September 23, 2008
In This Issue
_______________
1. Important Recent cases: Inadequate Safety Training Leads to $1M Payout.
2. No Expungement if two prior crimes.
3. One car accidents not always an "At Fault Accident" to increase insurance rates.
4. Police cannot access defendant's Internet records.
5. Upcoming community events.
6. Fun charity Running Races.
--------------------------------------------------------------------------------
1. Important Recent cases: Inadequate Safety Training Leads to $1M Payout.
A maintenance worker who received second- and third-degree burns when a leaking butane filter caught fire at the Ronson Butane Lighter Factory in Middlesex County has won a $1 million settlement from the filter's manufacturer and the OSHA consultant that had been contracted to train workers in the factory's safety procedures. Juraj Kosco found the leak as he was preparing the factory for its morning opening; he tried to investigate without shutting off the butane flow or donning a fire retardant uniform. Static electricity sparked the fire that has left Kosco significantly scarred on his arms, torso and legs.
The OSHA consultant, Industrial Waste Management, had argued it was only contractually responsible for classroom instruction, not for the specific instructions that might have prevented Kosco's injuries. Under mediation by retired appellate Judge John Keefe, however, it agreed to pay $820,000, while the manufacturer, CUNO Inc., agreed to pay $240,000.
The factory owner, Ronson, was removed as a defendant because it was covered by and paid out workers compensation insurance. Its insurer, Liberty Mutual, will now claw back $330,000 of the settlement. Kosco v. Ronson Consumer Products had been scheduled before Middlesex County Judge Jessica R. Mayer.
Source: NJ Lawyer Daily Briefing 9/5/08
2. No Expungement if two prior crimes. Expungement Petition of Ross 400 NJ Super. 117 (App. Div. 2008).
The expungement statute, N.J.S.A. 2C:52-2, permits expungement of an indictable conviction only if the petitioner "has not been convicted of any prior or subsequent crime." The court construed the statute and held that if a petitioner commits two crimes at different times, he is precluded from seeking expungement even if he is sentenced and convicted for the two crimes on the same day.
The Law Offices of Kenneth Vercammen can often help people erase prior arrests or criminal charges. Call today.
3. One car accidents not always an "At Fault Accident" to increase insurance rates. Reilly v. AAA-Mid-Atlantic Ins. Co. 194 NJ 474 (2008).
The Department of Banking and Insurance's application of its regulations to assign insurance eligibility points to an insured for an accident in which the insured was not negligent or culpable exceeded the scope of its statutory authority.
4. Police cannot access defendant's Internet records. State v. Reid 194 NJ 386 (2008).
Pursuant to Article I, Paragraph 7, of the New Jersey Constitution, the Court holds that citizens have a reasonable expectation of privacy in the subscriber information they provide to Internet service providers. Accordingly, the motion to suppress by defendant Reid was properly granted because the police used a deficient municipal subpoena.
Law enforcement officials can obtain subscriber information by serving a grand jury subpoena on an Internet service provider without notice to the subscriber. The State may seek to reacquire the information with a proper grand jury subpoena because records of the information existed independently of the faulty process used by the police, and the conduct of the police did not affect the information.
5. Upcoming community events. If you will be attending any of these events, send our office an email response. Sometimes we car pool or meet at community events.
Sept. 27 (Saturday)
Sea Bright Restaurant Trolley Tour "A Taste of Sea Bright"
Ride the trolley and hop to 27 different stops for samplings of food, drinks, cocktails, door prize drawings, and incredible free giveaways!
Oct. 4 (Saturday)
Metuchen Fair - Metuchen, NJ
Oct. 6 (Monday)
Biz Mania - Woodbridge, NJ at 1:30
Oct. 11 (Saturday)
Thin Mike Sydor & Lance Tkacs almost 50 Party
Oct. 18 (Saturday)
Annual Far Hills Steeple Chase Race "The Hunt" Saturday Post Time 1:00 p. m. Moorland Farms, Far Hills, NJ $80.00 per person.
Oct. 21 (Tuesday)
Wills - East Brunswick, NJ from 7-8:30
6. Fun Charity Running Races
9/28 Metuchen YMCA Garbolino 5k run at Roosevelt Park - 8:30am
9/28 Treasure Island Sprint Triathlon, 600 meter swim, 10.5 mile bike, 3 mile run, Pt Pleasant NJ
9/28 Bishop Ahr HS 5k
10/5 Sunday East Brunswick 1pm RVRR well run event Road closed to traffic 848-391-0200. ebrrinc@gmail.comm www.ebrr.org
10/11 Sayreville Hit the Bricks 5 mile 732-390-7092
10/11 The Rat Race-Fall, 5k-5miles, 10:07am Wall, NJ - Hashing & free beer
10/12 Deal 5 miler 5 mile Deal hot dogs & beer
10/19 Seaside Half Marathon & 5K, 13.1 mile run, 10am,13.1 walk, 9am, 5k 10:10 - Seaside Park NJ
10/26 Trick or Trot 4 mile run 4 mile Long Branch party at Celtic Cottage after run
If you are attending any of these races, please email Ken. Often we car pool or met at these events. If you can't run, you can often volunteer, or walk the course
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in 2008. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2008" Former Prosecutor.
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 2008. 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
Tuesday, September 23, 2008
Tuesday, September 09, 2008
NJ Laws Email Newsletter E282 - September 9, 2008
In This Issue
_______________
1. Recent Cases: Crawford Hearsay Rule does not apply to Breathalyzer Certification.
2. Step Down Post Conviction Relief must be filed in Original Court.
3. "CONFIDENTIAL POWER OF ATTORNEY QUESTIONNAIRE"
4. September's Charity and Community Events.
5. A Taste of Sea Bright" Saturday, September 27th.
--------------------------------------------------------------------------------
1. Recent Cases: Crawford Hearsay Rule does not apply to Breathalyzer Certification. State v. Sweet ___ NJ ___ (Decided 6-23-08) A-1-07.
The ampoule testing certificates and the breath testing instrument inspection certificates are hearsay statements admissible under the business records exception to the hearsay rule. Those records also are nontestimonial and thus are admissible under the Confrontation.
2. Step Down Post Conviction Relief must be filed in Original Court. State v. Schadewald 400 NJ Super. 350 (App. Div. 2008).
A defendant convicted of a second or subsequent offense of driving while intoxicated (DWI), N.J.S.A. 39:4-50, who seeks a step-down in sentence on the ground that one or more of the prior convictions were uncounseled, pursuant to State v. Laurick, 120 N.J. 1, cert. denied, 498 U.S. 967, 111 S. Ct. 429, 112 L. Ed. 2d 413 (1990), must first petition for post- conviction relief (PCR) in the municipal court in which the prior uncounseled conviction occurred. The PCR proceedings in municipal court are governed by Rule 7:10-2(f) and (g).
3. "CONFIDENTIAL POWER OF ATTORNEY QUESTIONNAIRE.
We recommend a Durable Power of Attorney in the event of your physical or mental disability to help you with financial affairs. Fees for Power of Attorney has been reduced from $175 to $100 if signed and completed by September 27.
Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.
Please be sure to check all appropriate boxes. If "NONE", please state "NONE".
If "NOT APPLICABLE", please state "N/A".
PLEASE PRINT CLEARLY
1. Your Full Name:
________________________________________
First Last
2. IF MARRIED OR SEPARATED, complete (a) and (b) below:
(a) Spouse's Full Name:
________________________________________
First Last
3. Your Street Address:
________________________________________
City _____________________________
State ____ Zip Code ______________
4. Telephone Numbers:
Cell: _________________________________
Day: __________________________________
Night: ________________________________
5. E-mail address:
________________________________________
6. Referred By:
___________________________________________
If referred by a person, is this a client or an attorney? If you heard about the law office on the internet, which search engine? What search terms did you use?
7. Today's Date ____________________
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 ________
How can we help you? What are your questions/other important information?
_________________________________________
_________________________________________
_________________________________________
[It is required by Court Rules that all pages be filled out in person's own handwriting prior to seeing the attorney to avoid conflicts of interest]
8. Your Sex: [ ] Male [ ] Female
9. Your Marital Status:
[ ] Single [ ] Married [ ] Separated
[ ] Divorced [ ] Widowed
10. Your Date of Birth:
_____________________ SS # ________________
Month Day Year
11. Spouse Date of Birth:
____________________ SS # _________________
Month Day Year
2. Personal representative
The person charged with administering bills, paying taxes and/or other debts, preserving, managing, and distributing assets and property is called the Personal Representative. This person should be one with whom you have trust and confidence. Your SPOUSE is usually named primary Personal Representative, followed by the child who lives closest to your home.
Please provide the following information about the person you wish to name to serve in this capacity.
1. PRIMARY Choice of Personal Representative:
Name: _______________________________________
First Last
Relationship: ___________________
Address: ________________________
2. SECOND Choice of Personal Representative:
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 of Personal Representatives must be filled out prior to meeting the attorney. We do not recommend Joint of Personal Representatives, which often causes conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person.
