NJ Laws Email Newsletter E265
Kenneth Vercammen, Attorney at Law January 3, 2008
In This Issue
_______________
1. Happy New Year!
2. FREEZING COLD HASH RUN: details and free T shirts and fun for volunteers.
3. New Year's Resolution- Put your estate planning in order.
4. Recent cases. After DV and Firearm Seized. No Firearm Purchaser Card Can Issue.
5. Local Ordinance Can Prohibit Rat Balloon.
6. Qualified Disability Trust.
__________________________________________________________________________
Greetings.
1. Happy New Year
I would like to thank my friends for another banner year in 2007. This year was our single best year for referrals. So many of you were kind enough to tell others about our services.
Since 1985, I have helped individuals and businesses with legal matters. With changing laws, it is important that your estate planning documents are updated to reflect your most valuable investments. As you know, all business must grow, and one of the safest ways to grow is to get referrals from satisfied clients.
Thank you for referring friends and family.
May 2008 bring happiness and good health to you and those you love.
2. FREEZING COLD HASH RUN: details and free T shirts and fun for volunteers. Sat. Jan. 5, 2008 10:00am
4-6 MILE GROUP RUN
START: Ken Vercammen Law Office, 2053 Woodbridge Ave., Edison, NJ 08817 [near the Nixon Post Office]
COST: NO FEE TO RUN. Please bring a canned food donation for the St. James Food Bank. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense of humor is a must.
Wear Yellow. We need 3 volunteers to help set up at 8am and pass out trail running instructions. You can volunteer even if you are not running. Free Yellow T-Shirt and beers for volunteers!
www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
PLEASE PASS THIS ALONG TO OTHER RUNNERS.
PLEASE REMIND THEM OF CANNED FOOD DONATIONS TO THE ST. JAMES FOOD BANK.
3. New Year's Resolution - Put your estate planning in order.
You need a Power of Attorney and Living Will/ Advance Directive. Modern medicine and machinery can keep a person alive for long periods of time.
Unfortunately, a person is often kept alive in great pain or under circumstances that render him or her unconscious as to everything around them, while causing pain and anguish to the family.
Our state has passed a "Living Will" law, often called a "Death with Dignity" law, which allows a person to direct that heroic measures not be taken to prolong life in these unhappy situations.
This "Living Will" is not a substitute for a regular Will, which affects property rights. The "Living Will" is an independent document to be signed in addition to your regular Will.
Please let us know if you want a Living Will/ Advance Directive prepared.
4. Recent cases. After DV and Firearm Seized. No Firearm Purchaser Card Can Issue. M.S. v. Millburn Police Department 395 NJ Super. 638 (App. Div. 2007)
The prohibition set by N.J.S.A. 2C:58-3c(8) that a Firearms Purchase Identification card shall not be issued "[t]o any person whose firearm is seized pursuant to the 'Prevention of Domestic Violence Act of 1991'...and whose firearm has not been returned," survives even if, as in the case here, the domestic violence restraining order is vacated.
5. Local Ordinance Can Prohibit Rat Balloon. State v. DeAngelo ___ NJ Super. ___ (App. Div. Decided June 28, 2007) A-4229-05T3.
The focus of this appeal is the enforceability of a municipal ordinance that prevents the display of a large balloon in the shape of a rat during a labor dispute. The court held that the ordinance, which does not affect the parties' rights in the labor dispute, is not preempted by the National Labor Relations, Act (NLRA) 29 U.S.C.A. §151-69, nor does it abridge any party's freedom of expression. The ordinance is not void for vagueness. It is content-neutral and the record does not support a claim that it was selectively inferred.
Judge Sabatino dissents in part. He perceives a lack of content neutrality in the ordinance because it allows balloon grand opening signs.
6. QUALIFIED DISABILITY TRUST
By Thomas D. Begley, Jr., Esquire c (2008)
Introduction
A Qualified Disability Trust is a form of Special Needs Trust that allows the trust to take advantage of a personal exemption for income tax purposes. The trust must meet the requirements set forth in the Internal Revenue Code and the trust must be designed to meet the requirements of 42 U.S.C. §1396p(c)(2)(B)(iv).
A Qualified Disability Trust must be a non-grantor trust.
A Self-Settled Special Needs Trust is always a grantor trust.
A Qualified Disability Trust must be a third party trust.
Qualified Disability Trust Requirements
To satisfy the requirements of the Code a Qualified Disability Trust must be an:
· irrevocable trust
· established "solely for the benefit of"
· an individual under age 65
· who is disabled as defined in the Social Security Act 42 U.S.C. §1382c(a)(3).
The "sole benefit" requirement is met only if no other person or entity can benefit from the transferred resources at the time of the transfer or for the remainder of that person's life. The sole benefit of requirement cannot be met unless the trust is irrevocable.
The disability test is met if the beneficiary is disabled for some portion of the tax year for which the exemption is claimed. However, there must be a determination of disability by SSA.
Personal Exemption
A Qualified Disability Trust is allowed a deduction equal to the personal exemption.
A Qualified Disability Trust is defined as any trust if:
· The trust is a disability trust described in 42 U.S.C. §1396p(c)(2)(B)(iv) discussed above and all of the beneficiaries of the trust as the close of the taxable year are determined by SSA to have been disabled within the meaning of 42 U.S.C. §1382c(e)(3) for some portion of such year.
The trust does not fail to meet the requirement that all beneficiaries must be disabled merely because the corpus of the trust may revert to a person who is not so disabled after the trust ceases to have any beneficiary who is disabled.
Effect of a Qualified Disability Trust
Generally, a trustee must file an income tax return for a trust that has:
· any taxable income for the year;
· gross income of $600 or more; or
· a beneficiary who is a non-resident alien.
A Qualified Disability Trust is granted a personal exemption by the I.R.S. Net income retained by the trust up to the amount of the personal exemption is not taxed. The trust pays income tax on any retained income in excess of the personal exemption amount. The personal exemption amount is determined as follows:
· If the trust is required to or actually distributes all of its income, the personal exemption is $300
· If the trust accumulates income, the personal exemption is $100.
· The Qualified Disability Trust receive a personal exemption in the same amount as an individual. For 2007, that amount is $3,400.10.
The ability of the trust to use the personal exemption is significant because trust marginal income tax bracket rise steeply. For 2007, a trust pays tax at the marginal federal rate of 35% on net income over $10,450.
To the extent that income is distributed from the trust, it is taxable to the beneficiary at the beneficiary's lower income tax rate. A Qualified Disability Trust enables the trust to retain some income and have it offset by the trust personal exemption.
The ability to retain income in the special needs trust makes it an attractive tax advantaged savings vehicle. If the accumulated tax-free income is distributed in the later year, it will be a tax-free principal distribution.
Whether capital gains income is considered income for trust accounting purposes is left to the discretion of the trustee. The only restriction is that the trustee must be consistent from year to year.
Begley & Bookbinder, P.C. is an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law Seminar and co-author with Kenneth Vercammen, Martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
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
Thursday, January 03, 2008
Thursday, December 20, 2007
NJ Laws Email Newsletter E264 - December 20, 2007
NJ Laws Email Newsletter E264
Kenneth Vercammen, Attorney at Law December 20, 2007
In This Issue
_______________
1. More Holiday cheer at this great site.
2. Recent cases: Lack of Notice to Victim Not Grounds to Vacate Plea.
3. 3rd DWI Requires 90 Consecutive Days in jail, no weekends.
4. Police Can Use An Electronic Tracking Device to Trace a Stolen Cell Phone
5. Balance Billing between the Medicaid program and the Medicare program. By Thomas D. Begley, Jr., Esquire
6. More articles added to website www.njlaws.com
_____________________________________________________________
1. More Holiday cheer at this great site: http://holidays.blastcomm.com/
HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
Wesoly Siat, Bozega Narodzenia (Merry Christmas in Polish)
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA
2. Recent cases: Lack of Notice to Victim Not Grounds to Vacate Plea. State v. Means 191 NJ 670 (2007).
A trial court may not set aside a plea agreement solely because the prosecutor failed to notify the victims prior to entering into the plea agreement.
3. 3rd DWI Requires 90 Consecutive Days in jail, no weekends. State v. Kotsev ___ NJ Super. ___ (App. Div. Decided July 23, 2007) A-3256-05T5.
1. N.J.S.A. 39:4-50 mandates a minimum of ninety consecutive days incarceration for a third or subsequent conviction for driving while intoxicated (DWI). Sheriff's Labor Assistance Programs (SLAP) and weekend service are not substitute sentencing for third or subsequent offenders.
2. The 1993 statute mandated a third or subsequent offender to serve 180 days incarceration "except that the court may lower such term for each day, not exceeding ninety days, served performing community service." No other options are available.
3. The 2004 amendment to N.J.S.A. 39:4-50, commonly referred to as Michael's Law, similarly mandates 180 days incarceration but allows a reduction of one day for each day, not exceeding ninety days, in an inpatient rehabilitation program.
A third or subsequent DWI conviction, under the current statute requires a defendant to serve a minimum of ninety consecutive days of incarceration.
4. Police Can Use An Electronic Tracking Device to Trace a Stolen Cell Phone. State v. Laboo ___ NJ Super. ___ (App. Div. Decided August 28, 2007) A-3746-06T5.
Three individual committed a string of armed robberies over the course of a one-hour period, taking items that included two cell phones. Approximately thirty hours after the last robbery, police used a tracking device to track one of the stolen cell phones to a three-family home located in a high crime area. Three officers entered the building and used a handheld tracking device to determine the exact apartment. An officer knocked on the apartment door and announced that he was a police officer. The officer then heard a young female yelling and a man's voice saying "shut up, shut up, 5-0," and scurrying inside the apartment. Without obtaining a warrant, the officers forcibly entered the apartment, wherein they found evidence from the robberies.
The Court reversed the law division's order suppressing the evidence. The search was justified because the exigent circumstances, although police-created, arose as a result of reasonable investigative conduct. The Court held that the police were not required to procure a warrant because a delay presented a real potential danger to the officers and public, under the circumstances.
5. Balance Billing between the Medicaid program and the Medicare program. By Thomas D. Begley, Jr., Esquire
There is a significant difference on the issue of balance billing between the Medicaid program and the Medicare program.
1. Medicaid. Medicaid reimbursement rates are very low and as a result it is often difficult to obtain services because providers refuse to accept Medicaid. It is not possible for the patient to pay the difference between the private pay rate and the Medicaid pay rate. This is known as balance billing. Medicaid participating providers must accept the Medicaid payment as "payment in full."[1] This means that providers accepting Medicaid waive their right to bill Medicaid beneficiaries for any amounts over the Medicaid payment.
Several states have refused to allow providers to assert liens against Medicaid beneficiaries where there is clear third party liability and the Medicaid beneficiary has obtained a significant tort recovery.
In Illinois,[2] the hospital brought an action against the Medicaid agency to allow it to refund the Medicaid reimbursement so that it could sue the Medicaid beneficiary who had obtained a substantial tort judgment. The Seventh Circuit held that the hospital could not refund the Medicaid payment to the Medicaid agency and sue the Medicaid beneficiary. The Court noted, "Medicaid is a payer of last resort." The state can seek reimbursement from third parties, but private providers may not.
In a similar case in Florida,[3] the hospital placed a lien on the settlement award, but the court held that when a Medicaid patient obtains a tort recovery in excess of the medical expenditures paid by Medicaid, that recovery is meant to go to the injured party, not the provider. A similar result was reached in another Florida case.[4]
A federal appellate court has found that a hospital's lien on the proceeds of a malpractice settlement was invalid and unenforceable because the hospital had already accepted Medicaid payments for the care provided to the patient.[5] "By accepting Medicaid payments, Spectrum waived its right to its customary fee for services provided to Bowling..." "Although Medicaid rates are typically lower than a service provider's customary fees, medical service providers must accept state-approved Medicaid payment as payment in full and may not require that patients pay anything beyond that amount."
California invalidated two state statutes authorizing provider liens against Medicaid beneficiaries.[6] The statutes authorized providers to file liens against recoveries obtained by Medicaid beneficiaries even after the provider received Medicaid. The court found that the state statutes were preempted by federal legislation banning balance billing.
