2053 Woodbridge Avenue - Edison, NJ 08817

Friday, September 23, 2011

E376 NJ Laws Email Newsletter

NJ Laws Email Newsletter E376
Kenneth Vercammen, Attorney at Law

September 21, 2011

Office Phone Number:
(732) 572-0500
In This Issue:
1. County Surrogate Urges Seniors to Check Bank Safe Deposit Box Policies.
Recent Cases:
2. Expert can Testify to Lab Report if they Watched & Supervised Lab Test.
3. Private Citizen cannot Appeal Dismissal of Criminal Case Dismissed on No Probable Cause.
4. Fun Upcoming Running Races and Community Events.
5. Social Networking Websites for Networking and Fun.

1. County Surrogate Urges Seniors to Check Bank Safe Deposit Box Policies.
The Union County Surrogate is urging residents, seniors in particular, to make sure they understand their bank's policy should the need arise to remove their Last Will and Testament or other sensitive documents from a safe deposit box.
In New Jersey, the probate process can begin with the presentation of the original Will and a death certificate with a raised seal. Banks from out of state have implemented policies and procedures that disregard New Jersey's Probate practice. Prior to the large-scale acquisitions of local banks by larger out-of-state-banks, the practice in New Jersey was to allow surviving family members to remove three things from the safe deposit box prior to the appointment of an executor or administrator.
Those items are funeral or burial arrangements, insurance policies with a named beneficiary, and the decedent's Last Will and Testament. Recent bank mergers and acquisitions have made it increasingly difficult for the estate representative or family member to get the documents needed to have a Will probated or to determine if there is no Will.
"Out-of-state-banks are requiring people to acquire a document that is non-existent in the New Jersey Probate Code," Union County Surrogate, Mr. LaCorte said. "They have failed to give proper acknowledgement to what has always been the procedure in New Jersey in these times of hardship."
Before renting a safe deposit box, it is advised to check the policy and be clear on the process to remove items from the box. Make certain that these large banks will allow those documents to be removed without requiring an order from the Surrogate's Court. Smaller local community banks will probably serve the public better in this regard. If a safe deposit box is already rented and the bank has merged with another bank, it is advisable to review the bank's policies for any changes. If the policy makes it difficult to remove items, than the family should find another bank.
2. Recent Cases: Expert can Testify to Lab Report if they Watched & Supervised Lab Test. State v Rehmann 419 NJ Super. 451 (App. Div. 2011).
In seeking to prove defendant's blood alcohol content in this DWI prosecution, the State called an expert to testify in regards to the results of a laboratory test performed on the defendant's blood sample by another technician. In considering defendant's argument that the failure to produce the other technician violated the rights guaranteed him by the Confrontation Clause of the Sixth Amendment, the court held that in such circumstances the State must call a witness who has made an independent determination as to the results offered. The court concluded that a surrogate witness knowing nothing but what is stated in another's report will not satisfy a defendant's confrontation rights but nevertheless affirmed and found that the State called an appropriate witness because the witness supervised the testing process and signed the laboratory certificate.
3. Private Citizen cannot Appeal Dismissal of Criminal Case Dismissed on No Probable Cause. State v Bradley 420 NJ Super. 138 (2011).
A private citizen is not a "prosecuting attorney" as defined in Rule 3:23-9. Accordingly, if a municipal court administrator or municipal court judge finds no probable cause to issue a complaint at the request of a private citizen, that citizen lacks standing to appeal the decision.

