2053 Woodbridge Avenue - Edison, NJ 08817

Monday, July 25, 2022

E644 VercammenLaw News

 

1. Problems if You Have No Will
2. Will Interview form – This is all we need to get started
3. July 21 Reminder Summer Thirsty Thursday music night /Annual Summer Blast
4 DWI sentence vacated when state failed to prove that prior conviction was not based on Alcotest breath sample held inadmissible
5. Bands and concerts 2022 and outdoor events  
 1. Problems if You Have No Will  
     If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:

1.        The procedure to distribute assets becomes more complicated and more expensive. It will require all of the children to select someone to be the Administrator, then all the children to sign a Renunciation Affidavit in front of a notary. If all the children do not sign the Renunciation Affidavit if front of notaries, then a Complaint and Order with have to be filed in the Superior Court. Cost over $3,000. The preparation of a Will for under $400 eliminates these costs.
2.        Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs often over $1,000 and extra legal fees
3.         State law determines who gets assets, not you. People who dislike you or don’t care about you can get your assets. Nothing to be received by grandchildren or charities you like.
4.         If you have no spouse or close relatives the State may take your property. Most people who rather have charities or friends get their money.
5.         It often causes fights and stress within your family and sometimes lawsuits
6. A Judge determines who gets custody of children or grand children. A greedy brother or crazy mother in law could ask the court for custody.
7.        You lose the opportunity to reduce State inheritance taxes and Federal estate taxes without improper planning

         When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with Financial concerns and estate problems if there is no Will or not prepared or signed properly. 

         Who don’t you want to receive your assets?
         Who is not the best choice to raise your children, or safeguard your children's money for college?   Do you want children, or grandchildren, to get money when they turn 18?  Will they invest money wisely, or go to Seaside and play games?
      Beware of online documents not prepared by an attorney. Never use a form on line. No one tries to do their own electrical work on their home anymore or change their own oil. Have a professional do it right.
2. Will Interview form – This is all we need to get started
Please type up & and email back 
1.   Your Full Name:   _____

2.    Spouse's Full Name:   First  Last   ___
                                   
3.  Your Address:  ____
              
4.    Cell:   ______  

1. PRIMARY Choice of Executor/Personal Representative in Power of Attorney:

Name: ______                          

2. SECOND Choice of Executor Name: 
Name: ______
In the Will- Who do you want to get your assets & who gets if beneficiary died:

Beneficiary (1) _______________________                  

Relationship _______________

Beneficiary (2) _______________________                  

Relationship _______________

Beneficiary (3) _______________________                  

Relationship _______________
 
   Any Specific Bequests of Money and Property :
_______________________

What questions do you have:__
3. July 21 Reminder Summer Thirsty Thursday music night /Annual Summer Blast  
Join Ken V on stage to sing The Wanderer by Dion
  Outdoor band and fun. Attend a fun inexpensive outdoor event. No cost to attend. Ken V will cover your first beverage. Food available for purchase or bring your own. More details on Facebook https://www.facebook.com/events/427883942003541
       If attending email Ken’s Law Office so we can put your name on the list for wristbands VercammenLaw@Njlaws.com        
     Please bring a canned food donation, which will help the St. Matthews’s St. Vincent DePaul Food Bank.

Location:
Edison Elks 2487
375 Old Post Road
Edison NJ 08817-4653
(732) 985-2487

Other events 
Judge Nieves retirement July 28 6pm-9
St. Charles Riverboat
401 Riverview Drive
Perth Amboy, New Jersey  08861

