NJ Laws Email Newsletter E338
Kenneth Vercammen, Attorney at Law
June 2, 2010
In This Issue:
1. Error by Police Dispatcher Requires Suppression.
2. Welcome, Summer Law Students
3. Next Community Events
4. If You Are Injured in a Slip and Fall Accident, We Can Help.
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Office Phone Number:
(732) 572-0500
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1. Error by Police Dispatcher Requires Suppression. State v Handy 412 NJ Super.
492 (App. Div. 2010)
This appeal required the Court to determine whether evidence found during the search
incident to defendant's arrest should have been suppressed because the dispatcher
who incorrectly informed the arresting officer that there was an outstanding arrest
warrant acted unreasonably under the circumstances, even though the conduct of the
arresting officer himself was reasonable.
The warrant at issue, which was ten years old at the time, had the same birth month,
but a different birth day and year. The first name on the warrant was a variant
spelling of defendant's first name. The court concluded that suppression is required
and, consequently, reversed the conviction based on NJ Constitution.
On YouTube: http://www.youtube.com/watch?v=bPhYIH991Oo [http://r20.rs6.net/tn.jsp?t=ho4zkvdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DbPhYIH991Oo&id=preview]
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2. Welcome Summer Law Students:
Kenneth Vercammen and Associates welcomes the following summer law students who
are workings on Public Defender matters, community seminars, and are updating the
Public Defender's Criminal Article Blog:
Dipti K. Jagtap
Ms. Jagtap received her Bachelor's Degree from Rutgers University and just completed
her 1st Year at New York Law School. She previously externed at the Hudson County
Prosecutor's Office. Ms. Jagtap speaks fluently in Hindi.
J. Edmund Bryak
Mr. Bryak is a former Infantry Rifleman for the United States Army who served two
tours in Iraq. He received his Bachelor's Degree from Eureka College and just completed
his 1st year at Temple University Beasley School of Law.
Jay Patel
Mr. Patel received his Bachelor's Degree from Rutgers' University, where he also
served also as a Rutgers' University Community Service Officer. He just completed
his 1st year at Seton Hall Law School. Mr. Patel speaks fluently in Gujrati.
Louis Incatasciato
Mr. Incatasciato received his Bachelor's Degree from Rutgers' University. He just
completed his 1st year at Brooklyn Law School, where he previously participated
in the Civil Legal Advice and Resource Office (CLARO) project
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3. Next Community Events:
"Pre-Father's Day 5k"
To Benefit PBA Local 57
(Ocean Township and Allenhurst)
5 K RACE, 5K FITNESS WALK, KID's RACES
Saturday - June 12, 2010
Ocean Township, NJ [Monmouth County, near Deal]
TIME: 5 K Run and 5K Walk - 9:00 AM, AM Kids' Races - 10:15 AM
ENTRY FEE: $20.00 after June 1
AWARDS: Top Overall M/F, plus 10 Year Age Groups (no duplicates)
"Top Cop" (1st M/F Law Enforcement Officer), Largest Family, top Father/Son & Father/Daughter
teams
Great T-shirts, Random Prize Drawings, Post Race Barbecue!
register online at jerseyrunner.com [http://r20.rs6.net/tn.jsp?t=ho4zkvdab.0.0.be4bcacab.0&p=http%3A%2F%2Fjerseyrunner.com%2F&id=preview]
Mike W. is race director
...then off to the NEW JERSEY SEAFOOD FESTIVAL IN BELMAR
Ocean Ave. at 5th Ave.
Belmar, NJ 07719
732-681-3700
Website: http://belmar.com/tourism/ [http://r20.rs6.net/tn.jsp?t=ho4zkvdab.0.0.be4bcacab.0&p=http%3A%2F%2Fbelmar.com%2Ftourism%2F&id=preview]
New Jerseys largest seafood festival. Featuring food vendors, crafters, live entertainment
and so much more.
Holme rocks The Belmar Seafood festival Sat June 12th 2pm - 4:30 pm
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4. If You Are In A Slip & Fall Accident, We Can Help
Next to car accidents, the most common type of accident is a slip and fall. If you
are hurt in a slip and fall accident, you have rights, including the right to compensation
for your injuries. You may have this right even if you are partly at fault for the
accident.
If you are injured in a slip and fall accident, please call us. We have helped many
victims of slip and fall accidents recover the maximum compensation for their injuries
and losses, and we can help you. Call promptly, as the time right after the accident
can be vital to your claim.
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Editor's Note and Disclaimer:
All materials Copyright 2010. 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 [http://r20.rs6.net/tn.jsp?t=ho4zkvdab.0.0.be4bcacab.0&p=http%3A%2F%2Frs6.net%2Ftn.jsp%3Ft%3D9qkutlcab.0.0.be4bcacab.0%26ts%3DS0332%26p%3Dhttp%253A%252F%252Fnjlaws.com%252F%26id%3Dpreview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court
Facebook: http://www.facebook.com/kenneth.vercammen?ref=name [http://r20.rs6.net/tn.jsp?t=ho4zkvdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.facebook.com%2Fkenneth.vercammen%3Fref%3Dname&id=preview]
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=ho4zkvdab.0.0.be4bcacab.0&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview]
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=ho4zkvdab.0.0.be4bcacab.0&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview]
NJ Elder Law Blog - http://elder-law.blogspot.com/YouTube Videos on Various Legal
Topics: http://www.youtube.com/user/kvercammen [http://r20.rs6.net/tn.jsp?t=ho4zkvdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fuser%2Fkvercammen&id=preview]
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"This year Celebrating 25 years of providing excellent service to clients 1985-2010"
Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients.