4. September's Charity and Community Events.
Sept 11 Patriot's Day rite Metuchen Freedom Plaza 8:30
Sept 11 Edison Elks patriotism rite 8pm Never forget, always remember
Sept. 12 & 13 Edison Festival Amboy Ave
Sept. 12 Brendan's Birthday
Sept 15 Municipal Court Seminar
Sept. 16 Middlesex World's largest networking
Sept. 17 Middlesex Bar-Pines-Civil Rules; 5pm
Sept 20 Keyport 5k and Festival
Sept. 20 Edison Elks Pig Roast
Sept 21 JSRC Jersey Shore at Monmouth Racetrack
Sept. 22 NJSBA Municipal Court meeting
Sept 24 Middlesex Bar Association Legislator's breakfast
Sept 27 Sea Bright Restaurant Trolley Tour more details below
Oct. 4 Metuchen Fair
Oct. 6 1:30 Biz Mania
Oct. 11 Thin Mike Sydor & Lance Tkacs Almost 60 Party
October 18 Annual Far Hills Steeple Chase Race "The Hunt" Saturday Post Time 1:00 p. m.
Moorland Farms, Far Hills, New Jersey $80.00 per person
Oct. 21 Wills - East brunswick 7pm -8:30pm Tuesday
5. A Taste of Sea Bright" Saturday, September 27th.
Ride the trolley and hop to 27 different stops for samplings of food, drinks, cocktails, door prize drawings, and incredible free giveaways!
TROLLEY HOP
Noon - 6 p.m.
Buy Your Admission Bracelet
now FOR ONLY $20.00
(Admission bracelets will cost $30 on the day of the event.
Details at
http://www.visitseabright.com/atsb-event-goers.html
Purchase admission bracelets
At below listed Sea Bright businesses
Adrenaline
Andy K's
Smoker's Haven
Anjelica's
Better Homes
Sea Bright
Brahma Yoga
Driftwood Cabana Club
Elements
Gaiters
Ichabods
Lia
The Liquor Store at Sea Bright
The Mad Hatter
McLoone's
Northshore
Ocean Avenue Grill
The Palm
The Quay
Riverside Cafe Pool Bar (@ The Fairbanks)
Ross's Dockside Steak & Seafood
Salon Mari
Sea Bright Pizza
The Shack
Something Fishy
Tracy Lynn
Spa and Salon
Trattoria "G"
Valkyrie
Squash Club
Yumi
When you purchase your admission bracelet, you will also receive a map/passport. The admission bracelet and map/passport will entitle you to samplings of food, drinks, cocktails, door prize drawings, and incredible free giveaways at 27 different stops on the map -- and unlimited rides on the trolley during the event.
Each stop on the map is unique and will offer something different. It is at the discretion of each establishment as to what they will provide event-goers. The food served by the participating restaurants is limited to a "sampling". Any restaurant offering an alcoholic beverage has a limit of one complimentary serving per person, and you must be 21 years of age. You may be asked for identification to prove you are of legal drinking age at each stop...so don't forget to bring your I.D.
What is the Probate Surrogate?
In New Jersey the County Surrogate handles the probate of an original Will. Some people refer to the Surrogate as the "Will Clerk." However, the Surrogate can only admit to probate the original Will. The Surrogate cannot admit a photocopy.
To admit a photocopy, a complaint must be filed in the Superior Court and a hearing held before a Judge.
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in 2008. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2008" Former Prosecutor.
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 2008. 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
_______________
1. Recent Cases: Crawford Hearsay Rule does not apply to Breathalyzer Certification.
2. Step Down Post Conviction Relief must be filed in Original Court.
3. "CONFIDENTIAL POWER OF ATTORNEY QUESTIONNAIRE"
4. September's Charity and Community Events.
5. A Taste of Sea Bright" Saturday, September 27th.
--------------------------------------------------------------------------------
1. Recent Cases: Crawford Hearsay Rule does not apply to Breathalyzer Certification. State v. Sweet ___ NJ ___ (Decided 6-23-08) A-1-07.
The ampoule testing certificates and the breath testing instrument inspection certificates are hearsay statements admissible under the business records exception to the hearsay rule. Those records also are nontestimonial and thus are admissible under the Confrontation.
2. Step Down Post Conviction Relief must be filed in Original Court. State v. Schadewald 400 NJ Super. 350 (App. Div. 2008).
A defendant convicted of a second or subsequent offense of driving while intoxicated (DWI), N.J.S.A. 39:4-50, who seeks a step-down in sentence on the ground that one or more of the prior convictions were uncounseled, pursuant to State v. Laurick, 120 N.J. 1, cert. denied, 498 U.S. 967, 111 S. Ct. 429, 112 L. Ed. 2d 413 (1990), must first petition for post- conviction relief (PCR) in the municipal court in which the prior uncounseled conviction occurred. The PCR proceedings in municipal court are governed by Rule 7:10-2(f) and (g).
3. "CONFIDENTIAL POWER OF ATTORNEY QUESTIONNAIRE.
We recommend a Durable Power of Attorney in the event of your physical or mental disability to help you with financial affairs. Fees for Power of Attorney has been reduced from $175 to $100 if signed and completed by September 27.
Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.
Please be sure to check all appropriate boxes. If "NONE", please state "NONE".
If "NOT APPLICABLE", please state "N/A".
PLEASE PRINT CLEARLY
1. Your Full Name:
________________________________________
First Last
2. IF MARRIED OR SEPARATED, complete (a) and (b) below:
(a) Spouse's Full Name:
________________________________________
First Last
3. Your Street Address:
________________________________________
City _____________________________
State ____ Zip Code ______________
4. Telephone Numbers:
Cell: _________________________________
Day: __________________________________
Night: ________________________________
5. E-mail address:
________________________________________
6. Referred By:
___________________________________________
If referred by a person, is this a client or an attorney? If you heard about the law office on the internet, which search engine? What search terms did you use?
7. Today's Date ____________________
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 ________
How can we help you? What are your questions/other important information?
_________________________________________
_________________________________________
_________________________________________
[It is required by Court Rules that all pages be filled out in person's own handwriting prior to seeing the attorney to avoid conflicts of interest]
8. Your Sex: [ ] Male [ ] Female
9. Your Marital Status:
[ ] Single [ ] Married [ ] Separated
[ ] Divorced [ ] Widowed
10. Your Date of Birth:
_____________________ SS # ________________
Month Day Year
11. Spouse Date of Birth:
____________________ SS # _________________
Month Day Year
2. Personal representative
The person charged with administering bills, paying taxes and/or other debts, preserving, managing, and distributing assets and property is called the Personal Representative. This person should be one with whom you have trust and confidence. Your SPOUSE is usually named primary Personal Representative, followed by the child who lives closest to your home.
Please provide the following information about the person you wish to name to serve in this capacity.
1. PRIMARY Choice of Personal Representative:
Name: _______________________________________
First Last
Relationship: ___________________
Address: ________________________
2. SECOND Choice of Personal Representative:
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 of Personal Representatives must be filled out prior to meeting the attorney. We do not recommend Joint of Personal Representatives, which often causes conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person.
4. September's Charity and Community Events.
Sept 11 Patriot's Day rite Metuchen Freedom Plaza 8:30
Sept 11 Edison Elks patriotism rite 8pm Never forget, always remember
Sept. 12 & 13 Edison Festival Amboy Ave
Sept. 12 Brendan's Birthday
Sept 15 Municipal Court Seminar
Sept. 16 Middlesex World's largest networking
Sept. 17 Middlesex Bar-Pines-Civil Rules; 5pm
Sept 20 Keyport 5k and Festival
Sept. 20 Edison Elks Pig Roast
Sept 21 JSRC Jersey Shore at Monmouth Racetrack
Sept. 22 NJSBA Municipal Court meeting
Sept 24 Middlesex Bar Association Legislator's breakfast
Sept 27 Sea Bright Restaurant Trolley Tour more details below
Oct. 4 Metuchen Fair
Oct. 6 1:30 Biz Mania
Oct. 11 Thin Mike Sydor & Lance Tkacs Almost 60 Party
October 18 Annual Far Hills Steeple Chase Race "The Hunt" Saturday Post Time 1:00 p. m.
Moorland Farms, Far Hills, New Jersey $80.00 per person
Oct. 21 Wills - East brunswick 7pm -8:30pm Tuesday
5. A Taste of Sea Bright" Saturday, September 27th.
Ride the trolley and hop to 27 different stops for samplings of food, drinks, cocktails, door prize drawings, and incredible free giveaways!
TROLLEY HOP
Noon - 6 p.m.
Buy Your Admission Bracelet
now FOR ONLY $20.00
(Admission bracelets will cost $30 on the day of the event.
