2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, September 18, 2024

E709 VercammenLaw News

 

E709 VercammenLaw News

1 Restraining Order reversed where plaintiff did not establish terroristic threats  

2 Motion to dismiss contempt of TRO should have been denied since no dispute defendant violated TRO

3 Suppression reversed where Judge granted the suppression motion on an issue not raised by the parties

4 Happy Hour at Headliner Club in Neptune on August 2 Friday at 6pm.   

5 CONFIDENTIAL WILL QUESTIONNAIRE

6 Fun outdoor Events July 26-Aug 12

   Recent cases

1 Restraining Order reversed where plaintiff did not establish terroristic threats      

    D.M.Z. v. C.J.H., Jr.,   On Vercammenlaw YOUTUBE      

    Defendant appealed the grant of a final restraining order against him. 

The parties were previously in a relationship and had two children. Plaintiff alleged defendant committed terroristic threats against her. She alleged she spoke to defendant at child's softball game about defendant taking their other child to Canada and defendant stated "he was gonna fuck me up," he would "fuck me up out of here," called her names and threatened to physically harm her in front of the child.    

     Plaintiff emailed a video of the incident to the court. Plaintiff testified the parties had problems in the past over parenting issues and defendant had threatened her with bodily harm and pulled her by her hair 11 years earlier. Defendant said plaintiff cursed at him at the game and said he was not a good father when he asked to take son to Canada for two weeks and his remarks meant he would get his attorney and "smash" her in court. He denied any prior acts of domestic violence and asserted she had struck him in the past and he had obtained an FRO against her. Trial court did not view the video and found plaintiff credible and defendant not credible. Court reversed and remanded for a new hearing before a different judge. Court found trial court did not establish plaintiff proved the required elements of terroristic threats. DMZ DOCKET NO. A-3849-21 Source Daily Briefing - 10-02-23 The Daily Briefing is an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal and a subscription may be necessary to access the full text of some news articles.

2 Motion to dismiss contempt of TRO should have been denied since no dispute defendant violated TRO

 State v. Manzano, On Vercammenlaw YOUTUBE

State appealed trial court's order dismissing its prosecution of defendant on the offenses of contempt and resisting arrest disorderly persons on the ground that defendant's conduct reflected de minimis infractions. A municipal court judge entered a Prevention of Domestic Violence Act temporary restraining order against defendant after she was arrested for injuring a person with whom she resided.   

When defendant was released, she promptly violated the TRO by returning to the residence and harassing the victim with telephone calls. The victim reported to police that he feared for his life. Police found defendant in her car but had difficulty arresting her and she refused to comply with officers' orders. Defendant was subdued and charged with the disorderly persons offenses of contempt and resisting arrest.

 Defendant moved to dismiss the charges as de minimis infractions under N.J.S.A. 2C:2-11. Upon hearing, which included witness testimony and police officer bodycam video, trial court granted the motion. Trial court concluded there was no evidence defendant actually caused or threatened the harm sought to be prevented by the law in defining her alleged offenses, and it deemed defendant's actions too trivial to warrant conviction. 

State appealed. Court reversed and remanded for further proceedings. Trial court abused its discretion in granting defendant's motion because it did not apply the correct legal standard in assessing facts pertinent to the determination of the dismissal motion. 

      Court conducted de novo review and deemed reversal was warranted where defendant's actions caused, and threatened to cause, the harm sought to be prevented under the contempt statute pursuant to which she was charged. There was nothing trivial in defendant's acts of contacting the domestic violence victim by phone and being at his residence in violation of the TRO shortly after her release from custody. Defendant therefore was not entitled to dismissal of prosecution of the contempt charge. Nor, court said, was she entitled to dismissal of the disorderly persons resisting arrest charge where defendant defied officers' orders and flailed about to prevent being placed in handcuffs pursuant to her arrest. Trial court also erred in deeming defendant's conduct too trivial to warrant prosecution. Defendant brazenly violated trial court's TRO and physically fought against police officers' efforts to arrest her. Such conduct, with no extenuating circumstances, fell within the range of conduct that the Legislature intended to criminalize. DOCKET NO. A-1017-22 Unreported source Daily Briefing - 11-30-23

3 Suppression reversed where Judge granted the suppression motion on an issue not raised by the parties

State v. Hall  On Vercammenlaw YOUTUBE

State appealed the suppression of evidence seized in a warrantless search. Police received a call from a woman saying her daughter's father texted her, saying men had forced their way into his apartment and she should bring the police. Police entered the apartment and found father, his roommate and four other individuals, including the defendants. Father stated defendants forced their way into the apartment, pointed weapons at him and demanded he vacate the residence. Father and roommate consented to a search of the apartment for weapons.  