New Jersey Elks Miracle Run Committee Presents The 23rd Annual Miracle Run Sunday, July 31st, 2022
$20 donation per person to benefit people with special needs. 
Rain or shine Festivities start at noon at 
Hightstown Elks Lodge
110 Hickory Corner Rd. East Windsor, NJ
 4. Recent case DWI sentence vacated when state failed to prove that prior conviction was not based on Alcotest breath sample held inadmissible by Supreme Court, ruling stayed by Supreme court State v Zingis 471 N.J. Super. 590  (App. Div. 2022)
Defendant appeals his conviction after a trial de novo in the Law Division of driving while intoxicated (DWI), contrary to N.J.S.A. 39:4-50. He also appeals his sentence, arguing the court erred when it considered his conviction to be a second DWI offense for sentencing purposes.
The court affirms defendant's conviction. However, because the State did not prove beyond a reasonable doubt that his prior DWI conviction was not based on an Alcotest breath sample test result rendered inadmissible by the holding in State v. Cassidy, 235 N.J. 482 (2018), the court vacates his sentence, and remands for resentencing as a first offense.
Cassidy arose from the misconduct of State Trooper Marc Dennis who falsified Alcotest calibration records over a number of years. The Cassidy Court held that breath sample test results obtained on Alcotest instruments calibrated by Dennis are inadmissible, calling into question the validity of tens of thousands of DWI convictions based on such results. The Cassidy Court directed the State to provide notice to all defendants whose prior convictions were subject to challenge because they were based on test results from Alcotest instruments calibrated by Dennis. The State subsequently compiled a list of defendants who received notice as directed by Cassidy.
In the Zingis appeal, defendant was convicted of DWI during the time Dennis was falsely certifying Alcotest calibration records. At sentencing for the present offense, Zingis argued the State was required to produce the calibration records from his prior conviction to prove that Dennis was not involved in his conviction. The trial court agreed with the State's argument that the absence of defendant's name on the list of defendants who were sent a Cassidy notice was sufficient proof that defendant's prior conviction was not tainted by Dennis.
The court held that in the absence of evidence of how the Cassidy list was compiled and that it definitively includes all prior DWI convictions that relied on test results from Alcotest instruments calibrated by Dennis, the absence of a defendant's name on the list was insufficient proof that the defendant's prior conviction was not invalidated by Cassidy. The court made a similar holding with respect to the State's assertion, without supporting evidence, that Dennis was not involved in any DWI convictions that arose out of Camden County. The court noted that the burden of Dennis's malfeasance as a law enforcement officer falls on the State, which cannot escape on the grounds of convenience and expediency its obligation to prove that a prior conviction on which it relies for an enhanced sentence in a subsequent prosecution was not tainted by his misconduct.  

5. Bands and concerts 2022 and outdoor events  rev 7/20/22
Woodbridge HS Free Tribute Tuesdays, at Woodbridge High School  2022
Tribute Tuesdays at Woodbridge High School  2022
July 26: Gypsy (Stevie Nicks/Fleetwood Mac tribute)
Aug 2: Forever Ray (Ray Charles tribute)
Aug. 9: Beatlemania Again
Aug. 16: Beginnings (Chicago tribute)
Aug. 23: Guthrie Brothers
Aug. 30: The BStreet Band (Bruce Springsteen tribute)

Country Sundays, at Woodbridge High School 7pm sharp Country/Roots Sundays at Woodbridge High School
July 31: Deadgrass (bluegrass Jerry Garcia/Grateful Dead tribute)
Aug. 7: Kinderhook
Aug. 14: Pirate Flag (Kenny Chesney tribute)
Aug. 21: Jeff Slate’s Weekend Wilburys (The Traveling Wilburys tribute)
Aug. 28: Panama Dead (New Riders of the Purple Sage tribute)
Sept. 4: The Linda Ronstadt Experience [http://woodbridgeartsnj.org./country-sundays.html         source also https://www.njarts.net/free-events

Oldies Mondays, at Woodbridge High School  

July 25: Bobby Wilson (Jackie Wilson tribute)
Aug. 1: Shadows of the ’60s
Aug. 8: The Cameos
Aug. 15: The Capris
Aug. 22: The Del-Satins, featuring Stan Zizka
Aug. 29: The Infernos
Long Branch 2022 Thursdays By The Sea Free Concert Series
Thursdays · 7-8:30 PM · Pier Village
July 28 - The Cliffs
August 4 - After the Reign
August 11 - 9 South
August 18 - Taylor/Simon/King: 
Celebration of an American Troubadour
August 25 - Get Down Committee
September 1 - Brian Kirk & The Jirks (with Fireworks!)
https://www.jerseyfamilyfun.com/event/long-branch-summer-concerts-at-pier-village/2022-06-16/
also Sunday Long Branch 7pm Bands by the Beach at West End Park.

