Thursday, March 11, 2010

Mayor Bowers is Right

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Our nation, our commonwealth and our local governments are facing a financial crisis unlike any seen since the Great Depression that most of us only know from history books or (as in my case) stories told by our parents. Budgets aren’t only being cut, they’re being mangled. And in Virginia, it’s those who can least afford any cuts that are being crucified the most – which makes sense if you understand that Virginia Hates the Poor.

But the cuts go further than hurting the poor. Our schools are being forced to close, fire teachers and increase class sizes to ridiculous levels and cancel programs, many of which are geared to increasing the abilities of the disadvantaged (i.e. poor) so they can compete in the job world.

The most interesting and best comment I’ve seen to date comes from Roanoke Mayor David Bowers.  I’ve known David for over 40 years – since Patrick Henry High School days and regularly give him grief. Here he’s dead on and deserves credit for what he said.

The Roanoke Times http://www.roanoke.com/news/breaking/wb/239512 today reported the following:

Bowers said that when every locality faces budget problems, it becomes a state issue and one that should be addressed by the governor and General Assembly. He said a failure to do so would be on par with Massive Resistance – the push by state officials in the 1950s to resist federally enforced integration of public schools.

“It was the wrong decision then and we paid for it over the years,” Bowers said. “I submit to you, ladies and gentlemen, this is a massive resistance in our time. This is a reckless adherence to ideology by our governor and by our General Assembly in the face of reality and dire consequences and the crisis for Virginia schools.”


Ideology that continues the “Car Tax Relief” abomination instead of providing money to go to the schools.

Right on, David. 
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Friday, January 22, 2010

Judge Hart's Rule: Don't Get Mad, Get Even

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In my last entry I mentioned my Grand Uncle, the Hon. John M. Hart, also known as "Judge Hart" was once Commissioner of the Revenue for Roanoke City. (Oh, as of this post I haven't heard back on my letter). How he got elected is a story in itself.

Uncle John was Judge of the Hustings Court for Roanoke City (it's since become part of the Circuit Court), 'way back in the 1920's and early '30's. Check your history: this was during Prohibition, the "No alcoholic drinking" thing. So, in theory, anyone caught drinking or with liquor would be arrested.

So Uncle John had a lot of working stiffs ("Joe Lunchpail") show up in his court charged with having a pint or a fifth, or with drinking.  However, at the same time, the Elite of Roanoke (Doctors, Bankers, Businessmen and - of course - Lawyers) were happily drinking Franklin County's finest 'shine and if caught by police would simply be escorted home.

Not fair, huh? That's what Uncle John thought. So Joe ended up with the minimum fine and no jail. This caused the WCTU (Women's Christian Temperance Union) to dislike hizzoner.  They called him "Soft on Drinking".  The irony here is that Judge Hart was a Tee-Totaler -- never touched a drop of alcohol in his life. (We call him "The Sober Hart" in the family)

The then Commissioner of the Revenue's wife was big in the WCTU in Roanoke. So the then Commissioner of the Revenue was the leader in removing Uncle John from the bench by not reappointing him for another term. In Virginia the General Assembly selects judges; Uncle John lost by a very very few votes to Lindsay Almond.

A year or so later the Commissioner of the Revenue was up for re-election.  Yep, Uncle John ran against him and won.

Now THAT's 'Rossiferous'. Any wonder where I got it?
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Tuesday, January 19, 2010

Taking on The Commissioner of the Revenue for Roanoke City . . .

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I got a nastygram from The Commissioner of the Revenue for the City of Roanoke. Among the duties of that office is keeping track of who owns real estate so they can be taxed. I made a mistake in a deed -- the wrong tax map number was inserted  by accident; the rest of the deed was detailed and correct.  The Commissioner's office is refusing to transfer the tax records because of that error. They're wrong. Following is an adaptation of my letter (I removed identifing info and added stuff to clarify it for y'all)
---
First, I’ll admit to a scrivener’s error in the tax number in the top margin, first page, of a deed prepared by this office. I should have caught it; the closing agent should have caught it. I congratulate and respect The Commissioner of the Revenue's (COR) staff for their sharp eye.

