NJ Laws Email Newsletter E285
Kenneth Vercammen, Attorney at Law
October 22, 2008
In This Issue
_______________
1. GOT KIDS? Estate Planning is Recommended
2. $1.7M Award for Head Injury from 1995 Crash
3. $486K Jury Award for Permanent Back and Leg Pain
4. $2.4M Settlement in Fall from Faulty Railing
5. In Driving While Suspended / DWS, Uncounseled Prior Plea Cannot Enhance Jail. State v. Thomas 401 NJ Super. 180 (Law Div. 2007)
6. South Brunswick Boys Soccer #1
7. If You Are Hurt In An Accident, We Can Help
--------------------------------------------------------------------------------
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Greetings Kenneth Vercammen,
1. GOT KIDS? ESTATE PLANNING IS RECOMMENDED
If you have minor children and do not have a will, one author wrote you are doing them a great disservice bordering on child neglect. If you do not name a guardian for your minor children think of the worst relative you have and that's who will get the kids. Makes you shudder, doesn't it?
We've finished the graduation season and kids have started college. Do you have a recent high school grad? Is your son or daughter over 18 and heading off to college? Did you remember that your child is now an adult and your control over them is limited? For example, if your daughter becomes ill while at school and is admitted to the hospital or student health center, you are NOT legally entitled to know about it-or about her condition; even if you are paying for everything.
So, here's the plan. Have your college son or daughter prepare a HIPAA authorization form. This allows your child to name the parents as the persons to discuss health care matters with medical personnel. Without it, you cannot legally learn anything. It's something that most parents never think about.
It may also be prudent for your child to execute the basic documents listed above, including the Durable Power or Attorney and Advance Directives. Once a child turns 18, your legal connection is irrevocably changed.
REAL ESTATE
Do you own real estate? How is it titled? Is it a survivorship deed? Have you considered a transfer on death deed? Some states permit those and they work very well. Do you have a second home? Is it outside your home state? What are the laws in that state regarding the inheritance of property? Schedule an appointment with your attorney.
2. $1.7M AWARD FOR HEAD INJURY FROM 1995 CRASH
Armed with a New Jersey Supreme Court decision loosening a six-year statute of limitations, a 32-year-old woman has been awarded $1.7 million by an arbitration panel for her injuries in a car crash when she was 18. In 1995, Jennifer Lake was the passenger in a car that went off a road in Pittsgrove and struck one tree, then another. She received extensive treatment for head injuries during 10 days in the hospital, and for the next several years continued to have physical and emotional problems. An initial claim against the driver was settled within his policy limits of $100,000, but afterward when an underinsured motorist claim was filed with New Jersey Manufacturers Insurance Co., it was turned down because there was a "failure to toll the statute of limitations." A legal malpractice case was brought against Lake's first law firm, but in 2005 the Supreme Court decided Price v. New Jersey Manufacturers,which allowed an equitable tolling of the statute of limitations. Lake v. New Jersey Manufacturers thenwent to an arbitration panel consisting of Robert G. Harbeson, George A. Prutting and Maury K. Cutler, which awarded the $1.7 million.
Source: NJ Lawyer Daily Briefing 10-7-08
3. $486K JURY AWARD FOR PERMANENT BACK AND LEG PAIN
A driver whose nervous system was permanently damaged by a rear-end crash, resulting in eight months of lost wages and a struggle with chronic back and right-leg pain, was awarded $486,000 by a Cumberland County jury in Saduk v. Huckleberry. Superior Court Judge Michael Brooke Fisher reduced the award to $450,000 because Joanne Saduk already had received some wage disability payments through her employment-based insurance. Saduk was waiting to turn left on a Port Elizabeth street in 2004 when James Huckleberry struck her from behind, blowing out the back window of her car and leaving her unconscious. Tests eventually revealed that her nerve damage was permanent and could only be controlled by medication.
