dr. Robert Schapiro has joined Baystate Neurology in Springfield. He specializes in the treatment of tumors, spine and pediatric neurosurgery.

        •••••

        Heather Johnson has earned membership with the National Association for College Admission Counseling. She is an educational consultant specializing in boarding school and college guidance. She is a professional member of the Independent Educational Consultants Association and a member of the New England Association of College Admission Counselors.

        •••••

        Primary care physician Dr. Ritika Bhatt has joined Baystate Medical Practices in Springfield.

        Sections Supplements
        The Effect of E-mail Communication on Attorney-client Privilege

        There is no doubt that we are all more technologically advanced than ever. What used to be just a cell phone is now our phone, a camera, and it plays music. We are able to communicate with each other electronically 24 hours a day, and some of us have created relationships with others whom we have never met, having only communicated through E-mail, chat rooms, or social-networking sites such as MySpace, Facebook, or LinkedIn.

        What we don’t consider is how these advanced means of communication may be creating a trail that we do not want to be followed.

        Attorneys are always mindful of the attorney-client privilege. A prudent practitioner will take tremendous steps to see that communications between their client and themselves do not fall outside of that privilege. We instruct our clients as to the importance of the privilege and to take steps to insure that no one is privy to the communications so that the privilege may be lost.

        What some may not realize, though, is that they may be losing this privilege via the use of E-mail or other forms of electronic communication. A question arises: when a client communicates with his attorney via E-mail, is this communication still protected by attorney-client privilege?

        This issue that has yet to be addressed by the Appeals Court or the Supreme Judicial Court in the Commonwealth of Massachusetts, but it has begun to be addressed by courts in other jurisdictions. Notably, courts in the state of Tennessee in the case of Hazard v. Hazard stated that when one of the parties sent a letter to their attorney through the family computer, this communication was not protected by the attorney-client privilege. The court in the Hazard case reasoned that, because others had access to the computer, it was as if the husband was talking to his attorney with his wife in the room.

        In addition to the ruling in the Hazard case, other jurisdictions have held that there is no expectation of privacy on the family computer even if you are able to ‘password protect’ your communications. The consensus of other jurisdictions on this issue is that if others have access to the computer, anything that you do on this computer is fair game.

        This is not the first time that courts have determined that communications one might think are privileged are actually not safe from disclosure in the future. The issue arose previously when dealing with E-mail communications between a husband and wife.

        In Massachusetts, there is a doctrine known as spousal disqualification. This represents the proposition that communications between a husband and wife are private and cannot be disclosed to others by either spouse. (Note: There are exceptions to this rule that are not detailed here because they are not relevant to this discussion.)

        Courts in Massachusetts have held that this disqualification does not pertain to E-mails that are exchanged between the parties. The courts have reasoned that once the communication is put into writing, it is no longer to be considered subject to the disqualification. This may be somewhat disheartening to those who consistently use E-mail as a substitute for verbal communication and may now be faced with the prospect of being confronted with statements that would not otherwise be admissible, but now are because they have been reduced to writing.

        How can you prevent losing the privilege as it relates to either attorney-client or spousal communications? Here are some simple tips:

        • If you must send something electronically, use a computer that cannot be accessed by anyone else. Don’t use the family computer, and don’t use your work computer. If the computer used is yours alone, you can expect whatever is sent from it to be private.
        • Think before you write. Resist the temptation to send your spouse a scathing E-mail message or to engage in any other inappropriate language. A simple rule to follow is to assume that whatever you send may be read by someone else, such as a judge.
        • Don’t communicate electronically when you can do it verbally. We all fall victim to the ease of E-mail, but as noted above, this can create a trail that you might otherwise wish did not exist.
        • Technology has made all of our lives more convenient in many ways, and it has allowed us to communicate in ways some may never have thought possible. But as we have seen, it can create pitfalls that we all may want to avoid.

