2053 Woodbridge Avenue - Edison, NJ 08817

Kenneth Vercammen is a trial attorney in Edison, NJ. He is a speaker at the annual Nuts & Bolts of Estate Administration & Elder Law program, American Bar Association General Practice Division.

He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week litigation and contested Probate hearings.

Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer.

Tuesday, September 01, 2015

NJ LAWS EMAIL NEWSLETTER E475

NJ LAWS EMAIL NEWSLETTER E475
Kenneth Vercammen, Attorney at Law

1. Have a Power of Attorney prepared for your college children and children traveling out of state
2. Recent cases: OPRA can require town and police to provide video of security camera. Gilleran v. Twp. of Bloomfield.
3. Bias statute requires proof of defendant intended bias, not victim perception and statute unconstitutional. State v. Pomianek.
4. Next community events we participate in

1. Have a Power of Attorney prepared for your college children and children traveling out of state
     
      There are many good reasons to consider getting a Power of Attorney and Medical Directive for your adult "child". A prominent Monmouth County Law office wrote while you made certain decision for your child before he or she turned 18, you have no authority to take action now. In the event your child becomes ill or has a serious accident while they are away, you do not have legal right to withhold Power of Attorney, it is important to have a plan in place to deal with their health, financial, educational and legal needs.
      Durable Power of Attorney to handle finances will enable you to take care of tasks for your child. This includes: registering their car; communicating with their college about issues which fall under HIPAA, like grades and disciplinary actions; completing financial transactions at their bank, their college, etc. If your child runs in to an issue with their passport while they are overseas, you can be assured that you have the authority to help.
    Living Will or Health Care Directive is important in the event of an accident or illness. You will be able to talk to medical staff and make decisions on your child's behalf, if necessary.
      While you may never need to use these documents, it is better to be safe than sorry!

2. Recent cases: OPRA can require town and police to provide video of security camera. Gilleran v. Twp. of Bloomfield, ___ N.J. Super. ___ (App.Div. 2015) (A-5640-13T4).

    The Open Public Records Act (OPRA) does not include a blanket exemption for video recordings made from an outdoor security camera. To justify denying an OPRA request pursuant to the definitional exclusions contained in N.J.S.A. 47:1A-1.1 for "security information," "procedures," "measures," and "techniques," the government agency must make a specific showing of why disclosure would jeopardize the security of the facility or put the safety of persons or property at risk.
     Because we agree with the trial court that the township did not make a sufficiently specific showing for an exemption, we need not decide whether N.J.S.A. 47:1A-5(g) requires a government agency to review requested recordings and redact only actual confidential information, as argued by plaintiff and the ACLU. Such a requirement of review and redaction seems  impractical and virtually impossible to implement when the request is for lengthy surveillance recordings, such as the fourteen hours of recordings requested here by plaintiff.

3. Bias statute requires proof of defendant intended bias, not victim perception and statute unconstitutional. State v. Pomianek, 221 N.J. 66 (N.J. 2015).

      Subsection (a)(3) of the bias-intimidation statute, N.J.S.A. 2C:16-1, fails to give adequate notice of conduct that it proscribes, is unconstitutionally vague, and violates the Due Process Clause of the Fourteenth Amendment.

4. Next Community events we participate in

9/5 Scranton Minicozzi 5k 10am
9/7 Monday Pier House 5K, Long Branch 8:30 - benefiting Valerie Center of Monmouth Medical
9/19 Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite
   
     Best wishes to Brendan Vercammen as he starts at Midwestern UniversityCollege of Dental Medicine. The dental school is located north of Chicago in Downers Grove, Illinois. Brendan completed U of Miami in four years, completed his Masters degree at Kean University in one year. Shannon Vercammen is starting her senior year at U of Delaware and is on the Dean's list. We are very proud of both.

Editor's Note and Disclaimer:
All materials Copyright 2015. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Monday, August 03, 2015

NJ LAWS EMAIL NEWSLETTER E474

Kenneth Vercammen, Attorney at Law

August 3, 2015
Greetings!