Source: NJ Lawyer Daily Briefing 10-10-08
4. $2.4M SETTLEMENT IN FALL FROM FAULTY RAILING
A man injured after he leaned against a second-story railing that gave out has settled his personal injury suit in Middlesex County for $2.4 million. John Rojas was helping a friend move out of his Chester apartment in March 2006 when he fell, fracturing his elbow and femur. He now walks with a limp. The property owner, 76 Main Street LLC, will pay $1 million toward the settlement reached before Superior Court Judge Jessica R. Mayer. Cafaro Brothers, Inc., which installed the railing, will pay $500,000. Plus, $900,000 will be covered by AIG, which sold an excess-damages policy to 76 Main Street.
Source: NJ Lawyer Daily Briefing 10-14-08
5. IN DRIVING WHILE SUSPENDED / DWS, UNCOUNSELED PRIOR PLEA CANNOT ENHANCE JAIL. State v. Thomas 401 NJ Super. 180 (Law Div. 2007)
No defendant may be sentenced to an increased period of incarceration for any offense on the basis of a prior un-counseled conviction.
Source: 192 N.J.L.J. 574.
6. SOUTH BRUNSWICK BOYS SOCCER #1
The Vikings clinched their 3rd Straight Red Division Title With a Win Against Edison. This is the first time in school history the boys soccer program has won any championship 3 years in a row. Congratulations gentleman on this great accomplishment. South Brunswick is seeded #1 in the Middlesex County Soccer Tournament. Brendan V is forward on the varsity team.
7. IF YOU ARE HURT IN AN ACCIDENT, WE CAN HELP
If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only - Not insurance companies. We Will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. We offer a free, no-obligation consultation.
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
Mike McDonald - Editor of NJ Laws Newsletter Blog
Wednesday, October 22, 2008
Tuesday, October 07, 2008
NJ Laws Email Newsletter E284 - October 7, 2008
NJ Laws Email Newsletter E284
Kenneth Vercammen, Attorney at Law October 7, 2008
In This Issue
_______________
1. Failure to Monitor Fetus Leads to $1M Settlement.
2. Estate of Man Hit by Pizza Delivery Vehicle to Receive $1.6 Million.
3. Medicaid Planning with Care Agreement.
4. Wills, Probate and Elder Law- Adult and Community Education (WHEN: Tuesday October 21, 2008 7 - 9 P.M.)
5. Free Office Space for Attorney- Edison, NJ.
--------------------------------------------------------------------------------
1. Failure to Monitor Fetus Leads to $1M Settlement.
An obstetrician who proceeded to let his patient deliver her baby vaginally after a partial failure of the fetal monitoring devices, only to see the baby born with evidence of severe oxygen deprivation and permanent neurological problems, will pay the child his full malpractice insurance limit of $1 million in settlement of Krikheli v. Skorenko. The electrodes monitoring Rachel Krikheli's fetus began to show disturbing signs of the fetus's condition soon after Dr. Kenneth Skorenko arrived to oversee her delivery at Monmouth Medical Center in May 2001 but then became completely uninterpretable. Skorenko did not follow the normal practice of applying a new electrode to the fetal scalp to learn more but went ahead immediately with delivery, justified, his attorneys argued, by the rapidity of labor and some partial but reassuring signs from the monitoring equipment. However, the newborn immediately showed signs of difficulty, which eventually solidified into spastic quadriplegia, delays in development and other problems that will prevent her from ever living independently and will probably shorten her life. The parties arrived at their settlement before trial began before Monmouth County Judge Mark A. Sullivan.
Source: NJL Daily Briefing - 09/26/2008
2. Estate of Man Hit by Pizza Delivery Vehicle to Receive $1.6 Million.
The estate of a man who died three months after being hit by a pizza delivery vehicle has been awarded $1.6 million by a Bergen County jury. Charles Kasak was crossing Kinderkamack Road in Oradell in October 2006 when a J & V Italo driver struck him. The apparent damage comprised three leg fractures, but after surgery at Hackensack University Medical Center, Kasak never regained the ability to walk and died the following January.