   Police found a handgun and knife in a garbage can. Motion judge found defendant had "automatic standing" to file the suppression motion and accepted defendant's position that "he was invited into the apartment by someone else" who he believed owned the apartment. Defendant argued father's consent to search was invalid because he illegally lived in the apartment. State argued officers reasonably believed that father had apparent authority to consent. Trial judge held an evidentiary hearing for the limited issue of whether it was reasonable for officers to believe father had the ability to consent to the search. Father told police he had a handwritten document purporting to be a lease. Defense counsel argued someone wrongfully rented the apartment to father and defendant was there at the request of the apartment owner. Motion judge found Father and roommate had authority to consent to the search but suppressed the weapons because where they were found went beyond the authority either roommate had to provide consent. 

       Appeal Court vacated the suppression order and remanded. Appeal Court agreed with State that motion judge mistakenly granted the suppression motion on an issue not raised by the parties and was denied the opportunity to develop a record regarding the scope of the search. DOCKET NO. A-0955-23 Unpublished Daily Briefing  2024-04-16  


4 Happy Hour at Headliner Club in Neptune on August 2 Friday at 6pm.   

  Clients, Friends, Professionals  and friends invited.

 RSVP please email VercammenLaw@Njlaws.com

    Outdoor & Indoor music, prize giveaways. Bring your friends. Pass this along. Please bring a canned food donation for St. Matthews Edison Foodbank. Also Celebrating Ken’s 65th birthday.


Headliner is located at 1401 Route 35, Neptune NJ, 07753 with a 2nd floor view of the Shark River.  

       Co-sponsored by several Professional groups, Chambers of Commerce and civic organizations     Free event!     

Ken Vercammen will buy a drink for all registered ahead.

     Headliner requires attendees be submitted one day ahead. Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.   

More details at https://www.facebook.com/events/906077377984376

All over 21 invited.  

5 CONFIDENTIAL WILL QUESTIONNAIRE

 Please type up & fill out completely and email back. Typing name and details is necessary. Save as word doc or text with your name. 

   Don't save as pdf or handwrite. Your accuracy and completeness in responding will help me best help you. 

   This form is extremely important. All sections and information must be filled out prior to discussing with the attorney. Should not be handwritten since computer will scan and computer cannot read handwritten info.    

 After we receive we call to discuss.

      KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave

Edison, NJ  08817  (Phone) 732-572-0500            


         Please be sure to check all appropriate boxes. If "NONE", please state "NONE".  If "NOT APPLICABLE", please state "N/A"  rev 9/10

 

1.   Your Full Name:      ______________________


2.    IF MARRIED OR SEPARATED, complete (a) and (b) below.  If married no need to fill out separate forms unless you want different Executors 


Spouse's Full Name:   First  Last        __________________ 


3.  Address:           ______________________ 

Your Street Address: City State   Zip Code 

             

4.    Telephone Numbers:                 

 

Cell:   _____________________   other #  _________

                                                                                       


5.    E-mail address:             _________ 


6. Referred By:    __________ [Or how did you hear about us? _____

  If referred by a person, is this a client or attorney?  If you heard about the law office on the Internet, what search terms did you use? If Legal plan, type Claim number & member ID. 

[Metlife Hyatt,  ARAG Legal, UAW] ________________, _________


7 We recommend a Durable Power of Attorney in the event of your physical 

or mental disability to help you with financial affairs?    Yes ________  No ____

  We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo, Karen Quinlan?   Yes ____ No ____


Confidential Will Q                           

  How can we help you? What are your questions/other important information that need to be addressed?