However, there is no authority in the Code of Virginia preventing the COR from correctly assessing the property in the name of the purchaser when there is clearly a minor scrivener’s error. That offices’ failure to correctly assess “the person to whom the [real estate] is chargeable with taxes” as to any property under Virginia Code 58.1-3281, when a reading of the four corners of the deed would disclose such, could be misfeasance.

When I called the Commissioner's office, his staff referred to Virginia Code 17.1-252. That section (1) makes Circuit Court Clerks require a Parcel ID Number in those jurisdictions that use them (Roanoke City is one) and (2) allows the Clerk to use that number in an indexing system (The Roanoke City Circuit Court Clerk’s office does not have such a system). Nothing in that statute applies to the duties of The Commissioner of the Revenue, although compliance does, usually, make their job easier.

In this case, the body of the deed clearly identifies the property and its title history. It even identifies it as a re-subdivision of two lots with tax numbers (actually, conveyance of a strip of land from one lot to another). In the thousands of real estate titles I have personally searched, and the thousands of other title reports I have personally reviewed, a single error did not void the title when the bulk of the information distinctly identified the property.

In addition, this policy implies that an instrument must be recorded to effect a transfer of property to “the person to whom the same is chargeable with taxes”. That, in my family’s knowledge, has never been the case. My uncle, Judge John M. Hart, was The Commissioner of the Revenue at one time (How he got there is a Rossiferous story in itself!). I know of instances where a deed was delivered, accepted, but the buyer neglected or refused to record it; the property was nevertheless taxed to the buyer because the then Commissioner of the Revenue properly determined the buyer to be “chargeable with taxes”.  I also recall that, as Escheator, my father and I would provide a list of purchasers to the City so that they could be assessed the taxes coming due on the properties they bought.



Hopefully this will get cleared up so that the purchaser doesn't suffer because of the COR's office. I've talked to other attorneys who have had similar experiences; it'll be interesting to see what happens.
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Wednesday, January 6, 2010

More Big Bank stupidity

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Big Banks just don’t have sense.  Here’s a plug for the small, community based bank.

From a list-serv where I’m a member, (Virginia chapter, National Academy of Elder Law Attorneys) I picked up two stories illustrating the abject stupidity of big banks.

The first comes from my friend Ken Labowitz, a lawyer in Alexandria, VA.
  • Perhaps my attitude here is influenced by this afternoon's confrontation with SunTrust Bank.  I am co-guardian and co-conservator in a case with my colleague Anne ****.  The appointment is specifically written to say about six times that "either may act as Conservator".  With regard to drilling a safety deposit box, SunTrust is insisting that both of us be present.  No negotiation, no discussion possible, just both of us have to be present because SunTrust says so.
After Ken posted his story, another colleague responded:
  • I think there must be special secret laws about safety deposit boxes. Wachovia insisted that I could not access a box to which I had a key, I am the executor under the will, and I gave them the death certificate of the owner and a copy of my appointment.  They required that the agent under the decedent's POA come into the bank and authorize me to have access to the box!
(apparently Wachovia is too stupid to know that a power of attorney dies with the person who issued it.)

And finally, one of my own experiences and how I handled it.
  • I was appointed guardian/conservator for a lady with a house subject to a mortgage held by BB&T. The judge inserted a bunch of stuff in the order appointing me (if he'd been around in time of Moses he'd have taken a hammer & chisel to the 10 Commandments!).

  • BB&T did not have a deposit account for the person, instead that person  owed BB&T money. I inquired about the balance and payment status and presented my order and qualification papers so I could PAY BB&T.  The order was sent 'downtown' somewhere and the response came back "we need proof that the judge made all those changes before we give access". My response was quick, to the point, and effective:  "Other than you, who should I subpoena to Court so the Judge can verify this?"