2. Medicare. Previously, Medicare had a prohibition against billing Medicare beneficiaries in excess of the payment made by Medicare. Participation has been limited to providers who agreed to accept Medicare as payment in full. Recent changes in the Medicare law[7] now permit a provider to bill a Medicare beneficiary or assert a lien against the beneficiary's recovery obtained from the tortfeasor by way of settlement or award.[8]
In the seminal case,[9] a hospital sought to recover from the Medicare patient more than it received from Medicare reimbursement. The 1st Circuit held that the fact that the patient recovered more than Medicare reimbursed the hospital did not entitle the hospital to charge the patient the difference between its full fee and Medicare's lower flat fee. The agreement between Medicare and the hospital was that in exchange for Medicare guaranteeing payment to the hospital, there would be no additional payment required from the Medicare beneficiary.
The recent changes now allow providers to bill the liability insurer or place a lien against the Medicare beneficiary's recovery.
1. 42 U.S.C. §1396a(a)(25)(c); 42 C.F.R. §447.15; 42 U.S.C. §1320a-7b(d) .
2. Evanston Hospital v. Hauck, 1 F.3d 540 (7th Cir. 1993).
3. Mallo v. Public Health Trust of Dade County, 88 F.Supp.2d 1376 (S.D. Fla. 2000).
4. Public Health Trust of Dade County v. Dade County School Board, 693 So.2d 562 (Fla. Dist. Ct. App. 1996).
5. Spectrum v. Bowling, 410 F.3d 304 (6th Cir. 2005).
6. Olszewski v. Scripps Health, 135 Cal. Rptr. 2d 1 (Cal. 2003).
7. 68 Fed. Reg. 43940 (July 25, 2003).
8. 42 C.F.R. 411.54(c)(2).
9. Rybicki v. Hartley, 782 F.2d 260 (1st Cir. 1986).
Copyright 2007 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, Martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
6. More articles added to website www.njlaws.com
Bail Bonds
Bail rights If Charged With A Criminal Offense
BENT V.TOWNSHIP OF STAFFORD (Public records request needs to be specific)
Birth Injury Cases
Breath machine (Alcotest 7110)
BRESOCNIK v. GALLEGOS (The Hand Delivery of This Letter To Ex-Wife Is Not 'Harassment'.)
buda (STATE v. BUDA)
Burglar's Tools 2C:5-5
CDS Public Property 2C:35-7.1
CDS fraud 2C:35-13
Car Accident (What to Do in an Accident)
Car Accident (What to Do in an Accident)2
Careless
Careless Driving Proof
CASINELLI v. MANGLAPUS
Child Abuse
Child Day Care Injuries
Child Support continues after age 18
Chun Facts (Judge King releases findings regarding 7110 Alcotest DWI machine)
Cigarettes (Sale of cigarettes to persons under age 19) 2C:33-13.1
Civil Arbitration
Client Testimonials
Confidential (Attorney- Client Confidential Relationship)
Contempt (Judge cannot hold lawyer in contempt without OSC and hearing.)
Contempt of Domestic Violence Restraining Order 2C:29-9b
Credit Cards 2C:21-6
Criminal Attorney (Fines for Criminal Charges in New Jersey)
Cross Examination
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
Kenneth Vercammen, Attorney at Law December 20, 2007
In This Issue
_______________
1. More Holiday cheer at this great site.
2. Recent cases: Lack of Notice to Victim Not Grounds to Vacate Plea.
3. 3rd DWI Requires 90 Consecutive Days in jail, no weekends.
4. Police Can Use An Electronic Tracking Device to Trace a Stolen Cell Phone
5. Balance Billing between the Medicaid program and the Medicare program. By Thomas D. Begley, Jr., Esquire
6. More articles added to website www.njlaws.com
_____________________________________________________________
1. More Holiday cheer at this great site: http://holidays.blastcomm.com/
HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
Wesoly Siat, Bozega Narodzenia (Merry Christmas in Polish)
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA
2. Recent cases: Lack of Notice to Victim Not Grounds to Vacate Plea. State v. Means 191 NJ 670 (2007).
A trial court may not set aside a plea agreement solely because the prosecutor failed to notify the victims prior to entering into the plea agreement.
3. 3rd DWI Requires 90 Consecutive Days in jail, no weekends. State v. Kotsev ___ NJ Super. ___ (App. Div. Decided July 23, 2007) A-3256-05T5.
1. N.J.S.A. 39:4-50 mandates a minimum of ninety consecutive days incarceration for a third or subsequent conviction for driving while intoxicated (DWI). Sheriff's Labor Assistance Programs (SLAP) and weekend service are not substitute sentencing for third or subsequent offenders.
2. The 1993 statute mandated a third or subsequent offender to serve 180 days incarceration "except that the court may lower such term for each day, not exceeding ninety days, served performing community service." No other options are available.
3. The 2004 amendment to N.J.S.A. 39:4-50, commonly referred to as Michael's Law, similarly mandates 180 days incarceration but allows a reduction of one day for each day, not exceeding ninety days, in an inpatient rehabilitation program.
A third or subsequent DWI conviction, under the current statute requires a defendant to serve a minimum of ninety consecutive days of incarceration.
4. Police Can Use An Electronic Tracking Device to Trace a Stolen Cell Phone. State v. Laboo ___ NJ Super. ___ (App. Div. Decided August 28, 2007) A-3746-06T5.
Three individual committed a string of armed robberies over the course of a one-hour period, taking items that included two cell phones. Approximately thirty hours after the last robbery, police used a tracking device to track one of the stolen cell phones to a three-family home located in a high crime area. Three officers entered the building and used a handheld tracking device to determine the exact apartment. An officer knocked on the apartment door and announced that he was a police officer. The officer then heard a young female yelling and a man's voice saying "shut up, shut up, 5-0," and scurrying inside the apartment. Without obtaining a warrant, the officers forcibly entered the apartment, wherein they found evidence from the robberies.
The Court reversed the law division's order suppressing the evidence. The search was justified because the exigent circumstances, although police-created, arose as a result of reasonable investigative conduct. The Court held that the police were not required to procure a warrant because a delay presented a real potential danger to the officers and public, under the circumstances.
5. Balance Billing between the Medicaid program and the Medicare program. By Thomas D. Begley, Jr., Esquire
There is a significant difference on the issue of balance billing between the Medicaid program and the Medicare program.
1. Medicaid. Medicaid reimbursement rates are very low and as a result it is often difficult to obtain services because providers refuse to accept Medicaid. It is not possible for the patient to pay the difference between the private pay rate and the Medicaid pay rate. This is known as balance billing. Medicaid participating providers must accept the Medicaid payment as "payment in full."[1] This means that providers accepting Medicaid waive their right to bill Medicaid beneficiaries for any amounts over the Medicaid payment.
Several states have refused to allow providers to assert liens against Medicaid beneficiaries where there is clear third party liability and the Medicaid beneficiary has obtained a significant tort recovery.
In Illinois,[2] the hospital brought an action against the Medicaid agency to allow it to refund the Medicaid reimbursement so that it could sue the Medicaid beneficiary who had obtained a substantial tort judgment. The Seventh Circuit held that the hospital could not refund the Medicaid payment to the Medicaid agency and sue the Medicaid beneficiary. The Court noted, "Medicaid is a payer of last resort." The state can seek reimbursement from third parties, but private providers may not.
In a similar case in Florida,[3] the hospital placed a lien on the settlement award, but the court held that when a Medicaid patient obtains a tort recovery in excess of the medical expenditures paid by Medicaid, that recovery is meant to go to the injured party, not the provider. A similar result was reached in another Florida case.[4]
A federal appellate court has found that a hospital's lien on the proceeds of a malpractice settlement was invalid and unenforceable because the hospital had already accepted Medicaid payments for the care provided to the patient.[5] "By accepting Medicaid payments, Spectrum waived its right to its customary fee for services provided to Bowling..." "Although Medicaid rates are typically lower than a service provider's customary fees, medical service providers must accept state-approved Medicaid payment as payment in full and may not require that patients pay anything beyond that amount."
California invalidated two state statutes authorizing provider liens against Medicaid beneficiaries.[6] The statutes authorized providers to file liens against recoveries obtained by Medicaid beneficiaries even after the provider received Medicaid. The court found that the state statutes were preempted by federal legislation banning balance billing.
2. Medicare. Previously, Medicare had a prohibition against billing Medicare beneficiaries in excess of the payment made by Medicare. Participation has been limited to providers who agreed to accept Medicare as payment in full. Recent changes in the Medicare law[7] now permit a provider to bill a Medicare beneficiary or assert a lien against the beneficiary's recovery obtained from the tortfeasor by way of settlement or award.[8]
In the seminal case,[9] a hospital sought to recover from the Medicare patient more than it received from Medicare reimbursement. The 1st Circuit held that the fact that the patient recovered more than Medicare reimbursed the hospital did not entitle the hospital to charge the patient the difference between its full fee and Medicare's lower flat fee. The agreement between Medicare and the hospital was that in exchange for Medicare guaranteeing payment to the hospital, there would be no additional payment required from the Medicare beneficiary.
The recent changes now allow providers to bill the liability insurer or place a lien against the Medicare beneficiary's recovery.
1. 42 U.S.C. §1396a(a)(25)(c); 42 C.F.R. §447.15; 42 U.S.C. §1320a-7b(d) .
2. Evanston Hospital v. Hauck, 1 F.3d 540 (7th Cir. 1993).
3. Mallo v. Public Health Trust of Dade County, 88 F.Supp.2d 1376 (S.D. Fla. 2000).
4. Public Health Trust of Dade County v. Dade County School Board, 693 So.2d 562 (Fla. Dist. Ct. App. 1996).
5. Spectrum v. Bowling, 410 F.3d 304 (6th Cir. 2005).
6. Olszewski v. Scripps Health, 135 Cal. Rptr. 2d 1 (Cal. 2003).
7. 68 Fed. Reg. 43940 (July 25, 2003).
8. 42 C.F.R. 411.54(c)(2).
9. Rybicki v. Hartley, 782 F.2d 260 (1st Cir. 1986).
Copyright 2007 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, Martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
6. More articles added to website www.njlaws.com
Bail Bonds
Bail rights If Charged With A Criminal Offense
BENT V.TOWNSHIP OF STAFFORD (Public records request needs to be specific)
Birth Injury Cases
Breath machine (Alcotest 7110)
BRESOCNIK v. GALLEGOS (The Hand Delivery of This Letter To Ex-Wife Is Not 'Harassment'.)
buda (STATE v. BUDA)
Burglar's Tools 2C:5-5
CDS Public Property 2C:35-7.1
CDS fraud 2C:35-13
Car Accident (What to Do in an Accident)
Car Accident (What to Do in an Accident)2
Careless
Careless Driving Proof
CASINELLI v. MANGLAPUS
Child Abuse
Child Day Care Injuries
Child Support continues after age 18
Chun Facts (Judge King releases findings regarding 7110 Alcotest DWI machine)
Cigarettes (Sale of cigarettes to persons under age 19) 2C:33-13.1
Civil Arbitration
Client Testimonials
Confidential (Attorney- Client Confidential Relationship)
Contempt (Judge cannot hold lawyer in contempt without OSC and hearing.)
Contempt of Domestic Violence Restraining Order 2C:29-9b
Credit Cards 2C:21-6
Criminal Attorney (Fines for Criminal Charges in New Jersey)
Cross Examination
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
Wednesday, December 12, 2007
NJ Laws Email Newsletter E263 - December 12, 2007
Kenneth Vercammen, Attorney at Law December 12, 2007
In This Issue
_______________
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.
2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene
3. Santa Claus Welcomes You to Claus.com
4. Holly Jolly Christmas lyrics
5. FREEZING COLD HASH RUN Sat. Jan. 5, 2008 10:00am 4 -6 MILE GROUP RUN.
6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce
7. Recent articles added to website.
______________________________________________
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.).
See Christmas/ Holiday photo with world's fastest dog at: http://www.njlaws.com/holiday2007.htm
The Holiday/Christmas time is the Season for giving.