____________________________________________

[It is required that all pages be filled out prior to discussing with the attorney]

8.    Your Marital Status: [  ] Single             [  ]  Married        

  [  ]  Widowed    [  ]  Separated                [  ] Divorced 

 If you are the parent or legal guardian of a minor child or minor children, please check here.  [   ] 

2.  ESTATE EXECUTOR 

         The person charged with administering/Probating your estate, paying taxes and/or other debts, preserving, managing, and distributing estate assets and property is called an Executor. This person should be one in whom you have trust and confidence. Most people select their SPOUSE as primary Executor, followed by the child who lives closest to your home. Type Spouse unless you don’t want spouse.

         Please provide the following information about the person you wish to name to serve in this capacity.

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


Name: First  Last:            ___________________           


Relationship:   _______________ 


2. SECOND Choice of Executor/Personal Representative in Power of Attorney:

         This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death or is unable to serve.


Name: First  Last        _________________________    


Relationship: _______________  

Address: _____________________________

    The two proposed Executors must be filled out prior to discussing with the attorney. We do not recommend Joint Executors, which cause conflicts and additional work for the Estate. It is best to select one primary person, then another person as a Second Executor. Needs to be over age 21.


Asset Information- Must Be Completed - If none, type “none”.


House/Real Estate Address           _______________ 


Other Real Estate Address            _____________ 


Estimate Total Real Estate Value: _____________ mortgage balance ____


 We don't need specifics or current amounts, just estimate of total:

Bank Accounts, Stocks, CDs and Assets:         _______________________ 


Approximate Amount ____________________________


Direct Beneficiaries of Accounts - If none TYPE "none" ____________________


Other Major Assets - If none, TYPE "none" _____________________________


Approximate Life Insurance: ___________  Beneficiary _______

No account numbers needed; Assets are not listed in a Will since assets change

  Is total more or less than $12,500,000 ? ____________ 

In the Will- Who do you want to get your assets & who gets if beneficiary died:


Beneficiary (1) _____________      Relationship _________


Beneficiary (2) ____________        Relationship _______


Beneficiary (3) ______________    Relationship _______

    It is required that major assets and beneficiaries be filled out prior to discussing with the attorney. A best guess. Also, list who receives assets if a beneficiary dies prior to you if that person’s share does not go to their children. No account numbers needed.

   Any Specific Bequests of Money and Property: [type if detailed]

_______________________________________________

 [  ] A. MARRIED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN).

       Generally most married people provide that, upon their death, property will be distributed as follows:

         1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse.

         2. If your spouse predeceases you, then your estate will be divided in equal shares among all of your living children, If any child shall predecease you, then that child's share to their children (grandchildren).


Names of Children:               ________________Age: _____

 

                    ________________________                   Age: _____ 

    LIST THE NAMES AND AGES OF ALL CHILDREN EVEN IF THEY ARE OLDER THAN EIGHTEEN. IF NO CHILDREN, TYPE NONE.

       If there is child you intentionally want to leave out of the Will, please type their full name and age in CAPS. No reason needed. Also, if any other family member needs to be excluded, type name in CAPS.


III. GUARDIAN(S) OF MINOR CHILD(REN) or Trustees of Trust for children

       [Skip this section if you have NO minor children and DO NOT want a trust. There are substantial additional fees for preparation of a stand-alone funded Trust, minimum $3,000] 

       The surviving parent of a minor child is ordinarily entitled to be the GUARDIAN of that child. In the case of simultaneous death of you and your spouse, or if you are a single parent, you should appoint a Guardian for your minor child. It is advisable, prior to the completion of this Questionnaire, to make sure that your proposed Guardian(s) is (are) willing to serve as Guardian(s). In addition, the Trustee will also hold the monies for the minor children UNLESS you direct us otherwise. In your Will you can have any adult serve as Trustee of monies for minor children. This cannot be your spouse.

         Provide the following information about the person(s) you select to be Guardian(s)/Trustee(s) for minors. In the event my spouse predeceases me, I name as GUARDIAN(S)/ TRUSTEE(S):


1.  PRIMARY Choice of GUARDIAN / TRUSTEE:


Full Name: _______________________________________


Relationship: ______________________________________


2.  SECOND Choice of GUARDIAN / TRUSTEE:


Full Name: _______________________________________


Relationship: _____________________________________

[  ] B. MARRIED PERSONS WITH NO CHILD(REN) OR GRANDCHILD(REN).