Please come into the office.
Tuesday, June 01, 2010
Tuesday, May 11, 2010
NJ Laws Email Newsletter E335
NJ Laws Email Newsletter E335
Kenneth Vercammen, Attorney at Law
May 12, 2010
=======================================================================
In This Issue:
Recent Cases
1. No Specific Words Required for Miranda Warnings.
2. OPRA Limits Copy Fees to Actual Costs.
3. Next Community Events
4. If You Are Hurt In an Accident, We Can Help.
Office Phone Number:
(732) 572-0500
Greetings,
RECENT CASES:
1. No Specific Words Required for Miranda Warnings. Florida v. Powell 175 L.Ed 1009 __ S. Ct. ___ (Dec. 7, 2009)
In a state prosecution for possession of a weapon by a convicted felon, a reversal of defendant's conviction on Miranda grounds is reversed where the police satisfied Miranda's requirements by informing defendant that he had "the right to talk to a lawyer before answering any of their questions," and that he had "the right to use any of his rights at any time he wanted during the interview.
Advice that a suspect has "the right to talk to a lawyer before answering any of [the law enforcement officers'] questions," and that he can invoke this right "at any time . . . during the interview," satisfies Miranda.
2. OPRA Limits Copy Fees to Actual Costs. Smith v. Hudson County __ NJ Super __ (A-1762-08T2 App. Div. February 10, 2010)
Judge Sabatino wrote: "We must bear in mind the public policies underlying the OPRA statute as a whole. The purpose of OPRA is "'to maximize public knowledge about public affairs in order to ensure an informed citizenry and to minimize the evils inherent in a secluded process.'" Mason v. City of Hoboken, 196 N.J. 51, 64 (2008)(quoting Asbury Park Press v. Ocean County Prosecutor's Office, 374 N.J Super. 312, 329 (Law Div. 2004)). Toward that end, the Legislature declared in OPRA, as "the public policy of this State," that "government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest . . . [.]" N.J.S.A. 47:1A-1(emphasis added). "[Any limitations on the right of access accorded by [the former
RKL][,] as amended and supplemented, shall be construed in favor of the public's right of access." Ibid. These broad legislative findings in favor of "readily accessible" government records have been repeatedly recognized and applied in case law under OPRA. See, e.g., Burnett v. County of Bergen, 198 N.J. 408, 421-22 (2009); Mason, supra, 196 N.J. at 64-65; Times of Trenton Publ'g Corp. v. Lafayette Yard Cmty. Dev. Corp., 183 N.J. 519, 535 (2005); MAG Entm't LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534, 544 (App. Div. 2005).
These public policies in OPRA favoring reasonable citizen access to government records have long been part of our State's history and tradition. For example, in Moore, supra, 39 N.J. at 30, the Supreme Court acknowledged the "vital importance" of a citizen's right to inspect certain records maintained by the government. Slip op p 28- 29"
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3. Next Community Events:
May 15, 2010
CASA Kids 5K Run 9am Princeton Pike Corporate Center
1009 Lenox Drive Lawrenceville, NJ 08648
When you register, write down under the team category- "RVRR."
May 16, 2010
Jersey Shore Kick Off Sprint Triathlon Men [http://r20.rs6.net/tn.jsp?t=cwmwptdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.trifind.com%2Fre_10954%2FJerseyShoreKickOffSprintTriathlonWeekendMen.html&id=preview]
Only Berkeley Island County Park, Bayville (Exit 77 GSP) 6:50am [paid]
Thursday,May 20, 2010
Major Criminal and Traffic Cases Affecting Municipal Court
Borgata Hotel Casino & Spa, Atlantic City
Municipal Court Practice Section 8 - 9:30 a.m.
Up-to-the minute information on the newest cases and procedures affecting New Jersey
municipal court practice.
Speakers:
Hon. Roy McGeady,
PJMC Chair, Presiding Municipal Court Judges Conference
Kenneth Vercammen, Esq.
Past Chair, NJSBA Municipal Court Section, Edison, NJ
Past Municipal Court Attorney of the Year
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year
CD with forms and Materials provided to all attendees!
NJ State Bar Association Annual Meeting and Convention
May 19 - 21, 2010
For Registration information, call the Meetings Department at 732-249-5000. NJSBA,
New Jersey Law Center, One Constitution Square, New Brunswick, NJ 08901-1520.
May 23, 2010
Highland Park 5k 9am
May 27, 2010 12-12:30PM
Avenel Wills and Power of Attorney Seminar
Golden Circle of Avenel
Held at St. Andrews, 244 Avenel St. Avenel, NJ 07001
Speaker: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
For additional information and registration, call Dolores 732-750-2822
Free Program
COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate",
Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
May 28, 2010
Legends of Belmar Night- . Join Ken V and friends the Friday night before Spring
Lake 5 race for "Legends Night" in Belmar at D'Jays, Bar A & Columns
June 27
Brendan Vercammen Graduation Party
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. 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.