Source - NJL Daily Briefing 09/26/2008 10-3-08
3. Medicaid Planning with Care Agreement for Family Members to Provide Services. by Thomas D. Begley, Jr., Esquire.
Care agreements are discussed in HCFA Transmittal 64. The pertinent section reads in part: "While relatives and family members legitimately can be paid for care they provide to the individual, HCFA presumes that services provided for free at the time were intended to be provided without compensation." The presumption is rebuttable. States may require that a payment arrangement had been agreed to in writing at the time services were provided. The three requirements for a valid care agreement are: (1) that the agreement be in writing, (2) that the payment be made for care delivered after the date of the agreement, and (3) that the compensation be reasonable.
Home Modification
Often, children bring a parent into the home of the child until such time as the parent is ready to enter a nursing home. In many cases, the child must modify his home in order to make it adaptable to the needs of the frail parent. In drafting a care agreement, reimbursement for expenses made by the child to modify the home should be covered.
Home Maintenance
Expenses in maintaining the home may also be included. Presumably, Medicaid will accept any reasonable formula. One formula would be to total the cost of operating the home, including real estate taxes, water, sewer, utilities, homeowner's insurance premium, condominium fees, and any other shelter-related expenses, and divide that total by the number of persons living in the home, including the client. Food, medical, and other expenses could be paid directly by the client.
Services
A child may provide care for a parent and charge for those services. For example, a potential Medicaid recipient is single and frail, but would be able to stay out of a nursing home with assistance. His son agrees to move him into the son's home and care for him. The level of care will be similar to that provided by an assisted living facility. Therefore, the potential Medicaid applicant may pay the son a reasonable amount for care (i.e., $3,000 per month). To avoid violating the "pig principle," pay the child 80% of what a third party would charge for the service being rendered. A portion of the payment is for care; a portion is for rent. Other services might be less intense, such as driving a parent to doctor's visits, doing laundry, maintaining a checkbook, etc. It may be more appropriate to charge hourly for this type of service.
The contract should clearly spell out the types of services to be rendered by the caregiver child. These services typically include the following:
· Transportation
· Shopping
· Laundry
· Checkbook
· Insurance
· Medications
· Health Assessment
· Secure Health Care
· Monitoring Health Care
· Personal Needs
· Entertainment
· Personal Shopping
· Taxes
Living Arrangements
There are five circumstances under which a care agreement might be appropriate. One is where the child cares for the parent in the child's home. Another is where the child cares for the parent in the parent's home. And a third is where the child provides care to the parent although each live in separate homes. The fourth situation is where the child coordinates care provided by third parties. A fifth situation would be where a child provides services for a parent already residing in a facility to supplement the services provided by the facility. These might include management of a checking account, transportation to doctors, laundry and other services. The care agreement must be carefully drafted to reflect the actual situation.
The Missouri Court of Appeals upheld a care agreement for care provided after the Medicaid recipient had entered the nursing home. On July 25, 2003, Eileen Reed entered a nursing home. In September, she signed a care agreement with her daughter, Sandra Teson, providing that Teson would prepare nutritious, appropriate meals; laundry; assistance with grooming, bathing, dressing, and personal shopping, including the purchase of clothing, toiletries, and other personal items; assistance with purchasing goods for Reed's use and enjoyment; monitoring Reed's physical and mental condition and nutritional needs in cooperation with health care providers; arranging for transportation to health care providers and to physicians of Reed's choice, as well as arranging for assessment, services, and treatment by appropriate health care providers for Reed; assisting Reed in following the instructions and directives of Reed's health care providers; arranging for social services by Social Service personnel; visiting at least weekly and encouraging social interaction; arranging for outings and walks, if reasonable and feasible for Reed; and interacting with and/or assisting any agent of Reed in interacting with health professionals, long-term care facility administrators, Social Service personnel, insurance companies, and government workers in order to safeguard Reed's rights, beneficiaries, and resources as needed. The court held that an $11,000 payment to Reed was in exchange for a binding and enforceable personal services contract and was fair and valuable consideration. Essentially, the contract provided that Teson would provide a communication link between Reed and her doctors and nurses regarding the status of her health, as well as interact with facility personnel to safeguard Reed's rights and benefits. These services supported Reed's independence, autonomy, well-being, and care and enhanced her life in ways that the facility did not and was above and beyond the care provided by the facility.