Details at
http://www.visitseabright.com/atsb-event-goers.html
Purchase admission bracelets
At below listed Sea Bright businesses
Adrenaline
Andy K's
Smoker's Haven
Anjelica's
Better Homes
Sea Bright
Brahma Yoga
Driftwood Cabana Club
Elements
Gaiters
Ichabods
Lia
The Liquor Store at Sea Bright
The Mad Hatter
McLoone's
Northshore
Ocean Avenue Grill
The Palm
The Quay
Riverside Cafe Pool Bar (@ The Fairbanks)
Ross's Dockside Steak & Seafood
Salon Mari
Sea Bright Pizza
The Shack
Something Fishy
Tracy Lynn
Spa and Salon
Trattoria "G"
Valkyrie
Squash Club
Yumi
When you purchase your admission bracelet, you will also receive a map/passport. The admission bracelet and map/passport will entitle you to samplings of food, drinks, cocktails, door prize drawings, and incredible free giveaways at 27 different stops on the map -- and unlimited rides on the trolley during the event.
Each stop on the map is unique and will offer something different. It is at the discretion of each establishment as to what they will provide event-goers. The food served by the participating restaurants is limited to a "sampling". Any restaurant offering an alcoholic beverage has a limit of one complimentary serving per person, and you must be 21 years of age. You may be asked for identification to prove you are of legal drinking age at each stop...so don't forget to bring your I.D.
What is the Probate Surrogate?
In New Jersey the County Surrogate handles the probate of an original Will. Some people refer to the Surrogate as the "Will Clerk." However, the Surrogate can only admit to probate the original Will. The Surrogate cannot admit a photocopy.
To admit a photocopy, a complaint must be filed in the Superior Court and a hearing held before a Judge.
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in 2008. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2008" Former Prosecutor.
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 2008. 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
Tuesday, August 26, 2008
NJ Laws Email Newsletter E281 - August 26, 2008
In This Issue
_______________
1. Recent Cases: Statement by Eye Witness not Admissible as Emergency investigation.
2. Statement to DYFS Worker Under Emergency is Admissible.
3. Handling Drug, DWI & Motor Vehicle Violations In Municipal Court - September 15, 2008 5:30 PM to 9:30 PM.
4. Marketing Survey for American Bar Association.
5. Upcoming Charity Running Races.
6. Estate Planning.
7. New Articles on www.NJLaws.com
--------------------------------------------------------------------------------
1. Recent Cases: Statement by Eye Witness not Admissible as Emergency investigation. State in the Interest of J.A. ___ NJ ___ (Decided 6-23-08) A-2-07.
The hearsay statements were a narrative of past events and made while neither the declarant nor victim was in imminent danger. The statements were testimonial and, because the declarant was not produced as a witness or subject to cross-examination, the admissions of the statements violated J.A.'s Sixth Amendment right to confront the witnesses against him.
2. Statement to DYFS Worker Under Emergency is Admissible. State v. Buda ___ NJ ___ (Decided 6-23-08) A-4/5-07.
The trial court did not abuse its discretion in determining that the child's statements to his mother and the DYFS worker were properly admitted into evidence as "excited utterances" under N.J.R.E. 803(c) (2). The Child's statements were not testimonials and, hence, their admission at trial did not run afoul of the Confrontation Clause.
3. Handling Drug, DWI & Motor Vehicle Violations In Municipal Court - September 15, 2008 5:30 PM to 9:30 PM.
New Jersey Law Center, New Brunswick
Speakers include:
HON. JOAN ROBINSON GROSS
Presiding Judge, Union County
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Editor: "New Jersey Municipal Court Review"
2006 NJSBA Municipal Court Practitioner of the Year
Kenneth Vercammen & Associates (Edison)
WILLIAM G. BRIGIANI, ESQ.
Brigiani, Cohen, & Schneider (East Brunswick)
JOHN MENZEL, ESQ.
Moore & Menzel (Point Pleasant)
Dennis Driscoll
Municipal Prosecutor (Denville, Montville, Rockaway Township, Morris Plains & Netcong)
Attendees receive a CD containing over 2,000 pages of forms, discovery motions, briefs and orders, plus the 264 page Judge King Chun report, Chun opinion and Attorney General Guidelines.
This practical program featured a top notch panel of experienced practitioners and a Municipal Court judge. They provide instructions on handling the more serious drug, DWI and traffic offenses.
Includes:
EFFECTIVE STRATEGIES & PRACTICE TIPS YOU CAN USE IN SERIOUS DRUG & TRAFFIC OFFENSES INCLUDING
· Lab reports in drug cases
· Driving while suspended and enhanced penalties
· Jurisdiction issues for serious motor vehicle accidents
· Increased refusal penalties
· Assault
· Defenses to no-insurance cases
· Drug recognition expert cross-examination
· How to impress the Court and not annoy the Court staff
· Forms, motions and demand letters
· Criminal case law developments during the past year
· Sentencing arguments in multiple offense cases
· What's new on the Alcotest 7110 breath testing machine
· New laws and pending legislation
and more
Presented in cooperation with the NJSBA Municipal Court Practice Section, NJSBA General Practice Section, and the NJSBA Young Lawyers Division
For registration costs and details, contact
New Jersey Institute for Continuing Legal Education
One Constitution Square, New Brunswick, New Jersey 08901-1520
732-249-5100
http://www.njicle.com/seminar.aspx?sid=362
program: S1507d-14380
4. Marketing Survey for American Bar Association.
Greetings professionals and business owners. I serve as the Deputy Chair of the American Bar Association's Criminal Law Committee General Practice Division. I am organizing an article on marketing and public relations for a professional or business owner. To help us, would you please fill out the below form and either fax, mail or email your response to my office.
1. Best sources of regular new business:
_____________________________________________
_____________________________________________
2. Your marketing home run. Something you did to try to get business that exceeded your expectations: _____________________________________________
_____________________________________________
3. Your marketing zero. Something you did marketing/ advertising that was not worth the time, money or effort: _____________________________________________
_____________________________________________
Other suggestions for young professionals starting their practice:
_____________________________________________
_____________________________________________
Please fill out and fax, mail or email back to Kenneth Vercammen, Esq. KenVnjlaws@verizon.net
5. Upcoming Charity Running Races:
9/7/2008 6th Annual Fallen Heroes Memorial Run 5k, 9:45am, kids dash, 11am-Elizabeth NJ The Ultimate Beer Truck
9/14/2008 ECI School for Children Run/Walk 5k, 10am, kids races 9:30 3k walk, 10:05 Eatontown NJ
9/20/2008 KeyportFest 5K and One Mile Fitness Walk 5k, 8:30am
9/21/2008 "War at the Shore" Triathlon Short course .4k swim,8.5 mile bike, 3 mile run 6:45am long course .8k swim, 17 mile bike, 5 mile run 6:30am Long Branch NJ
9/21/2008 Manasquan Reservoir 5 mile 9:00am Howell
9/27/08 Metuchen YMCA Garbolino 5k run at Roosevelt Park 8:30am
9/27/2008 Carnegie 5k For team when you register, write RVRR
9/28/2008 Treasure Island Sprint Triathlon, 600 meter swim, 10.5 mile bike, 3 mile run, Pt Pleasant NJ
9/28/08 Bishop Ahr HS 5k 11am
6. Estate Planning Law is Extremely Complex and Ever Changing.
Kenneth Vercammen and Associates represent many individuals to prepare Wills and other Estate Planning documents. We would like to offer our assistance to take the work and worry out of your client Estate Planning. Let us find every dollar of probate savings available to you.
Moreover, the preparation of your Estate Planning should only represent the beginning of the review of your financial health. Our firm's philosophy is that the primary focus of our clients is savings along with individual and business financial planning which ultimately leads to future financial freedom. We would like to talk to you about your overall financial goals.
Our services are provided in an efficient manner and are reasonably priced.
Maybe it's time we get together. Our co-counsel Martin Spigner Esq. can assist you in the preparation of your income tax returns, in financial planning or in any other tax or accounting service. Please call for an appointment.
We look forward to hearing from you.
7. New Articles on www.NJLaws.com
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in 2008. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2008" Former Prosecutor.
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 2008. 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
_______________
1. Recent Cases: Statement by Eye Witness not Admissible as Emergency investigation.
2. Statement to DYFS Worker Under Emergency is Admissible.
3. Handling Drug, DWI & Motor Vehicle Violations In Municipal Court - September 15, 2008 5:30 PM to 9:30 PM.
4. Marketing Survey for American Bar Association.
5. Upcoming Charity Running Races.
6. Estate Planning.
7. New Articles on www.NJLaws.com
--------------------------------------------------------------------------------
1. Recent Cases: Statement by Eye Witness not Admissible as Emergency investigation. State in the Interest of J.A. ___ NJ ___ (Decided 6-23-08) A-2-07.
The hearsay statements were a narrative of past events and made while neither the declarant nor victim was in imminent danger. The statements were testimonial and, because the declarant was not produced as a witness or subject to cross-examination, the admissions of the statements violated J.A.'s Sixth Amendment right to confront the witnesses against him.