In this Issue:
1. Mere filming of ex spouse is not violation for FRO. State v. D.G.M.
2 Jail Alternative allowed in 3-40(e) and 6B:2. State v. Toussaint. 
3. 3rd offender DWI defendant not entitled to jail credit for house arrest State v Haas.
4. Next Community events we participate in

E474
Recent cases 

1. Mere filming of ex spouse is not violation for FRO. State v. D.G.M., 439 N.J. Super. 630 (App.Div. 2015).
    In this appeal of a contempt conviction, the court considered whether defendant violated the "no contact or communication" provision of an amended domestic violence final restraining order by sitting near and briefly filming the victim at their child's soccer game. Although the court held that such conduct falls within the restraining order's prohibition on "communication," the court concluded that defendant could not have fairly anticipated this interpretation; therefore, in applying the doctrine of lenity, the court reversed defendant's conviction.

2 Jail Alternative allowed in 3-40(e) and 6B:2. State v. Toussaint,___ N.J. Super. ___ (App.Div. 2015) (A-3654-13T1).
     When a defendant is convicted under N.J.S.A. 39:3-40(e) (being involved in an accident that causes injury to another, while driving with a suspended license), or N.J.S.A. 39:6B-2 (driving without insurance), the court has discretion to permit the defendant to serve the sentence in an electronic monitoring program instead of in the county jail. In construing those provisions, we distinguished State v. French, 437 N.J. Super. 333, 335 (App. Div. 2014), certif. denied, 200 N.J. 575 (2015), which held that N.J.S.A. 2C:40-26(c) did not permit sentencing alternatives for driving during a second or subsequent license suspension imposed for DWI.

3. 3rd offender DWI defendant not entitled to jail credit for house arrest State v Haas., (App. Div. Decided March 13, 2015) A-3599-13T4, Unpublished.
     Under N.J.S.A. 39:4-50(a)(3) a defendant found guilty of Driving While Intoxicated (DWI) for a third or successive time must be sentenced to imprisonment for a term of "not less than 180 days," and that time must be served "in a county jail or workhouse." Defendant in this third-time DWI case argued that he was entitled to jail credits for the 149-day period he spent under what was characterized as the functional equivalent of a "house arrest." The court concluded that such credits are not authorized under the law as the time that defendant spent in his consensual, so-called house arrest was not time served "in custody in jail or in a state hospital." The mandatory jail consequence prescribed by the Legislature must be carried out in full.

4. Next Community events we participate in
8/8 Asbury Park 5K, Asbury Park, N.J. 8:30am Wakefern co-sponsor - benefiting Boys & Girls Clubs of Mon. Cty.
 
8/15 Bradley Beach 5k co-Sponsor Wakefern 8:30  
 
8/16 Ray Licata Long Branch Ocean Mile Swim 1 mile 8am
 
8/22 Belmar Chase 5k 8:30am
 
8/22 Beach Boys Ocean Grove 8pm tickets still available

Editor's Note and Disclaimer:
All materials Copyright 2015. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

Wednesday, July 15, 2015

NJ LAWS EMAIL NEWSLETTER E473

NJ LAWS EMAIL NEWSLETTER E473
Kenneth Vercammen, Attorney at Law

July 14, 2015
Greetings!

In this Issue:
1. Reminder: Clients, Friends, Professionals, Attorneys, Law Enforcement, 5k runners invited to Summer Blast Happy Hour & Networking Social
2. Police did not have reason to order passenger out of car.
3. A request for a civil reservation in municipal court must be made in open court.
4. Next Community events we participate in

E473
1. Reminder: Clients, Friends, Professionals, Attorneys, Law Enforcement, 5k runners invited to Summer Blast Happy Hour & Networking Social
Friday, July 17, 2015
at Bar Anticipation 703 16th Avenue Lake Como/ Belmar, NJ 07719
      Happy Hour at Bar A, we will be at the Big Boardwalk Bar outside.
Look for banners and USA flag.
   Free !
5:30-7:55PM Hot & Cold Buffet
   The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special. Join 170 plus friends and businesses persons.
       This event will also be the Kenneth Vercammen Law Office
30th Anniversary Party
"Celebrating 30 years of providing excellent service to clients
and the community" 1985-2015
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
      Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.