A Louisiana court also upheld a care agreement. In that case, Louise Carpenter moved in with her daughter in 1989. She moved to a nursing home on February 5, 2004. Mrs. Carpenter transferred $29,339.68, the balance of her Legg Mason brokerage account to her daughter at a point in time close to her entering the nursing home instead of when she moved in with her daughter. They claimed that the $29,339.68 was in consideration for the care she provided for 15 years. The Administrative Law Judge doubted the credibility as to the reasons why Mrs. Bergeron did not accept payment until after her mother entered the nursing home. The court held that agreement to be valid and compensation to be reasonable.
Life Care Contract
It may be possible for a parent to transfer his assets to a child in exchange for lifetime care by the child for the parent. One alternative would be to take the position that, at the time the contract was entered into, the parties had no idea as to the length of time for which the child would care for the parent and, therefore, the entire value of the assets transferred from the parent to the child would be "for value." A more conservative approach would be to argue that the child is entitled to monthly compensation at a rate similar to that charged by an assisted living facility in the area. The assets would be transferred from the parent to the child, and the child would earn those assets in accordance with the monthly rate established in the care agreement. The rate must be reasonable. If the parent entered a nursing home prematurely, the child would retransfer any excess assets to the parent.
Taxable Income/FICA/FUTA
Payments from the parent to the caregiver child are taxable income to the child and, depending on whether the child is an employee or an independent contractor, would be subject to withholding for FICA and FUTA or subject to payment of self-employment tax. If the parent is being cared for in the child's home, the agreement may provide that the parent pay a pro rata share of expenses attended to operating the home, such as real estate taxes, insurance, utilities, etc. It could be argued that these are simply reimbursement of expenses and not taxable income.
Copyright 2008 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
4. Wills, Probate and Elder Law- Adult and Community Education.
WHEN: Tuesday October 21, 2008 7 - 9 P.M.
East Brunswick Adult & Community Education Program
East Brunswick High Schoool, Cranbury Rd
Course #FBB
Fee: $29
Instructor: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
You don't have to be wealthy or near death to do some thinking about a will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of the state law. Topics covered by author of "Answer to questions about Probate" will include: Wills, revocable trusts, irrevocable trusts, power of attorney, living will, long term care insurance, reverse mortgage, plus the opportunity to ask questions.
For more information on Elder law, visit the Website www.centraljerseyelderlaw.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.
Tues. 7:00-8:30 pm - 1 session: October 21, 2008
Call the Adult Education Office for registration information 732-613-6989
http://www.ebnet.org/Community_Programs/downloads/Fall_2008_Web.pdf
Please make checks payable to Adult and Community Education and mail to: Director, East Brunswick Adult and Community Education, EBHS, 380 Cranbury Road, East Brunswick, NJ 08816-3095.
About the Speaker: Kenneth Vercammen is an Elder Law and Litigation Attorney in Edison, NJ. He often lectures for the American Bar Association and New Jersey State Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published 125 articles in national and New Jersey publications on legal topics. He speaks as a volunteer on Wills and Elder law to Adult Community Schools and nonprofit groups including Edison, Metuchen, Woodbridge, East Brunswick, North Brunswick, South Brunswick, Piscataway, Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey's most popular Elder law website on the Internet to provide information on Probate, Elder Law and Traffic matters located at www.centraljerseyelderlaw.com.
5. Free Office Space for Attorney- Edison, NJ.
Law Office also has space sharing opportunity for new lawyer to get experience and go to court.
Attorney will be provided with their own office to start their practice, rent free. In return they will handle municipal court appearances, Will signings and other legal work and criminal law website updates in lieu of rent for maximum 5 hours per week.
Go to court and get trial experience. Its an Excellent opportunity to jump start your career. You will get to represent people in Municipal Courts in Middlesex, Union and Monmouth County and meet the top Prosecutors and Judges. Must be admitted in NJ and have a car.
Learn to interview potential Municipal Court/Criminal clients. Also learn to draft Wills and work on Litigation files. Attorney may also help provide legal assistance to members of prepaid legal plans and public defender clients. Follow up contact calls with clients, courts, prosecutors and bar associations.