Therefore, instead of mailing out cards to businesses, we will be making a donation to the St. James Food Bank located at 2136 Woodbridge Ave, Edison, NJ and offering the following gifts to friends and clients:
* T-Shirts "My attorney fights to win"
* Can Coozies
* Water Bottles
* USA Key Chains
* Refrigerator Magnet Clips
* 2008 Flag Calendar "America the Beautiful"
* Wallet 2008 Calendar
* Wallet Size "What to do in accident"
2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene. State v. Fisher 395 NJ Super. 533 (App. Div. 2007)
Pursuant to N.J.S.A. 2C:11-5., a driver involved in a motor vehicle accident that results in a death of another person is guilty of a crime if the driver fails to comply with the requirements of N.J.S.A. 39:4-129. The driver must either remain at the scene to provide his or her driving credentials to designated persons or report the accident and his or her identity to the nearest officer of the local police department, county police or the State Police. Compliance with those requirements would preclude prosecution under N.J.S.A. 2C:11-5.1.
Moreover, compliance with those requirements would not violate the driver's privilege against self-incrimination. As the United States Supreme Court recognized in California v. Byers, disclosure of name and address is essentially a neutral act and most accidents occur without creating criminal liability. Under the facts of this case, there was no reasonable bases for the driver to apprehend prosecution, inasmuch as the decedent had been crouching or lying near the middle of the road. If, under different facts, compliance with the statutory requirements did pose a legitimate risk of self-incrimination, it might be necessary to accord compliant drivers use or derivative-use immunity as outlined in State v. Patton.
3. Santa Claus Welcomes You to Claus.com.
CLAUS.COM is one of the top-rated Santa Claus websites and is known around the world.
Santa Claus has the North Pole Village full of fun things to do for both kids and parents, including lots of new things this year. Check your Naughty or Nice rating. Choose your very own Elf Buddy. Play games in Elf School. Print your Honorary Elf Diploma. Sing along with new original Christmas songs. Try funny holiday recipes. Visit the amazing Toy Workshop. Send E-mail to Santa Claus. Follow Santa Claus in his sleigh on Christmas Eve. See how many cookies Santa Claus eats on his trip. Wonderful illustrations and a creative family experience. http://www.claus.com/index.php
4. Holly Jolly Christmas Lyrics.
Have a holly, jolly Christmas,
It's the best time of the year
I don't know if there'll be snow,
But have a cup of cheer.
Have a holly, jolly Christmas,
And when you walk down the street,
Say "Hello" to friends you know
And everyone you meet.
Oh, Ho, the mistletoe,
Hung where you can see,
Somebody waits for you,
Kiss her once for me.
Have a holly, jolly Christmas,
And in case you didn't hear,
Oh by golly, have a holly,
Jolly Christmas this year.
by Johnny Marks
5. FREEZING COLD HASH RUN
START:
Kenneth Vercammen Law Office
2053 Woodbridge Ave., Edison, NJ
[near the Nixon Post Office]
We then drive to the secret start.
POTENTIAL EXCITING DANGERS/ CHALLENGES
if you get lost.
- Buried bombs with mustard gas
- Slide on Mud on cliffs
- Get bitten by starving animals
- Slip on Ice and break bones
- Exploding Gas Pipelines
- Cut your leg on sharp Branches
- Slip on Snow and Break Arm
- Touch 29,000 Volts of Electricity
- Run into Tree Branches, Poke Eye Out
- Angry deer with huge antlers
- Fall off Bridges into Cold Water
- Frozen Rats & other dead animals
- Sticker Bushes
- Crawl under barbed wire
- Bad Drivers from New York Who Don't Speak English
The Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh.
Brought to you by the Rumson Hash House Harriers.
COST: NO FEE TO RUN. Bring a canned food donation for the St. James Food Bank.
FREE BEER FOR WOMEN 21-69
$5.00 FOR THE POST RUN SOCIAL, HELD AT THE GREEN DERBY BAR. SITE OF THE "ON-ON" BREWS. A fun time is guaranteed! Wear old running shoes. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must. Prizes and giveaways at the post race social!
See info at
www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
Volunteers needed to help set up or point the way- even if you don't plan on running.
Discover great running paths. Tired of the same old neighborhood roads, traffic and bad drivers? Join the off-road runners for a great and unusual training run. See the swamps and wooded areas saved from development.
For details call Ken V. at 732-572-0500
DIRECTIONS: http://www.njlaws.com/directions_to_office.htm
[Weekly directions 732-219-0301]
See exciting photos: http://groups.msn.com/RumsonHash/freezingcoldhash2005.msnw
Be cautious- this is woods running- not a nice road with course marshals. Warning: You may encounter the following hazards to slow you down: Wild Dogs, Rabid Raccoons, rats, marshes, Swamp gas, Sticker bushes, potential exercise, parts of trail underwater, destruction of running shoes and clothes from dirt, loud men over 50, secret trails and more. Brought to you by the Rumson Hash House Harriers- The group that brings you the famous Cheesequake Park Hashathon every November.
THE ON-ON SOCIALIZING (POST RUN)
As soon as we are finished, we participate in the "On-On" for beverages and socializing. We will visit the nearby Green Derby Bar on Woodbridge Ave, Edison- Free beer for women 21-69, pretzels, more beer, restrooms, beer & heat. EXOTIC FOODS AVAILABLE, INCLUDING traditional Tentacles, Pigeon, AND MYSTERY ANIMAL.
Directions Jan. 5- http://www.njlaws.com/directions_to_office.htm
Directions to other weekly hashes held every Saturday at various locations in Monmouth and Middlesex Counties, call the Rumson Hash House Harriers Hot Line 732-219-0301
Look for the Hasher banner and guys in old running clothes.
For information call Run "hare" Kenneth Vercammen, Esq. at 732-572-0500 days
Info at http://www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
Waiver of injury form for participants: I hash for Fun and admit if I get hurt its my own fault. I recognize no one has insurance and agree not to file any type of claim or suit ever.
6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce.
The President and Founder NAI Fennelly Associates, Inc.
Mr. Fennelly was honored on November 28, 2007 at Tournament Players Club Jasna Polana, Princeton, New Jersey during the Annual Business Leadership Awards Gala
NAI Fennelly Associates, Inc. has been providing professional real estate services to the New Jersey business community since 1986.
As a company, they strive, at all times, to develop lasting relationships by offering the professional personnel, resources and innovative technologies needed to ensure our clients the best services available. Since 1998, their partnership in NAI Global, allows them to deliver services seamlessly nationally and internationally.
http://www.fennelly.com/
7. Recent articles added to website
http://www.njlaws.com/alphabetical_index.htm
http://njlaws.com/ABAEditor.html
http://njlaws.com/ABA_Elder_Law_Committee.htm
http://njlaws.com/ATTLegal.html
http://njlaws.com/AccidentChiro2.html
http://njlaws.com/AccidentChiro.html
http://njlaws.com/AccidentChiro2.html
http://njlaws.com/AccidentReportFax.htm
http://njlaws.com/AccidentReqInstoPay.htm
http://njlaws.com/Accident_WhatToDo.htm
http://njlaws.com/AccidentsNJ.html
http://njlaws.com/AccountingProbate.html
http://njlaws.com/AdministrationEstate.html
http://njlaws.com/Adoption9_3-45.html
http://njlaws.com/Affirmativedefenses2c2-5.html
http://njlaws.com/AggravatedAssa2C.12-1.b.html
http://njlaws.com/AirBagInjury.html
http://njlaws.com/AlcoholBeer.html
http://njlaws.com/Alcotest7110.html
http://njlaws.com/Alimony.html
http://njlaws.com/Allowingdwi.html
http://njlaws.com/AlzheimerWills.html
http://njlaws.com/Analog2C35-10.html
http://njlaws.com/Annulment.htm
http://njlaws.com/AnswerCivil.html
http://njlaws.com/AnswerProbate.html
http://njlaws.com/AragLegal.html
http://njlaws.com/Arrest_Criminal_Violation.htm
http://njlaws.com/Arson2C-17-1.html
http://njlaws.com/Assault2C-12-1.html
http://njlaws.com/AssetProtection.html
http://njlaws.com/AttyExecutor.html
http://njlaws.com/AttyFees.html
http://njlaws.com/auto_accidents.htm
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. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.
2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene
3. Santa Claus Welcomes You to Claus.com
4. Holly Jolly Christmas lyrics
5. FREEZING COLD HASH RUN Sat. Jan. 5, 2008 10:00am 4 -6 MILE GROUP RUN.
6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce
7. Recent articles added to website.
______________________________________________
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.).
See Christmas/ Holiday photo with world's fastest dog at: http://www.njlaws.com/holiday2007.htm
The Holiday/Christmas time is the Season for giving.
Therefore, instead of mailing out cards to businesses, we will be making a donation to the St. James Food Bank located at 2136 Woodbridge Ave, Edison, NJ and offering the following gifts to friends and clients:
* T-Shirts "My attorney fights to win"
* Can Coozies
* Water Bottles
* USA Key Chains
* Refrigerator Magnet Clips
* 2008 Flag Calendar "America the Beautiful"
* Wallet 2008 Calendar
* Wallet Size "What to do in accident"
2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene. State v. Fisher 395 NJ Super. 533 (App. Div. 2007)
Pursuant to N.J.S.A. 2C:11-5., a driver involved in a motor vehicle accident that results in a death of another person is guilty of a crime if the driver fails to comply with the requirements of N.J.S.A. 39:4-129. The driver must either remain at the scene to provide his or her driving credentials to designated persons or report the accident and his or her identity to the nearest officer of the local police department, county police or the State Police. Compliance with those requirements would preclude prosecution under N.J.S.A. 2C:11-5.1.
Moreover, compliance with those requirements would not violate the driver's privilege against self-incrimination. As the United States Supreme Court recognized in California v. Byers, disclosure of name and address is essentially a neutral act and most accidents occur without creating criminal liability. Under the facts of this case, there was no reasonable bases for the driver to apprehend prosecution, inasmuch as the decedent had been crouching or lying near the middle of the road. If, under different facts, compliance with the statutory requirements did pose a legitimate risk of self-incrimination, it might be necessary to accord compliant drivers use or derivative-use immunity as outlined in State v. Patton.
3. Santa Claus Welcomes You to Claus.com.
CLAUS.COM is one of the top-rated Santa Claus websites and is known around the world.
Santa Claus has the North Pole Village full of fun things to do for both kids and parents, including lots of new things this year. Check your Naughty or Nice rating. Choose your very own Elf Buddy. Play games in Elf School. Print your Honorary Elf Diploma. Sing along with new original Christmas songs. Try funny holiday recipes. Visit the amazing Toy Workshop. Send E-mail to Santa Claus. Follow Santa Claus in his sleigh on Christmas Eve. See how many cookies Santa Claus eats on his trip. Wonderful illustrations and a creative family experience. http://www.claus.com/index.php
4. Holly Jolly Christmas Lyrics.
Have a holly, jolly Christmas,
It's the best time of the year
I don't know if there'll be snow,
But have a cup of cheer.
Have a holly, jolly Christmas,
And when you walk down the street,
Say "Hello" to friends you know
And everyone you meet.
Oh, Ho, the mistletoe,
Hung where you can see,
Somebody waits for you,
Kiss her once for me.
Have a holly, jolly Christmas,
And in case you didn't hear,
Oh by golly, have a holly,
Jolly Christmas this year.
by Johnny Marks
5. FREEZING COLD HASH RUN
START:
Kenneth Vercammen Law Office
2053 Woodbridge Ave., Edison, NJ
[near the Nixon Post Office]
We then drive to the secret start.
POTENTIAL EXCITING DANGERS/ CHALLENGES
if you get lost.
- Buried bombs with mustard gas
- Slide on Mud on cliffs
- Get bitten by starving animals
- Slip on Ice and break bones
- Exploding Gas Pipelines
- Cut your leg on sharp Branches
- Slip on Snow and Break Arm
- Touch 29,000 Volts of Electricity
- Run into Tree Branches, Poke Eye Out
- Angry deer with huge antlers
- Fall off Bridges into Cold Water
- Frozen Rats & other dead animals
- Sticker Bushes
- Crawl under barbed wire
- Bad Drivers from New York Who Don't Speak English
The Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh.
Brought to you by the Rumson Hash House Harriers.
COST: NO FEE TO RUN. Bring a canned food donation for the St. James Food Bank.
FREE BEER FOR WOMEN 21-69
$5.00 FOR THE POST RUN SOCIAL, HELD AT THE GREEN DERBY BAR. SITE OF THE "ON-ON" BREWS. A fun time is guaranteed! Wear old running shoes. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must. Prizes and giveaways at the post race social!