Kenneth Vercammen, Attorney at Law
May 12, 2010
=======================================================================
In This Issue:
Recent Cases
1. No Specific Words Required for Miranda Warnings.
2. OPRA Limits Copy Fees to Actual Costs.
3. Next Community Events
4. If You Are Hurt In an Accident, We Can Help.
Office Phone Number:
(732) 572-0500
Greetings,
RECENT CASES:
1. No Specific Words Required for Miranda Warnings. Florida v. Powell 175 L.Ed 1009 __ S. Ct. ___ (Dec. 7, 2009)
In a state prosecution for possession of a weapon by a convicted felon, a reversal of defendant's conviction on Miranda grounds is reversed where the police satisfied Miranda's requirements by informing defendant that he had "the right to talk to a lawyer before answering any of their questions," and that he had "the right to use any of his rights at any time he wanted during the interview.
Advice that a suspect has "the right to talk to a lawyer before answering any of [the law enforcement officers'] questions," and that he can invoke this right "at any time . . . during the interview," satisfies Miranda.
2. OPRA Limits Copy Fees to Actual Costs. Smith v. Hudson County __ NJ Super __ (A-1762-08T2 App. Div. February 10, 2010)
Judge Sabatino wrote: "We must bear in mind the public policies underlying the OPRA statute as a whole. The purpose of OPRA is "'to maximize public knowledge about public affairs in order to ensure an informed citizenry and to minimize the evils inherent in a secluded process.'" Mason v. City of Hoboken, 196 N.J. 51, 64 (2008)(quoting Asbury Park Press v. Ocean County Prosecutor's Office, 374 N.J Super. 312, 329 (Law Div. 2004)). Toward that end, the Legislature declared in OPRA, as "the public policy of this State," that "government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest . . . [.]" N.J.S.A. 47:1A-1(emphasis added). "[Any limitations on the right of access accorded by [the former
RKL][,] as amended and supplemented, shall be construed in favor of the public's right of access." Ibid. These broad legislative findings in favor of "readily accessible" government records have been repeatedly recognized and applied in case law under OPRA. See, e.g., Burnett v. County of Bergen, 198 N.J. 408, 421-22 (2009); Mason, supra, 196 N.J. at 64-65; Times of Trenton Publ'g Corp. v. Lafayette Yard Cmty. Dev. Corp., 183 N.J. 519, 535 (2005); MAG Entm't LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534, 544 (App. Div. 2005).
These public policies in OPRA favoring reasonable citizen access to government records have long been part of our State's history and tradition. For example, in Moore, supra, 39 N.J. at 30, the Supreme Court acknowledged the "vital importance" of a citizen's right to inspect certain records maintained by the government. Slip op p 28- 29"
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Next Community Events:
May 15, 2010
CASA Kids 5K Run 9am Princeton Pike Corporate Center
1009 Lenox Drive Lawrenceville, NJ 08648
When you register, write down under the team category- "RVRR."
May 16, 2010
Jersey Shore Kick Off Sprint Triathlon Men [http://r20.rs6.net/tn.jsp?t=cwmwptdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.trifind.com%2Fre_10954%2FJerseyShoreKickOffSprintTriathlonWeekendMen.html&id=preview]
Only Berkeley Island County Park, Bayville (Exit 77 GSP) 6:50am [paid]
Thursday,May 20, 2010
Major Criminal and Traffic Cases Affecting Municipal Court
Borgata Hotel Casino & Spa, Atlantic City
Municipal Court Practice Section 8 - 9:30 a.m.
Up-to-the minute information on the newest cases and procedures affecting New Jersey
municipal court practice.
Speakers:
Hon. Roy McGeady,
PJMC Chair, Presiding Municipal Court Judges Conference
Kenneth Vercammen, Esq.
Past Chair, NJSBA Municipal Court Section, Edison, NJ
Past Municipal Court Attorney of the Year
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year
CD with forms and Materials provided to all attendees!
NJ State Bar Association Annual Meeting and Convention
May 19 - 21, 2010
For Registration information, call the Meetings Department at 732-249-5000. NJSBA,
New Jersey Law Center, One Constitution Square, New Brunswick, NJ 08901-1520.
May 23, 2010
Highland Park 5k 9am
May 27, 2010 12-12:30PM
Avenel Wills and Power of Attorney Seminar
Golden Circle of Avenel
Held at St. Andrews, 244 Avenel St. Avenel, NJ 07001
Speaker: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
For additional information and registration, call Dolores 732-750-2822
Free Program
COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate",
Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
May 28, 2010
Legends of Belmar Night- . Join Ken V and friends the Friday night before Spring
Lake 5 race for "Legends Night" in Belmar at D'Jays, Bar A & Columns
June 27
Brendan Vercammen Graduation Party
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. 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.
Monday, May 03, 2010
NJ Laws Email Newsletter E334
NJ Laws Email Newsletter E334
Kenneth Vercammen, Attorney at Law
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May 5, 2010
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In This Issue:
1. Graduated Driver License (GDL) Changes
2. Flight from police does not always justify admission of evidence
3. Removing an Executor of an Estate
4. Next Fun Upcoming Running Races 2010 Selected by Kenneth Vercammen
5. South Brunswick Boys Claim GMC Relay Championship.
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Office Phone Number:
(732) 572-0500
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1. Graduated Driver License (GDL) Changes
Pursuant to the provisions of P.L. 2009, c.37, known as "Kyleigh's Law," effective
May 1, 2010 all drivers under age 21, who are subject to the requirements of New Jersey's Graduated Driver License (GDL), which includes those drivers possessing
a special learners permit, examination permit or probationary (formerly provisional)
license, must display a reflectorized decal on each license plate (front/back) of
any motor vehicle they operate.