  • I got the information.  Later I told hizzoner the story and he laughed.

In all these cases the banks were dealing with experienced lawyers with appropriate documentation and identification. But the banks substituted their stupidity for three separate court orders conferring legal authority on my colleagues (and me). Other than my ‘subpoena’ threat, I’ve had to threaten to write the various regulatory bodies with a formal complaint – and I made sure the flunky I was dealing with knew their name would be included – or legal action, or all of the above.  I’ve suggested that they go ahead and prepare a memorandum of events as their superiors and the home office legal department will want to know why they have to respond to my complaints.  So far they’ve blinked, but one of these days, probably soon,  .  .  . 

Local, Community based banks, are a whole lot easier to deal with.  Their front line people can think and (unlike those in big banks) are usually authorized to do so.  If there is something I think unreasonable, I easily get to someone up the chain; sometimes it’s not the bank’s fault, it’s the regulators stupidity that makes them do it. (Yes, another blog at another time) In the Roanoke area, from personal experience, I can recommend Stellar One and Valley Bank – good service and great people.


PS: full disclosure – I own stock in BB&T and Suntrust. Inherited it.

Thursday, December 17, 2009

Financial Freedom - good news

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When I fuss about something I've got a duty to acknowledge something done right.

I just got off the phone with a young lady at Financial Freedom -- Cindy -- who obviously knew her job and how things worked.  She explained the process and the HUD (Gov-mint) rules they have to follow very well.  She answered all my questions and was quite pleasant to talk to. She even gave me her direct number in case I have future questions.

Results = 1
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Wednesday, December 16, 2009

Financial Freedom - no intelligence (Part 2)

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The good news is I finally got the information I was asking for from FF.

The bad news is it included $3500.00 for "foreclosure expenses".  I immediately (within 30 minutes of receipt) faxed to the same person who sent the fax a series of questions about the supposed foreclosure. In my query I acknowledged receipt of the payoff fax.

This morning I get a fax from a Tia -- , claiming to be a "Loan Servicing Administrator" at Financial Freedom -- it's a form that totally ignores the history of my contact in this case and states she must have a "Signature authorization to release . . . ".  She got a worthwhile response:

First, you obviously did not read my inquiry or don't have the education to understand what I wrote. I ALREADY RECEIVED a payoff; my inquiry was to a component of that payoff.
Second, I am the guardian and conservator for (individual) I've sent the papers to Financial Freedom at least twice and am now receiving monthly statements. If you know how, I suggest you look. Thus, I've GOT the authority to ask.


I trust I've made myself abundantly clear this time and the information requested about the 'foreclosure fee' in the payoff will be forthcoming immediately.


If you still cannot assist, elevate this to someone with intelligence.
Guess I'm not on Tia's Christmas Card List!

Isn't it sad that with the centralization of our economy the people handling our financial records don't know how to think?
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Wednesday, December 9, 2009

Financial Freedom - no intelligence

I'm handling a guardianship where my ward has real estate with a 'reverse mortgage' held by Financial Freedom.  As a rule I do not like reverse mortgages but recognize they can be a useful tool in certain limited circumstances.

Well over a month ago I called Financial Freedom, faxed the Court Order appointing me, and asked them to send me some information.  I haven't heard from them at all.  This is not unusual -- in my opinion  Financial Freedom is among the top ten worst real estate loan servicers out there. Whenever I mention their name to a colleague doing Real Estate, Elder Law, or Probate, I get a groan in return.

The other day I went to their website to see about calling in; they have a utility called "Search Financial Freedom".  I entered 'Intelligent Individual" -- the response was "Results: 0"

Yep.  'nuff said.


Monday, December 7, 2009

A block too far

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My daughter Allyson is in a wheelchair.  She's been in one pretty much all her 21 + years.  I've worked to encourage her to do her own thing - be independent - and I'm very proud of her accomplishments and independence.