2. Statement to DYFS Worker Under Emergency is Admissible. State v. Buda ___ NJ ___ (Decided 6-23-08) A-4/5-07.
The trial court did not abuse its discretion in determining that the child's statements to his mother and the DYFS worker were properly admitted into evidence as "excited utterances" under N.J.R.E. 803(c) (2). The Child's statements were not testimonials and, hence, their admission at trial did not run afoul of the Confrontation Clause.
3. Handling Drug, DWI & Motor Vehicle Violations In Municipal Court - September 15, 2008 5:30 PM to 9:30 PM.
New Jersey Law Center, New Brunswick
Speakers include:
HON. JOAN ROBINSON GROSS
Presiding Judge, Union County
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Editor: "New Jersey Municipal Court Review"
2006 NJSBA Municipal Court Practitioner of the Year
Kenneth Vercammen & Associates (Edison)
WILLIAM G. BRIGIANI, ESQ.
Brigiani, Cohen, & Schneider (East Brunswick)
JOHN MENZEL, ESQ.
Moore & Menzel (Point Pleasant)
Dennis Driscoll
Municipal Prosecutor (Denville, Montville, Rockaway Township, Morris Plains & Netcong)
Attendees receive a CD containing over 2,000 pages of forms, discovery motions, briefs and orders, plus the 264 page Judge King Chun report, Chun opinion and Attorney General Guidelines.
This practical program featured a top notch panel of experienced practitioners and a Municipal Court judge. They provide instructions on handling the more serious drug, DWI and traffic offenses.
Includes:
EFFECTIVE STRATEGIES & PRACTICE TIPS YOU CAN USE IN SERIOUS DRUG & TRAFFIC OFFENSES INCLUDING
· Lab reports in drug cases
· Driving while suspended and enhanced penalties
· Jurisdiction issues for serious motor vehicle accidents
· Increased refusal penalties
· Assault
· Defenses to no-insurance cases
· Drug recognition expert cross-examination
· How to impress the Court and not annoy the Court staff
· Forms, motions and demand letters
· Criminal case law developments during the past year
· Sentencing arguments in multiple offense cases
· What's new on the Alcotest 7110 breath testing machine
· New laws and pending legislation
and more
Presented in cooperation with the NJSBA Municipal Court Practice Section, NJSBA General Practice Section, and the NJSBA Young Lawyers Division
For registration costs and details, contact
New Jersey Institute for Continuing Legal Education
One Constitution Square, New Brunswick, New Jersey 08901-1520
732-249-5100
http://www.njicle.com/seminar.aspx?sid=362
program: S1507d-14380
4. Marketing Survey for American Bar Association.
Greetings professionals and business owners. I serve as the Deputy Chair of the American Bar Association's Criminal Law Committee General Practice Division. I am organizing an article on marketing and public relations for a professional or business owner. To help us, would you please fill out the below form and either fax, mail or email your response to my office.
1. Best sources of regular new business:
_____________________________________________
_____________________________________________
2. Your marketing home run. Something you did to try to get business that exceeded your expectations: _____________________________________________
_____________________________________________
3. Your marketing zero. Something you did marketing/ advertising that was not worth the time, money or effort: _____________________________________________
_____________________________________________
Other suggestions for young professionals starting their practice:
_____________________________________________
_____________________________________________
Please fill out and fax, mail or email back to Kenneth Vercammen, Esq. KenVnjlaws@verizon.net
5. Upcoming Charity Running Races:
9/7/2008 6th Annual Fallen Heroes Memorial Run 5k, 9:45am, kids dash, 11am-Elizabeth NJ The Ultimate Beer Truck
9/14/2008 ECI School for Children Run/Walk 5k, 10am, kids races 9:30 3k walk, 10:05 Eatontown NJ
9/20/2008 KeyportFest 5K and One Mile Fitness Walk 5k, 8:30am
9/21/2008 "War at the Shore" Triathlon Short course .4k swim,8.5 mile bike, 3 mile run 6:45am long course .8k swim, 17 mile bike, 5 mile run 6:30am Long Branch NJ
9/21/2008 Manasquan Reservoir 5 mile 9:00am Howell
9/27/08 Metuchen YMCA Garbolino 5k run at Roosevelt Park 8:30am
9/27/2008 Carnegie 5k For team when you register, write RVRR
9/28/2008 Treasure Island Sprint Triathlon, 600 meter swim, 10.5 mile bike, 3 mile run, Pt Pleasant NJ
9/28/08 Bishop Ahr HS 5k 11am
6. Estate Planning Law is Extremely Complex and Ever Changing.
Kenneth Vercammen and Associates represent many individuals to prepare Wills and other Estate Planning documents. We would like to offer our assistance to take the work and worry out of your client Estate Planning. Let us find every dollar of probate savings available to you.
Moreover, the preparation of your Estate Planning should only represent the beginning of the review of your financial health. Our firm's philosophy is that the primary focus of our clients is savings along with individual and business financial planning which ultimately leads to future financial freedom. We would like to talk to you about your overall financial goals.
Our services are provided in an efficient manner and are reasonably priced.
Maybe it's time we get together. Our co-counsel Martin Spigner Esq. can assist you in the preparation of your income tax returns, in financial planning or in any other tax or accounting service. Please call for an appointment.
We look forward to hearing from you.
7. New Articles on www.NJLaws.com
- McGreevey Judgment
- McGreevey Opinion
- False Imprisonment
- Employing a Juvenile in a Drug Scheme
- Handling Drug, DWI, & Motor Vehicle Violations in Municipal Court Seminar on September 15, 2008
- 2C:33-7. Obstructing highways and other public passages
- 2C:20-10 Unlawful Taking of Means of Conveyance
- 2C:33-16. Alcoholic beverages; bringing or possession on school property by person of legal age; penalty
- Ortho Injuries
- Orthopedic Injuries
- Sports Injuries
- Estate Planning
- Estate Tax Saving Attorney
- Bathroom Injuries
- Bathtub Injuries
- Injuries resulting from Chairs Collapsing in Restaurant/Store
- Display Fall Down
- Ortho Injuries
- Debris Slip Injuries
- Door & Exits Accidents
- Handicap Ramps Falldown
- Hole Fall Down
- Spillage Slip Injury
- 39:4-50.9. Drunk Driving Victim's Bill of Rights
- Speed Law in New Jersey
- Criminal Record Sealing
- Advance Directive for Health Care
- Health Care Surrogate
- Health Care Proxy
- Trust and Estate Litigation
- Severe Injuries
- Drowning Accidents
- Trust Preparation Services
- Asset Preservation Techniques
- Family Legacy Planning
- Sports Law
- Victims of Criminal Activities
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in 2008. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2008" Former Prosecutor.
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 2008. 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
Tuesday, August 05, 2008
NJ Laws Email Newsletter E280 - August 5, 2008
In This Issue
_______________
1. Recent cases: Eye Injury From Errant Golf Ball Nets $725K Settlement.
2. Parking garage is quasi-public area so refusal to take breath test can be charged.
3. Great Seminar and Events at ABA New York meeting for Solo & Small Firm Attorneys.
4. Reasons to Join the Edison Elks or an Elks in your community.
5. Next month’s charity running races.
--------------------------------------------------------------------------------
1. Recent Cases: Eye Injury From Errant Golf Ball Nets $725K Settlement.
An Eatontown man whose eyesight was damaged in May 2006 when a golf ball flew into his eye as he drove past Eagle Oaks Golf and Country Club in Farmingdale has settled his suit against the club, a neighboring homeowner and his landscaping contractor for a total $725,000. A driving-range ball left Eagle Oaks' property and struck his client in the eye, an account disputed by the golf course, which claimed the ball could have been launched from Carl Capoano's property that was getting mowed by a landscaping contractor at the same time. Under terms of the settlement, none of the parties admitted guilt, but Capoano and Canfield Lawn and Landscaping each paid $37,500, while Eagle Oaks was hit for the remaining $650,000. After the accident, Guhl's vision in the injured eye went from 20/20 to 20/100, and he most likely will need a corneal. Source NJ Lawyer Daily Briefing 8/1/08
2. Parking garage is quasi-public area so refusal to take breath test can be charged. State v. Bertrand Law Division, Hudson County, Municipal Appeal No. 58-07, December 4, 2007, not approved for publication.
Following a trial de novo, the Law Division determined that the defendant was guilty of refusal to submit to a Breathalyzer test in violation of N.J.S.A. 30:4-50.2; the police received a report of an intoxicated driver in the parking garage at a cooperative apartment complex; the officers found the defendant, who was a resident of the complex, sleeping on a bench about 40 feet from his vehicle, which matched the description of the vehicle in the report; §39:4-50.2 provides that any person who operates a vehicle "on any public road, street or highway or quasi-public area" is deemed to have given consent "to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood"; the parking garage was a "quasi-public area"; thus, the requirement that the defendant submit to a Breathalyzer test did not violate his constitutional rights.
Source: NJ Lawyer Daily Briefing dailybriefing@njsba-njldailybriefing.com.