Recent cases
2. Police did not have reason to order passenger out of car. State v Bacome __ NJ Super. __ (App. Div. 2015) (A-3734-12T1).
     Based on speculation that defendant and a passenger in his vehicle were involved in illegal drug activity, police officers attempted to follow but lost sight of the vehicle in or near Newark and waited in Woodbridge for its return. Once the vehicle returned, the officers stopped it, ostensibly because the passenger was not wearing his seatbelt. On approaching, an officer, who did not testify, observed defendant reach under his seat. Both driver and passenger were then ordered out of the vehicle; after the passenger exited, an officer was able to observe in plain view materials that suggested drug usage. Based on that observation, a warrantless search of the vehicle ensued, and illegal drugs were found.
     Because defendant's mere entry into and departure from Newark did not permit a reasonable suspicion of illegal drug activity and because the State had failed to present facts "that would create in a police officer a heightened awareness of danger" if the passenger were allowed to remain in the vehicle, State v. Smith, 134 N.J. 599, 618 (1994), the court found no sufficient ground for the ordering of the passenger out of the vehicle and reversed the denial of the suppression motion.

3. A request for a civil reservation in municipal court must be made in open court. Maida v. Kuskin, 221 N.J. 112 (N.J. 2015).
     A request for a civil reservation in municipal court must be made in open court and contemporaneously with the court's acceptance of defendant's guilty plea. If the prosecutor or the victim demonstrates good cause, or the charge to which a defendant pleads guilty does not arise out of the same occurrence that is the subject of the civil proceeding, a civil reservation order may not be entered. 

4. Next Community eve
7/22     RVRR Summer Pub and New Brunswick Restaurant Week
7/26     5K Run / Walk VFW Post #133 East Brunswick, NJ 9AM
7/26     RVRR day at beach Belmar
8/1       Sea Girt 5k 8:30 am Wakefern Shoprite co-sponsor
8/8     Asbury Park 5K, Asbury Park, N.J. 8:30am Wakefern Shoprite co-sponsor - benefiting Boys & Girls Clubs of Mon. Cty.
8/15      Bradley Beach 5k co-Sponsor Wakefern Shoprite  8:30 
8/16      Ray Licata Long Branch Ocean Mile Swim 1 mile 8am
8/22      Belmar Chase 5k

     Editorial assistance provided by Jordan Davis.  Ms. Davis is currently participating in Kenneth Vercammen's Summer Internship Program and will be enter her Senior year at Rutgers' University.

Wednesday, July 08, 2015

NJ Laws Email Newsletter E472

NJ LAWS EMAIL NEWSLETTER E472
Kenneth Vercammen, Attorney at Law

July 1, 2015

Greetings!
Happy July 4th!

In this Issue:
1. Termination of Child Support after High School Graduation and Upon Emancipation.
2. Recent Case: Police did not have reason to order passenger out of car.
3. The Word "Lawyer" in Foreign Languages
 4. Upcoming Event: Belmar 5 Mile Race fun teams July 11, 8:30am
5. Clients, Friends, Professionals, Attorneys, Law Enforcement, 5k runners,  invited to Happy Hour & Networking Social

E472
1. Termination of Child Support after High School Graduation and Upon Emancipation.

      Child support is usually paid through a wage withholding garnishment at the parent's job. Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for the payor to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation.
For example, the term "emancipation" is sometimes defined as follows:


   1. The completion of the child's formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated.

  2. Upon the completion of any of the aforesaid segments of the child's education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the child's control.
   3. The marriage of the child.
   4. Entry into the military or armed forces by the child.
  This office's minimum fee for a Motion for Emancipation is $1,500.

       Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc.
      Sometimes the child support recipient, usually the mother, will sign a Consent Order, which your attorney can file without the need for a lengthy Motion. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the child support Order was entered.

      The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school. Most child support Order continue child support if the child is in college full time.

2. Recent Case: Police did not have reason to order passenger out of car. State v Bacome __ NJ Super. __ (App. Div. 2015) (A-3734-12T1).

    Based on speculation that defendant and a passenger in his vehicle were involved in illegal drug activity, police officers attempted to follow but lost sight of the vehicle in or near Newark and waited in Woodbridge for its return. Once the vehicle returned, the officers stopped it, ostensibly because the passenger was not wearing his seatbelt. On approaching, an officer, who did not testify, observed defendant reach under his seat. Both driver and passenger were then ordered out of the vehicle; after the passenger exited, an officer was able to observe in plain view materials that suggested drug usage. Based on that observation, a warrantless search of the vehicle ensued, and illegal drugs were found.