Details of these mandatory decals are as follows:
· Each 1 1/2 inch by 1 inch, reflectorized decal is red in color and made with removable,3M Dual Locktm material.
· One decal must be displayed on the upper left corner of the front license plate
and one on the upper left corner of the rear license plate.
· Failure to display the decals during operation of a vehicle by a learner's permit,
an examination permit or probationary license holder, who is subject to the GDL
requirements, is a violation subject to a $100 fine. See N.J.S.A. 39:3-13.8.
Graduated Driver License restrictions
In addition to the decal requirement, effective May 1, 2010 New Jersey GDL drivers
will also be subject to the following restrictions:
· May not operate a motor vehicle after 11:01 p.m. and before 5:00 a.m.
· May not use a hand-held or hands-free interactive, wireless communication device.
· Unless over age 21, GDL drivers may only drive with the following passengers
Special Permit Holders: Supervising driver who is over 21 and licensed to drive
for at least three (3) years -Parent(s), guardian(s) or dependent(s) -One additional
passenger unless accompanied by a parent or guardian.
Examination Permit Holders: Supervising driver who is over 21 and licensed to drive
for at least three (3) years -Parent(s), guardian(s) or dependent(s) -One additional
passenger unless accompanied by a parent or guardian
Probationary (formerly Provisional) License Holder Parent(s), guardian(s) or dependent(s)
-One additional passenger unless accompanied by a parent or guardian.
Failure to abide by any GDL restriction during operation of a vehicle by a learner's
permit, an examination permit or probationary license holder, who is subject to
the GDL requirements, is a violation subject to a $100 fine. See N.J.S.A. 39:3-13.8
Source: NJ Police Chief Magazine. Kenneth Vercammen is a contributing writer to
the NJ Police Chief Magazine
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2. Flight From Police Does Not Always Justify Admission of Evidence. State v Williams 410 NJ Super. 549 (App. Div. 2009)
Flight from an unconstitutional investigatory stop that could justify an arrest
for obstruction does not automatically justify admission of evidence revealed during
that flight. For such evidence to be admissible, there must be a "significant attenuation" between the unconstitutional stop and seizure of evidence.
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3. Removing an Executor of an Estate
Under New Jersey Law, the people selected as an executor of a Will have numerous
legal responsibilities following the death of the person who signed the Will. Primarily,they have a duty to probate the Will, liquidate assets, pay bills and taxes, file all necessary court and tax returns, and then distribute the assets to beneficiaries.
If there is no will, someone can petition the surrogate to be appointed as "administrator" of the estate.
In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, the Executor occasionally fails to timely carry out their duties. They may fail to file tax returns, fail to keep records, misappropriate funds or ignore instructions under the Will. If you are not satisfied with the handling of the estate, you can have an attorney file a Complaint in the Superior Court.
The New Probate Statute of NJ revised various sections of the New Jersey law on
Wills and estates. The law makes a number of substantial changes to the provisions
governing the administration of estates and trusts in New Jersey.
Duty of Executor in Probate & Estate Administration
1. Conduct a thorough search of the decedent's personal papers and effects for any
evidence which might point you in the direction of a potential creditor;
2. Carefully examine the decedent's checkbook and check register for recurring payments,as these may indicate an existing debt;
3. Contact the issuer of each credit card that the decedent had in his/her possession
at the time of his/ her death;
4. Contact all parties who provided medical care, treatment, or assistance to the
decedent prior to his/her death;
Your attorney will not be able to file the NJ inheritance tax return until it is clear as to the amounts of the medical bills and other expenses. Medical expenses
can be deducted in the inheritance tax.
Under United States Supreme Court Case, Tulsa Professional Collection Services,
Inc., v. Joanne Pope, Executrix of the Estate of H. Everett Pope, Jr., Deceased,
the Personal Representative in every estate is personally responsible to provide
actual notice to all known or "readily ascertainable" creditors of the decedent.
This means that is your responsibility to diligently search for any "readily ascertainable" creditors.
Other duties/ Executor to Do
Bring Will to Surrogate
Apply to Federal Tax ID #
Set up Estate Account at bank (pay all bills from estate account)
Pay Bills
Notice of Probate to Beneficiaries (Attorney can handle)
If charity, notice to Attorney General (Attorney can handle)
File notice of Probate with Surrogate (Attorney can handle)
File first Federal and State Income Tax Return [CPA- ex Marc Kane]
Prepare Inheritance Tax Return and obtain Tax Waivers (Attorney can handle)
File waivers within 8 months upon receipt (Attorney can handle)
Prepare Informal Accounting
Prepare Release and Refunding Bond (Attorney can handle)
Obtain Child Support Judgment clearance (Attorney will handle)
Let's review the major duties involved-
In General. The executor's job is to (1) administer the estate--i.e., collect and
manage assets, file tax returns and pay taxes and debts--and (2) distribute any
assets or make any distributions of bequests, whether personal or charitable in
nature, as the deceased directed (under the provisions of the Will). Let's take
a look at some of the specific steps involved and what these responsibilities can
mean. Chronological order of the various duties may vary.