       Generally most married people with no child(ren) or grandchild(ren) provide that upon their death their property will be distributed as follows:

1. Your estate (all property and assets not owned jointly with another person) will be distributed to your surviving spouse, but

2. If your spouse predeceases you, then your estate will be distributed to your living parent, or equally to your living parents.  

3. But should both of your parents predecease you, then your estate will distributed equally to your brothers and sisters or equally to the children of a predeceased brother or sister.

         Please check B above only if you wish your property distributed precisely and exactly as indicated in section B, 1 through 3, above.

   Additional information on Wills, Probate and Elder Law available at www.njlaws.com. The Will Q interview form online at http://www.njlaws.com/will_questionnaire.html


[ ] C. DIVORCED OR WIDOWED PERSONS WITH CHILD(REN) OR GRANDCHILD(REN). Generally, most divorced or widowed persons with child(ren) or grandchild(ren) provide that upon their death property will be distributed as follows:  1. Your estate (all property and assets not owned jointly with another person) will be distributed in equal shares to all of your living child(ren).

         2. But if one or more of your children predeceases you, that deceased child's share will be distributed to his or her child(ren), your grandchild(ren) in equal shares

        [  ] D. ALTERNATE PLAN OF DISTRIBUTION - You may list specific gifts to individuals and/or divide your estate among several individuals by listing percentages to each, making sure that the percentages total 100%. You may add additional sheets if necessary or use the back of this form.  There are additional Will preparation fees if there are gifts, called specific bequests. 

       Are there any beneficiaries with special needs, or receiving SSI or SDD or there are reasons why an Adult should not receive money outright? Please answer in detail     ___________________________

    Are you or any of your Beneficiaries not United States citizens? _______

If not US citizen, extra taxes may apply. 

Do you have any religious wishes on burial? ___, Are you a USA Veteran or Elks member?_

       PLEASE TYPE DOWN ANY QUESTIONS YOU HAVE HERE or anything else important that we should be aware. Use back of this page for additional important information or type a list:


___________________________________________

___________________________________________________


      If your assets exceed $11,700,000 and you desire estate planning to avoid or reduce your Federal estate tax or require a Trust to protect a spouse or children, please advise Mr. Vercammen. A Standard Will is not designed to address estate tax issues. We do not do Medicaid Nursing Home Planning. The Law Office building has four steps in the front so please advise us if you need accommodation ahead of time.

                  WILLS:

T 1- Parents with minor children and trust for children 22,25,30       ___________

T 2- Parents no spouse                                                            ____________

T 3- Unmarried                                                                          ____________

T 4- Parents without trust                                                         ____________

T 5- Spouse Trust Will $ for spouse to go in Trust? [2nd marriage 

or protect assets from Medicaid]                                                 _____


         PAYMENT WILL BE MADE BY:  (Please check one)

Check, Credit Card (Visa, Mastercard, American Express) or Cash 

Checks are payable to Vercammen PC

  If Legal plan, need claim numbers or case  # __

    Payment is required for Will, Power of Attorney and other document prior to any documents being drafted if not a legal plan.  

         The Law Office works remote. We prepare the documents and email documents to clients for reading and execution. 

    Minimum fee for Last Will and Testament preparation is $350 each unless paid by a legal plan. Husband and wife $700. There is only one form needed for a husband and wife. NJ does not have joint Wills. We charge a $200 consultation fee, which is credited to the preparation of the Will or other document. This $200 fee is non-refundable even if the documents are not prepared. If there are any changes to a draft form Will, Power of Attorney, or other document, there will be a minimum charge of $75.00 per revision. The Will needs to be signed within 21 days of initial preparation or an additional fee of $100.00 will be charged. Due to complexity and need to re-title assets, Fees for Stand-Alone Trusts are minimum $3,000. This form is not a Will.