Allyson can't drive, nor can she 'ride the bus' if she wants to go somewhere. I can't take her everywhere either.  So she relies on an outfit called RADAR, an acronym for Roanoke Agencies Dial A Ride. RADAR is one of two handicap public transportation services in the area; the other is CORTRAN, for County of Roanoke Transportation.  RADAR serves the Cities of Roanoke and Salem; CORTRAN serves Roanoke County.

What happens if you want to cross the border?  Apparently you can't do it!

Allyson recently joined Fellowship Community Church (FCC).  She loves it there, and they are very supportive of her.  FCC provides transportation as part of its ministry on Sundays; other days there are members who might be able to help but the folks at that church have day jobs they need to go to. They've got a function this coming Wednesday night and since she wants to go, she called RADAR and booked the trip.  RADAR called back and canceled.

The Problem:  Fellowship Community Church is about two blocks over the line into the County from the City of Salem. So RADAR can't take her according to the rules.  Funny thing:  RADAR has taken Allyson to Fellowship several times in the past. And gee, it appears that they use the same vehicles as CORTRAN.

Question:  Can a CORTRAN rider be taken to Roanoke City or Salem? If they can, why can't a Salem/Roanoke City rider be taken to a Roanoke County destination? 

The RADAR/CORTRAN/etc. website gives absolutely NO rules of where you can and can't go. Call them and they say that Roanoke Valley Metro sets the rules.  Go to the Valley Metro Site and nowhere do you find the rule that you can't cross the city/county line. Unless you're going to Tanglewood Mall, which is in the county. But forget about going to the doctor's office a block away from Tanglewood. And I haven't even tried to navigate the County's website for more information.

SO, if you live in Salem or Roanoke City and need 'paratransit', don't try to go to Roanoke County or get a job in Roanoke County. And if you live and work in the County and use CORTRAN, don't move to the city or you'll lose your job.

Valley inter-government cooperation?  Not for 'paratransit'. Of course, I'm not surprised.  Our governments hate the poor.
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Monday, November 30, 2009

Deflating Pomposity - war story

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Many years ago we had a state senator from Roanoke who was, shall we say, very enamored with himself.  He was also pompous.  The good news is he only served one term. The better news is that he provided several stories.

The Senator went through a "British" thing.  He wore a cape and a bowler hat and even had one of those silly tiny stick canes. This was complemented by his attempt at affecting a British Accent. Trust me, Henry Higgens would have seen through him in a second.  This story is about the beginning of the end of that phase.

Back in the day we also had air commuter service with Richmond - our state capital. One day my friend Harold was there with a client (I'll call him 'Irving') from the coalfields appearing before some agency.  After the hearing they were at the Richmond Airport waiting for their return flight when The Senator came by.  Harold, thinking he could get some brownie points with Irving, hails The Senator.

The Senator, seeing Harold (and Harold being a member of Roanoke City Council at the time) came over to chat.  "Harold, my good man, How awre you today?  You're looking jolly good you know."

Harold:  Just fine, Senator, I'd like you to meet Irving Puffuffnick; he's a client of mine and we've just finished a hearing at XYZ agency"

SEN: "Delighted to make your acquaintance, Irving. Tip Top Barrister you've got there"

IRVING:  "Good to meet you, Senator.  Are you from England?"

SEN:  "No, actually I hail from Roanoke.  Howeva, I did study at Ahxford (Oxford) for two years."

IRVING:  "Well, hell, I was in 'Nam for two years, but I didn't pick up THEIR accent"

The Senator terminated the conversation and moved away.  Shortly thereafter the cape, hat, and stick thing disappeared.

Thursday, November 19, 2009

Door Repair underway

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I had to appear in a case at the Roanoke City Courthouse today.  I'm pleased to report that the doors I complained of last week are now being repaired. Even more remarkable is that I counted two workers busy at their task WITHOUT three "supervisors" directing them.

I'm told by a lot of folks who work in the courthouse that they've complained for months about the doors. Heck, I grumbled for some time about them also before I sent my note to the City Attorney.