See info at
www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
Volunteers needed to help set up or point the way- even if you don't plan on running.
Discover great running paths. Tired of the same old neighborhood roads, traffic and bad drivers? Join the off-road runners for a great and unusual training run. See the swamps and wooded areas saved from development.
For details call Ken V. at 732-572-0500
DIRECTIONS: http://www.njlaws.com/directions_to_office.htm
[Weekly directions 732-219-0301]
See exciting photos: http://groups.msn.com/RumsonHash/freezingcoldhash2005.msnw
Be cautious- this is woods running- not a nice road with course marshals. Warning: You may encounter the following hazards to slow you down: Wild Dogs, Rabid Raccoons, rats, marshes, Swamp gas, Sticker bushes, potential exercise, parts of trail underwater, destruction of running shoes and clothes from dirt, loud men over 50, secret trails and more. Brought to you by the Rumson Hash House Harriers- The group that brings you the famous Cheesequake Park Hashathon every November.
THE ON-ON SOCIALIZING (POST RUN)
As soon as we are finished, we participate in the "On-On" for beverages and socializing. We will visit the nearby Green Derby Bar on Woodbridge Ave, Edison- Free beer for women 21-69, pretzels, more beer, restrooms, beer & heat. EXOTIC FOODS AVAILABLE, INCLUDING traditional Tentacles, Pigeon, AND MYSTERY ANIMAL.
Directions Jan. 5- http://www.njlaws.com/directions_to_office.htm
Directions to other weekly hashes held every Saturday at various locations in Monmouth and Middlesex Counties, call the Rumson Hash House Harriers Hot Line 732-219-0301
Look for the Hasher banner and guys in old running clothes.
For information call Run "hare" Kenneth Vercammen, Esq. at 732-572-0500 days
Info at http://www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
Waiver of injury form for participants: I hash for Fun and admit if I get hurt its my own fault. I recognize no one has insurance and agree not to file any type of claim or suit ever.
6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce.
The President and Founder NAI Fennelly Associates, Inc.
Mr. Fennelly was honored on November 28, 2007 at Tournament Players Club Jasna Polana, Princeton, New Jersey during the Annual Business Leadership Awards Gala
NAI Fennelly Associates, Inc. has been providing professional real estate services to the New Jersey business community since 1986.
As a company, they strive, at all times, to develop lasting relationships by offering the professional personnel, resources and innovative technologies needed to ensure our clients the best services available. Since 1998, their partnership in NAI Global, allows them to deliver services seamlessly nationally and internationally.
http://www.fennelly.com/
7. Recent articles added to website
http://www.njlaws.com/alphabetical_index.htm
http://njlaws.com/ABAEditor.html
http://njlaws.com/ABA_Elder_Law_Committee.htm
http://njlaws.com/ATTLegal.html
http://njlaws.com/AccidentChiro2.html
http://njlaws.com/AccidentChiro.html
http://njlaws.com/AccidentChiro2.html
http://njlaws.com/AccidentReportFax.htm
http://njlaws.com/AccidentReqInstoPay.htm
http://njlaws.com/Accident_WhatToDo.htm
http://njlaws.com/AccidentsNJ.html
http://njlaws.com/AccountingProbate.html
http://njlaws.com/AdministrationEstate.html
http://njlaws.com/Adoption9_3-45.html
http://njlaws.com/Affirmativedefenses2c2-5.html
http://njlaws.com/AggravatedAssa2C.12-1.b.html
http://njlaws.com/AirBagInjury.html
http://njlaws.com/AlcoholBeer.html
http://njlaws.com/Alcotest7110.html
http://njlaws.com/Alimony.html
http://njlaws.com/Allowingdwi.html
http://njlaws.com/AlzheimerWills.html
http://njlaws.com/Analog2C35-10.html
http://njlaws.com/Annulment.htm
http://njlaws.com/AnswerCivil.html
http://njlaws.com/AnswerProbate.html
http://njlaws.com/AragLegal.html
http://njlaws.com/Arrest_Criminal_Violation.htm
http://njlaws.com/Arson2C-17-1.html
http://njlaws.com/Assault2C-12-1.html
http://njlaws.com/AssetProtection.html
http://njlaws.com/AttyExecutor.html
http://njlaws.com/AttyFees.html
http://njlaws.com/auto_accidents.htm
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
Wednesday, December 05, 2007
NJ Laws Email Newsletter E262 - December 5, 2007
NJ Laws Email Newsletter E262
Kenneth Vercammen, Attorney at Law
December 5, 2007
In This Issue
_______________
1. Holiday Gift Idea! Gift Certificates for Wills or Power of Attorney
2. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale.
3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams
4. Aerial Search of Marijuana Field Approved
5. Holiday/ Christmas song links to lyrics
6. Website: Christmas Carols instrumental- Listen to on your computer
7. Needed: Outdoor Nativity Scene
Greetings,
1. Holiday Gift Idea! Gift Certificates for Wills or Power of Attorney.
During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift which truly shows how much you care? Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.
The Law Office of Kenneth Vercammen's Holiday special includes:
·A Simple Will without Trust
· Follow up legal advice
·A 2 year subscription to the NJ Laws Email News
- All for only $250.00! -
Call 732-572-0500 for the Gift Certificate
Details on Wills: http://www.njlaws.com/wills.htm
Power of Attorney http://www.njlaws.com/power_of_attorney.htm
2. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale. In the Matter of Expungement Application of G.R. 395 NJ Super. 428 (App. Div. 2007).
N.J.S.A. 2C:35-5a(1) criminalizes the knowing or purposeful possession of a CDS "with intent to manufacture, distribute or dispense" to another. The statute does not draw a distinction between distributing or dispensing to another in exchange for money and a gratuitous transfer of narcotics. Either conduct constitutes crime as defined by N.J.S.A. 2C:35-5a(1). However, for purpose of expungement, it does make a difference. A sale of CDS is a bar to expungement; but a transfer for no consideration is not. Therefore, the court held that the facts must be examined to determine if the underlying possession of the CDS was with intent to sell, as opposed to dispense or distribute without a sale.
A judgment of conviction for possession of a CDS "with intent to dispense or distribute" contrary to N.J.S.A. 2C:35-5a(1), by itself is not conclusive of intent to sell or intent to dispense for no consideration. The description of the offense in the judgment of conviction does not aid the judge in deciding whether the statutory bar applies in a given situation. To the extent that State v. P.L., 369 N.J. Super. 291 (App. Div. 2004) makes such a suggestion, the Court disagrees with that opinion.
3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams 192 NJ 1 (2007).
Marcellus Williams' resistance and flight, which amounted to obstruction, broke the link in the chain between the initial unconstitutional investigatory stop and the later seizure of the handgun. Under such circumstances, suppression of the evidence is not warranted by the exclusionary rule.
4. Aerial Search of Marijuana Field Approved. State v. Marolda 394 NJ Super. 430 (App. Div. 2007).
The Court applied the open fields doctrine in a case involving an aerial observation of a corn field.
5. Holiday/ Christmas song links to lyrics
Did you ever wonder what the actual words/ lyrics are to favorite songs? Here they are:
Christmas Song Lyrics
http://www.nevada.edu/~blake/Christmas.songs.html
A Baby Just Like You
All I Want For Christmas Is My Two Front Teeth
Blue Christmas
Christmas Dinner
Christmas For Cowboys
Christmas In Killarney
Deck the Halls
First Christmas
Frosty the Snow Man
Grandma Got Run Over By a Reindeer
Have Yourself A Merry Little Christmas
Here Comes Santa Claus
Holly Jolly Christmas
I Saw Mommy Kissing Santa Claus
It's the most wonderful time of the year
I'll Be Home For Christmas
Jingle Bell Rock
Jingle Bells
Jolly Old Saint Nicholas
Let It Snow!
Mary, Did You Know?
Merry Christmas Darling
Must Be Santa
Nuttin' For Christmas
O Christmas Tree
Pine Cones And Holly Berries
Rocking around the Christmas Tree
Rudolph The Red-Nosed Reindeer
Santa Claus Is Coming To Town
Silver Bells
Sleep Well, Little Children
Sleigh Ride
Tennessee Christmas
The Christmas Song
The Little Drummer Boy
The Night Before Christmas
The Twelve Days of Christmas
Up On the Housetop
We Wish You A Merry Christmas
White Christmas
Winter Wonderland
Christmas Carol Lyrics
http://www.nevada.edu/~blake/Christmas.carols.html
Angels From The Realm Of Glory
Angels We Have Heard On High
Away In a Manger
Bring A Torch, Jeanette Isabella
Do You Hear What I Hear
Far, Far Away on Judea's Plains
Go, Tell It On The Mountain
God Rest Ye Merry, Gentlemen
Good Christian Men, Rejoice
Hark! The Herald Angels Sing
I Heard the Bells on Christmas Day
It Came Upon The Midnight Clear
Joy To The World
O Come, All Ye Faithful
O Holy Night
O Little Town of Bethlehem
Once In Royal David's City
Silent Night
The First Noel
The Shepherd's Carol (round)
We Three Kings of Orient Are
What Child Is This?
When Joseph Went To Bethlehem
While Shepherds Watched Their Flocks
With Wondering Awe
6. Website: Christmas Carols instrumental - Listen to on your computer.
http://catholic.net/christmas_songs/template_channel.phtml?channel_id=17
The following songs were available:
Angels from the Realms of Glory
Angels we have Heard on High
Away in a Manger
Children, Go Where I send Thee
Christmas is now Drawing near at Hand
Christmas in the Trenches
Deck the Halls
Go Tell it on the Mountain
Good Christian Men, Rejoice
Good King Wenceslas
Hark the Herald Angels Sing
Here we come a Wassailing
I heard the Bells on Christmas Day
It came upon a Midnight Clear
Jingle Bells
Joy to the World
Oh Come all Ye Faithful
Oh Holy Night
Oh Little Town of Bethlehem
Silent Night
The First Noel
Twelve Days of Christmas
We Three Kings
We Wish You a Merry Christmas
What Child is This?
This is a great site with Holiday cheer:
http://holidays.blastcomm.com
7. Needed: Outdoor Nativity Scene
A nativity scene, also called a crib or crèche (meaning "crib" or "manger" in French) generally refers to any depiction of the birth or birthplace of Jesus. The local Knight of Columbus members are looking for used outdoor nativity scenes no longer being used or displayed, to give them a new home.
Christian Nativity scenes three (sculpture or other three-dimensional crafts), usually show Jesus in a manger, Joseph and Mary in a barn (or cave) intended to accommodate farm animals. A donkey and an ox accompany them; besides the necessity of animals for a manager, this is an allusion to Isaiah: "the ox knoweth his owner, and the ass his master's crib; but Israel doth not know, my people doth not consider" (Is. 1:3). The scene sometimes includes the Magi or Three Wise Men, shepherds, angels and the Star of Bethlehem. The traditional scenes that show the shepherds and Magi together are of course not true to the Bible story, since the Magi arrived much later (Luke 2:7-16).
http://en.wikipedia.org/wiki/Nativity_scene
If you have an unused Nativity scene, call Ken Vercammen at 732-572-0500
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
Kenneth Vercammen, Attorney at Law
December 5, 2007
In This Issue
_______________
1. Holiday Gift Idea! Gift Certificates for Wills or Power of Attorney
2. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale.
3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams
4. Aerial Search of Marijuana Field Approved
5. Holiday/ Christmas song links to lyrics
6. Website: Christmas Carols instrumental- Listen to on your computer
7. Needed: Outdoor Nativity Scene
Greetings,
1. Holiday Gift Idea! Gift Certificates for Wills or Power of Attorney.
During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift which truly shows how much you care? Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.
The Law Office of Kenneth Vercammen's Holiday special includes:
·A Simple Will without Trust
· Follow up legal advice
·A 2 year subscription to the NJ Laws Email News
- All for only $250.00! -
Call 732-572-0500 for the Gift Certificate
Details on Wills: http://www.njlaws.com/wills.htm
Power of Attorney http://www.njlaws.com/power_of_attorney.htm
2. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale. In the Matter of Expungement Application of G.R. 395 NJ Super. 428 (App. Div. 2007).