    Because defendant's mere entry into and departure from Newark did not permit a reasonable suspicion of illegal drug activity and because the State had failed to present facts "that would create in a police officer a heightened awareness of danger" if the passenger were allowed to remain in the vehicle, State v. Smith, 134 N.J. 599, 618 (1994), the court found no sufficient ground for the ordering of the passenger out of the vehicle and reversed the denial of the suppression motion.

3. The Word "Lawyer" in Foreign Languages
Phonetic (English)
Language Spelling Pronunciation
English................................... lawyer............................ lawyer
Afrikaans................................ procurer..........................procureer
Arabic..............................................................................al-muhawmee
Armenian........................................................................pasdahpahn
Bulgarian.............................. advokat...........................  uhdvokuht
Chinese........................................................................... liuhshy
Czech................................... pravnik............................   prahv-nyeek
Danish.................................... advokat........................... ahdvookaht
Dutch................................... avocaat............................. ahvokaaht
Farsi/Persian............................ vakil................................ vakeel
Finnish............asianajaja.......................... ahseeanahjahja
Flemish Belgian...................... advocate......................... ahdvokat
French................................. avocet............................ avokat
German................................. rechtsanwalt..................... rektsahnvalt
Greek................................... dixnyoqos........................ dheekeegoros
Hebrew/Israeli..................o'rekhdin
Hungarian.............................. jogasz or ugyesz................ yogahs
Indian........................................................................... avokaht
Indonesian............................. Abugado.......................... ahboogahdo
Italian.................................. avvocato (m)...... ahvokahto (m)
avvocatessa (f)................... ahvocahtessa (f)
Japanese...................................................... bergo-shi
Korean.................................. pyenho-sa........................ pyenho-sa
Norwegian.............................. jurist............................... yureest
Pakistani........................................................................ wakeel
Philippino............................. abugado.......................... ahboogahdo
Polish...............advokatas......................... ahdvokahtahs
Portuguese............................. advogado......................... ahdvogahdo
Romanian.............................. avocet............................ ahvokat
Russian................................. jurist............................... yureest
Serbo-Croatian........................ advokat........................... ahdvokaht
Spanish................................. abogado.......................... ahbogahdo
Swahili (Kenya)............................ wakeelee
Swedish................................. advokat ahdvookaht
'lUrkish................................. avukat..................avukat
Ukranian............................... advokat................ ahdvahkaht
Vietnamese............................ luat su...............looaht-suh
Source: How to Get and Keep Good Clients -
Copyright 1986, 1990, 2006
by The National Academy of Law, Ethics & Management, Inc.
and Jay G. Foonberg, J.D., C.P.A., 1-800-55-NALEM (62536).

4. Belmar 5 Mile Race fun teams July 11, 8:30am
    Kenneth Vercammen is again putting together 5 teams of both competitive and non- competitive runners.  If you can finish 5 miles in less than 1 hour, you can be on our teams of fun.
   Our winning teams last year won free beer tickets. Individual Application online at:
http://www.belmar5.com/belmar.pdf  or go to:  https://runsignup.com/Register/?raceId=9379

     The name of our teams are US Olympic Development 1, RVRR Beer Mile Champs, and US Olympic Development 3 [just trying to finish] and our masters, known as "The Legends of Belmar". We will have runners from several running clubs, including RVRR. JSRC, CJRR & Sandy Hooker Tri Club and Rumson Hash.
      
       You do not need to be a member of USATF or any club to be on a team. We would like 30 people of different abilities.
If you have or will enter the Belmar 5, email Ken V at KenV@njlaws.com
After you register Bib # will be online.
Post Race Activities -
Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways.
  Team awards, music and Beach party, after the race at Bar Anticipation.
    Post Race Party discounts all day after the Race!

Post Race Party discounts all day after the Race!
    Bar Anticipation  703 16th Avenue, Lake Como,  formerly South Belmar
   The race is presented by Jersey Shore Running Club and Goodwill Hose Company for runners of all abilities.  The Jersey Shore Running Club is dedicated to helping Local charitable organizations in promotions a healthy lifestyle through running and walking, and the Goodwill Hose Fire Company is a volunteer organization dedicated to helping the local community.