3. Great Seminar and Events at ABA New York meeting for Solo & Small Firm Attorneys.
SATURDAY, AUGUST 9, 2pm Elder Law 2008 -Expanding an Elder Law Practice General Practice, Solo & Small Firm Division Nassau Suite A, 2nd Floor, Hilton New York
Speakers:
Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Charles Sabatino, director of the ABA's Commission on Law & Aging
Parag Patel, Esq. Iselin, NJ
4. Reasons to Join the Edison Elks or an Elks in your community.
The Elks have been synonymous with charity and community for over 100 years. They have distributed more than 3 billion dollars in cash, goods, and services to our country's youth, veterans and disadvantaged. In Edison and other towns, they sponsor Hoop Shoot, Soccer Shoot, college scholarship and drug education and prevention programs.
I have enjoyed my Community Elks membership in the Edison Elks for 15 years.
ELKS - MY TOP 15 FUN EVENTS
Kenneth Vercammen
1. New Years Eve Party
2. Lobster Night
3. St. Patty's Dinner
4. Good Friday Dinner
5. Officers Installation & Dinner
6. Easter Egg Hunt for Children
7. Wildwood Convention
8. Swim Club opening for Elks/YMCA Edison Pool
9. Family Pool Day
10. Beef & Brew
11. Family Pool Night
12. Nascar Night
13. Soccer Shoot out for Children
14. Halloween Party for Children
15. Ladies Auxiliary Christmas Party
16. Christmas Party for Children
Elks are a nationwide fraternal organization of well over a million American citizens. We love our country and desire to preserve its cherished institutions, traditions and values. We respect our neighbors and constantly seek to promote their well being. We love and enjoy life and believe this enjoyment is increased by sharing it with family, friends and all with whom we come in contact.
Elks expend over two million dollars yearly to bring encouragement, cheer and comfort to hospitalized veterans throughout the United States in fulfillment of our solemn pledge: "So long as there are veterans in our hospitals, the Benevolent and Protective Order of Elks will never forget them."
Through our local Lodge, district, state and national programs, we provide healthful activities, guidance and assistance to over eight million boys and girls every year. We fund scholarships, athletic teams, summer camps, scouting, and drug education programs, We encourage civic, environmental, and patriotic involvement through essay contests, seminars and distribution of materials; as well as family-oriented activities in our Lodges.
Elks operate numerous camps, hospitals, clinics, training centers and in-home services for the care and treatment of children and adults with physical disabilities including vision and speech problems, all across the county.
In our many benevolence Elks and Lodges throughout the United States spend over forty-five million dollars annually in our various works of community betterment and charitable programs. This does not take into consideration donated hours equivalent to over thirty-five million dollars.
In approximately 2,300 Elks Lodges throughout the United States, men prominent in public, business and professional life can be found. In these Lodges, located in the principal cities and towns throughout America, the hand-clasp of fraternity and a warm welcome as a visiting Brother await you.
5. Next month's charity running races:
8/16/2008 Long Branch Sprint Triathlon Series-
8/16/2008 400 mtr swim,9.5 mile bike, 3 mile run 6:45am or 800 mtr swim, 18 mile bike, 5 mile run, 6:30am Time Trial Start Long Branch NJ
8/23/2008 Lacey Township Alliance 5k Run 5k,8:30am, 1 mile 8am, kiddie dashes following 5k Forked River NJ
9/7/2008 6th Annual Fallen Heroes Memorial Run 5k, 9:45am, kids dash, 11am Elizabeth NJ The Ultimate Beer Truck
9/13/2008
The 17th Annual Bayshore Classic 5K Road Race 5k Run 9am Holmdel NJ
9/14/2008
ECI School for Children 5k Run / Walk 5k, 10am, kids races 9:30 3k walk, 10:05 Eatontown NJ
9/20/2008 KeyportFest 5K and One Mile Fitness Walk 5k,8:30am
9/21/2008
"War at the Shore" Triathlon Short course .4k swim,8.5 mile bike, 3 mile run 6:45am long course .8k swim, 17 mile bike, 5 mile run 6:30am Long Branch NJ
9/21/2008 Manasquan Reservoir 5 mile 9:00am Howell
9/27/2008 Metuchen YMCA Garbolino 5k run at Roosevelt Park 8:30am
9/27/2008 Carnegie 5k For team when you register, write RVRR
9/28/2008 Treasure Island Sprint Triathlon 600 meter swim, 10.5 mile bike, 3 mile run, Pt Pleasant NJ
9/28/2008 Bishop Ahr HS 5k 11am
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in 2008. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2007" Former Prosecutor.
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 2008. 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
_______________
1. Recent cases: Eye Injury From Errant Golf Ball Nets $725K Settlement.
2. Parking garage is quasi-public area so refusal to take breath test can be charged.
3. Great Seminar and Events at ABA New York meeting for Solo & Small Firm Attorneys.
4. Reasons to Join the Edison Elks or an Elks in your community.
5. Next month’s charity running races.
--------------------------------------------------------------------------------
1. Recent Cases: Eye Injury From Errant Golf Ball Nets $725K Settlement.
An Eatontown man whose eyesight was damaged in May 2006 when a golf ball flew into his eye as he drove past Eagle Oaks Golf and Country Club in Farmingdale has settled his suit against the club, a neighboring homeowner and his landscaping contractor for a total $725,000. A driving-range ball left Eagle Oaks' property and struck his client in the eye, an account disputed by the golf course, which claimed the ball could have been launched from Carl Capoano's property that was getting mowed by a landscaping contractor at the same time. Under terms of the settlement, none of the parties admitted guilt, but Capoano and Canfield Lawn and Landscaping each paid $37,500, while Eagle Oaks was hit for the remaining $650,000. After the accident, Guhl's vision in the injured eye went from 20/20 to 20/100, and he most likely will need a corneal. Source NJ Lawyer Daily Briefing 8/1/08
2. Parking garage is quasi-public area so refusal to take breath test can be charged. State v. Bertrand Law Division, Hudson County, Municipal Appeal No. 58-07, December 4, 2007, not approved for publication.
Following a trial de novo, the Law Division determined that the defendant was guilty of refusal to submit to a Breathalyzer test in violation of N.J.S.A. 30:4-50.2; the police received a report of an intoxicated driver in the parking garage at a cooperative apartment complex; the officers found the defendant, who was a resident of the complex, sleeping on a bench about 40 feet from his vehicle, which matched the description of the vehicle in the report; §39:4-50.2 provides that any person who operates a vehicle "on any public road, street or highway or quasi-public area" is deemed to have given consent "to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood"; the parking garage was a "quasi-public area"; thus, the requirement that the defendant submit to a Breathalyzer test did not violate his constitutional rights.
Source: NJ Lawyer Daily Briefing dailybriefing@njsba-njldailybriefing.com.
3. Great Seminar and Events at ABA New York meeting for Solo & Small Firm Attorneys.
SATURDAY, AUGUST 9, 2pm Elder Law 2008 -Expanding an Elder Law Practice General Practice, Solo & Small Firm Division Nassau Suite A, 2nd Floor, Hilton New York
Speakers:
Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Charles Sabatino, director of the ABA's Commission on Law & Aging
Parag Patel, Esq. Iselin, NJ
4. Reasons to Join the Edison Elks or an Elks in your community.
The Elks have been synonymous with charity and community for over 100 years. They have distributed more than 3 billion dollars in cash, goods, and services to our country's youth, veterans and disadvantaged. In Edison and other towns, they sponsor Hoop Shoot, Soccer Shoot, college scholarship and drug education and prevention programs.
I have enjoyed my Community Elks membership in the Edison Elks for 15 years.
ELKS - MY TOP 15 FUN EVENTS
Kenneth Vercammen
1. New Years Eve Party
2. Lobster Night
3. St. Patty's Dinner
4. Good Friday Dinner
5. Officers Installation & Dinner
6. Easter Egg Hunt for Children
7. Wildwood Convention
8. Swim Club opening for Elks/YMCA Edison Pool
9. Family Pool Day
10. Beef & Brew
11. Family Pool Night
12. Nascar Night
13. Soccer Shoot out for Children
14. Halloween Party for Children
15. Ladies Auxiliary Christmas Party
16. Christmas Party for Children
Elks are a nationwide fraternal organization of well over a million American citizens. We love our country and desire to preserve its cherished institutions, traditions and values. We respect our neighbors and constantly seek to promote their well being. We love and enjoy life and believe this enjoyment is increased by sharing it with family, friends and all with whom we come in contact.
Elks expend over two million dollars yearly to bring encouragement, cheer and comfort to hospitalized veterans throughout the United States in fulfillment of our solemn pledge: "So long as there are veterans in our hospitals, the Benevolent and Protective Order of Elks will never forget them."
Through our local Lodge, district, state and national programs, we provide healthful activities, guidance and assistance to over eight million boys and girls every year. We fund scholarships, athletic teams, summer camps, scouting, and drug education programs, We encourage civic, environmental, and patriotic involvement through essay contests, seminars and distribution of materials; as well as family-oriented activities in our Lodges.