Excellent mentoring position for the right attorney. Are you hardworking and aggressive? Visit our website: www.njlaws.com to learn about our office.
The following is included with office use:
1. Desk space on our 2nd floor
2. Use of 2nd floor conference table for meetings or
depositions by appointment
3. Use of our audio tape and video library.
4. Use of the front room reception area
5. Ability to put a file cabinet in basement to store your
old file
6. Lighting/ Utilities
7. Bathroom Supplies
8. Landscaping / Snow Removal
9. Cleaning of Common Area
10. Hot water, municipal water/sewer charge paid
Call KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Welcoming to Edison, NJ
Kim's Kafe
Breakfast, Lunch, and Lottery
2045 Woodbridge Avenue
Edison, NJ 08817
(732) 253-0975
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
Kenneth Vercammen, Attorney at Law October 7, 2008
In This Issue
_______________
1. Failure to Monitor Fetus Leads to $1M Settlement.
2. Estate of Man Hit by Pizza Delivery Vehicle to Receive $1.6 Million.
3. Medicaid Planning with Care Agreement.
4. Wills, Probate and Elder Law- Adult and Community Education (WHEN: Tuesday October 21, 2008 7 - 9 P.M.)
5. Free Office Space for Attorney- Edison, NJ.
--------------------------------------------------------------------------------
1. Failure to Monitor Fetus Leads to $1M Settlement.
An obstetrician who proceeded to let his patient deliver her baby vaginally after a partial failure of the fetal monitoring devices, only to see the baby born with evidence of severe oxygen deprivation and permanent neurological problems, will pay the child his full malpractice insurance limit of $1 million in settlement of Krikheli v. Skorenko. The electrodes monitoring Rachel Krikheli's fetus began to show disturbing signs of the fetus's condition soon after Dr. Kenneth Skorenko arrived to oversee her delivery at Monmouth Medical Center in May 2001 but then became completely uninterpretable. Skorenko did not follow the normal practice of applying a new electrode to the fetal scalp to learn more but went ahead immediately with delivery, justified, his attorneys argued, by the rapidity of labor and some partial but reassuring signs from the monitoring equipment. However, the newborn immediately showed signs of difficulty, which eventually solidified into spastic quadriplegia, delays in development and other problems that will prevent her from ever living independently and will probably shorten her life. The parties arrived at their settlement before trial began before Monmouth County Judge Mark A. Sullivan.
Source: NJL Daily Briefing - 09/26/2008
2. Estate of Man Hit by Pizza Delivery Vehicle to Receive $1.6 Million.
The estate of a man who died three months after being hit by a pizza delivery vehicle has been awarded $1.6 million by a Bergen County jury. Charles Kasak was crossing Kinderkamack Road in Oradell in October 2006 when a J & V Italo driver struck him. The apparent damage comprised three leg fractures, but after surgery at Hackensack University Medical Center, Kasak never regained the ability to walk and died the following January.
Source - NJL Daily Briefing 09/26/2008 10-3-08
3. Medicaid Planning with Care Agreement for Family Members to Provide Services. by Thomas D. Begley, Jr., Esquire.
Care agreements are discussed in HCFA Transmittal 64. The pertinent section reads in part: "While relatives and family members legitimately can be paid for care they provide to the individual, HCFA presumes that services provided for free at the time were intended to be provided without compensation." The presumption is rebuttable. States may require that a payment arrangement had been agreed to in writing at the time services were provided. The three requirements for a valid care agreement are: (1) that the agreement be in writing, (2) that the payment be made for care delivered after the date of the agreement, and (3) that the compensation be reasonable.
Home Modification
Often, children bring a parent into the home of the child until such time as the parent is ready to enter a nursing home. In many cases, the child must modify his home in order to make it adaptable to the needs of the frail parent. In drafting a care agreement, reimbursement for expenses made by the child to modify the home should be covered.
Home Maintenance
Expenses in maintaining the home may also be included. Presumably, Medicaid will accept any reasonable formula. One formula would be to total the cost of operating the home, including real estate taxes, water, sewer, utilities, homeowner's insurance premium, condominium fees, and any other shelter-related expenses, and divide that total by the number of persons living in the home, including the client. Food, medical, and other expenses could be paid directly by the client.
