February 26, 2008
In This Issue
_______________
1. Middlesex County
Bar Association
3rd Annual Awards Dinner.
2. More Fun Events, Sunday March 2nd, 13.1 Miles E. Murray Todd Half Marathon.
3. Anabolic Steroids illegal in New Jersey.
4. If Suspended for DWI in Another
State, Enhanced Penalty for Driving While Suspended.
5. No time limit on appeal until court advises defendant of right to appeal,
State v. Johnson.
6. City may be liable for 911 operator's negligent TORT CLAIMS ACT
Massachi v. AHL Services.
7. SUPERIOR COURT JUDGES Nominated.
--------------------------------------------------------------------------------
1. Middlesex County Bar Association 3rd Annual Awards Dinner.
On March 19, 2008, the Middlesex County Bar Association will hold its third annual awards dinner at Sunny Palace Restaurant on Route 18 South in East Brunswick. Awards will be given to bar members in the following areas: Pro Bono; Non-Litigation; Civil Trial Practice; Criminal Trial Practice; and Municipal Court Practice.
The guest speaker will be Hon. Travis L. Francis, AJSC.
The MCBA will pay tribute to these bar members for their significant contributions to their respective practice areas.
The following awards will be given:
-Pro Bono Attorney-of-the Year Henry Gurshman
-Civil Trial Practitioner-of-the-Year John Gorman
- Criminal Trial Attoreny-of-the-Year Jim Nolan & Nicole Albert
-Municipal Court Practitioner-of-the-Year Kenneth Vercammen
-Young Lawyer of the Year Kimberly Yonta Aronow
-Transactional Attorney of the Year Michael Schaff
The purpose of the Awards is to recognize attorneys practicing in Middlesex County and adjacent municipalities who devote a significant portion of their law practice to their respective practice areas and exhibit one or more of the following:
- Leadership in the poteintial candidate's field of practice;
- Significant, tangible contributions to the Bar, such as participation in educational panels, Bar committees, etc, pertaining to non-litigation issues;
- Significant,tangible contributions to the community and/or charitable endeavors;
- A record promoting participation and involvement in the MCBA and collegiality within the Association; and
- A reputation for personal and professional integrity.
The evening will commence with a cocktail hour (cash bar) at 6:00 p.m. and dinner will be served at 7:00 p.m. The cost to attend is $35 for MCBA Young Lawyers, $40 for MCBA Members and $45 for all others, in advance.
For additional information, contact the Bar Office at (732) 828-3433, ext. 102.
More details at:
http://www.mcbalaw.com/cde.cfm?event=186648
2. More Fun Events - Sunday, March 2nd, 13.1 Miles.
E. Murray Todd Half Marathon 13.1mi, 9am Lincroft, NJ, 732-542-1642
http://www.raceforum.com/03/todd.pdf
Followed by St Patrick's Day Parade
The Jersey Shore Running Club JSRC will again be marching in the Annual St Patrick's Day parade in Belmar to be held on Sunday , March 2nd. We will stage at Jim Rich's house at 1719 Melrose Ave, Lake Como which is near the start one block west of Main Street which is the route of the parade . Get there anytime after 11 AM but before 12 Noon so we can all get in the parade as a group in our assigned spot. Wear GREEN
Plenty of beer before and after parade. Call Ken Vercammen if interested in 1/2 marathon or parade
3. Anabolic Steroids illegal in New Jersey.
The issue of Barry Bonds and other professional athletes' possible involvement with steroids now raises questions on high school athletes trying steroids. The New Jersey Commissioner of Health promulgated rules and regulations which classify anabolic steroids as Schedule III controlled dangerous substances. The problem of the unlawful use of anabolic steroids by school-age children is a particularly serious one, and that this problem is not limited to student athletes, but also involves students who use these especially dangerous substances with the intent to enhance their physical appearance. These substances often have profound, long-term adverse side effects, and that their unlawful use by children cannot be tolerated.
"Controlled Dangerous Substance" shall mean a drug, substance or immediate precursor as defined at N.J.S.A. 2C:35-2, and shall include controlled substance analogs. Pursuant to regulations adopted by the Department of Health, the term includes anabolic steroids, and shall also be deemed to include "Jimson" weed (stramonium preparation; N.J.S.A. 2A:170-77.8) and gamma hydroxybutyrate (GHB), Rohypnol ("roofies"), and flunitrazepam. (See N.J.S.A. 2C:35-5.2 and 5.3.)