Elks operate numerous camps, hospitals, clinics, training centers and in-home services for the care and treatment of children and adults with physical disabilities including vision and speech problems, all across the county.
In our many benevolence Elks and Lodges throughout the United States spend over forty-five million dollars annually in our various works of community betterment and charitable programs. This does not take into consideration donated hours equivalent to over thirty-five million dollars.
In approximately 2,300 Elks Lodges throughout the United States, men prominent in public, business and professional life can be found. In these Lodges, located in the principal cities and towns throughout America, the hand-clasp of fraternity and a warm welcome as a visiting Brother await you.
5. Next month's charity running races:
8/16/2008 Long Branch Sprint Triathlon Series-
8/16/2008 400 mtr swim,9.5 mile bike, 3 mile run 6:45am or 800 mtr swim, 18 mile bike, 5 mile run, 6:30am Time Trial Start Long Branch NJ
8/23/2008 Lacey Township Alliance 5k Run 5k,8:30am, 1 mile 8am, kiddie dashes following 5k Forked River NJ
9/7/2008 6th Annual Fallen Heroes Memorial Run 5k, 9:45am, kids dash, 11am Elizabeth NJ The Ultimate Beer Truck
9/13/2008
The 17th Annual Bayshore Classic 5K Road Race 5k Run 9am Holmdel NJ
9/14/2008
ECI School for Children 5k Run / Walk 5k, 10am, kids races 9:30 3k walk, 10:05 Eatontown NJ
9/20/2008 KeyportFest 5K and One Mile Fitness Walk 5k,8:30am
9/21/2008
"War at the Shore" Triathlon Short course .4k swim,8.5 mile bike, 3 mile run 6:45am long course .8k swim, 17 mile bike, 5 mile run 6:30am Long Branch NJ
9/21/2008 Manasquan Reservoir 5 mile 9:00am Howell
9/27/2008 Metuchen YMCA Garbolino 5k run at Roosevelt Park 8:30am
9/27/2008 Carnegie 5k For team when you register, write RVRR
9/28/2008 Treasure Island Sprint Triathlon 600 meter swim, 10.5 mile bike, 3 mile run, Pt Pleasant NJ
9/28/2008 Bishop Ahr HS 5k 11am
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in 2008. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2007" Former Prosecutor.
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 2008. 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, July 17, 2008
NJ Laws Email Newsletter E279 - July 17, 2008
In This Issue
_______________
1. Reminder: Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST Saturday July 19 5pm- 11pm.
2. Recent cases: Blindness After Lasik to Cost $2.1M.
3. Car passenger has no special duty to prevent intoxicated person from driving.
4. Father's right to an attorney must be honored.
5. Reminder: Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
--------------------------------------------------------------------------------
1. Reminder: Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST Saturday July 19 5pm- 11pm.
Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST
Saturday July 19 5pm- 11pm Cocoa Beach Night Party
D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. Blender drinks 2 Fooz ball tables, ping pong, arcade basketball, Cold beer, tastee food, umbrella drinks.
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
Directions: Visit our website at www.njlaws.com for directions to Ireland Brook Dr., or email/fax/call and we will send directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or 732-940-8962 (evening)
Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net
Name: _____________________________
or fax back to Law Office
Fax: (732) 572-0030
Name: _____________________________
2. Recent cases: Blindness After Lasik to Cost $2.1M.
Dr. Joseph Dello Russo had advertised the safety of LASIK eye surgery for years, once even performing it live on Good Morning America. Now, a man who heard the call, underwent Dello Russo's surgery and became legally blind afterwards has settled with the doctor and his New Jersey Eye Center for $2.1 million. James Dell'Ermo alleged that Dello Russo failed to recognize that because of the shape of his corneas he was a poor candidate for LASIK surgery. After the surgery, Dell'Ermo had a deteriorating condition known as ectasia that will eventually force him to seek corneal transplants. Dell'Ermo v. Dello Russo and New Jersey Eye Center was one of 16 negligence lawsuits against the center that were at one time consolidated for binding arbitration, resulting in an award that was rejected by the Appellate Division one year ago, over insurance law considerations, in New Jersey Eye Center v. Princeton Insurance. It was scheduled to go to trial before Bergen County Superior Court Judge Robert C. Wilson this month but was settled shortly beforehand. Source NJL Daily Briefing - 07/08/20087-8-08.
3. Car passenger has no special duty to prevent intoxicated person from driving. Champion v. Dunfee 398 NJ Super. 112 (App. Div. 2008).
The court held that a guest passenger who neither owns nor controls the motor vehicle, who enjoys no special relationship to, and has not substantially encouraged the wrongful behavior of, the actual tortfeasor, owes no affirmative duty to a fellow passenger to prevent his own automobile.
4. Father's right to an Attorney must be honored. NJ DYFS v. R.G. 397 NJ Super. 439.
Attention business owners and professionals. We host a website called the 1,000 greatest Law & Business links on the internet. http://www.njlaws.com/links1.htm
Do you want your website to be listed for free? If yes, add a link from your website to www.njlaws.com. When complete, send an email to our webmaster with the location of the link on your website. After confirmation that your link works, our webmaster will add your website link for free. Generate new business and leads. We all love referrals and new business.
5. Reminder: Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
WHERE: 2053 Woodbridge, Edison, NJ, Law Office conference room, 2nd floor
WHEN: Wednesday, July 23, 2008 12:30- 1:15 P.M.
COST: Free if your pre-register. This program is limited to 15 people
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Revocable Trusts/ Irrevocable Trusts
6. Federal HIPAA Regulations on release of medical info
7. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law.
To attend or for Information: Mike McDonald 732-572-0500 or email kenvnjlaws@verizon.net
Can't attend? We can email you materials
Send email to kenvnjlaws@verizon.net
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in the month of April. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2007" Former Prosecutor.
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 2008. 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
_______________
1. Reminder: Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST Saturday July 19 5pm- 11pm.
2. Recent cases: Blindness After Lasik to Cost $2.1M.
3. Car passenger has no special duty to prevent intoxicated person from driving.
4. Father's right to an attorney must be honored.
5. Reminder: Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
--------------------------------------------------------------------------------
1. Reminder: Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST Saturday July 19 5pm- 11pm.
Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST
Saturday July 19 5pm- 11pm Cocoa Beach Night Party
D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. Blender drinks 2 Fooz ball tables, ping pong, arcade basketball, Cold beer, tastee food, umbrella drinks.
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
Directions: Visit our website at www.njlaws.com for directions to Ireland Brook Dr., or email/fax/call and we will send directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or 732-940-8962 (evening)
Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net
Name: _____________________________
or fax back to Law Office
Fax: (732) 572-0030
Name: _____________________________
2. Recent cases: Blindness After Lasik to Cost $2.1M.
Dr. Joseph Dello Russo had advertised the safety of LASIK eye surgery for years, once even performing it live on Good Morning America. Now, a man who heard the call, underwent Dello Russo's surgery and became legally blind afterwards has settled with the doctor and his New Jersey Eye Center for $2.1 million. James Dell'Ermo alleged that Dello Russo failed to recognize that because of the shape of his corneas he was a poor candidate for LASIK surgery. After the surgery, Dell'Ermo had a deteriorating condition known as ectasia that will eventually force him to seek corneal transplants. Dell'Ermo v. Dello Russo and New Jersey Eye Center was one of 16 negligence lawsuits against the center that were at one time consolidated for binding arbitration, resulting in an award that was rejected by the Appellate Division one year ago, over insurance law considerations, in New Jersey Eye Center v. Princeton Insurance. It was scheduled to go to trial before Bergen County Superior Court Judge Robert C. Wilson this month but was settled shortly beforehand. Source NJL Daily Briefing - 07/08/20087-8-08.
3. Car passenger has no special duty to prevent intoxicated person from driving. Champion v. Dunfee 398 NJ Super. 112 (App. Div. 2008).
The court held that a guest passenger who neither owns nor controls the motor vehicle, who enjoys no special relationship to, and has not substantially encouraged the wrongful behavior of, the actual tortfeasor, owes no affirmative duty to a fellow passenger to prevent his own automobile.
4. Father's right to an Attorney must be honored. NJ DYFS v. R.G. 397 NJ Super. 439.
Attention business owners and professionals. We host a website called the 1,000 greatest Law & Business links on the internet. http://www.njlaws.com/links1.htm
Do you want your website to be listed for free? If yes, add a link from your website to www.njlaws.com. When complete, send an email to our webmaster with the location of the link on your website. After confirmation that your link works, our webmaster will add your website link for free. Generate new business and leads. We all love referrals and new business.
5. Reminder: Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
WHERE: 2053 Woodbridge, Edison, NJ, Law Office conference room, 2nd floor
WHEN: Wednesday, July 23, 2008 12:30- 1:15 P.M.
COST: Free if your pre-register. This program is limited to 15 people
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Revocable Trusts/ Irrevocable Trusts
6. Federal HIPAA Regulations on release of medical info
7. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law.