N.J.S.A. 2C:35-5a(1) criminalizes the knowing or purposeful possession of a CDS "with intent to manufacture, distribute or dispense" to another. The statute does not draw a distinction between distributing or dispensing to another in exchange for money and a gratuitous transfer of narcotics. Either conduct constitutes crime as defined by N.J.S.A. 2C:35-5a(1). However, for purpose of expungement, it does make a difference. A sale of CDS is a bar to expungement; but a transfer for no consideration is not. Therefore, the court held that the facts must be examined to determine if the underlying possession of the CDS was with intent to sell, as opposed to dispense or distribute without a sale.
A judgment of conviction for possession of a CDS "with intent to dispense or distribute" contrary to N.J.S.A. 2C:35-5a(1), by itself is not conclusive of intent to sell or intent to dispense for no consideration. The description of the offense in the judgment of conviction does not aid the judge in deciding whether the statutory bar applies in a given situation. To the extent that State v. P.L., 369 N.J. Super. 291 (App. Div. 2004) makes such a suggestion, the Court disagrees with that opinion.
3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams 192 NJ 1 (2007).
Marcellus Williams' resistance and flight, which amounted to obstruction, broke the link in the chain between the initial unconstitutional investigatory stop and the later seizure of the handgun. Under such circumstances, suppression of the evidence is not warranted by the exclusionary rule.
4. Aerial Search of Marijuana Field Approved. State v. Marolda 394 NJ Super. 430 (App. Div. 2007).
The Court applied the open fields doctrine in a case involving an aerial observation of a corn field.
5. Holiday/ Christmas song links to lyrics
Did you ever wonder what the actual words/ lyrics are to favorite songs? Here they are:
Christmas Song Lyrics
http://www.nevada.edu/~blake/Christmas.songs.html
A Baby Just Like You
All I Want For Christmas Is My Two Front Teeth
Blue Christmas
Christmas Dinner
Christmas For Cowboys
Christmas In Killarney
Deck the Halls
First Christmas
Frosty the Snow Man
Grandma Got Run Over By a Reindeer
Have Yourself A Merry Little Christmas
Here Comes Santa Claus
Holly Jolly Christmas
I Saw Mommy Kissing Santa Claus
It's the most wonderful time of the year
I'll Be Home For Christmas
Jingle Bell Rock
Jingle Bells
Jolly Old Saint Nicholas
Let It Snow!
Mary, Did You Know?
Merry Christmas Darling
Must Be Santa
Nuttin' For Christmas
O Christmas Tree
Pine Cones And Holly Berries
Rocking around the Christmas Tree
Rudolph The Red-Nosed Reindeer
Santa Claus Is Coming To Town
Silver Bells
Sleep Well, Little Children
Sleigh Ride
Tennessee Christmas
The Christmas Song
The Little Drummer Boy
The Night Before Christmas
The Twelve Days of Christmas
Up On the Housetop
We Wish You A Merry Christmas
White Christmas
Winter Wonderland
Christmas Carol Lyrics
http://www.nevada.edu/~blake/Christmas.carols.html
Angels From The Realm Of Glory
Angels We Have Heard On High
Away In a Manger
Bring A Torch, Jeanette Isabella
Do You Hear What I Hear
Far, Far Away on Judea's Plains
Go, Tell It On The Mountain
God Rest Ye Merry, Gentlemen
Good Christian Men, Rejoice
Hark! The Herald Angels Sing
I Heard the Bells on Christmas Day
It Came Upon The Midnight Clear
Joy To The World
O Come, All Ye Faithful
O Holy Night
O Little Town of Bethlehem
Once In Royal David's City
Silent Night
The First Noel
The Shepherd's Carol (round)
We Three Kings of Orient Are
What Child Is This?
When Joseph Went To Bethlehem
While Shepherds Watched Their Flocks
With Wondering Awe
6. Website: Christmas Carols instrumental - Listen to on your computer.
http://catholic.net/christmas_songs/template_channel.phtml?channel_id=17
The following songs were available:
Angels from the Realms of Glory
Angels we have Heard on High
Away in a Manger
Children, Go Where I send Thee
Christmas is now Drawing near at Hand
Christmas in the Trenches
Deck the Halls
Go Tell it on the Mountain
Good Christian Men, Rejoice
Good King Wenceslas
Hark the Herald Angels Sing
Here we come a Wassailing
I heard the Bells on Christmas Day
It came upon a Midnight Clear
Jingle Bells
Joy to the World
Oh Come all Ye Faithful
Oh Holy Night
Oh Little Town of Bethlehem
Silent Night
The First Noel
Twelve Days of Christmas
We Three Kings
We Wish You a Merry Christmas
What Child is This?
This is a great site with Holiday cheer:
http://holidays.blastcomm.com
7. Needed: Outdoor Nativity Scene
A nativity scene, also called a crib or crèche (meaning "crib" or "manger" in French) generally refers to any depiction of the birth or birthplace of Jesus. The local Knight of Columbus members are looking for used outdoor nativity scenes no longer being used or displayed, to give them a new home.
Christian Nativity scenes three (sculpture or other three-dimensional crafts), usually show Jesus in a manger, Joseph and Mary in a barn (or cave) intended to accommodate farm animals. A donkey and an ox accompany them; besides the necessity of animals for a manager, this is an allusion to Isaiah: "the ox knoweth his owner, and the ass his master's crib; but Israel doth not know, my people doth not consider" (Is. 1:3). The scene sometimes includes the Magi or Three Wise Men, shepherds, angels and the Star of Bethlehem. The traditional scenes that show the shepherds and Magi together are of course not true to the Bible story, since the Magi arrived much later (Luke 2:7-16).
http://en.wikipedia.org/wiki/Nativity_scene
If you have an unused Nativity scene, call Ken Vercammen at 732-572-0500
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
Wednesday, November 21, 2007
NJ Laws Email Newsletter E261 - November 21, 2007
NJ Laws Email Newsletter E261
Kenneth Vercammen, Attorney at Law
November 21, 2007
In This Issue
_______________
1. Retired Judge recommends use of Alcotest 7100 machine.
2. Tort Claims notice must be filed against the correct public entity within 90 days or suit for injury would be barred.
3. Late Notice of claim sometimes permitted
4. Are Your Beneficiary Designations Up to Date?
5. Recent November laws
6. Great upcoming nearby charity races, Call Ken V to discuss carpools
Greetings,
HAPPY THANKSGIVING!
- Show quoted text -
1. Retired Judge recommends use of Alcotest 7100 machine.
The New Jersey Supreme Court released the report of the Special Master, retired Appellate Division Judge Michael Patrick King, regarding State v. Chun (Are alcotest instruments scientifically reliable for establishing blood alcohol levels in prosecutions under N.J.S.A. 39:4-50?). The Court will hold oral argument on Monday, Jan. 7, 2008 at 10 a.m. in the Supreme Court courtroom on the eighth floor, Richard J. Hughes Justice Complex, 25 Market St., Trenton The New Jersey Supreme Court will eventually rule on the case questioning whether alcotest instruments are scientifically reliable for establishing blood alcohol levels in prosecutions under N.J.S.A. 39:4-50.
The New Jersey State Bar Association, through its counsel Jeffrey Evan Gold and Arnold M. Fishman, has announced that it has been an active participant in the case since its petition for leave to participate as an amicus curiae party was granted in December 2005. After the initial round of hearings in the case, the NJSBA argued that the device was reliable provided that certain delineated conditions were met. Judge King's initial recommendations to the Supreme Court in the matter included many of the conditions advocated by the NJSBA.
In his most recent report, Judge King recommends that his initial report be adopted by the Court along with the following additional recommendations:
1. require certification of the alcotest every 6 months instead of 1
year
2. Prohibit the use of BAC evidence in all third test fcases until
the buffer overflow error is corrected in the source code
3. require the illegal opcode trap to be turned on
4. prohibit the use of any A.I.R. with missing data
5. require foundational documents in all cases ebfore a reading
can be admitted, mot just in pro-se cases.
6. require that the NJSBA, through its counsel, be notified of any software changes after the case is over.
The report issued by Judge King can be found at:
http://www.judiciary.state.nj.us/pressrel/supplemental_opinion.pdf
The briefing schedule in the case can at:
http://www.judiciary.state.nj.us/pressrel/Chun_memo_argument_schedule.pdf
2. Tort Claims notice must be filed against the correct public entity within 90 days or suit for injury would be barred.
TORT CLAIMS ACT COLLINS v. EDISON TOWNSHIP HOUSING AUTHORITY Appellate Division, A-3776-06T1, November 9, 2007, not approved for publication.
Dismissal of the plaintiff's complaint with prejudice for failure to timely file a Tort Claims Act notice of claim affirmed; the plaintiff slipped and fell on property owned by the defendant municipal housing authority on June 29, 2005, the plaintiff's attorney mailed a TCA notice of claim to the municipality on December 19, 2005, but he never gave a notice of claim to the housing authority; the Law Division concluded that the housing authority was not a subordinate branch of the municipality and properly dismissed the complaint (1) because the plaintiff did not serve the housing authority with a notice of claim within the 90-day deadline set forth in the Act and (2) because she did not seek leave of the court to file a late notice of claim pursuant to N.J.S.A. 59:8-9; the Law Division did not have jurisdiction under these circumstances because, under the case law, the filing of a notice of claim more than 90 days after the claim accrues without leave of the court is a "nullity"; furthermore, the complaint was filed after the one-year limit for seeking leave to file a late notice of claim under §59:8-9 had expired. Source: NJ Lawyer Daily briefing 11/13/07.
Therefore, if injured, make sure your attorney files a Notice of Claim against all possible defendants within 90 days of the injury.
Under the NJ Tort Claims Act, TCA, a claim of the type involved here cannot be brought against a public entity or public employee unless the procedural requirements of the Act have been followed. N.J.S.A. 59:8-3. The Act provides that "[a] claim for injury or damages...against a local public entity shall be filed with that entity." N.J.S.A. 59:8-7. Regarding the time in which a claim must be presented, N.J.S.A. 59:8-8 provides:
"A claim relating to a cause of action for death or for injury or damage to person or to property shall be presented as provided in this chapter not later than the ninetieth day after accrual of the cause of action. After the expiration of six months from the date notice of claim is received, the claimant may file suit in an appropriate court of law. The claimant shall be forever barred from recovering against a public entity or public employee if:
a. He failed to file his claim with the public entity within 90 days of accrual of his claim except as otherwise provided in section 59:8-9. (Emphasis added.)
Regarding the filing of notice of late claim, N.J.S.A. 59:8-9 provides:
A claimant who fails to file notice of his claim within 90 days as provided in section 59:8-8 of this act, may, in the discretion of a judge of the Superior Court, be permitted to file such notice at any time within one year after the accrual of his claim provided that the public entity or the public employee has not been substantially prejudiced thereby. Application to the court for permission to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the affiant showing sufficient reasons constituting extraordinary circumstances for his failure to file notice of claim within the period of time prescribed by section 59:8-8 of this act or to file a motion seeking leave to file a late notice of claim within a reasonable time thereafter; provided that in no event may any suit against a public entity or a public employee arising under this act be filed later than two years from the time of the accrual of the claim.
The underlying purpose of the notice requirement set forth in N.J.S.A. 59:8-8 is to "expedite investigation with the hope of reaching a nonjudicial settlement and to allow the public entity prompt access to information about the claim so that it may prepare a defense." Pilonero v. Twp. of Old Bridge, 236 N.J. Super. 529, 533 (App. Div. 1989). Specifically, the goals of the notice of claim provisions of the TCA are: (1) "to allow the public entity at least six months for administrative review with the opportunity to settle meritorious claims prior to the bringing of suit"; (2) "to provide the public entity with prompt notification of a claim in order to adequately investigate the facts and prepare a defense"; (3) "to afford the public entity a chance to correct the conditions or practices which gave rise to the claim"; and (4) "to inform the [public entity] in advance as to the indebtedness or liability that it may be expected to meet."