Isn't it a shame that the City of Roanoke can't seem to get anything done until there's a serious complaint about the problem? And that I had to send my complaint 'outside' the normal chain of command to get it the attention it deserved?

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Wednesday, November 11, 2009

Disgraceful Maintenance of Roanoke Courthouse

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I know the City of Roanoke doesn't maintain anything worth a darn, unless maybe it's the City Manager's office. The City has a long history of building something bright and shiny and then not taking care of it.

Certainly the Courthouse maintenance is an embarrassing disgrace, and that's what I'm writing about. The courthouse has parquet flooring, and it's showing its age.  Parquet will pop up and the city will cover over it with a piece of carpet duct-taped around the missing area, or they'll block off a section for three or 4 months (happened on the stairwell) until they do an ugly patch job. About a year ago a huge pile of carpet squares was delivered to the courthouse to go over the parquet flooring. It's still piled. But this is just City of Roanoke Maintenance as usual.


Here's what's really ticking me off:

For several MONTHS, the 'automatic doors' used for Handicap Access on the west end (nearest the Mayor's private law office) have been broken. Periodically there are paper signs loosely taped to the door saying 'push', but they are usually torn or blown off in a few days. The doors require too much effort for a disabled person on a walker or in a wheelchair to open. Given that my daughter has been in a wheelchair all her life I'm particularly sensitive to access issues.

As I understand it, the Americans with Disabilities Act requires that handicap accessible devices be maintained in working order.

While the thought of embarrassing the City of Roanoke and its manager (who is fortunately on short time now) with a public Americans with Disabilities Act suit is very tempting, I'm more interested in getting the problem fixed, now.

So I emailed my comments to an Assistant City Attorney I work with from time to time, and asked him to forward my concern to the appropriate powers-that-be.  I also suggested that they confirm to me by 4:30 PM this Friday (Nov. 13) that the repairs have been ordered and will be COMPLETED by November 30.  If so, I'll be quiet.  If not, I'll review how Rossiferous I can really be.

I'll let y'all know what happens.  This is why I moved to Salem - it woulda been fixed in a week.
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Tuesday, October 27, 2009

Bank of America ain't bright, either

One of my best friends owns a lot in the Outer Banks of North Carolina. He bought it as an investment; no comment on the wisdom of that investment. The only thing on the lot, other than scrub-grass and sand, is a small sign with his name and home town.

Bank of America holds the mortgage; payments are up to date (said friend is anal about paying on or ahead of time).

My friend just got a letter from Bank of America that they 'require flood insurance equal to the value of the improvements'. I offered to write a letter, freebie, in my calm, quiet, Rossiferous manner, asking just which 'improvements' should be insured, and for how much?

He's self-insured on the sign.

Monday, July 20, 2009

Why banks needed a bail-out

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It's no wonder taxpayers are having to bail out the financial industry: they're stupid. They over-centralized their operations 'in the name of efficiency' and try to get the lowest paid people possible to do the job.


Case in point: I'm working with a family on an estate. I routinely verify all debts of the decedent that could be a claim against the estate and send a letter to each creditor (a) informing them that the individual died, (2) asking for certain information and (3) providing information about when (or even if) the account might be paid.

HSBC (Household Savings Bank) responded "In order to make changes to the cardmember's credit bureau we need written authorization and a signature from (the decedent). Then there's a "please refer to reference number 6781-07JUL09".

I faxed a Rossiferous response, as follows:

- - - - - - - -

IT IS OBVIOUS YOU DO NOT EMPLOY PEOPLE WHO
UNDERSTAND THE ENGLISH LANGUAGE.

My original letter dated June 15 is attached. Your 7-10-09
letter, attached, asks for her signature; she's dead so you
can't get it.

Your letter mentions her credit file; she's dead and doesn't
care.

I suggest you have someone with a high school diploma or
better re-read my original letter and provide an intelligent
response.

No wonder financial institutions need a bail-out. They
either can't read or are stupid.

- - - - - - - - -


Given my past experience with HSBC, I vote the latter.