July 28: Peanut Butter Bridges Band
Aug. 4: Parrot Beach
Aug. 11: Colossal Street Jam
Aug. 18: Pat Guadagno & Friends
Aug. 25: Turnstyles    https://www.njarts.net/free-events

      Wednesday   Raritan Bay Waterfront Park
South Amboy/Sayreville Beach Front - O’Leary Boulevard, South Amboy, N.J.   Concerts held on Wednesday evenings, 6:30pm to 8:30pm

Ring of Fire – A Tribute to the Man in Black – Johnny Cash
Wednesday, August 3, 2022
Parkway Soul – A Variety of Motown Classics
Wednesday, August 10, 2022    
Underwater Airlines – A Classic Rockin’ Band
Wednesday, August 17, 2022  
The Perry Brothers – Irish Favorites and more  
Wednesday, August 24, 2022

       Friday night Keansburg Summer Concerts Schedule
AT 7 PM – 9 PM
Keansburg Summer Beach Concert Series: Asbury Fever
Beachway Ave, Keansburg, NJ 07734, United States


     Bayonne Division of Recreation   Summer Sounds by the Bay Concert Series https://www.bayonnenj.org/News/View/10220/division-of-recreation-announces-the-2022-summer-sounds-by-the-bay-music-series
July 27th – Long Live the Beatles Show! Bayonne
August 10th – Lights Out Beach Boys Bayonne
August 17th – Amish Outlaws Bayonne

Plus Inexpensive outdoor music, support live music

Donovan's Reef Tuesday night dead bands

8/7  Fleetwood East Windsor
8/21 B street  East Windsor
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E643 VercammenLaw News

 
1. Summer Thirsty Thursday music night /Annual Summer Blast
2. Suspension of DL by MVC after 7 plus violations not arbitrary, capricious or unreasonable
3. Expungement denial remanded to Law Division for full hearing
4. Upcoming Running Races for Charity July-August
5. Ottis Anderson Hero of Giants win in Super Bowl appeared at NJ Bar Annual Meeting
1. Summer Thirsty Thursday music night /Annual Summer Blast
 Greetings. For many years different Sections of the NJ State Bar Association Every and Professional groups co-sponsored a Happy Hour and Social event at Bar Anticipation in Belmar. Unfortunately, Bar A has stopped the Friday Happy Hours.
            I was contacted by numerous persons to suggest setting up a summer social  event. To keep the tradition going of having the Annual Summer blast, friends, clients, Attorneys, Professional  and anyone receiving our newsletter is invited to the  July 21 event.
Summer Thirsty Thursday music night 
July 21 at 6:30pm at the Edison Elks.
  Outdoor band and fun. Attend a fun inexpensive outdoor event. No cost to attend. Ken V will cover your first beverage. Food available for purchase or bring your own. More details on Facebook https://www.facebook.com/events/427883942003541
       If attending email Ken’s Law Office so we can put your name on the list for wristbands VercammenLaw@Njlaws.com        
     Please bring a canned food donation, which will help the St. Matthews’s St. Vincent DePaul Food Bank.
Location:
Edison Elks 2487
375 Old Post Road
Edison NJ 08817-4653
(732) 985-2487

Also 2022 Annual Update Wills and Estate Planning Free Workshop & Seminar Facebook Live and in person in Edison Law Office

July 20, 2022 at 12:15-1:00 PM   Live in office 
         Program  can also be watched on your computer or IPhone via Facebook live

Law Office of Kenneth Vercammen, 
2053 Woodbridge Ave, Edison, NJ 08817  
   The “In office” program is limited to 9 people. Please bring a canned food donation. 

      COST: Free for in person if you pre-register by email. Complimentary materials provided at 12:00 sharp. Please bring a canned food donation, which will be given to the St. Matthews’s St. Vincent DePaul Food Bank.  
          Co-Sponsor: Middlesex County Estate Planning Council
To attend in person email VercammenLaw@Njlaws.com
Other Information call 732-572-0500
  Recent cases
2. Suspension of DL by MVC after 7 plus violations not arbitrary, capricious or unreasonable Richardson v. NJ  Motor Vehicle Comm
Petitioner appealed the suspension of his driver's license. Petitioner received his probationary driver's license in 2018. Since receiving his license, he committed seven motor vehicle violations. After his first three violations, he was required to complete a probationary driver program. He committed three more violations while enrolled in the program. He committed another violation three months after the program ended and his license was suspended. Petitioner argued Motor Vehicle Commission failed to consider that his license suspension created a hardship, which constituted good cause for warranting a deviation from N.J.S.A. 39:5-30.10. Court found MVC properly weighed and balanced petitioner's circumstance with the mandated suspension period and its decision was not arbitrary, capricious or unreasonable. Unreported Source Daily Briefing 11-10-21  