To attend or for Information: Mike McDonald 732-572-0500 or email kenvnjlaws@verizon.net
Can't attend? We can email you materials
Send email to kenvnjlaws@verizon.net
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in the month of April. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2007" Former Prosecutor.
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 2008. 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, July 09, 2008
NJ Laws Email Newsletter E278 - July 9, 2008
In This Issue
_______________
1. Recent Cases: Bar Could Be Liable for Negligent Supervision of Visibly Intoxicated Person. 2. Search Warrant Must Be Based on Judge Decision, Not Police Discretion.
3. States Can Permit Post Conviction Motions in Cases Decided Before 2004 Based on Crawford Hearsay Challenge.
4. 1,000 Greatest Law & Business Links on the Internet.
5. 31st Annual Summer Blast Saturday July 19th.
6. Belmar Five Mile Run - New Team Competition.
7. Free seminar- 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
--------------------------------------------------------------------------------
Greetings:
1. Recent Cases: Bar Could Be Liable for Negligent Supervision of Visibly Intoxicated Person.
In this opinion the Court discussed the potential liability of a bar/restaurant under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act and the common law when a visibly intoxicated patron who has been served liquor by the bar is driven from the premises by an intoxicated underage patron who was not served liquor, and a fatal automobile accident results.
2. Search warrant must be based on judge decision, not police discretion. State v. Marshall 398 NJ Super. 92 (App. Div. 2008).
A judge issued a search warrant for an apartment in a multiple unit structure but required that the police further investigate which of two apartments was allegedly involved in criminality; he did not require that the police return with this additional, necessary information, but instead issued the warrant on the condition that it not be executed until that additional information was obtained. The court concluded that this process violated the constitutional requirement that a search warrant be issued by a "neutral and detached magistrate" because the judge ceded his authority to the discretion of the police.
The State also argued that the warrant was sufficient insofar as it had authorized the police to search whichever apartment was "controlled" or "possessed" by a particular person. The court held that this loose description did not conform to the constitutional requirement that the place to be searched be "particularly describe[d]" in the warrant.
3. States Can Permit Post Conviction Motions in Cases Decided Before 2004 Based on Crawford Hearsay Challenge. Danforth v. Minnesota 128 S. Ct 1029 (2008).
Teague v. Lane, 489 U. S. 288 (1989), limits the kinds of constitutional violations that will entitle an individual to federal habeas corpus relief, but does not in any way limit the authority of a state court, when reviewing its own state criminal convictions, to provide a remedy for a violation that is deemed "nonretroactive" under Teague.
4. 1,000 Greatest Law & Business Links on the Internet.
Attention business owners and professionals. We host a website called the 1,000 greatest Law & Business links on the internet. http://www.njlaws.com/links1.htm
Do you want your website to be listed for free? If yes, add a link from your website to www.njlaws.com. When complete, send an email to our webmaster with the location of the link on your website. After confirmation that your link works, our webmaster will add your website link for free. Generate new business and leads. We all love referrals and new business.
5. Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST.
Saturday July 19 5pm- 11pm Cocoa Beach Night Party
Join Ken Vercammen and his friends for an exciting evening. D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. Blender drinks, 2 Fooz ball tables, ping pong, arcade basketball, Cold beer, tastee food, umbrella drinks, Chicken sandwiches, ziti, Hot wings, Macaroni Salad, Potato Salad and other favorites
LOCATION: South Brunswick NJ near Farrington Lake, off Route 130 and Rt. 522)
Directions: email/fax/call and we will send directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office
Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net
Name: _____________________________
6. Belmar Five Mile Run - New Team Competition.
Saturday, July 12, 2008 8:30 am
Kenneth Vercammen is putting together 3 teams of both competitive and non- competitive runners. If you can finish 5 miles in less than 1 hour, you can be on our team of fun.
Our winning teams in 2007 won free beer tickets. individual Application online at http://www.belmar5.com/belmar.pdf or go to
http://Active.com
The name of Ken's teams are US Olympic Development 1, Olympic Development 2, and US Olympic Development 3 [ just trying to finish] . We will have runners from several running clubs, including RVRR. JSRC, CJRR & Sandy Hooker Tri Club.
You do not need to be a member of USATF or any club to be on a team. We would like 30 people
of different abilities.
Post Race Activities -
Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways.
Team awards, Free Concert and Beach party, thanks to Miller Lite after the race at Bar Anticipation.
Bring your Belmar Five Mug - mug discounts all day after the Race!
Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar)
If you have or will enter, email Ken V at Kenvnjlaws@verizon.net
Call Kenneth Vercammen at 732-572-0500
More details on Belmar 5 at http://www.belmar5.com/
7. Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
WHERE: 2053 Woodbridge, Edison, NJ, Law Office conference room, 2nd floor
WHEN: Wednesday, July 23, 2008 12:30- 1:15 P.M.
COST: Free if your pre-register. This program is limited to 15 people
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Revocable Trusts/ Irrevocable Trusts
6. Federal HIPAA Regulations on release of medical info
7. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law.
To attend or for Information: Mike McDonald 732-572-0500 or email kenvnjlaws@verizon.net
Can't attend? We can email you materials
Send email to kenvnjlaws@verizon.net
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in the month of April. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2007" Former Prosecutor.
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 2008. 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
_______________
1. Recent Cases: Bar Could Be Liable for Negligent Supervision of Visibly Intoxicated Person. 2. Search Warrant Must Be Based on Judge Decision, Not Police Discretion.
3. States Can Permit Post Conviction Motions in Cases Decided Before 2004 Based on Crawford Hearsay Challenge.
4. 1,000 Greatest Law & Business Links on the Internet.
5. 31st Annual Summer Blast Saturday July 19th.
6. Belmar Five Mile Run - New Team Competition.
7. Free seminar- 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
--------------------------------------------------------------------------------
Greetings:
1. Recent Cases: Bar Could Be Liable for Negligent Supervision of Visibly Intoxicated Person.
In this opinion the Court discussed the potential liability of a bar/restaurant under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act and the common law when a visibly intoxicated patron who has been served liquor by the bar is driven from the premises by an intoxicated underage patron who was not served liquor, and a fatal automobile accident results.
2. Search warrant must be based on judge decision, not police discretion. State v. Marshall 398 NJ Super. 92 (App. Div. 2008).
A judge issued a search warrant for an apartment in a multiple unit structure but required that the police further investigate which of two apartments was allegedly involved in criminality; he did not require that the police return with this additional, necessary information, but instead issued the warrant on the condition that it not be executed until that additional information was obtained. The court concluded that this process violated the constitutional requirement that a search warrant be issued by a "neutral and detached magistrate" because the judge ceded his authority to the discretion of the police.
The State also argued that the warrant was sufficient insofar as it had authorized the police to search whichever apartment was "controlled" or "possessed" by a particular person. The court held that this loose description did not conform to the constitutional requirement that the place to be searched be "particularly describe[d]" in the warrant.
3. States Can Permit Post Conviction Motions in Cases Decided Before 2004 Based on Crawford Hearsay Challenge. Danforth v. Minnesota 128 S. Ct 1029 (2008).
Teague v. Lane, 489 U. S. 288 (1989), limits the kinds of constitutional violations that will entitle an individual to federal habeas corpus relief, but does not in any way limit the authority of a state court, when reviewing its own state criminal convictions, to provide a remedy for a violation that is deemed "nonretroactive" under Teague.
4. 1,000 Greatest Law & Business Links on the Internet.
Attention business owners and professionals. We host a website called the 1,000 greatest Law & Business links on the internet. http://www.njlaws.com/links1.htm
Do you want your website to be listed for free? If yes, add a link from your website to www.njlaws.com. When complete, send an email to our webmaster with the location of the link on your website. After confirmation that your link works, our webmaster will add your website link for free. Generate new business and leads. We all love referrals and new business.
5. Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST.
Saturday July 19 5pm- 11pm Cocoa Beach Night Party
Join Ken Vercammen and his friends for an exciting evening. D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. Blender drinks, 2 Fooz ball tables, ping pong, arcade basketball, Cold beer, tastee food, umbrella drinks, Chicken sandwiches, ziti, Hot wings, Macaroni Salad, Potato Salad and other favorites
LOCATION: South Brunswick NJ near Farrington Lake, off Route 130 and Rt. 522)
Directions: email/fax/call and we will send directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office
Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net
Name: _____________________________
6. Belmar Five Mile Run - New Team Competition.
Saturday, July 12, 2008 8:30 am
Kenneth Vercammen is putting together 3 teams of both competitive and non- competitive runners. If you can finish 5 miles in less than 1 hour, you can be on our team of fun.
Our winning teams in 2007 won free beer tickets. individual Application online at http://www.belmar5.com/belmar.pdf or go to
http://Active.com
The name of Ken's teams are US Olympic Development 1, Olympic Development 2, and US Olympic Development 3 [ just trying to finish] . We will have runners from several running clubs, including RVRR. JSRC, CJRR & Sandy Hooker Tri Club.
You do not need to be a member of USATF or any club to be on a team. We would like 30 people
of different abilities.