It'll be interesting if they respond to my fax

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Thursday, July 16, 2009

Gov Maintenance needed.

I know it's been a while. Been busy and on vacation. However, I just saw a quote from a friend of mine on a user-group I participate in (www.chaosfanatics.com).

It's a shame we can't maintain our government the same way we do our PCs. I'd start off with a full malware scan and then do a deep defrag with full optimization. If that didn't help I'd wipe it and re-install. It'd be well worth the downtime. "JustDave"

Couldn't have said it better myself.

The shame is that I feel the majority of Americans don't like their government in its present form. And it's getting too big for its britches.

I discovered 'science fiction' while at Woodrow Wilson Jr. High School and have read bunches of it. What's interesting is that a lot of things written 30-40 years ago are becoming reality now. The late Isaac Asimov wrote of a bloated Galactic Empire bureaucracy in the Foundation Trilogy (later series) and I'm seeing alarming parallels with Washington now. The problem is that there's no one able to fix it.

The Government needs 'down time' to reboot.

Wednesday, May 27, 2009

Phishing and Scamming - back at 'em

I'm a member of a software user group -- www.chaosfanatics.com -- and "JustDave", one of my good friends there, struck back at a scammer/phisher. It's worthy of posting:


Earlier this week I got an email from a Ms. Philips, supposedly with an international courier company, notifying me that my certified ATM card in the amount of $450,000 had arrived and that all I had to do was to send her my banking info so they could take their $125 fee and deliver the card. Right.

I replied, thanking her for the notification and informing her that I had, in fact, already received the card. I told her that planned to buy lunch for the entire office and then take the rest of the day off to go pay off my mortgage and buy a new car. I also told her that if she would send me a link to her web site I'd make an online payment for the delivery using the card. I received a very confused, almost incoherent email back from her. I didn't reply. She's emailed me twelve times since then. Heh.


Great job, Dave!! Gotta remember that one! Add another beer to the tab!


On the more serious side, these folks have no shame and REALLY take advantage of the elderly who no longer know when they're being scammed. I'm guardian for a 90+ retired military clergy who is convinced he's won the Irish/German/Canadian/TimbuckToo lotteries and all he needs to do is send $100--$500-$2500, and so forth. Other than that he's perfectly sane and still preaches once or twice a month as a 'substitute'. He's blown through his live savings and incurred nearly $100,000.00 in credit card debt, spending over $200,000.00 with these bastards. 

If you've got elderly relatives, try to look over their finances to make sure everything is in order. If you see a problem, get to an Elder-Law lawyer at once. You can find one at NAELA.ORG.
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Monday, May 11, 2009

Barcodes


Today I was happily working and some stuff for a project came in. It had bar codes all over it and I thought to myself "Our lives have become run by bar codes -- we ought to have bar code name tags."

And it hit me. An idea. ("Danger, Wil Robinson, Danger!")

I had a lunch today that would have Name Tags. So I printed my name tag - as a Bar Code. Yes, I wore it. My good friend Peter Vieth with the Virginia Lawyer's Weekly took a picture, reproduced here, and posted on the Virginia Lawyer's Weekly blog.

That it was a local Bar Association lunch was just an ironic twist. Bar codes for the Bar Lunch?



Saturday, May 2, 2009

Mint Juleps

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May 1. It's that time of year. The chili cookoff in Roanoke; a famous horse race in Kentucky. Planning and planting things, watching them grow. Every year at this time there's enough fresh mint for my favorite adult beverage: the Mint Julep. There are hundreds of ways of making them.


I make Mint Juleps the way I learned from my father, "The Colonel", whom my brother and I call "Pappy". Pappy retired as an Army Colonel, a rank he earned during WWII after his participation in the Ardennes Forest Offensive (also known as the Battle of the Bulge). Across Virginia he was always referred to as "The Colonel" and with that name on the other side of the state people knew who you were talking about. Growing up as the kid of a well known dad had its advantages and disadvantages. I learned early on that I'd best behave myself wherever I happened to be, 'cause word always made it back to him. Now I realize that was an advantage.