[Henderson v. Herman, 373 N.J. Super. 625, 634 (App. Div. 2004) (quoting Beauchamp v. Amedio, 164 N.J. 111, 121-22 (2000)).] The court said have emphasized that "[t]he filing of a notice of claim more than 90 days after the accrual of a claim without leave of court is a nullity." Priore v. State, 190 N.J. Super. 127, 130 (App. Div. 1983), overruled on other grounds, Moon v. Warren Haven Nursing Home, 182 N.J. 507 (2005). The filing of a notice of claim after the ninety-day period without leave of the court "does not confer jurisdiction upon the court to grant leave to file a late notice of claim beyond the one year period." Ibid. Thus, it is clear that a judge is powerless under the statute to exercise any discretion or to act after a period of one year has elapsed from the date on which the cause of action accrued, where application to the court by motion for permission to file a late notice of claim has not been made within the year.
[Fuller v. Rutgers, State Univ., 154 N.J. Super. 420, 423 (App. Div. 1977), certif. denied, 75 N.J. 610 (1978).]
3. Late Notice of claim sometimes permitted
TORT CLAIMS ACT CASSIDY v. EAST GREENWICH TOWNSHIP, Appellate Division, A-2295-06T5, November 19, 2007, not approved for publication.
Order that granted the plaintiffs' motion to extend the time to file a notice of tort claim under the Tort Claims Act affirmed; the trial court had concluded that the defendant County and the defendant Township had received a timely notice from the two individual defendants that contained all of the necessary information about the plaintiff's claim; the County asserted that the plaintiff's late notice of claim had to be disallowed because the plaintiff failed to demonstrate "exceptional circumstances"; the individual defendants' notice provided the relevant and necessary information about the plaintiff's claim to the County and the Township; the County timely received that notice, which made it aware of the plaintiff's injuries, and the County did not demonstrate any prejudice based on the 25-day delay in receipt of the plaintiffs' notice; based on the totality of the circumstances, the trial court did not abuse its discretion by granting the plaintiff's motion.
Source: New Jersey Lawyer Inc. 11/20/07
4. Are Your Beneficiary Designations Up to Date?
According to Financial expert Saul Simon, most people will agree that it's difficult enough to take care of the necessities of life, let alone the "nice-to-haves." Case in point, when was the last time you reviewed your beneficiary designations for life insurance policies and retirement accounts?
Very likely, the answer is "never."
These documents should be periodically reviewed. Various life events can signal a need to review and possibly change beneficiaries. The article, "Are Your Beneficiary Designations Up to Date?" reviews several scenarios that impact beneficiary designation since originally named.
Call Saul Simon to help you review your Beneficiary Designations and how putting this off today can have a serious impact on your own person planning. If you would like this article sent to you please e-mail Marc at marc.simon@LFG.com.
In the meantime, please give some thought about others you believe could benefit from our work, step out and make a difference in someone's life.
Thank you,
Saul Simon, 399 Thornall Street 12 Floor, Edison, NJ 08837
Phone (732) 623-2070 and Fax (732) 623-2088
5. Recent November laws
TRENTON - Governor Corzine has signed the following laws:
S-222/A-1740) - Prohibits political contributions by all State and local public agencies.
S-1099/A-4146) - Makes it a primary offense for motorists to talk on or text message with hand-held wireless telephone or electronic communication device while driving.
SCS for S-1195/ACS for A-992 - Establishes pharmacy's duty to fill prescriptions for in-stock drugs or devices without delay, notwithstanding sincerely held moral, philosophical or religious beliefs of pharmacist.
S-2506/A - Prohibits candidates from contributing campaign funds to charity in which candidate or candidate's immediate family is an officer or employee or receives compensation for goods or services provided to the charity.
A-439/S-329 - Requires health insurers to honor an assignment of benefits for ambulance service payments under certain circumstances.
6. Great upcoming nearby charity races, Call Ken V to discuss carpools.
11/23/07 - Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern
11/25/07 - Navesink Challenge 15k and 5k, 9am, 5k, 9:10 Middletown, NJ 732-542-6090 Quality JSRC event with Race director Dave Z.
12/1/07 - Metuchen 5k
12/2/07 - Reindeer Romp 5k Point Pleasant plenty of post race food, discount drinks
12/9/07 - Toys for Tots 5k Freehold
12/9/07 - USATF-NJ 10 MILE CHAMPIONSHIP, 11am Mercer County Park, West Windsor, 973-334-890 USATF members only
12/29/07 - Polar Bear Races 5k Asbury Park 5mi Run, 1pm, 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race.
12/31/07 - JSRC FUN RUN at Bar A
Jan. 5, 2008 - Freezing Cold Hash run, Edison, NJ -Start Ken Vercammen Law Office, 2053 Woodbridge Ave, Edison 732-572-0500 Adventure trail run, not a formal race. Featured on TV News12 NJ and Cablevision.
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
Kenneth Vercammen, Attorney at Law
November 21, 2007
In This Issue
_______________
1. Retired Judge recommends use of Alcotest 7100 machine.
2. Tort Claims notice must be filed against the correct public entity within 90 days or suit for injury would be barred.
3. Late Notice of claim sometimes permitted
4. Are Your Beneficiary Designations Up to Date?
5. Recent November laws
6. Great upcoming nearby charity races, Call Ken V to discuss carpools
Greetings,
HAPPY THANKSGIVING!
- Show quoted text -
1. Retired Judge recommends use of Alcotest 7100 machine.
The New Jersey Supreme Court released the report of the Special Master, retired Appellate Division Judge Michael Patrick King, regarding State v. Chun (Are alcotest instruments scientifically reliable for establishing blood alcohol levels in prosecutions under N.J.S.A. 39:4-50?). The Court will hold oral argument on Monday, Jan. 7, 2008 at 10 a.m. in the Supreme Court courtroom on the eighth floor, Richard J. Hughes Justice Complex, 25 Market St., Trenton The New Jersey Supreme Court will eventually rule on the case questioning whether alcotest instruments are scientifically reliable for establishing blood alcohol levels in prosecutions under N.J.S.A. 39:4-50.
The New Jersey State Bar Association, through its counsel Jeffrey Evan Gold and Arnold M. Fishman, has announced that it has been an active participant in the case since its petition for leave to participate as an amicus curiae party was granted in December 2005. After the initial round of hearings in the case, the NJSBA argued that the device was reliable provided that certain delineated conditions were met. Judge King's initial recommendations to the Supreme Court in the matter included many of the conditions advocated by the NJSBA.
In his most recent report, Judge King recommends that his initial report be adopted by the Court along with the following additional recommendations:
1. require certification of the alcotest every 6 months instead of 1
year
2. Prohibit the use of BAC evidence in all third test fcases until
the buffer overflow error is corrected in the source code
3. require the illegal opcode trap to be turned on
4. prohibit the use of any A.I.R. with missing data
5. require foundational documents in all cases ebfore a reading
can be admitted, mot just in pro-se cases.
6. require that the NJSBA, through its counsel, be notified of any software changes after the case is over.
The report issued by Judge King can be found at:
http://www.judiciary.state.nj.us/pressrel/supplemental_opinion.pdf
The briefing schedule in the case can at:
http://www.judiciary.state.nj.us/pressrel/Chun_memo_argument_schedule.pdf
2. Tort Claims notice must be filed against the correct public entity within 90 days or suit for injury would be barred.
TORT CLAIMS ACT COLLINS v. EDISON TOWNSHIP HOUSING AUTHORITY Appellate Division, A-3776-06T1, November 9, 2007, not approved for publication.
Dismissal of the plaintiff's complaint with prejudice for failure to timely file a Tort Claims Act notice of claim affirmed; the plaintiff slipped and fell on property owned by the defendant municipal housing authority on June 29, 2005, the plaintiff's attorney mailed a TCA notice of claim to the municipality on December 19, 2005, but he never gave a notice of claim to the housing authority; the Law Division concluded that the housing authority was not a subordinate branch of the municipality and properly dismissed the complaint (1) because the plaintiff did not serve the housing authority with a notice of claim within the 90-day deadline set forth in the Act and (2) because she did not seek leave of the court to file a late notice of claim pursuant to N.J.S.A. 59:8-9; the Law Division did not have jurisdiction under these circumstances because, under the case law, the filing of a notice of claim more than 90 days after the claim accrues without leave of the court is a "nullity"; furthermore, the complaint was filed after the one-year limit for seeking leave to file a late notice of claim under §59:8-9 had expired. Source: NJ Lawyer Daily briefing 11/13/07.
Therefore, if injured, make sure your attorney files a Notice of Claim against all possible defendants within 90 days of the injury.
Under the NJ Tort Claims Act, TCA, a claim of the type involved here cannot be brought against a public entity or public employee unless the procedural requirements of the Act have been followed. N.J.S.A. 59:8-3. The Act provides that "[a] claim for injury or damages...against a local public entity shall be filed with that entity." N.J.S.A. 59:8-7. Regarding the time in which a claim must be presented, N.J.S.A. 59:8-8 provides:
"A claim relating to a cause of action for death or for injury or damage to person or to property shall be presented as provided in this chapter not later than the ninetieth day after accrual of the cause of action. After the expiration of six months from the date notice of claim is received, the claimant may file suit in an appropriate court of law. The claimant shall be forever barred from recovering against a public entity or public employee if:
a. He failed to file his claim with the public entity within 90 days of accrual of his claim except as otherwise provided in section 59:8-9. (Emphasis added.)
Regarding the filing of notice of late claim, N.J.S.A. 59:8-9 provides:
A claimant who fails to file notice of his claim within 90 days as provided in section 59:8-8 of this act, may, in the discretion of a judge of the Superior Court, be permitted to file such notice at any time within one year after the accrual of his claim provided that the public entity or the public employee has not been substantially prejudiced thereby. Application to the court for permission to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the affiant showing sufficient reasons constituting extraordinary circumstances for his failure to file notice of claim within the period of time prescribed by section 59:8-8 of this act or to file a motion seeking leave to file a late notice of claim within a reasonable time thereafter; provided that in no event may any suit against a public entity or a public employee arising under this act be filed later than two years from the time of the accrual of the claim.
The underlying purpose of the notice requirement set forth in N.J.S.A. 59:8-8 is to "expedite investigation with the hope of reaching a nonjudicial settlement and to allow the public entity prompt access to information about the claim so that it may prepare a defense." Pilonero v. Twp. of Old Bridge, 236 N.J. Super. 529, 533 (App. Div. 1989). Specifically, the goals of the notice of claim provisions of the TCA are: (1) "to allow the public entity at least six months for administrative review with the opportunity to settle meritorious claims prior to the bringing of suit"; (2) "to provide the public entity with prompt notification of a claim in order to adequately investigate the facts and prepare a defense"; (3) "to afford the public entity a chance to correct the conditions or practices which gave rise to the claim"; and (4) "to inform the [public entity] in advance as to the indebtedness or liability that it may be expected to meet."
[Henderson v. Herman, 373 N.J. Super. 625, 634 (App. Div. 2004) (quoting Beauchamp v. Amedio, 164 N.J. 111, 121-22 (2000)).] The court said have emphasized that "[t]he filing of a notice of claim more than 90 days after the accrual of a claim without leave of court is a nullity." Priore v. State, 190 N.J. Super. 127, 130 (App. Div. 1983), overruled on other grounds, Moon v. Warren Haven Nursing Home, 182 N.J. 507 (2005). The filing of a notice of claim after the ninety-day period without leave of the court "does not confer jurisdiction upon the court to grant leave to file a late notice of claim beyond the one year period." Ibid. Thus, it is clear that a judge is powerless under the statute to exercise any discretion or to act after a period of one year has elapsed from the date on which the cause of action accrued, where application to the court by motion for permission to file a late notice of claim has not been made within the year.
[Fuller v. Rutgers, State Univ., 154 N.J. Super. 420, 423 (App. Div. 1977), certif. denied, 75 N.J. 610 (1978).]
3. Late Notice of claim sometimes permitted
TORT CLAIMS ACT CASSIDY v. EAST GREENWICH TOWNSHIP, Appellate Division, A-2295-06T5, November 19, 2007, not approved for publication.
Order that granted the plaintiffs' motion to extend the time to file a notice of tort claim under the Tort Claims Act affirmed; the trial court had concluded that the defendant County and the defendant Township had received a timely notice from the two individual defendants that contained all of the necessary information about the plaintiff's claim; the County asserted that the plaintiff's late notice of claim had to be disallowed because the plaintiff failed to demonstrate "exceptional circumstances"; the individual defendants' notice provided the relevant and necessary information about the plaintiff's claim to the County and the Township; the County timely received that notice, which made it aware of the plaintiff's injuries, and the County did not demonstrate any prejudice based on the 25-day delay in receipt of the plaintiffs' notice; based on the totality of the circumstances, the trial court did not abuse its discretion by granting the plaintiff's motion.