Probate. The executor must "probate" the Will. Probate is a process by which a Will
is admitted. This means that the Will is given legal effect by the court. The court's
decision that the Will was validly executed under state law gives the executor the
power to perform his or her duties under the provisions of the Will.
Under increasingly complex laws and rulings, particularly with respect to taxes,
in larger estates an executor can be in charge for two or three years before the
estate administration is completed. If the job is to be done without unnecessary
cost and without causing undue hardship and delay for the beneficiaries of the
estate, the executor should have an understanding of the many problems involved
and an organization created for settling estates. In short, an executor should have
experience.
At some point in time, you may be asked to serve as the executor of the estate of
a relative or friend, or you may ask someone to serve as your executor. An executor's
job comes with many legal obligations. Under certain circumstances, an executor
can even be held personally liable for unpaid estate taxes. Let's review the major
duties involved, which we've set out below.
In General. The executor's job is to (1) administer the estate--i.e., collect and
manage assets, file tax returns and pay taxes and debts--and (2) distribute any
assets or make any distributions of bequests, whether personal or charitable in
nature, as the deceased directed (under the provisions of the Will). Let's take
a look at some of the specific steps involved and what these responsibilities can
mean. Chronological order of the various duties may vary.
COMPLAINT FOR ACCOUNTING
A Complaint for Accounting is filed with the Probate Part to request on accounting,
removal of the current executor and selection of a new person to administer and
wrap up the estate.
A signed certification of one or more beneficiaries is needed. In addition, an Order
to Show Cause is prepared by your attorney. The Order to Show Cause is to be signed
by the Judge directing the executor, through their attorney, to file a written answer
to the complaint, as well as appear before the court at a specific date and time.
As with a litigated court matter, trials can become expensive. Competent elder law/probate attorney may charge an hourly rate of $2755-$350 per hour, with a retainer of $3000 needed. Attorneys will require the retainer to be paid in full up front.
The plaintiff can demand the following:
(1) That the named executor be ordered to provide an accounting of the estate to
plaintiff.
(2) Defendant can be ordered to provide an accounting for all assets Defendant dated
five years prior to death.
(3) Payment of plaintiff's attorney's fees and costs of suit for the within action.
(4) Declaring a constructive trust of the assets of the decedent for the benefit
of the plaintiff and the estate.
(5) That the executor is removed as the executor/administrator of the estate and
that Plaintiff is named as administrator of the estate.
(6) That the executor be barred from spending any estate funds, be barred from paying
any bills, be barred from taking a commission, be barred from writing checks, be
barred from acting on behalf of the estate, except as specifically authorized by
Superior Court Order or written consent by the plaintiff.
EXECUTOR'S COMMISSIONS
Executors are entitled to receive a commission to compensate them for work performed.
Under NJSA 3B:18-1 et seq., Executors, administrators and other fiduciaries are entitled to receive a commission on both the principal of the estate, and the income
earned by assets.
However, if you have evidence that the executor has breached their fiduciary duties
or violated a law, your Superior Court accounting complaint can request that the
commissions be reduced or eliminated.
COMPEL SALE OF REAL ESTATE AND OTHER PROPERTY
Occasionally, a family member is living in a home owned by the decedent. To keep
family harmony, often this family member is permitted to remain in the home temporarily.
However, it may later become clear that the resident has no desire on moving, and
the executor has neither an intention to make them move nor to sell the house. The
remedy a beneficiary has can be to have your attorney include in the Superior Court
complaint a count to:
1) Remove the executor
2) Remove the tenant and make them pay rent to the estate for the time they used
the real property since death without paying rent
3) Compel the appraisal of the home and, thereafter, the sale of the property
4) Make the executor reimburse the estate for the neglect or waste of assets.
CONCLUSION
As a beneficiary, you will probably eventually be requested to sign a release and
refunding bond. If you have evidence of misappropriation, you may consider asking
the executor for an informal accounting prior to signing the release and refunding
bond. If you have a concern regarding the handling of an estate, schedule an appointment to consult an elder law attorney.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Next Fun Upcoming Running Races 2010 Selected by Kenneth Vercammen
If you are attending any of these races, please call or email Ken V. Often we car
pool or meet at these events. If you can't run, you can volunteer, or walk the course.
May 9, 2010
Lawrenceville Big Red 5k 10:15
May 15, 2010
CASA Kids 5K Run 9am Princeton Pike Corporate Center 1009 Lenox Drive Lawrenceville,
NJ 08648. When you register, write down under the team category- "RVRR."
May 16, 2010
Jersey Shore Kick Off Sprint Triathlon Men [http://r20.rs6.net/tn.jsp?t=9jzhvsdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.trifind.com%2Fre_10954%2FJerseyShoreKickOffSprintTriathlonWeekendMen.html&id=preview]
only Berkeley Island County Park, Bayville (Exit 77 GSP) 6:50am [paid]
May 20, 2010 Bill Scholl Boat ride- not a race.
May 22, 2010
Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ Free beer includes
great hash, multiple beer checks, lunch (pig-roast), music. Bag vehicle provided.