5. Clients, Friends, Professionals, Attorneys, Law Enforcement, 5k runners,  invited to Happy Hour & Networking Social
July 17, 2015 Friday   at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
   Free !
5:30-7:55PM Hot & Cold Buffet
   The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special

This event will also be the Kenneth Vercammen Law Office
30th Anniversary Party
"Celebrating 30 years of providing excellent service to clients and the community" 1985-2015
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com

      Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.

     Editorial Assistance provided by Jaimee Glinn.  Ms. Glinn is currently participating in Kenneth Vercammen's Summer Internship Program and will be beginning Rutgers University School of Law this upcoming fall. 

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Wednesday, June 17, 2015

NJ Laws Email Newsletter E471

NJ LAWS EMAIL NEWSLETTER E471
Kenneth Vercammen, Attorney at Law

June 17, 2015
Greetings!
In this Issue:

1. Clients, Friends, Professionals, 5k runners, Attorneys, Law Enforcement invited to Happy Hour & Networking Social, July 17, 2015 Friday at Bar Anticipation
2. Police needed warrant for blood taking after DWI event in 2010 case, no good faith exception for police actions.
3. Ten year step down in DWI also applies to refusal.
4. 6/21 Happy Father's Dad to my Dad, Al Vercammen.  
5.  Upcoming Community Events
6.  For Rent Coffee Shop/Deli- 2045 Woodbridge Avenue, Edison, NJ 08817  Available Immediately... Price Reduced


E471
1. Clients, Friends, Professionals, 5k runners, Attorneys, Law Enforcement invited to Happy Hour & Networking Social
July 17, 2015 Friday
     at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
   Free !
5:30-7:55PM Hot & Cold Buffet
   The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special
     Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
This event will also be the Kenneth Vercammen Law Office
30th Anniversary Party
"Celebrating 30 years of providing excellent service to clients and the community"
1985-2015

       Co-Sponsors are Greater Monmouth Chamber of Commerce, Monmouth County Bar Association, NJAWBO (NJ Association of Women Business Owners) Retired Police & Fire Middlesex Monmouth Local 9, NJ State Bar Association Criminal Law Section, Young Lawyers Division, Elder and Disability Law Section, Real Property, Trust and Estate Law Section, Minorities in the Profession Section MIPS, Women in the Profession Section WIPS, LGBT Rights Section, Special Civil Part Special Committee, Lakewood Chamber of Commerce, and 8 other sections and committees
     
        If your group, non-profit or organization wishes to co-sponsor the next networking happy hour, please contact:
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817732-572-0500
VercammenLaw@Njlaws.com

2. Police needed warrant for blood taking after DWI event in 2010 case, no good faith exception for police actions. State v. Adkins  __ NJ __ (2015) (A-91-13).

     In this appeal of a 2010 ticket, the Court considers the application of the United States Supreme Court's decision in Missouri v. McNeely, ___ U.S. ___, 133 S. Ct. 1552, 185 L. Ed. 2d 696 (2013), to a case involving a blood draw, for purposes of determining blood alcohol content (BAC), that took place before the McNeely decision was issued.

      McNeely's pronouncement on the Fourth Amendment's requirements must apply retroactively to cases that were in the pipeline when McNeely was issued. Accordingly, the Appellate Division's judgment is reversed. The matter is remanded to allow the State and defendant the opportunity to re-present their respective positions on exigency in a hearing on defendant's motion to suppress the admissibility of the blood test results. In that hearing, potential dissipation of the evidence may be given substantial weight as a factor to be considered in the totality of the circumstances. The reviewing court must focus on the objective exigency of the circumstances faced by the officers.

3. Ten year step down in DWI also applies to refusal. State v Taylor __ NJ Super. __ (App. Div. 2015) (A-3923-13T2).

     In 2013, defendant Thomas Taylor entered a conditional guilty plea to refusal to submit to a breath test, N.J.S.A. 39:4-50.2, reserving the right "to appeal [] any and all issues, including sentencing." Although defendant had no prior convictions for refusal, he had two prior convictions for driving while intoxicated (DWI), N.J.S.A. 39-4-50, in 1985 and 1996. The trial court sentenced defendant as a "third offender," using his DWI convictions to enhance the penalty for his refusal conviction.