Source: New Jersey Lawyer Inc. 11/20/07
4. Are Your Beneficiary Designations Up to Date?
According to Financial expert Saul Simon, most people will agree that it's difficult enough to take care of the necessities of life, let alone the "nice-to-haves." Case in point, when was the last time you reviewed your beneficiary designations for life insurance policies and retirement accounts?
Very likely, the answer is "never."
These documents should be periodically reviewed. Various life events can signal a need to review and possibly change beneficiaries. The article, "Are Your Beneficiary Designations Up to Date?" reviews several scenarios that impact beneficiary designation since originally named.
Call Saul Simon to help you review your Beneficiary Designations and how putting this off today can have a serious impact on your own person planning. If you would like this article sent to you please e-mail Marc at marc.simon@LFG.com.
In the meantime, please give some thought about others you believe could benefit from our work, step out and make a difference in someone's life.
Thank you,
Saul Simon, 399 Thornall Street 12 Floor, Edison, NJ 08837
Phone (732) 623-2070 and Fax (732) 623-2088
5. Recent November laws
TRENTON - Governor Corzine has signed the following laws:
S-222/A-1740) - Prohibits political contributions by all State and local public agencies.
S-1099/A-4146) - Makes it a primary offense for motorists to talk on or text message with hand-held wireless telephone or electronic communication device while driving.
SCS for S-1195/ACS for A-992 - Establishes pharmacy's duty to fill prescriptions for in-stock drugs or devices without delay, notwithstanding sincerely held moral, philosophical or religious beliefs of pharmacist.
S-2506/A - Prohibits candidates from contributing campaign funds to charity in which candidate or candidate's immediate family is an officer or employee or receives compensation for goods or services provided to the charity.
A-439/S-329 - Requires health insurers to honor an assignment of benefits for ambulance service payments under certain circumstances.
6. Great upcoming nearby charity races, Call Ken V to discuss carpools.
11/23/07 - Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern
11/25/07 - Navesink Challenge 15k and 5k, 9am, 5k, 9:10 Middletown, NJ 732-542-6090 Quality JSRC event with Race director Dave Z.
12/1/07 - Metuchen 5k
12/2/07 - Reindeer Romp 5k Point Pleasant plenty of post race food, discount drinks
12/9/07 - Toys for Tots 5k Freehold
12/9/07 - USATF-NJ 10 MILE CHAMPIONSHIP, 11am Mercer County Park, West Windsor, 973-334-890 USATF members only
12/29/07 - Polar Bear Races 5k Asbury Park 5mi Run, 1pm, 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race.
12/31/07 - JSRC FUN RUN at Bar A
Jan. 5, 2008 - Freezing Cold Hash run, Edison, NJ -Start Ken Vercammen Law Office, 2053 Woodbridge Ave, Edison 732-572-0500 Adventure trail run, not a formal race. Featured on TV News12 NJ and Cablevision.
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
Monday, November 12, 2007
NJ Laws' Newsletter E260 - November 12, 2007
NJ Laws Email Newsletter E260
Kenneth Vercammen, Attorney at Law November 12, 2007
In This Issue
_______________
In this issue:
1. Municipality Could be Liable for Slip & Fall on Snow.
2. Suppression of Stop and Dismissal of DWI Dismissed Where No Erratic Driving.
3. Insurance Company Required to Participate in Injured Person's Underinsured Motorist Arbitration.
4. Business Not Liable When Neighbor's Customer Hit by Car.
5. Uninsured Motorist Benefits are Available to a Plaintiff in a Random, Drive-By Shooting.
6. Landlord not Liable for Tenant's Dog's Bite.
7. City Not Liable for Injury When Injury is Not Permanent.
--------------------------------------------------------------------------------
1. Municipality Could Be Liable for Slip & Fall On Snow
TORT CLAIMS ACT. ANTHONY v. TRI-COUNTY SECURITY. Appellate Division, A-361-06T3, October 9, 2007, not approved for publication
Summary judgment for the defendant Camden County and the defendant County Board of Chosen Freeholders reversed and remanded in a personal injury action; the plaintiff was injured when she slipped and fell on the steps inside City Hall in the City of Camden on "a very snowy day"; the Appellate Division agreed with the plaintiff's argument that summary judgment should not have been granted because there was sufficient evidence to raise a genuine issue of material fact as to whether the defendants had actual or constructive notice of the dangerous condition on the steps where the plaintiff slipped and fell; a fact-finder reasonably could infer (1) that the steps had been wet for a sufficient period of time to place the defendants on notice of the condition and of its dangerous nature and (2) that the defendants' failure to take action to protect against that condition was palpably unreasonable; there was an adequate factual foundation for a jury to find that any puddles of water on the steps could have been dealt with readily through the use of warning signs, runners, or a mop.
Source: NJ Lawyer Daily Briefing dailybriefing@njsba-njldailybriefing.com, October 10, 2007
2. Suppression of Stop and Dismissal of DWI Dismissed Where No Erratic Driving.
DRUNK DRIVING. STATE v. AMELIO. Appellate Division, A-1679-06T5, September 21, 2007, not approved for publication. Law Division order following a trial de novo that granted the defendant's motion to suppress evidence that resulted from a stop of his vehicle and that led to his arrest for driving while intoxicated and for refusal to submit to a Breathalyzer test affirmed; the defendant's 17 year old daughter reported to the police that she was having a verbal dispute with the defendant, that the defendant was "drunk," and that he had left the scene in a vehicle; a police officer on patrol observed a vehicle that matched the description given by the daughter; that vehicle parked on the side of the road and then drove away about five seconds later; the officer then pulled the vehicle over; the Law Division properly concluded that the information given to the police dispatcher and then to the officer did not provide reasonable suspicion that the defendant was driving while intoxicated; there was no evidence that the defendant was operating his vehicle in an erratic manner, and the only evidence offered by the State was the daughter's statement that the defendant was "drunk."
Source: NJ Lawyer October 1, 2007
3. Insurance Company Required to Participate in Injured Person's Underinsured Motorist Arbitration.
KARAMOLEGOS v. YUNGER Appellate Division, A-991-06T1, October 16, 2007, not approved for publication. Law Division order that required that the defendant/third-party plaintiff insurer of the plaintiff appear at underinsured motorist arbitration within 90 days affirmed substantially for the reasons expressed by the Law Division; the plaintiff was injured in an accident with the defendant driver in December 2002; in February 2004, the driver and the defendant owner of the vehicle he was operating offered to settle, and the plaintiff's attorney requested permission from the insurer to accept the offer and to pursue a UIM claim under Longworth v. Van Houten; in December 2004, the plaintiff filed her automobile negligence action; in January 2005, the insurer stated its parameters for UIM arbitration, which the plaintiff's attorney accepted; the insurer did not respond thereafter, and the plaintiff accepted the settlement in August 2005; the insurer then rejected the plaintiff's claim for UIM benefits, asserting that its subrogation rights had been jeopardized by the plaintiff's failure to give notice before settling; however, the Law Division properly determined that the plaintiff had substantially complied with both Longworth and Rutgers Cas. Ins. Co. v. Vassas.
4. Business Not Liable When Neighbor's Customer Hit by Car.
Brierley v. Rode. 09-27-07 A-0637-06T3. A business that permits another business, which is on the other side of a public road, to use its lot for customer parking, has no duty to the other business's customers to make passage over the road reasonably safe.
5. Uninsured Motorist Benefits are Available to a Plaintiff in a Random, Drive-By Shooting.
Livsey v. Mercury Insurance Group. A-1238-06T5 10-24-07. Uninsured motorist benefits are available to a plaintiff in a random, drive-by shooting.
6. Landlord Not Liable for Tenant's Dog's Bite.
TORTS. SPELLS v. UPLAND. Appellate Division, A-1373-06T1, November 5, 2007, not approved for publication. Summary judgment for the defendant landlords affirmed in a personal injury action; the plaintiff child was bitten and dragged by a dog owned by the defendant tenant; the dog had gotten loose and had run onto the sidewalk in front of the next-door neighbor's house; the trial court had concluded that a landlord cannot be held liable for a bite by a tenant's dog that occurs outside the common areas of the apartment house over which the landlord has control; there were no facts on which the fact-finder could conclude that the landlords knew or should have known that the tenant's dog was vicious or that it was likely to get loose; thus, even if the landlords owed a duty of care to persons on adjoining properties, there was no basis to conclude that they were negligent with regard to the dog biting the plaintiff.
Source: NJ Lawyer Daily Briefing November 6, 2007
7. City Not Liable for Injury When Injury is Not Permanent.
TORT CLAIMS ACT. BRITTON v. CITY OF ELIZABETH. Appellate Division, A-2203-06T2, November 5, 2007, not approved for publication. Summary judgment for the defendant City and the defendant City Department of Health and Human Services based on the N.J.S.A. 59:9-2(d) verbal threshold under the Tort Claims Act affirmed substantially for the reasons expressed by the trial court; the plaintiff fractured her left fibula when she fell from a swing; the Appellate Division rejected the plaintiff's arguments (1) that, because she remained under the care of her doctor through the date of the appeal, summary judgment had been improperly granted and (2) that, because there were material questions of fact as to whether she had suffered a permanent injury that was substantial, summary judgment should be vacated.
Source: NJ Lawyer Daily Briefing November 6, 2007
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
Kenneth Vercammen, Attorney at Law November 12, 2007
In This Issue
_______________
In this issue:
1. Municipality Could be Liable for Slip & Fall on Snow.
2. Suppression of Stop and Dismissal of DWI Dismissed Where No Erratic Driving.
3. Insurance Company Required to Participate in Injured Person's Underinsured Motorist Arbitration.
4. Business Not Liable When Neighbor's Customer Hit by Car.
5. Uninsured Motorist Benefits are Available to a Plaintiff in a Random, Drive-By Shooting.
6. Landlord not Liable for Tenant's Dog's Bite.
7. City Not Liable for Injury When Injury is Not Permanent.
--------------------------------------------------------------------------------
1. Municipality Could Be Liable for Slip & Fall On Snow
TORT CLAIMS ACT. ANTHONY v. TRI-COUNTY SECURITY. Appellate Division, A-361-06T3, October 9, 2007, not approved for publication
Summary judgment for the defendant Camden County and the defendant County Board of Chosen Freeholders reversed and remanded in a personal injury action; the plaintiff was injured when she slipped and fell on the steps inside City Hall in the City of Camden on "a very snowy day"; the Appellate Division agreed with the plaintiff's argument that summary judgment should not have been granted because there was sufficient evidence to raise a genuine issue of material fact as to whether the defendants had actual or constructive notice of the dangerous condition on the steps where the plaintiff slipped and fell; a fact-finder reasonably could infer (1) that the steps had been wet for a sufficient period of time to place the defendants on notice of the condition and of its dangerous nature and (2) that the defendants' failure to take action to protect against that condition was palpably unreasonable; there was an adequate factual foundation for a jury to find that any puddles of water on the steps could have been dealt with readily through the use of warning signs, runners, or a mop.
Source: NJ Lawyer Daily Briefing dailybriefing@njsba-njldailybriefing.com, October 10, 2007
2. Suppression of Stop and Dismissal of DWI Dismissed Where No Erratic Driving.
DRUNK DRIVING. STATE v. AMELIO. Appellate Division, A-1679-06T5, September 21, 2007, not approved for publication. Law Division order following a trial de novo that granted the defendant's motion to suppress evidence that resulted from a stop of his vehicle and that led to his arrest for driving while intoxicated and for refusal to submit to a Breathalyzer test affirmed; the defendant's 17 year old daughter reported to the police that she was having a verbal dispute with the defendant, that the defendant was "drunk," and that he had left the scene in a vehicle; a police officer on patrol observed a vehicle that matched the description given by the daughter; that vehicle parked on the side of the road and then drove away about five seconds later; the officer then pulled the vehicle over; the Law Division properly concluded that the information given to the police dispatcher and then to the officer did not provide reasonable suspicion that the defendant was driving while intoxicated; there was no evidence that the defendant was operating his vehicle in an erratic manner, and the only evidence offered by the State was the daughter's statement that the defendant was "drunk."