Bring dry shoes and a change of clothes. Dinner and Dance Party later with live
music, lots of ethnic foods and lots of beer. Prepare a skit of your own or be
amazed by the talents of fellow hashers:
http://sites.google.com/site/comotionbytheoceanrumsonh3 [http://r20.rs6.net/tn.jsp?t=9jzhvsdab.0.0.be4bcacab.0&p=http%3A%2F%2Fsites.google.com%2Fsite%2Fcomotionbytheoceanrumsonh3&id=preview]
May 23, 2010
Highland Park 5k 9am
May 28. 2010
Legends of Belmar Night - Join Ken V and friends the Friday night before Spring
Lake 5 race for "Legends Night" in Belmar at D'Jays, Bar A & Columns
May 29, 2010 Spring Lake 5 mile
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. South Brunswick boys claim GMC Relays championship [http://r20.rs6.net/tn.jsp?t=9jzhvsdab.0.0.be4bcacab.0&p=http%3A%2F%2Fvercammensport.blogspot.com%2F2010%2F04%2Fsouth-brunswick-boys-claim-gmc-relays.html&id=preview]
By JERRY CARINO · Home News Tribune April 28, 2010
SOUTH BRUNSWICK - It's easy to forget that there's a "field" in track and field,
but the South Brunswick High School boys reminded the rest of the Greater Middlesex
Conference on Wednesday.
The Vikings dominated the throws and jumps to upset perennial favorite Old Bridge
in the GMC Relays. Victories in the triple jump, high jump, discus and javelin buoyed
the Vikings to 102 points and their first county relays crown since 2005. Old Bridge,
which had won this meet four years running, finished with 97 1/2 points after a
strong showing on the track.
"I know we're a deep team, and obviously beating Old Bridge is the benchmark," South
Brunswick coach Wilfredo Rivera said. "It's nice, especially because I always look
at relay meets like it's the complete team."
Brendan Vercammen, David Krier and Cody Stephans got the ball rolling on Tuesday,
winning the javelin with a combined distance of 433 feet, 6 inches during Day 1
of the competition. South Brunswick's discus and shot put trios followed suit, placing first in the former (401-5) and second in the latter (135-7) on Wednesday.
"The javelin was huge," said junior Dominic Padovano, who posted marks of 152 feet
in the discus and 48 feet in the shot. "The three guys who throw discus and shot,
we watched the javelin and that kind of pushed us. We knew we had to perform well."
All told, South Brunswick scored 28 of a possible 30 points in the throws.
"I think we stepped up to the challenge," Padovano said. "We didn't let the team
down.
http://www.mycentraljersey.com/article/20100428/SPORTS0701/4280349/1132/SPORTS07
[http://r20.rs6.net/tn.jsp?t=9jzhvsdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.mycentraljersey.com%2Farticle%2F20100428%2FSPORTS0701%2F4280349%2F1132%2FSPORTS07&id=preview]
Brendan Vercammen- County Champ in 3 sports:
Soccer
Wrestling
Track - Javelin Relay and Team Champions
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May 5, 2010
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In This Issue:
1. Graduated Driver License (GDL) Changes
2. Flight from police does not always justify admission of evidence
3. Removing an Executor of an Estate
4. Next Fun Upcoming Running Races 2010 Selected by Kenneth Vercammen
5. South Brunswick Boys Claim GMC Relay Championship.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Office Phone Number:
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. Graduated Driver License (GDL) Changes
Pursuant to the provisions of P.L. 2009, c.37, known as "Kyleigh's Law," effective
May 1, 2010 all drivers under age 21, who are subject to the requirements of New Jersey's Graduated Driver License (GDL), which includes those drivers possessing
a special learners permit, examination permit or probationary (formerly provisional)
license, must display a reflectorized decal on each license plate (front/back) of
any motor vehicle they operate.
Details of these mandatory decals are as follows:
· Each 1 1/2 inch by 1 inch, reflectorized decal is red in color and made with removable,3M Dual Locktm material.
· One decal must be displayed on the upper left corner of the front license plate
and one on the upper left corner of the rear license plate.
· Failure to display the decals during operation of a vehicle by a learner's permit,
an examination permit or probationary license holder, who is subject to the GDL
requirements, is a violation subject to a $100 fine. See N.J.S.A. 39:3-13.8.
Graduated Driver License restrictions
In addition to the decal requirement, effective May 1, 2010 New Jersey GDL drivers
will also be subject to the following restrictions:
· May not operate a motor vehicle after 11:01 p.m. and before 5:00 a.m.
· May not use a hand-held or hands-free interactive, wireless communication device.
· Unless over age 21, GDL drivers may only drive with the following passengers
Special Permit Holders: Supervising driver who is over 21 and licensed to drive
for at least three (3) years -Parent(s), guardian(s) or dependent(s) -One additional
passenger unless accompanied by a parent or guardian.
Examination Permit Holders: Supervising driver who is over 21 and licensed to drive
for at least three (3) years -Parent(s), guardian(s) or dependent(s) -One additional
passenger unless accompanied by a parent or guardian
Probationary (formerly Provisional) License Holder Parent(s), guardian(s) or dependent(s)
-One additional passenger unless accompanied by a parent or guardian.