      On appeal, defendant argues that the "step-down" provision of the DWI statute, N.J.S.A. 39:4-50(a)(3), should apply so as to reduce his refusal conviction from a third to a second offense for sentencing purposes since it followed more than ten years after his second DWI conviction. The court agreed and held that where the penalty attendant to a driver's refusal conviction is enhanced by a prior conviction under the DWI statute, fairness dictates that it be similarly reduced by the sentencing leniency accorded a driver under the "step-down" provision of that statute when there is a hiatus of ten years or more between offenses.

4. 6/21 Happy Father's Dad to my Dad, Al Vercammen, veteran of Korean War, past president Metuchen First Aid, and a volunteer leader of the YMCA Indian Guides. As a kid one of my highlights was to sit in the Metuchen First Aid ambulance and hit the siren as we rode in the Metuchen Memorial Day parade. Dad was selected as Man of the Year by the Metuchen Jaycees for his volunteer work. Dad and mom traveled to Scranton while I was in college to see Mike Brennan and I win a race for the University of Scranton Varsity Cross-Country team. We enjoy spending time every Memorial Day, 4th of July and Labor Day at their Poconos Lake house, plus their Active Adult Community Pool in Jackson on Father's Day.

5. Upcoming Events:

6/27 Union Beach 5k

6/28  Lager Run 5k Glen Ridge 5pm free beer

6. For Rent Coffee Shop/Deli- 2045 Woodbridge Avenue, Edison, NJ 08817  Available Immediately... Price Reduced
Great Store Front On Corner Lot. Great Location For A New Deli, Coffee Shop Or other Personal Service Business. New tile floor, freshly painted, and other recent remodeling.  Approximately 700 Sq. Ft.   Reduced to $1500 per month.  For more information or to schedule a time to see space please contact:


http://michaelmcdonaldrealestateblog.blogspot.com/2015/04/for-commercial-lease-2045-woodbridge.html
Listed by:
Michael McDonald, Realtor
Keller Williams Elite
481 Memorial Parkway
Metuchen, NJ 08840
732-429-8707
Editor's Note and Disclaimer:
All materials Copyright 2015. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

NJ Laws Email Newsletter E470

NJ LAWS EMAIL NEWSLETTER E470
Kenneth Vercammen, Attorney at Law

June 4, 2015
Greetings!
In this Issue:
1. Recent Cases: Municipal Court improperly admitted into evidence Drinking Driving Questionnaire (DDQ) and Drinking Driving Report (DDR).  
2.  2015 update Wills and Estate Planning- Free Seminar-Last Seminar for the Summer  
3.  Professionals, Clients, 5k runners, Friends, Attorneys, Law Enforcement invited to Happy Hour & Networking Social July 17, 2015
4.  Upcoming Community Events

E470
1.  Municipal Court Improperly Admitted into Evidence Drinking Driving Questionnaire (DDQ) and Drinking Driving Report (DDR). State v. Kuropchak __ NJ __ (2015) (A-41-13).

  The municipal court's admission of the Alcotest results without the foundational documents required by State v. Chun, 194 N.J. 54 (2009) was error. Further, because the DDQ and DDR contained inadmissible hearsay, which may have unduly influenced the municipal court's credibility findings, the matter is remanded for a new trial.
    At trial, Gary Aramini, an Alcotest expert, and Officer Serritella testified. Aramini said that the tests were done improperly and that the State had failed to enter the right simulator solution Certificate of Analysis and the most recent Calibrating Unit New Standard Solution Report into evidence. He also testified that Officer Brito failed to wait the required twenty minutes between the second and third set of tests and that lip balm, blood in defendant's mouth, and a cell phone in the testing room may have tainted the results. The court admitted the Drinking Driving Questionnaire (DDQ) and Drinking Driving Report (DDR) into evidence as business records. The court also admitted Officer Brito's Alcotest Operator Certification, the Alcotest Calibration Certificate, Part I -- Control Tests, the Alcotest Calibration Certificate, Part II -- Linearity Tests, the Calibrating Unit New Standard Solution Report for solution control lot number 08J060, and a Certificate of Analysis 0.10 Percent Breath Alcohol Simulator Solution. This Certificate was admitted without objection; however, the State concedes that it was for lot 09D065 rather than 08J060, which was the simulator solution used in defendant's control test.
      HELD: The municipal court's admission of the Alcotest results without the foundational documents required by State v. Chun, 194 N.J. 54 (2009) was error. Further, because the DDQ and DDR contained inadmissible hearsay, which may have unduly influenced the municipal court's credibility findings, the matter is remanded for a new trial.