3. Expungement denial remanded to Law Division for full hearing   
 In the Matter of the Expungement of the Criminal Records of R.B.C., Appellate Division, Petitioner appealed the denial of his petition to expunge records related to his six convictions for municipal ordinance violations. Petitioner completed a term of special probation in the Drug Court Program and filed to expunge the records relating to 18 prior convictions that occurred between 2000 and 2013. Twelve of those convictions were for Title 2C offenses, the other six offenses had been downgraded to municipal ordinance violations from Title 2C offenses. Prosecution objected to the expungement of the municipal ordinance convictions and argued they were not eligible for expungement under the Drug Court Exception. Petitioner argued that because he was initially arrested and charged with a Title 2C offense before the charges were downgraded, all the records were eligible for expungement. Trial court signed an order granting and denying the petition in part but never communicated with petitioner or his attorney concerning the petition or any decision it reached in the matter, did not identify what portion of the petition was denied and offered no basis for the ruling. Court found trial court stated it conducted a hearing but it did not, it did not make any findings of fact or conclusions of law and did not address the parties' conflicting positions as to whether the municipal convictions were eligible for expungement under N.J.S.A. 2C:35-14(m)(5). unreported
Daily Briefing - 02-04-22
 4. Upcoming Running Races for Charity July-August
Jul 09, 2022 Spring Lake Ocean Mile Swim Saturday 8:00AM             https://www.raceforum.com/slswim
  RVRR Summer series 7/12, 7/26
Tuesday night Raritan Valley Road Runners RVRR 5k summer series Highland Park Donaldson Park  7pm  https://www.rvrr.org/races/summer-series

Jul 16, 2022 Sea Bright Andy Rooney Ocean Mile Swim 7:30AM   Saturday

July 16   Five Mile five bar Rumson new pub run Belmar Train Station
10:17a.m.

July 24 East Brunswick 5K Run/Walk Supporting Veterans and Their Needs BY the VFW 9am Sun

7/31  Running with Balloons 5k  


also Freehold FARC summer RACE DATES: Every Wednesday night June -July
Monmouth Battlefield

Lake Takanassee Summer Series Mon July 11 - Tue August 16, 2022 6:45 Long Branch, NJ 07740 https://runsignup.com/Race/NJ/LongBranch/LakeTakanasseeSummerSeries

8/3  Woodbridge Pizza 4 miler: https://runsignup.com/Race/NJ/Sewaren/DowntownWoodbridge4MilePizzaExtravaganza  Wednesday  
Or 
8/3 RVRR pub crawl

August 6 - Sea Girt 5K – Saturday http://seagirt5k.com   

Sat August 13, 2022 Asbury Park Sheehan Classic 5k – Saturday   SAC

Aug 14 Long Branch 1 Mile Ocean Swim
https://www.facebook.com/LongBranchMile  

5.Ottis Anderson Hero of Giants win in Super Bowl appearing at NJAJ Boardwalk seminar
Ottis Jerome Anderson (born January 19, 1957) is an American former football running back who played in the National Football League (NFL) for 14 seasons with the St. Louis Cardinals and New York Giants. Anderson won two Super Bowl titles in Super Bowl XXI and Super Bowl XXV 1991 . Anderson was named MVP of the latter after playing a central part in the Giants' ball-control offense that allowed them to set the Super Bowl record for time of possession. He played college football at U of Miami [Where Dr. Brendan Vercammen went] He was selected eighth overall in the 1979 NFL Draft by the Cardinals, where he spent his first eight seasons. In his first season, Anderson was named Offensive Rookie of the Year and received Pro Bowl and first-team All-Pro honors. He also received a second Pro Bowl selection the following year. Traded to the Giants in 1986 amid a production decline, Anderson won two Super Bowl titles in Super Bowl XXI and Super Bowl XXV 1991 . Anderson was named MVP of the latter after playing a central part in the Giants' ball-control offense that allowed them to set the Super Bowl record for time of possession.
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