Failure to abide by any GDL restriction during operation of a vehicle by a learner's
permit, an examination permit or probationary license holder, who is subject to
the GDL requirements, is a violation subject to a $100 fine. See N.J.S.A. 39:3-13.8
Source: NJ Police Chief Magazine. Kenneth Vercammen is a contributing writer to
the NJ Police Chief Magazine
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Flight From Police Does Not Always Justify Admission of Evidence. State v Williams 410 NJ Super. 549 (App. Div. 2009)
Flight from an unconstitutional investigatory stop that could justify an arrest
for obstruction does not automatically justify admission of evidence revealed during
that flight. For such evidence to be admissible, there must be a "significant attenuation" between the unconstitutional stop and seizure of evidence.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Removing an Executor of an Estate
Under New Jersey Law, the people selected as an executor of a Will have numerous
legal responsibilities following the death of the person who signed the Will. Primarily,they have a duty to probate the Will, liquidate assets, pay bills and taxes, file all necessary court and tax returns, and then distribute the assets to beneficiaries.
If there is no will, someone can petition the surrogate to be appointed as "administrator" of the estate.
In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, the Executor occasionally fails to timely carry out their duties. They may fail to file tax returns, fail to keep records, misappropriate funds or ignore instructions under the Will. If you are not satisfied with the handling of the estate, you can have an attorney file a Complaint in the Superior Court.
The New Probate Statute of NJ revised various sections of the New Jersey law on
Wills and estates. The law makes a number of substantial changes to the provisions
governing the administration of estates and trusts in New Jersey.
Duty of Executor in Probate & Estate Administration
1. Conduct a thorough search of the decedent's personal papers and effects for any
evidence which might point you in the direction of a potential creditor;
2. Carefully examine the decedent's checkbook and check register for recurring payments,as these may indicate an existing debt;
3. Contact the issuer of each credit card that the decedent had in his/her possession
at the time of his/ her death;
4. Contact all parties who provided medical care, treatment, or assistance to the
decedent prior to his/her death;
Your attorney will not be able to file the NJ inheritance tax return until it is clear as to the amounts of the medical bills and other expenses. Medical expenses
can be deducted in the inheritance tax.
Under United States Supreme Court Case, Tulsa Professional Collection Services,
Inc., v. Joanne Pope, Executrix of the Estate of H. Everett Pope, Jr., Deceased,
the Personal Representative in every estate is personally responsible to provide
actual notice to all known or "readily ascertainable" creditors of the decedent.
This means that is your responsibility to diligently search for any "readily ascertainable" creditors.
Other duties/ Executor to Do
Bring Will to Surrogate
Apply to Federal Tax ID #
Set up Estate Account at bank (pay all bills from estate account)
Pay Bills
Notice of Probate to Beneficiaries (Attorney can handle)
If charity, notice to Attorney General (Attorney can handle)
File notice of Probate with Surrogate (Attorney can handle)
File first Federal and State Income Tax Return [CPA- ex Marc Kane]
Prepare Inheritance Tax Return and obtain Tax Waivers (Attorney can handle)
File waivers within 8 months upon receipt (Attorney can handle)
Prepare Informal Accounting
Prepare Release and Refunding Bond (Attorney can handle)
Obtain Child Support Judgment clearance (Attorney will handle)
Let's review the major duties involved-
In General. The executor's job is to (1) administer the estate--i.e., collect and
manage assets, file tax returns and pay taxes and debts--and (2) distribute any
assets or make any distributions of bequests, whether personal or charitable in
nature, as the deceased directed (under the provisions of the Will). Let's take
a look at some of the specific steps involved and what these responsibilities can
mean. Chronological order of the various duties may vary.
Probate. The executor must "probate" the Will. Probate is a process by which a Will
is admitted. This means that the Will is given legal effect by the court. The court's
decision that the Will was validly executed under state law gives the executor the
power to perform his or her duties under the provisions of the Will.
Under increasingly complex laws and rulings, particularly with respect to taxes,
in larger estates an executor can be in charge for two or three years before the
estate administration is completed. If the job is to be done without unnecessary
cost and without causing undue hardship and delay for the beneficiaries of the
estate, the executor should have an understanding of the many problems involved
and an organization created for settling estates. In short, an executor should have
experience.
At some point in time, you may be asked to serve as the executor of the estate of
a relative or friend, or you may ask someone to serve as your executor. An executor's
job comes with many legal obligations. Under certain circumstances, an executor
can even be held personally liable for unpaid estate taxes. Let's review the major
duties involved, which we've set out below.
In General. The executor's job is to (1) administer the estate--i.e., collect and
manage assets, file tax returns and pay taxes and debts--and (2) distribute any
assets or make any distributions of bequests, whether personal or charitable in
nature, as the deceased directed (under the provisions of the Will). Let's take
a look at some of the specific steps involved and what these responsibilities can
mean. Chronological order of the various duties may vary.
COMPLAINT FOR ACCOUNTING
A Complaint for Accounting is filed with the Probate Part to request on accounting,
removal of the current executor and selection of a new person to administer and
wrap up the estate.
A signed certification of one or more beneficiaries is needed. In addition, an Order
to Show Cause is prepared by your attorney. The Order to Show Cause is to be signed
by the Judge directing the executor, through their attorney, to file a written answer
to the complaint, as well as appear before the court at a specific date and time.