2.  2015 update Wills and Estate Planning- Free Seminar                                  Last Seminar of the Summer


Wednesday June 17   12:15-1:00 PM and again  5:15pm-6pm
 Law Office of Kenneth Vercammen,
2053 Woodbridge Ave, Edison, NJ 08817

       Recommended to attend:  Clients, Friends, property owners, parents of children, Accountants, Business Owners, HR staff, Financial Planners, Insurance Agents, Nursing Home Staff, Hospital and Nursing Home Social Workers, Office on Aging Personnel, Senior Club Presidents, and Medicaid Workers,

COST: Free if you pre-register by email.Complimentary materials provided at 12:00 sharp. We previously held this seminar for the Metuchen and Edison Adult schools. This program is limited to 15 people. Please bring a canned food donation, which will be given to the Community Food Bank. Please email us if you plan on attending or if you would like us to email the materials.
SPEAKER: Kenneth Vercammen, Esq.
                 (Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills             
2. 2015 changes in Federal Estate Taxes
3. NJ Inheritance tax $675,000
4. Power of Attorney                      
5.  Living Will                                          
6.  Administering the Estate/ Probate/Surrogate           
7.  Question and Answer                  

       COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney,  Living Wills, Real Estate Sales for Seniors, and Trusts.
       Co-Sponsor: Middlesex County Estate Planning Council

To attend or for Information: Mike McDonald 732-572-0500
or email VercammenLaw@Njlaws.com

Can't attend?  We can email you materials
Send email to VercammenLaw@Njlaws.com

3. Professionals, 5k runners, Friends, Attorneys, Law Enforcement invited to Happy Hour & Networking Social
July 17, 2015 Friday
     at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
   Free !
5:30-7:55PM Hot & Cold Buffet
   The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special
     Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
       Co-Sponsors are Greater Monmouth Chamber of Commerce, Monmouth County Bar Association, NJAWBO (NJ Association of Women Business Owners)Retired Police & Fire Middlesex Monmouth Local 9, NJ State Bar AssociationCriminal Law Section, Young Lawyers Division, Elder and Disability Law Section, Real Property, Trust and Estate Law Section, Minorities in the Profession Section MIPS, Women in the Profession Section WIPS, LGBT Rights Section, Special Civil Part Special Committee, Lakewood Chamber of Commerce, and 8 other sections and committees
     
        If your group, non-profit or organization wishes to co-sponsor the next networking happy hour, please contact:
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
VercammenLaw@Njlaws.com

4.  Upcoming Community Events:
June 8, 2015 at 7:30pm  

Metuchen Library
Wills, Estate Planning & Probate Seminar
Free community program
480 Middlesex Ave, Metuchen, NJ 08840
http://www.metuchenlibrary.org

June  13  George Sheehan 5k, 8:30 Red Bank jsrc.org - benefiting Parker Family Clinic www.sheehanclassic.org 


June  14   Fuce 5K 8:30 Metuchen HS no awards but good cause


June 15  PRESIDENT'S CUP NIGHT RACE 5K, 8pm, Charlie Browns, Millburn Free beer, big post race party 


June 17 Summer update Wills and Estate Planning- Free Seminar first session:   12:15-1:00 PM and again 5:15pm-6pm (See Above for more details)

For Rent Coffee Shop/Deli- 2045 Woodbridge Avenue, Edison, NJ 08817  Available Immediately... Price Reduced
Great Store Front On Corner Lot. Great Location For A New Deli, Coffee Shop Or other Personal Service Business. New tile floor, freshly painted, and other recent remodeling.  Approximately 700 Sq. Ft.   Reduced to $1500 per month.  For more information or to schedule a time to see space please contact:


http://michaelmcdonaldrealestateblog.blogspot.com/2015/04/for-commercial-lease-2045-woodbridge.html
Listed by:
Michael McDonald, Realtor
Keller Williams Elite
481 Memorial Parkway
Metuchen, NJ 08840
732-429-8707
Editorial Assistance provided by Nicole Gonzalez.  Ms. Gonzalez is currently participating in Kenneth Vercammen's Summer Internship Program and obtained her Bachelor's Degree from Kean University. 
Editor's Note and Disclaimer:
All materials Copyright 2015. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com