More info at
http://www.njlaws.com/Anabolic_Steroids.htm
4. If Suspended for DWI in Another State, Enhanced Penalty for Driving While Suspended. State v. Colley ___ NJ Super. ___ (Decided December 14, 2007). A-3347-06T5.
A prior conviction in another state for conduct equivalent to that proscribed by N.J.S.A. 39:4-50 subjects the defendant to the enhanced penalty provision set by N.J.S.A. 39:3-40f(2) upon a subsequent conviction in this state.
5. No time limit on appeal until court advises defendant of right to appeal, State v. Johnson 396 NJ Super. 133 (App. Div. 2007)
In this appeal the court examine the consequences of a sentencing court's failure to notify a defendant of his right to appeal within forty-five days, when the sentence was imposed prior to the New Jersey Supreme Court's opinion in State v. Molina, 187 N.J. 531 (2006). In Molina, the Court made prospective its holding that such a defendant had five years from the date of sentencing to move for leave to appeal as within time.
6. City may be liable for 911 operator's negligent TORT CLAIMS ACT, Massachi v. AHL Services 11-15-07 A-1113-06T1
The Tort Claims Act immunity afforded by N.J.S.A. 59:5-4 for failure to provide police protection or sufficient police protection does not immunize a public entity from liability for a 9-1-1 operator's negligent performance of his or her ministerial responsibilities in the handling of an emergency call.
7. SUPERIOR COURT JUDGES Nominated.
Governor Jon S. Corzine submitted the following judicial nominations to the State Senate. The nominations are subject to the advice and consent of the Senate.
Nominate for appointment Pedro Jimenez, Jr. (Perth Amboy, Middlesex)
Nominate for appointment John A. Jorgensen, III (Colonia, Middlesex)
Nominate for appointment Andrea Carter Latimer (Milltown, Middlesex)
8. Estate Planning law is extremely complex and ever changing.
Kenneth Vercammen and Associates represent many individuals to prepare Wills and other Estate Planning documents. We would like to offer our assistance to take the work and worry out of your client Estate Planning. Let us find every dollar of probate savings available to you.
Moreover, the preparation of your Estate Planning should only represent the beginning of the review of your financial health. Our firm's philosophy is that the primary focus of our clients is savings along with individual and business financial planning which ultimately leads to future financial freedom. We would like to talk to you about your overall financial goals.
Our services are provided in an efficient manner and are reasonably priced.
Maybe it's time we get together. If you would like to use our firm to assist you in the preparation of your estate planning, in financial planning or in any other legal service, please call for an appointment.
We Look Forward to Hearing From You.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Tuesday, February 26, 2008
Thursday, February 07, 2008
NJ Laws' Newsletter February 7, 2008 E267
February 7, 2008
In This Issue
_______________
1. Palimony expanded in New Jersey
2. Contract Like support/palimony case could be heard in Probate Court
3. Suit for tortious interference with a Bequest must be filed in Probate Court
4. Drug Court Expanded in NJ
5. Hardship Exemption to Avoid Driver License Suspension Explained
6. Volunteer Legal Interns Needed, Public Defender of Metuchen
--------------------------------------------------------------------------------
Greetings,
1. Palimony expanded in New Jersey.
Rosemary Connell v. Edward Diehl 01-08-08
A-2331-05T5
The court held in this palimony action that the supporting person's sole ownership of assets accumulated during their uninterrupted thirty-year cohabitation was not inconsistent with a promise of support for life. The court also held that the dependent person was not required to prove that she expected any remuneration for her efforts to contribute to their marital-type lifestyle over the years. Finally, the court held that a trial judge in calculating a lump-sum palimony award is not required to place the dependent person in the lifestyle she and the supporting person enjoyed, but rather to provide reasonable support sufficient to meet her minimal needs and prevent the necessity of public welfare, and in doing so must consider inflation in calculating the lump-sum award.
