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. New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

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.

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