Source: NJ Lawyer October 1, 2007
3. Insurance Company Required to Participate in Injured Person's Underinsured Motorist Arbitration.
KARAMOLEGOS v. YUNGER Appellate Division, A-991-06T1, October 16, 2007, not approved for publication. Law Division order that required that the defendant/third-party plaintiff insurer of the plaintiff appear at underinsured motorist arbitration within 90 days affirmed substantially for the reasons expressed by the Law Division; the plaintiff was injured in an accident with the defendant driver in December 2002; in February 2004, the driver and the defendant owner of the vehicle he was operating offered to settle, and the plaintiff's attorney requested permission from the insurer to accept the offer and to pursue a UIM claim under Longworth v. Van Houten; in December 2004, the plaintiff filed her automobile negligence action; in January 2005, the insurer stated its parameters for UIM arbitration, which the plaintiff's attorney accepted; the insurer did not respond thereafter, and the plaintiff accepted the settlement in August 2005; the insurer then rejected the plaintiff's claim for UIM benefits, asserting that its subrogation rights had been jeopardized by the plaintiff's failure to give notice before settling; however, the Law Division properly determined that the plaintiff had substantially complied with both Longworth and Rutgers Cas. Ins. Co. v. Vassas.
4. Business Not Liable When Neighbor's Customer Hit by Car.
Brierley v. Rode. 09-27-07 A-0637-06T3. A business that permits another business, which is on the other side of a public road, to use its lot for customer parking, has no duty to the other business's customers to make passage over the road reasonably safe.
5. Uninsured Motorist Benefits are Available to a Plaintiff in a Random, Drive-By Shooting.
Livsey v. Mercury Insurance Group. A-1238-06T5 10-24-07. Uninsured motorist benefits are available to a plaintiff in a random, drive-by shooting.
6. Landlord Not Liable for Tenant's Dog's Bite.
TORTS. SPELLS v. UPLAND. Appellate Division, A-1373-06T1, November 5, 2007, not approved for publication. Summary judgment for the defendant landlords affirmed in a personal injury action; the plaintiff child was bitten and dragged by a dog owned by the defendant tenant; the dog had gotten loose and had run onto the sidewalk in front of the next-door neighbor's house; the trial court had concluded that a landlord cannot be held liable for a bite by a tenant's dog that occurs outside the common areas of the apartment house over which the landlord has control; there were no facts on which the fact-finder could conclude that the landlords knew or should have known that the tenant's dog was vicious or that it was likely to get loose; thus, even if the landlords owed a duty of care to persons on adjoining properties, there was no basis to conclude that they were negligent with regard to the dog biting the plaintiff.
Source: NJ Lawyer Daily Briefing November 6, 2007
7. City Not Liable for Injury When Injury is Not Permanent.
TORT CLAIMS ACT. BRITTON v. CITY OF ELIZABETH. Appellate Division, A-2203-06T2, November 5, 2007, not approved for publication. Summary judgment for the defendant City and the defendant City Department of Health and Human Services based on the N.J.S.A. 59:9-2(d) verbal threshold under the Tort Claims Act affirmed substantially for the reasons expressed by the trial court; the plaintiff fractured her left fibula when she fell from a swing; the Appellate Division rejected the plaintiff's arguments (1) that, because she remained under the care of her doctor through the date of the appeal, summary judgment had been improperly granted and (2) that, because there were material questions of fact as to whether she had suffered a permanent injury that was substantial, summary judgment should be vacated.
Source: NJ Lawyer Daily Briefing November 6, 2007
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
Friday, November 02, 2007
NJ Laws Email Newsletter E259 November 2, 2007
NJ Laws Email Newsletter E259
Kenneth Vercammen, Attorney at Law
November 2, 2007
In This Issue
_______________
1. Domestic Violence Not Guilty Does Not Bar Criminal Charge
2. Traffic Ticket Served After 30 Days is Untimely
3. Terroristic Threat Can Be Both 2nd or 3rd Degree
4. Upcoming Event
5. OFFICE SPACE AVAILABLE Sub-lease
6. Slip & Fall Accident
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Domestic Violence Not Guilty Does Not Bar Criminal Charge. State v. Brown 395 NJ Super. 492 (App. Div. 2007).
Neither the doctrine of collateral estoppel nor fundamental fairness preclude a criminal prosecution for the same events following denial of a Final Restraining Order and dismissal of a Domestic Violence complaint in the Family Part.
2. Traffic Ticket Served After 30 Days is Untimely. State v. Buczkowski 395 NJ Super. 40 (App. Div. 2007).
The Court applied the Supreme Court's dictum in State v. Fisher, 180 N.J. 462, 474 (2004), that N.J.S.A. 39:5-3a requires service of process within thirty days from the date of a alleged offense in most instances of charged motor vehicle violations. The Court, therefore, affirmed the Law Division's dismissal of a charge of reckless driving, N.J.S.A. 39:4-96, as untimely. The Court also applied the doctrine requiring "[t]he government [to] 'turn square corners' in its dealings with the public."
3. Terroristic Threat Can Be Both 2nd or 3rd Degree State v. Conklin 394 NJ Super. 408 (App. Div. 2007).
After the trial judge dismissed an indictment charging defendant with terroristic threats contrary to N.J.S.A. 2C:12-3(a) in connection with threats to kill the victim, the Court reinstated the indictment, holding that threats to kill may be prosecuted under either N.J.S.A. 2C:12-3(a) or N.J.S.A. 2C:12-3(b) because the elements of subsection (a) differ from elements of subsection (b) and the prosecutor has the discretion to seek an indictment under either statutory provision.
4. Upcoming Events:
Nov. 15 & 26 -Piscataway Police Lecture
Nov. 18 -Barter Depot social NJ Expo Center, Edison
Nov. 19 -Mun Drug, DWI, and Mun Seminar - Sheraton, Woodbridge - see below
Nov. 23 -Born to Run - give out calendars and magnets
HANDLING DRUG, DWI & SERIOUS MUNICIPAL COURT CASES
Monday, November 19, 2007
1:00 PM to 4:00 PM
Sheraton at Woodbridge Place, Iselin
- Penalties have increased for DWI and drug cases
- The alcotest 7110 is now part of DWI practice
- There are new municipal government rules
GAIN A THOROUGH UNDERSTANDING OF MUNICIPAL COURT PRACTICE, PROCEDURE, & RECENT DEVELOPMENTS, INCLUDING:
-Hearsay & Criminal evidence since State v. Berezansky and Crawford v. Washington
-New laws, court rules and pending legislation
-Drunk driving (DWI) - State implementation of the Alcotest 7110 breath test machine
-License suspension
-Plea agreements in drug cases
-How to read a driver's abstract when dealing with traffic violations
-Driving while suspended
-Increased refusal penalties
-Assault
-How to impress the Court and not annoy the Court staff
-Forms motions and demand letters
-Criminal case law developments during the past year
-The Rules of Professional Conduct: retainer agreements and professionalism
and more
This "nuts and bolts" guide to municipal court practice and procedure will prepare you to effectively represent clients in all types of cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will delve into a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
New Jersey Institute for Continuing Legal Education
Program # S525h-13770
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383
CustomerService@njicle.com
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers Division
5. OFFICE SPACE Sub- lease - 2053 Woodbridge Ave, Edison, NJ
Good for professional's branch office or new attorney. 2 rooms left. Available December 1, 2007. Call 732-572-0500.
6. If You Are In A Slip & Fall Accident, We Can Help
Next to car accidents, the most common type of accident is a slip and fall. If you are hurt in a slip and fall accident, you have rights, including the right to compensation for your injuries. You may have this right even if you are partly at fault for the accident.
If you are injured in a slip and fall accident, please call us. We have helped many victims of slip and fall accidents recover the maximum compensation for their injuries and losses, and we can help you. Call promptly, as the time right after the accident can be vital to your claim.
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
Kenneth Vercammen, Attorney at Law
November 2, 2007
In This Issue
_______________
1. Domestic Violence Not Guilty Does Not Bar Criminal Charge
2. Traffic Ticket Served After 30 Days is Untimely
3. Terroristic Threat Can Be Both 2nd or 3rd Degree
4. Upcoming Event
5. OFFICE SPACE AVAILABLE Sub-lease
6. Slip & Fall Accident
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Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Domestic Violence Not Guilty Does Not Bar Criminal Charge. State v. Brown 395 NJ Super. 492 (App. Div. 2007).
Neither the doctrine of collateral estoppel nor fundamental fairness preclude a criminal prosecution for the same events following denial of a Final Restraining Order and dismissal of a Domestic Violence complaint in the Family Part.
2. Traffic Ticket Served After 30 Days is Untimely. State v. Buczkowski 395 NJ Super. 40 (App. Div. 2007).
The Court applied the Supreme Court's dictum in State v. Fisher, 180 N.J. 462, 474 (2004), that N.J.S.A. 39:5-3a requires service of process within thirty days from the date of a alleged offense in most instances of charged motor vehicle violations. The Court, therefore, affirmed the Law Division's dismissal of a charge of reckless driving, N.J.S.A. 39:4-96, as untimely. The Court also applied the doctrine requiring "[t]he government [to] 'turn square corners' in its dealings with the public."
3. Terroristic Threat Can Be Both 2nd or 3rd Degree State v. Conklin 394 NJ Super. 408 (App. Div. 2007).
After the trial judge dismissed an indictment charging defendant with terroristic threats contrary to N.J.S.A. 2C:12-3(a) in connection with threats to kill the victim, the Court reinstated the indictment, holding that threats to kill may be prosecuted under either N.J.S.A. 2C:12-3(a) or N.J.S.A. 2C:12-3(b) because the elements of subsection (a) differ from elements of subsection (b) and the prosecutor has the discretion to seek an indictment under either statutory provision.
4. Upcoming Events:
Nov. 15 & 26 -Piscataway Police Lecture
Nov. 18 -Barter Depot social NJ Expo Center, Edison
Nov. 19 -Mun Drug, DWI, and Mun Seminar - Sheraton, Woodbridge - see below
Nov. 23 -Born to Run - give out calendars and magnets
HANDLING DRUG, DWI & SERIOUS MUNICIPAL COURT CASES
Monday, November 19, 2007
1:00 PM to 4:00 PM
Sheraton at Woodbridge Place, Iselin
- Penalties have increased for DWI and drug cases
- The alcotest 7110 is now part of DWI practice
- There are new municipal government rules
GAIN A THOROUGH UNDERSTANDING OF MUNICIPAL COURT PRACTICE, PROCEDURE, & RECENT DEVELOPMENTS, INCLUDING:
-Hearsay & Criminal evidence since State v. Berezansky and Crawford v. Washington
-New laws, court rules and pending legislation
-Drunk driving (DWI) - State implementation of the Alcotest 7110 breath test machine
-License suspension
-Plea agreements in drug cases
-How to read a driver's abstract when dealing with traffic violations
-Driving while suspended
-Increased refusal penalties
-Assault
-How to impress the Court and not annoy the Court staff
-Forms motions and demand letters
-Criminal case law developments during the past year
-The Rules of Professional Conduct: retainer agreements and professionalism
and more
This "nuts and bolts" guide to municipal court practice and procedure will prepare you to effectively represent clients in all types of cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will delve into a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
New Jersey Institute for Continuing Legal Education
Program # S525h-13770
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383
CustomerService@njicle.com
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers Division
5. OFFICE SPACE Sub- lease - 2053 Woodbridge Ave, Edison, NJ
Good for professional's branch office or new attorney. 2 rooms left. Available December 1, 2007. Call 732-572-0500.
6. If You Are In A Slip & Fall Accident, We Can Help
Next to car accidents, the most common type of accident is a slip and fall. If you are hurt in a slip and fall accident, you have rights, including the right to compensation for your injuries. You may have this right even if you are partly at fault for the accident.
If you are injured in a slip and fall accident, please call us. We have helped many victims of slip and fall accidents recover the maximum compensation for their injuries and losses, and we can help you. Call promptly, as the time right after the accident can be vital to your claim.
Thank you for reading our newsletter! God Bless America USA #1
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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/
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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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