          Michael J. Grilli is an associate with the Springfield-based law firm of Bacon Wilson, P.C. His areas of expertise include divorce/family law, personal bankruptcy, and residential real estate; (413) 781-0560;[email protected]

          Departments

          The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

          CHICOPEE DISTRICT COURT

          Titan Roofing Inc. v. Monaco Restorations Inc. & Paul Monaco
          Allegation: Non-payment of goods and services rendered: $5,000
          Filed: 7/03/08

          FRANKLIN SUPERIOR COURT

          Denis Menard v. Town of Greenfield
          Allegation: Breach of contract and failure to pay police officer benefits: $125,000

          Jeffrey Hoyt v. First Light Power Resources Inc.
          Allegation: Improper wiring of equipment causing electrocution: $273,000+
          Filed: $6/26/08

          GREENFIELD DISTRICT COURT

          James J. Sawicki v. Commonwealth Construction
          Allegation: Breach of contract for home repairs: $4,365
          Filed: 6/20/08

          HAMPDEN SUPERIOR COURT

          Bobby-Jo Murray v. American International College
          Allegation: Breach of contract, negligent misrepresentation, fraud, and deceit occurring when defendant expelled Murray: $45,000
          Filed: 6/11/08

          Celly Jonocha v. Transportation Advisor Inc.
          Allegation: Employment discrimination: $25,000+
          Filed: 6/13/08

          Christopher and Elizabeth Comey v. Landmark Inc.
          Allegation: Breach of contract and warranties in sale and installation of swimming pool: $35,000
          Filed: 6/30/08

          Mary Lou Sanborn v. D & S Construction, LTD
          Allegation: Non-payment of merchandise sold and delivered: $26,216.06
          Filed: 6/12/08

          Quality Machine Solutions Inc. v. Hyundai-Kia Machine America Corporation
          Allegation: Breach of contract: $1,000,000
          Filed: 6/09/08

          United Steel Inc. v. Celestial Praise Church of God Inc.
          Allegation: Breach of contract, unjust enrichment, and failure to pay for design services and custom steel fabrications: $205,000
          Filed: 6/06/08

          HAMPSHIRE SUPERIOR COURT

          M.A. Alexander Inc. v. Medical Specialties Group LLC
          Allegation: Breach of business purchase-and-sale agreement: $46,000
          Filed: 6/24/08

          NORTHAMPTON DISTRICT COURT

          Larry Giambrone v. The Donut Man
          Allegation: Negligent maintenance causing slip and fall: $14,199.92
          Filed: 6/12/08

          PALMER DISTRICT COURT

          Verizon New England Inc. v. Caracas Construction Corp.
          Allegation: Negligent performance of excavation causing damage: $15,408.54
          Filed: 6/15/08

          SPRINGFIELD DISTRICT COURT

          Bobcat of CT Inc. v. Northeast Timber Company
          Allegation: Non-payment of rental agreement: $12,127.50
          Filed: 3/28/05

          Bradco Supply Company v. Atlas Roofing & Skylight Company
          Allegation: Non-payment of goods sold and delivered: $5,034.09
          Filed: 3/18/08

          Eastern Lumber & Millwork Inc. v. Siller Home Improvement
          Allegation: Non-payment of goods sold and delivered: $8,146.96
          Filed: 4/30/08

          Michael Sarkis v. John Mastronardi & Sons
          Allegation: Breach of contract to remove and replace driveway: $20,000
          Filed: 7/03/08

          North Pacific Group Inc. v. Home Lumber Company Inc.
          Allegation: Non-payment of merchandise sold and delivered: $20,524.68
          Filed: 3/28/08

          Ivey Industries Inc. v. Jay’s Welding & Steel Fabrication
          Allegation: Non-payment of goods sold and delivered: $8,460.34
          Filed: 6/19/08

          United Refrigeration Inc. v. E.P. Letendre Inc.
          Allegation: Non-payment of merchandise sold and delivered: $4,089.14
          Filed: 3/31/08

          United Rentals Inc. v. American Pile Driving & Construction Corp.
          Allegation: Non-payment of materials, equipment, and services for various construction projects: $49,616.31
          Filed: 3/25/08

          U.S.A. Hauling & Recycling Inc. v. Affordable Waste Management
          Allegation: Breach of contract for waste removal services: $28,176.81
          Filed: 3/17/08

          W.B. Mason Inc. v. Advanced Back & Neck Center of Massachusetts, P.C.
          Allegation: Non-payment of goods sold and delivered: $4,646.64
          Filed: 5/28/08

          WESTFIELD DISTRICT COURT

          Barbara A. Fontaine v. Friendly Ice Cream Corp.
          Allegation: Slip and fall: $20,000
          Filed: 6/18/08