2. Contract Like support/ palimony case could be heard in Probate Court.
In the Matter of the Estate of Robert O. Quarg, deceased 1-23-08
A-2459-06T3
Decedent's wife, from whom he had been estranged for over forty years, appealed the Chancery Division's order imposing a constructive trust on her surviving spouse's share of decedent's intestate estate in favor of decedent's companion, with whom he had lived since shortly after the estrangement. The court held that, decedent's conduct and actions, together with the lengthy time decedent and his companion lived together, and their mutual consideration as husband and wife, was sufficient to establish a question of fact whether there was an implied promise by decedent to ensure that his companion received adequate provisions during the remainder of her life. The court determined that the Chancery Division mistakenly relied upon an equitable principle of a constructive trust and the court remanded the matter for a determination whether such an implied contractual promise could be established.
3. Suit for tortious interference with a Bequest must be filed in Probate Court Felix M. Garruto, et al. v. Lorraine Cannici 12-21-07.
A-2447-06T1
The Court held that an action for tortious interference with a bequest, premised upon undue influence by means of fraud, is barred when plaintiffs, with knowledge of probate proceedings, have failed to file a timely challenge to the will in probate court.
4. Drug Court Expanded in NJ. State v. Meyer 192 NJ 421 (2007)
Nonviolent drug-dependent defendants who are not eligible for special probation under N.J.S.A. 2C:35-14 may be admitted into Drug Court if they meet the admission requirements in the AOC's Drug Court Manual.
5. Hardship Exemption to Avoid Driver License Suspension Explained. State v. Bendix ___ NJ Super. ___ (App. Div. Decided October 11, 2007)
A-6508-05T3
The court concluded that the trial court took too restrictive a view of the court's discretion, under N.J.S.A. 2C:35-16a, to grant defendant a hardship exception from the requirement that his driver's license be suspended due to his conviction for drug offenses. In remanding for a new hearing on the exception issue, the court provided guidance as to the proper procedures for conducting the hearing. Defense counsel should present his client's application through formal witness testimony, and the State's opposition should likewise be presented through testimony rather than representations of counsel. (*Approved for Publication date).
6. Volunteer Legal Interns Needed - Public Defender of Metuchen
The Public Defenders provide Indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender now offers Wednesday night Internships. The Public Defender of Metuchen again invites college students interested in attending law school or a career in law enforcement to serve as volunteer interns. Can you spare one night per week to help indigent people in need?
Wednesday 4pm PM [approx]- 8:30 PM , Friday 9-2 optional
Mail or fax cover letter and resume to 732-572-0030 fax
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave.
Edison, NJ 08817
VOLUNTEER INTERNSHIP DESCRIPTION:
INTERVIEW CLIENTS FACING CHARGES IN MUNICIPAL COURT INCLUDING DRUG POSSESSION, DRUNK DRIVING, ASSAULT, THEFT, DRIVING WHILE SUSPENDED AND OTHER DISORDERLY AND TRAFFIC OFFENSES
MAKE DEMANDS FOR DISCOVERY AND REVIEW POLICE REPORTS
ATTEND TRIALS AND LEARN FROM EXPERIENCED TRIAL ATTORNEYS, PREPARE MOTIONS TO SUPPRESS AND MOTIONS TO DISMISS.
CONDUCT APPROPRIATE LEGAL RESEARCH
ACQUIRE SKILLS IN CRIMINAL LAW AND PROCEDURE BY ACTIVE PARTICIPATION
PARTICIPATE IN MARKETING PROJECTS AND PUBLIC RELATIONS ACTIVITIES
Update Lists of Prosecutors, Judges and Attorneys for publication of NJ Municipal Court Law Review.
Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude.
In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck. Minimum time commitment 10 hours per week.
Mail or fax cover letter and resume to Kenneth Vercammen, Esq. 732-572-0030 fax Public Defender for the Borough of Metuchen c/o 2053 Woodbridge Avenue, Edison, NJ 08817.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
In This Issue
_______________
1. Palimony expanded in New Jersey
2. Contract Like support/palimony case could be heard in Probate Court
3. Suit for tortious interference with a Bequest must be filed in Probate Court
4. Drug Court Expanded in NJ
5. Hardship Exemption to Avoid Driver License Suspension Explained
6. Volunteer Legal Interns Needed, Public Defender of Metuchen
--------------------------------------------------------------------------------
Greetings,
1. Palimony expanded in New Jersey.
Rosemary Connell v. Edward Diehl 01-08-08
A-2331-05T5
The court held in this palimony action that the supporting person's sole ownership of assets accumulated during their uninterrupted thirty-year cohabitation was not inconsistent with a promise of support for life. The court also held that the dependent person was not required to prove that she expected any remuneration for her efforts to contribute to their marital-type lifestyle over the years. Finally, the court held that a trial judge in calculating a lump-sum palimony award is not required to place the dependent person in the lifestyle she and the supporting person enjoyed, but rather to provide reasonable support sufficient to meet her minimal needs and prevent the necessity of public welfare, and in doing so must consider inflation in calculating the lump-sum award.