Pappy's voice still booms in my memory: "Ross: the ingredients are the key. You've got to use bonded bourbon ('bottled in bond', a government thing that means the stuff is at least 100 proof) and it damn well better be from Kentucky. Second, use very cold ice -- ice that's been in the deep freeze for over a week so it knows it's job is to stay cold, and it wants to! Third: pick your mint only when you're ready to make the Juleps -- over 10 minutes between picking and using and it begins to wilt and loses flavor."

Every time I made Mint Juleps, I also hear, "just as important is the ceremony of making the Julep itself -- people enjoy them even more when they watch you make them and you make it appear special." Pappy was right about that among many many things. I remember a college summer school geology course I took in Colorado. I had a high 'C' or low 'B' at the end of the course when we had our end of school party. The professor was there, I made Mint Juleps (with the ceremony) for him, and the 'C' moved to an 'A'.

The Colonel's Famous Mint Julep Recipe; Per Julep:
  • 3, 4" sprigs of mint, divided
  • 1 1/2 cups deep-freeze-cold ice
  • 3 teaspoons table sugar, divided
  • 100 Proof Kentucky Bourbon
  • Tall 8 oz. glass or, even better, aluminum tumblers.

  1. Crush ice in a clean dishtowel or canvas bag (I used to represent a bank and use an old money-bag) and pound it with a mallet or hammer until the ice is nearly pulverized.
  2. With a spoon -- your hand will warm the ice too much -- fill each tumbler about 1/3 the way up.
  3. Add a heaping teaspoon of granulated sugar and about 5 mint leaves (you can leave them on the stem).
  4. Repeat: another 1/3 tumbler of ice, then sugar and mint, and then ice to the top.
  5. Once the tumblers are full, take an ordinary iced tea spoon and hold it upside down by the bowl of the spoon and jam it up and down in the tumbler. This crushes the ice against the mint and sugar, gets all the flavor and oils in the mint flowing, and everything mixing together. Do this for 30 seconds or more.
  6. Add more ice to pack the tumbler firmly to the top. Finally, take the bottled-in-bond Kentucky Bourbon and pour it in. No, you don't need to measure the bourbon. As a practical matter, if you've done it right, the tumbler will take only (he says!) about 2 or at most 2 1/2 ounces of bourbon, which isn't that much for a serious bourbon drinker.

After pouring the bourbon, the tumblers should instantly frost over with a layer of ice on the outside. That's the first sign you've made the Mint Julep properly and means that it's well below freezing. Add a sprig of mint on the top of each drink as a garnish, put in sippin' spoons (ice tea spoons with a hollow tube for a handle; if you don't have them a straw will have to do), and serve with a napkin underneath. Hold it by the napkin so the frosted side isn't ruined by the heat of your fingers.

Aaaahhh!. Definitely worth being included in the top ten of life's pleasures. Be careful, though. Mint Juleps have teeth!

Thank you, Pappy. Here's to you and all you taught me.
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Friday, April 3, 2009

Elder Abuse

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One of my absolute hot buttons is when someone steals from an elderly person who cannot protect himself. Friday April 3, 2009, I appeared in such a case.


Five years ago, “Momma” (then in her late 80’s) had progressed to the point that she needed to live where she could be cared for – at first an “Adult Living Facility” (Assisted Living) and now skilled nursing care in a nursing home.

Five years ago ‘Momma’ was comfortable, financially. She had an annual income of $24,000; she needed $50,000 to take care of her needs and care. Her assets were almost $500,000.00 which, at $2300 per month, would have lasted over 25 years – much longer than her lifespan.

Today in court all we could determine was left was $22,000.00. Less than 5% of what was there five years ago.