Services
A child may provide care for a parent and charge for those services. For example, a potential Medicaid recipient is single and frail, but would be able to stay out of a nursing home with assistance. His son agrees to move him into the son's home and care for him. The level of care will be similar to that provided by an assisted living facility. Therefore, the potential Medicaid applicant may pay the son a reasonable amount for care (i.e., $3,000 per month). To avoid violating the "pig principle," pay the child 80% of what a third party would charge for the service being rendered. A portion of the payment is for care; a portion is for rent. Other services might be less intense, such as driving a parent to doctor's visits, doing laundry, maintaining a checkbook, etc. It may be more appropriate to charge hourly for this type of service.
The contract should clearly spell out the types of services to be rendered by the caregiver child. These services typically include the following:
· Transportation
· Shopping
· Laundry
· Checkbook
· Insurance
· Medications
· Health Assessment
· Secure Health Care
· Monitoring Health Care
· Personal Needs
· Entertainment
· Personal Shopping
· Taxes
Living Arrangements
There are five circumstances under which a care agreement might be appropriate. One is where the child cares for the parent in the child's home. Another is where the child cares for the parent in the parent's home. And a third is where the child provides care to the parent although each live in separate homes. The fourth situation is where the child coordinates care provided by third parties. A fifth situation would be where a child provides services for a parent already residing in a facility to supplement the services provided by the facility. These might include management of a checking account, transportation to doctors, laundry and other services. The care agreement must be carefully drafted to reflect the actual situation.
The Missouri Court of Appeals upheld a care agreement for care provided after the Medicaid recipient had entered the nursing home. On July 25, 2003, Eileen Reed entered a nursing home. In September, she signed a care agreement with her daughter, Sandra Teson, providing that Teson would prepare nutritious, appropriate meals; laundry; assistance with grooming, bathing, dressing, and personal shopping, including the purchase of clothing, toiletries, and other personal items; assistance with purchasing goods for Reed's use and enjoyment; monitoring Reed's physical and mental condition and nutritional needs in cooperation with health care providers; arranging for transportation to health care providers and to physicians of Reed's choice, as well as arranging for assessment, services, and treatment by appropriate health care providers for Reed; assisting Reed in following the instructions and directives of Reed's health care providers; arranging for social services by Social Service personnel; visiting at least weekly and encouraging social interaction; arranging for outings and walks, if reasonable and feasible for Reed; and interacting with and/or assisting any agent of Reed in interacting with health professionals, long-term care facility administrators, Social Service personnel, insurance companies, and government workers in order to safeguard Reed's rights, beneficiaries, and resources as needed. The court held that an $11,000 payment to Reed was in exchange for a binding and enforceable personal services contract and was fair and valuable consideration. Essentially, the contract provided that Teson would provide a communication link between Reed and her doctors and nurses regarding the status of her health, as well as interact with facility personnel to safeguard Reed's rights and benefits. These services supported Reed's independence, autonomy, well-being, and care and enhanced her life in ways that the facility did not and was above and beyond the care provided by the facility.
A Louisiana court also upheld a care agreement. In that case, Louise Carpenter moved in with her daughter in 1989. She moved to a nursing home on February 5, 2004. Mrs. Carpenter transferred $29,339.68, the balance of her Legg Mason brokerage account to her daughter at a point in time close to her entering the nursing home instead of when she moved in with her daughter. They claimed that the $29,339.68 was in consideration for the care she provided for 15 years. The Administrative Law Judge doubted the credibility as to the reasons why Mrs. Bergeron did not accept payment until after her mother entered the nursing home. The court held that agreement to be valid and compensation to be reasonable.