4. Fun Upcoming Running Races and Community Events

If you are attending any of these charity races, please call or email Ken V. Often we car pool or meet at these events.
9/24 Metuchen YMCA 5k 8:30 Garbolino 5k run at Roosevelt Park
9/25 Lavallette Sprint triathlon Swim ¼ mile, Bike 12 miles, Run 3.1 miles Boy Scout Troop #22 Jesse W. Anderson Sprint7:30 $40.00 +
Monday September 26, 2011 at 1:00 PM
Wills & Power of Attorney Seminar for St. Thomas Seniors Old Bridge
WHERE: St Thomas The Apostle Church
One St Thomas Plaza [off Route 18]
Old Bridge, NJ 08857
10/1 Metuchen Fair 9:00AM set up
10/1 Taste of Sea Bright
Saturday Noon to 5:30PM, rain or shine
Ticket cost: $40
Anjelica's Restaurant
Bagel Boys
Diamond Deck Tiki Bar
The Dockside
Driftwood Cabana Club & Catering
Kotobuki Japanese & Korean Cuisine
The Liquor Store at Sea Bright
The Mad Hatter
McLoone's Rum Runner
Philomenia's Italian Restaurant
Sea Bright Supermarket
Trattoria "G"
Windows on the Water
Waves Hair Studio
Woody's Ocean Grill
Yumi Neo-Asian Cuisine
(Includes admission bracelet, map/passport, all food, drinks, cocktails, unlimited trolley/bus rides throughout the event
10/2 Jersey Shore Half Marathon & 5k 13.1 and 5k Sandy Hook 9am
5. Social Networking Websites for Networking and Fun.
Kenneth Vercammen was a speaker for the American Bar Association at its annual meeting. One of the programs recommended businesspersons join Facebook and other online social networking sites/
Visit some of the below social networking site for ideas. These are examples of Ken Vercammen's profiles:
1. Facebook:
2. Linkedin.com:
3. Myspace:
4. Twitter:
5. Meet the Elite:
6. Google:
7. Flickr:
8. Justia Lawyer Directory:
10. JD Supra:
11. Avvo Legal rating:
12. Athlinks: Running Race Results
13. Lawlink
14. Delicious
15. ActiveRain
16. Spoke
18 Friendfeed.com:
Kenneth Vercammen Video Sites:
V1. YouTube:
Editorial Assistance provided by Bobbi Asper. Ms. Asper is currently a senior at Rutgers University and is participating in our Fall Internship Program.

Tuesday, September 20, 2011

NJ Laws Email Newsletter E375

NJ Laws Email Newsletter E375
Kenneth Vercammen, Attorney at Law

August 31, 2011

Office Phone Number:

(732) 572-0500


In This Issue:

1. Fly the Flag on 9/11.

2. Do I have a Case if Involved in an Accident?

3. Recovering Attorneys' Fees in Litigation Cases?

4. Free Will Seminars and Speakers Bureau

5. Next community events & races including 911 Memorial Runs.

Greetings Kenneth Vercammen,

1. Fly the Flag on 9/11

GET YOUR FLAG READY! Please join us in this FLY THE FLAG campaign and PLEASE forward this Email immediately to everyone in your address book asking them to also forward it. If you forward this email to least 11 people and each of those people do the same, thousands can be reached!

THE PROGRAM: On Saturday, September 11th, 2011, an American flag should be displayed outside every home, apartment, office, and store in the United States. Every individual should make it their duty to display an American flag on this seventh anniversary of one our country's worst tragedies. We do this honor of those who lost their lives on September 11, 2001, their families, friends and loved ones who continue to endure the pain, and those who today are fighting at home and abroad to preserve our cherished freedoms.

In the days, weeks and months following 9/11, our country was bathed in American flags as citizens mourned the incredible losses and stood shoulder-to-shoulder against terrorism. Sadly, those flags have all but disappeared. Our patriotism pulled us through some tough times and it shouldn't take another attack to galvanize us in solidarity. Our American flag is the fabric of our country and together we can prevail over terrorism of all kinds.

Action Plan: So, here's what we need you to do;

1. Forward this email to everyone you know, at least 11 people. Please don't be the one to stop this chain. Take a moment to think back to how you felt on 9/11 and let those sentiments guide you.

2. Fly an American flag of any size on 9/11. Honestly, Americans should fly the flag year-round, but if you don't, then at least make it a priority on this day.

2. Do I have a Case if involved in an Accident?

People frequently contact lawyers after they have gotten hurt to ask "do I have a case?" When answering this question, lawyers consider several factors. First, a lawyer must determine whether someone was negligent. The issue of negligence is based upon whether the injured party was owed a duty of care from someone else. Any breach of that duty of care, either through reckless or careless behavior, can be considered negligence.

However, the analysis does not stop there. A lawyer must then consider if the injured person is entitled to an award of damages. Damages are monetary compensation intended to address an injury that someone has sustained. Damages can be awarded to pay an injured party's medical bills, reimburse him for lost salary, fix damaged property, and account for pain and suffering.

In some instances, a person may have been injured through someone's negligence, but has suffered no damages. If that happens, a lawsuit may not be advisable. Obviously, no one should make this determination on their own.