2. Contract Like support/ palimony case could be heard in Probate Court.
In the Matter of the Estate of Robert O. Quarg, deceased 1-23-08
A-2459-06T3
Decedent's wife, from whom he had been estranged for over forty years, appealed the Chancery Division's order imposing a constructive trust on her surviving spouse's share of decedent's intestate estate in favor of decedent's companion, with whom he had lived since shortly after the estrangement. The court held that, decedent's conduct and actions, together with the lengthy time decedent and his companion lived together, and their mutual consideration as husband and wife, was sufficient to establish a question of fact whether there was an implied promise by decedent to ensure that his companion received adequate provisions during the remainder of her life. The court determined that the Chancery Division mistakenly relied upon an equitable principle of a constructive trust and the court remanded the matter for a determination whether such an implied contractual promise could be established.
3. Suit for tortious interference with a Bequest must be filed in Probate Court Felix M. Garruto, et al. v. Lorraine Cannici 12-21-07.
A-2447-06T1
The Court held that an action for tortious interference with a bequest, premised upon undue influence by means of fraud, is barred when plaintiffs, with knowledge of probate proceedings, have failed to file a timely challenge to the will in probate court.
4. Drug Court Expanded in NJ. State v. Meyer 192 NJ 421 (2007)
Nonviolent drug-dependent defendants who are not eligible for special probation under N.J.S.A. 2C:35-14 may be admitted into Drug Court if they meet the admission requirements in the AOC's Drug Court Manual.
5. Hardship Exemption to Avoid Driver License Suspension Explained. State v. Bendix ___ NJ Super. ___ (App. Div. Decided October 11, 2007)
A-6508-05T3
The court concluded that the trial court took too restrictive a view of the court's discretion, under N.J.S.A. 2C:35-16a, to grant defendant a hardship exception from the requirement that his driver's license be suspended due to his conviction for drug offenses. In remanding for a new hearing on the exception issue, the court provided guidance as to the proper procedures for conducting the hearing. Defense counsel should present his client's application through formal witness testimony, and the State's opposition should likewise be presented through testimony rather than representations of counsel. (*Approved for Publication date).
6. Volunteer Legal Interns Needed - Public Defender of Metuchen
The Public Defenders provide Indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender now offers Wednesday night Internships. The Public Defender of Metuchen again invites college students interested in attending law school or a career in law enforcement to serve as volunteer interns. Can you spare one night per week to help indigent people in need?
Wednesday 4pm PM [approx]- 8:30 PM , Friday 9-2 optional
Mail or fax cover letter and resume to 732-572-0030 fax
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave.
Edison, NJ 08817
VOLUNTEER INTERNSHIP DESCRIPTION:
INTERVIEW CLIENTS FACING CHARGES IN MUNICIPAL COURT INCLUDING DRUG POSSESSION, DRUNK DRIVING, ASSAULT, THEFT, DRIVING WHILE SUSPENDED AND OTHER DISORDERLY AND TRAFFIC OFFENSES
MAKE DEMANDS FOR DISCOVERY AND REVIEW POLICE REPORTS
ATTEND TRIALS AND LEARN FROM EXPERIENCED TRIAL ATTORNEYS, PREPARE MOTIONS TO SUPPRESS AND MOTIONS TO DISMISS.
CONDUCT APPROPRIATE LEGAL RESEARCH
ACQUIRE SKILLS IN CRIMINAL LAW AND PROCEDURE BY ACTIVE PARTICIPATION
PARTICIPATE IN MARKETING PROJECTS AND PUBLIC RELATIONS ACTIVITIES
Update Lists of Prosecutors, Judges and Attorneys for publication of NJ Municipal Court Law Review.
Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude.
In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck. Minimum time commitment 10 hours per week.
Mail or fax cover letter and resume to Kenneth Vercammen, Esq. 732-572-0030 fax Public Defender for the Borough of Metuchen c/o 2053 Woodbridge Avenue, Edison, NJ 08817.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
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