Fun outdoor Events July 26-Aug 12

July 26 Chris “Mad Dog Russo” Returns to Live Broadcast his Show with special musical guest the Illegally Blind. Live on Bar A Summer Stage! – Bar Anticipation

https://bar-a.com/event/chris-mad-dog-russo-returns-to-live-broadcast-his-show-with-special-musical-guest-the-illegally-blind-live-on-bar-a-summer-stage/


July 28 East Brunswick VFW 5K Run Supporting Veterans VFW 9am Sun 

https://runsignup.com/Race/NJ/EastBrunswick/Benefit5KRunWalk


Miracle run Old Bridge Elks

Sun, Jul 28, 2024 Picnic 1pm


Old Bridge Elks Lodge 2229

69 Old Amboy Rd

Old Bridge, NJ 08857


7/29 Tom Petty Concert Experience @ Pier Village Carousel, ...

https://m.facebook.com › Facebook Events › Music Event

Music event in Long Branch, NJ by Damn The Torpedoes on Monday, July 29 2024.

https://www.facebook.com/events/997272808670813/?paipv=0&eav=Afb0dlxDAZc1qZKWA-rPS62GEGxkWMUulxPUpB3d29z7-u9zIXaemWGk3_M6Y_T55Pw&_rdr


7/30 Woodbridge  Best of the Eagles 7:30

Summer 2024 7:30 PM


7/31 Woodbridge Pizza 4 miler 7pm Wednesday new date Wakefern Shoprite supports

https://runsignup.com/Race/NJ/Sewaren/DowntownWoodbridge4MilePizzaExtravaganza  


Aug 1 Cosmic Jerry Band Jerry Garcia tribute 7pm Bradley Songwriters on the Beach, Boardwalk at Newark Avenue


Aug 2 Ken Happy Hour at Headliner 6pm


8/3 Sea Girt 5K 8:30am 

http://seagirt5k.com


SAT

Aug 3, 2024

7:30PM

Earth, Wind and Fire & Chicago

PNC Bank Arts Center, Holmdel, NJ


8/4/ Long Branch 1 Mile Ocean Swim 8am

 

8/4 Joe Baracata Band

August 4, 2024 6:00 pm

https://thecolumnsnj.com/entertainment-schedule/


Aug. 4: The Cliffs (on West End Beach) Long Branch Sunday   Bands by the Beach at West End Park 7pm

 https://www.njarts.net/free-events/

https://longbranch.org/283/Programs-Events


last LAKE TAKANASSEE 5k 6:45

August 5, 2024


Mon, Aug 5 @ 7:00PM — 8:30PM Starman Bowie Tribute The Carousel Stage @ Long Branch's Pier Village - NJ, 151 Ocean Ave.,, Long Branch, NJ

 


Donovan's Reef Tuesday night dead bands 6pm   [swim .65 miles on Ocean before]

Sandy Mack band Aug 6 

https://www.donovansreefbeachbar.com/calendar


August 7 The Great Day Ken’s 65 birthday

Bike 65 miles

Bike to Sandy Hook lighthouse from Neptune, 46 miles round trip

Lunch,

then to Manasquan Fisherman's Cove,

and back to Neptune 

23 miles,

then Long Branch Boardwalk for beverages


Aug 8 Long Branch Pat Roddy Band

Thursdays by the Sea at Pier Village 7pm


Guns 4 Hire 9th Ave Pier

Aug 9, 2024  6:00 PM – 10:00 PM

https://www.9thavepier.com/music


8/10/24 Asbury Park Sheehan Classic 5k   8am SAC


8/10/24 Private Party Neptune Family and Cynthia Friends


8/11/24 Private Lunch with Dr. Brendan visiting from Myrtle Beach


AUG 12

7:00 pm - 8:30 pm

Black Dog | The Ultimate Led Zeppelin Experience

The Carousel Stage @ Long Branch's Pier Village - NJ, 151 Ocean Ave.,, Long Branch, NJ

 

August 13 – The BStreetBand   Freehold Raceway Mall's Summer of Fun Concert Series

6:30 PM to 8:00 PM* Outside Village by The Cheesecake Factory             

https://www.freeholdracewaymall.com/Events/Details/575818

(Rain Date August 14)




Other charity events 

Miracle run Old Bridge Elks

Sun, Jul 28, 2024 Picnic 1pm


Old Bridge Elks Lodge 2229

69 Old Amboy Rd

Old Bridge, NJ 08857

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