I had obtained some bank and other financial records for the 15 months (back to January 2008) and reviewing that period I found that “someone” had used Momma’s debit card to the tune of $83,450.00 (that’s over $5500 per month) for such “necessities” as:
  • Cell Phones
  • Models – as in model cars, planes, etc.
  • Motels and restaurants within a 200 mile radius of here, including Dollywood
  • Booze at the ABC store
  • A membership in DateMatch.net (she's now in her 90's!)
My role was to report to the court and protect “Momma’s” interests. I was fully prepared to do so and be “Rossiferous” in my approach to the daughter who had Momma’s power of attorney, and even more so to the daughter’s husband who also had access to Momma’s money. (By the way, husband claims there may be some identity theft – why, over 15 months, did they not notice that money was disappearing?)

I didn’t get a chance. Hizzoner the judge beat me to it. His questions were to the point and emphasized the pillage of Momma’s money. All I did was pitch the ball; he hit the homeruns.

Elder financial abuse happens every day to too many seniors. I’ve seen it too much. I’m happy to report the judge I was before today gets it, as do all the other judges I appear before on a regular basis.

President John F. Kennedy said “A society's quality and durability can best be measured by the respect and care given to its elder citizens."

If you see abuse, call for help. Adult Protective Services is interested. There’s also Elder Abuse Hotlines.
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Monday, March 9, 2009

Stuff - redux

My office desk had reached critical mass. You know, that state where the piles are so bad even you can't find stuff. So I decided to 'tidy' it. Susan came to help.

What I had envisioned as an hour or so chore turned into a major 4+ hour project. 8 'billable' hours later (two lawyers!) my desk and workspace are much different and better.

I don't have a before picture -- imagine a pile of paper several inches tall; here's 'after'.

The big question is how long will it last? . . .

Sunday, March 8, 2009

Characters: Dr. C meets Councilman T

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I like to tell stories; I've even built up a bit of a repertoire of some of my favorite stories. In fact, when I was teaching at National College (f/k/a National Business College) the students did evaluations of the instructors. I taught a two-term course, and the written comment from one student was "Mr. Hart's stories were great the first term; when he repeated them the second term . . . ". Well, I guess my repertoire is somewhat limited.

Anyhow, from time to time I'm going to put some of those 'stories' here. Some will be "War Stories"; others will be "Characters Encountered". Some will be my personal experience; others will be stories I heard and feel are worth retelling as the original 'author' is no longer with us. I'll change names to protect the departed.

We begin with a "Character" story. It involves "Councilman T" and a constituent "Dr. C".

I learned a lot about observing life from Councilman T. He could tell stories about his time on Roanoke City Council and those stories gave great insight on how to approach a local governing body about an issue. I also learned a lot of what NOT to say -- Elected officials absolutely hate when someone says "I'm a taxpayer and . . . " Guess what, genius, the elected official is probably paying more in taxes this year than you'll pay in your lifetime. The argument doesn't work.

One time about 30 years ago the City of Roanoke had annexed a bunch of Roanoke County. (don't ask about Virginia's screwed up local government system in which a City -- first class, please -- can and does tell the county that surrounds it to go to hell if it feels like it) A lot of people who had lived in the county found themselves proud citizens of the city but were still paying the higher rates for water and sewer service to the County's Public Service Authority. They felt that if they had to be in the City, they ought to pay the same as other Roanoke City residents.

Dr. C was an extremely vociferous member of this group. At one time he taught Economics at Roanoke College (he even taught my mother economics at the University of Virginia Extension back in the 1960's). Verbosity was a trademark. And he could insult with the best and treated most people as students -- even members of City Council. I had my share of contact with him in those days.

At any rate, one Council meeting Dr. C appeared and spent a good 10 or 15 minutes haranguing Council about the injustice of the water/sewer rates. Near the end (although Dr. C hadn't planned it as the end) Councilman T. asked what he later said was a basic question. Dr. C responded "The problem with you Mr. T is that you just don't understand basic economic theory".

To which Councilman T responded "That may be true, Dr. C.; as I recall when I took Economics at Roanoke College you were my professor".

At this point Dr. C decided he had said enough.
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