Post Race Activities -
Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways.
Team awards, Free Concert and Beach party, thanks to Miller Lite after the race at Bar Anticipation.
Bring your Belmar Five Mug - mug discounts all day after the Race!
Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar)
If you have or will enter, email Ken V at Kenvnjlaws@verizon.net
Call Kenneth Vercammen at 732-572-0500
More details on Belmar 5 at http://www.belmar5.com/
7. Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
WHERE: 2053 Woodbridge, Edison, NJ, Law Office conference room, 2nd floor
WHEN: Wednesday, July 23, 2008 12:30- 1:15 P.M.
COST: Free if your pre-register. This program is limited to 15 people
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Revocable Trusts/ Irrevocable Trusts
6. Federal HIPAA Regulations on release of medical info
7. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law.
To attend or for Information: Mike McDonald 732-572-0500 or email kenvnjlaws@verizon.net
Can't attend? We can email you materials
Send email to kenvnjlaws@verizon.net
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in the month of April. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2007" Former Prosecutor.
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 2008. 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, July 02, 2008
NJ Laws Email Newsletter E277 - July 2, 2008
In This Issue
_______________
1. Recent Cases: Illegal U-turn that Killed Motorcyclist Costs $1.4M.
2. Police do not need a reasonable suspicion before they may access the NCIC database. State v. Sloane 193 NJ 423 (2008).
3. Constructive possession of CDS is jury question. State v. Scott 193 NJ 227 (2008) Approved for Publication January 28, 2008.
4. The filing of Tort Claims notice does bar expungement. In the Matter of Expungement Petition of J.R.S. 398 NJ Super. 1 (App Div. 2008).
5. Upcoming non profit races.
6. Cynthia Vercammen's Cocoa Beach Night Party.
--------------------------------------------------------------------------------
Happy 4th of July!
1. Recent Cases: Illegal U-turn that Killed Motorcyclist Costs $1.4M.
The estate of a motorcyclist who was killed after a limousine traveling in the other direction pulled across his lanes of traffic to make a turn will receive a $1.4 million settlement. The Carey International Limo driver, Armando Sigcha, was illegally trying to make a U-turn on Route 1-9 in North Bergen. He had turned into the southbound lanes to a 90-degree angle when motorcyclist Jose Gonzalez saw him and gripped his brakes to stop. There was not enough room. Gonzalez struck the limo, was thrown from his bike and died at the scene when his body struck a telephone pole. Retired Superior Court Judge Robert Feldman mediated the settlement, which was limited by evidence that Gonzalez had been traveling 18 mph above the speed limit at the time of the crash. Estate of Gonzalez v. Carey International
Source: NJ Lawyer Daily Briefing 7/2/08
2. Police do not need a reasonable suspicion before they may access the NCIC database. State v. Sloane 193 NJ 423 (2008).
During a motor vehicle stop, the passenger, like the driver, is seized under the federal and state constitutions. Police do not need a reasonable suspicion before they may access the NCIC database and, because accessing the NCIC database was within the scope of the traffic stop and did not unreasonably prolong the stop, there was no basis to suppress the evidence found.
3. Constructive possession of CDS is jury question. State v. Scott 193 NJ 227 (2008) Approved for Publication January 28, 2008.
The primary issue in this case was whether defendant actually or constructively possessed cocaine that was found in the vehicle in which he was a passenger. With one judge dissenting, the court affirmed the trial court's decision to deny defendant's motion for acquittal and his motion for a new trial. But the court remanded for a determination regarding the voluntariness of statements attributed to defendant and for resentencing. 1-10-08 State v. Morgan Scott (A-115-06)
Possession cannot be based on mere presence at the place where contraband is located. There must be other circumstances or statements of defendant permitting the inference of defendant's control of the contraband.
The judgment of the Appellate Division is affirmed substantially for the reasons expressed in the Appellate Division's majority opinion.
4. The filing of Tort Claims notice does not bar expungement. In the Matter of Expungement Petition of J.R.S. 398 NJ Super. 1 (App Div. 2008).
Petitioner appeals from the order of the Law Division vacating a previously entered judgment of expungement. Before filing the expungement application, petitioner sent a TCA tort claims notice to the State regarding the subject matter of the expungement. After the expungement was granted, petitioner commenced a civil suit against the State.
The court rejected the State's argument that petitioner's filing of a TCA tort claims notice constituted the commencement of "civil litigation" against a public entity, triggering the statutory bar against the granting of an expungement petition contained in N.J.S.A. 2C:52-14(d). The court also found no statutory support for the State's argument that enforcement of the expungement judgment deprives the State of information needed to defend itself against plaintiff's allegations of wrongdoings.
5. Upcoming Non-Profit Races:
7/12 Belmar Five Mile Run, 8:30am Belmar, NJ 732-571-2162 free food at Bar A after race and reduced price drinks
7/13 Long Branch Sprint Triathlon Series-2 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch, NJ 732-614-6028
6. Cynthia Vercammen's Annual Cocoa Beach Party Night
There is a tenative date of July 19 for Blender Drinks at the Tiki Bar.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 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 2008. 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
_______________
1. Recent Cases: Illegal U-turn that Killed Motorcyclist Costs $1.4M.
2. Police do not need a reasonable suspicion before they may access the NCIC database. State v. Sloane 193 NJ 423 (2008).
3. Constructive possession of CDS is jury question. State v. Scott 193 NJ 227 (2008) Approved for Publication January 28, 2008.
4. The filing of Tort Claims notice does bar expungement. In the Matter of Expungement Petition of J.R.S. 398 NJ Super. 1 (App Div. 2008).
5. Upcoming non profit races.
6. Cynthia Vercammen's Cocoa Beach Night Party.
--------------------------------------------------------------------------------
Happy 4th of July!
1. Recent Cases: Illegal U-turn that Killed Motorcyclist Costs $1.4M.
The estate of a motorcyclist who was killed after a limousine traveling in the other direction pulled across his lanes of traffic to make a turn will receive a $1.4 million settlement. The Carey International Limo driver, Armando Sigcha, was illegally trying to make a U-turn on Route 1-9 in North Bergen. He had turned into the southbound lanes to a 90-degree angle when motorcyclist Jose Gonzalez saw him and gripped his brakes to stop. There was not enough room. Gonzalez struck the limo, was thrown from his bike and died at the scene when his body struck a telephone pole. Retired Superior Court Judge Robert Feldman mediated the settlement, which was limited by evidence that Gonzalez had been traveling 18 mph above the speed limit at the time of the crash. Estate of Gonzalez v. Carey International
Source: NJ Lawyer Daily Briefing 7/2/08
2. Police do not need a reasonable suspicion before they may access the NCIC database. State v. Sloane 193 NJ 423 (2008).
During a motor vehicle stop, the passenger, like the driver, is seized under the federal and state constitutions. Police do not need a reasonable suspicion before they may access the NCIC database and, because accessing the NCIC database was within the scope of the traffic stop and did not unreasonably prolong the stop, there was no basis to suppress the evidence found.
3. Constructive possession of CDS is jury question. State v. Scott 193 NJ 227 (2008) Approved for Publication January 28, 2008.
The primary issue in this case was whether defendant actually or constructively possessed cocaine that was found in the vehicle in which he was a passenger. With one judge dissenting, the court affirmed the trial court's decision to deny defendant's motion for acquittal and his motion for a new trial. But the court remanded for a determination regarding the voluntariness of statements attributed to defendant and for resentencing. 1-10-08 State v. Morgan Scott (A-115-06)
Possession cannot be based on mere presence at the place where contraband is located. There must be other circumstances or statements of defendant permitting the inference of defendant's control of the contraband.
The judgment of the Appellate Division is affirmed substantially for the reasons expressed in the Appellate Division's majority opinion.
4. The filing of Tort Claims notice does not bar expungement. In the Matter of Expungement Petition of J.R.S. 398 NJ Super. 1 (App Div. 2008).
Petitioner appeals from the order of the Law Division vacating a previously entered judgment of expungement. Before filing the expungement application, petitioner sent a TCA tort claims notice to the State regarding the subject matter of the expungement. After the expungement was granted, petitioner commenced a civil suit against the State.
The court rejected the State's argument that petitioner's filing of a TCA tort claims notice constituted the commencement of "civil litigation" against a public entity, triggering the statutory bar against the granting of an expungement petition contained in N.J.S.A. 2C:52-14(d). The court also found no statutory support for the State's argument that enforcement of the expungement judgment deprives the State of information needed to defend itself against plaintiff's allegations of wrongdoings.
5. Upcoming Non-Profit Races:
7/12 Belmar Five Mile Run, 8:30am Belmar, NJ 732-571-2162 free food at Bar A after race and reduced price drinks
7/13 Long Branch Sprint Triathlon Series-2 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch, NJ 732-614-6028
6. Cynthia Vercammen's Annual Cocoa Beach Party Night
There is a tenative date of July 19 for Blender Drinks at the Tiki Bar.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.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 22 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 2008. 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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