Source: News from Courter, Kobert & Cohen, PC.

3. Recovering Attorneys' Fees in Litigation Cases?

Many litigants are surprised to learn that they cannot recover their attorneys' fees if they win their lawsuit. The reason is quite simple - New Jersey follows the American Rule. The American Rule means that each litigant pays his own attorney regardless of who ultimately prevails.

New Jersey Court Rule 4:42-9 has certain exceptions to the American Rule. It generally permits an award of attorneys' fees where such fees are allowed by statute or the Court Rules. In addition, attorneys' fees may be recovered in a contract dispute if the written agreement permits the prevailing party to recover those fees.

Prospective litigants should, therefore, be mindful of the amount of money in dispute and seek to obtain an accurate estimate of the fees and costs that will be incurred during each phase of a litigated matter. As is the case with any business decision, a cost/benefit analysis should be thoroughly considered with your lawyer before proceeding into litigation and when contemplating a potential settlement. Source: News from Courter, Kobert & Cohen, PC

For representation in Northwest NJ call Paris P. Eliades (973) 726-0555

Family Law

Criminal Law

Sparta, New Jersey

4. Free Will Seminars and Speakers Bureau

The AARP Network Attorneys of the Edison/Metuchen/East Brunswick area had established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available:

Details on the 2 programs currently offered:



All instructors are licensed attorneys who have been in practice at least 17 years. All instructors are members of the American Bar Association, New Jersey State Bar Association, and Middlesex County Bar Association.

All programs include free written materials.

You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law.

Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; Selecting an executor, trustee, and guardian; Proper Will execution; Cost of an "uncomplicated Will"; Where should Wills be kept?; "Living Will"; Powers of Attorney; $10,000 annual gift tax exclusion, Bequests to charity, Why you need a "Self-Proving" Will and Estate Administration/ Probate.

Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights.


At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to business persons, educational, civic and social organizations on a wide range of topics during business hours.



Chances are many of your members have been in a situation where they could have benefited from legal advice. Have you ever been in an accident? Has a motor vehicle or criminal complaint ever been filed against you or a member of your family? Many individuals face these and other types of problems. Often people do not protect their rights, only to later face lengthy license suspensions or even jail for failure to resolve legal problems early on. That's why Legal Rights Seminars are offered.

This means your members can get advice and possibly prevent legal problems before they occur. Most importantly, they can have peace of mind.

Americans need an attorney when legal problems strike. As in the case of medical services, early treatment can prevent catastrophe and its attendant cost in time and money. For example, psychological studies have demonstrated that there is a direct correlation between legal problems and lost work time and productivity. Employees' work performance often has a direct relationship to personal legal problems. Therefore, the sooner a solution can be found for the employees' problems, the sooner employees can focus on their work.

In today's complex world, few people can function successfully and safely without competent legal advice. In order to insure your estate plans are legally set up, you need to know exactly where you stand so that you can avoid possibly catastrophic mistakes impacting both you and your family. For additional information on the Legal Seminars, contact our Coordinator, Kenneth Vercammen's law office at (732) 572-0500.

5. Next community events & races including 911 Memorial Runs

If you are attending any of these charity races, please call or email Ken V. Often we car pool or meet at these events.

9/4/11 Jimmy D 5k New Brunswick 9am free beers

9/5 Monday Pier House 5K, Long Branch 8:30

9/5 So Plainfield 3 mile 9:15

9/10 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30 Co-Sponsor Wakefern

9/11 911 Memorial run Belmar 6pm Belmar [not a race]

To memorialize all from the Jersey Shore who were lost on September 11, 2001

Belmar, NJ. Start On the Boardwalk across from

Dunkin Donuts [GPS- 1601 Ocean Avenue, Belmar]

Sunday - September 11 - 6 PM

This is not a Race.

We start in Belmar with the reading of the first section of names from the Jersey Shore who were lost on that tragic day. We will run in Silence as a group to the September 11 Memorial in Spring Lake where more names will be read by all of the runners and flags and flowers will be placed on the memorial. We will then proceed to a memorial as a group again in silence where the rest of the names will be read. After an additional moment of silence we will return to the start.

There is no charge or registration fee, no t-shirts, no clock, no bib numbers and no awards. All are Invited to Commemorate those Lost.

Jersey Shore Running Club - www.jsrc.org