Life Care Contract
It may be possible for a parent to transfer his assets to a child in exchange for lifetime care by the child for the parent. One alternative would be to take the position that, at the time the contract was entered into, the parties had no idea as to the length of time for which the child would care for the parent and, therefore, the entire value of the assets transferred from the parent to the child would be "for value." A more conservative approach would be to argue that the child is entitled to monthly compensation at a rate similar to that charged by an assisted living facility in the area. The assets would be transferred from the parent to the child, and the child would earn those assets in accordance with the monthly rate established in the care agreement. The rate must be reasonable. If the parent entered a nursing home prematurely, the child would retransfer any excess assets to the parent.
Taxable Income/FICA/FUTA
Payments from the parent to the caregiver child are taxable income to the child and, depending on whether the child is an employee or an independent contractor, would be subject to withholding for FICA and FUTA or subject to payment of self-employment tax. If the parent is being cared for in the child's home, the agreement may provide that the parent pay a pro rata share of expenses attended to operating the home, such as real estate taxes, insurance, utilities, etc. It could be argued that these are simply reimbursement of expenses and not taxable income.
Copyright 2008 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
4. Wills, Probate and Elder Law- Adult and Community Education.
WHEN: Tuesday October 21, 2008 7 - 9 P.M.
East Brunswick Adult & Community Education Program
East Brunswick High Schoool, Cranbury Rd
Course #FBB
Fee: $29
Instructor: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
You don't have to be wealthy or near death to do some thinking about a will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of the state law. Topics covered by author of "Answer to questions about Probate" will include: Wills, revocable trusts, irrevocable trusts, power of attorney, living will, long term care insurance, reverse mortgage, plus the opportunity to ask questions.
For more information on Elder law, visit the Website www.centraljerseyelderlaw.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.
Tues. 7:00-8:30 pm - 1 session: October 21, 2008
Call the Adult Education Office for registration information 732-613-6989
http://www.ebnet.org/Community_Programs/downloads/Fall_2008_Web.pdf
Please make checks payable to Adult and Community Education and mail to: Director, East Brunswick Adult and Community Education, EBHS, 380 Cranbury Road, East Brunswick, NJ 08816-3095.
About the Speaker: Kenneth Vercammen is an Elder Law and Litigation Attorney in Edison, NJ. He often lectures for the American Bar Association and New Jersey State Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published 125 articles in national and New Jersey publications on legal topics. He speaks as a volunteer on Wills and Elder law to Adult Community Schools and nonprofit groups including Edison, Metuchen, Woodbridge, East Brunswick, North Brunswick, South Brunswick, Piscataway, Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey's most popular Elder law website on the Internet to provide information on Probate, Elder Law and Traffic matters located at www.centraljerseyelderlaw.com.
5. Free Office Space for Attorney- Edison, NJ.
Law Office also has space sharing opportunity for new lawyer to get experience and go to court.
Attorney will be provided with their own office to start their practice, rent free. In return they will handle municipal court appearances, Will signings and other legal work and criminal law website updates in lieu of rent for maximum 5 hours per week.
Go to court and get trial experience. Its an Excellent opportunity to jump start your career. You will get to represent people in Municipal Courts in Middlesex, Union and Monmouth County and meet the top Prosecutors and Judges. Must be admitted in NJ and have a car.
Learn to interview potential Municipal Court/Criminal clients. Also learn to draft Wills and work on Litigation files. Attorney may also help provide legal assistance to members of prepaid legal plans and public defender clients. Follow up contact calls with clients, courts, prosecutors and bar associations.
Excellent mentoring position for the right attorney. Are you hardworking and aggressive? Visit our website: www.njlaws.com to learn about our office.
The following is included with office use:
1. Desk space on our 2nd floor
2. Use of 2nd floor conference table for meetings or
depositions by appointment
3. Use of our audio tape and video library.
4. Use of the front room reception area
5. Ability to put a file cabinet in basement to store your
old file
6. Lighting/ Utilities
7. Bathroom Supplies
8. Landscaping / Snow Removal
9. Cleaning of Common Area
10. Hot water, municipal water/sewer charge paid
Call KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Welcoming to Edison, NJ
Kim's Kafe
Breakfast, Lunch, and Lottery
2045 Woodbridge Avenue
Edison, NJ 08817
(732) 253-0975
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
NJ Laws Newsletter E283 - 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
_______________
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
NJ Laws News E283
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
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 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
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