As with a litigated court matter, trials can become expensive. Competent elder law/probate attorney may charge an hourly rate of $2755-$350 per hour, with a retainer of $3000 needed. Attorneys will require the retainer to be paid in full up front.
The plaintiff can demand the following:
(1) That the named executor be ordered to provide an accounting of the estate to
plaintiff.
(2) Defendant can be ordered to provide an accounting for all assets Defendant dated
five years prior to death.
(3) Payment of plaintiff's attorney's fees and costs of suit for the within action.
(4) Declaring a constructive trust of the assets of the decedent for the benefit
of the plaintiff and the estate.
(5) That the executor is removed as the executor/administrator of the estate and
that Plaintiff is named as administrator of the estate.
(6) That the executor be barred from spending any estate funds, be barred from paying
any bills, be barred from taking a commission, be barred from writing checks, be
barred from acting on behalf of the estate, except as specifically authorized by
Superior Court Order or written consent by the plaintiff.
EXECUTOR'S COMMISSIONS
Executors are entitled to receive a commission to compensate them for work performed.
Under NJSA 3B:18-1 et seq., Executors, administrators and other fiduciaries are entitled to receive a commission on both the principal of the estate, and the income
earned by assets.
However, if you have evidence that the executor has breached their fiduciary duties
or violated a law, your Superior Court accounting complaint can request that the
commissions be reduced or eliminated.
COMPEL SALE OF REAL ESTATE AND OTHER PROPERTY
Occasionally, a family member is living in a home owned by the decedent. To keep
family harmony, often this family member is permitted to remain in the home temporarily.
However, it may later become clear that the resident has no desire on moving, and
the executor has neither an intention to make them move nor to sell the house. The
remedy a beneficiary has can be to have your attorney include in the Superior Court
complaint a count to:
1) Remove the executor
2) Remove the tenant and make them pay rent to the estate for the time they used
the real property since death without paying rent
3) Compel the appraisal of the home and, thereafter, the sale of the property
4) Make the executor reimburse the estate for the neglect or waste of assets.
CONCLUSION
As a beneficiary, you will probably eventually be requested to sign a release and
refunding bond. If you have evidence of misappropriation, you may consider asking
the executor for an informal accounting prior to signing the release and refunding
bond. If you have a concern regarding the handling of an estate, schedule an appointment to consult an elder law attorney.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Next Fun Upcoming Running Races 2010 Selected by Kenneth Vercammen
If you are attending any of these races, please call or email Ken V. Often we car
pool or meet at these events. If you can't run, you can volunteer, or walk the course.
May 9, 2010
Lawrenceville Big Red 5k 10:15
May 15, 2010
CASA Kids 5K Run 9am Princeton Pike Corporate Center 1009 Lenox Drive Lawrenceville,
NJ 08648. When you register, write down under the team category- "RVRR."
May 16, 2010
Jersey Shore Kick Off Sprint Triathlon Men [http://r20.rs6.net/tn.jsp?t=9jzhvsdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.trifind.com%2Fre_10954%2FJerseyShoreKickOffSprintTriathlonWeekendMen.html&id=preview]
only Berkeley Island County Park, Bayville (Exit 77 GSP) 6:50am [paid]
May 20, 2010 Bill Scholl Boat ride- not a race.
May 22, 2010
Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ Free beer includes
great hash, multiple beer checks, lunch (pig-roast), music. Bag vehicle provided.
Bring dry shoes and a change of clothes. Dinner and Dance Party later with live
music, lots of ethnic foods and lots of beer. Prepare a skit of your own or be
amazed by the talents of fellow hashers:
http://sites.google.com/site/comotionbytheoceanrumsonh3 [http://r20.rs6.net/tn.jsp?t=9jzhvsdab.0.0.be4bcacab.0&p=http%3A%2F%2Fsites.google.com%2Fsite%2Fcomotionbytheoceanrumsonh3&id=preview]
May 23, 2010
Highland Park 5k 9am
May 28. 2010
Legends of Belmar Night - Join Ken V and friends the Friday night before Spring
Lake 5 race for "Legends Night" in Belmar at D'Jays, Bar A & Columns
May 29, 2010 Spring Lake 5 mile
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. South Brunswick boys claim GMC Relays championship [http://r20.rs6.net/tn.jsp?t=9jzhvsdab.0.0.be4bcacab.0&p=http%3A%2F%2Fvercammensport.blogspot.com%2F2010%2F04%2Fsouth-brunswick-boys-claim-gmc-relays.html&id=preview]
By JERRY CARINO · Home News Tribune April 28, 2010
SOUTH BRUNSWICK - It's easy to forget that there's a "field" in track and field,
but the South Brunswick High School boys reminded the rest of the Greater Middlesex
Conference on Wednesday.
The Vikings dominated the throws and jumps to upset perennial favorite Old Bridge
in the GMC Relays. Victories in the triple jump, high jump, discus and javelin buoyed
the Vikings to 102 points and their first county relays crown since 2005. Old Bridge,
which had won this meet four years running, finished with 97 1/2 points after a
strong showing on the track.
"I know we're a deep team, and obviously beating Old Bridge is the benchmark," South
Brunswick coach Wilfredo Rivera said. "It's nice, especially because I always look
at relay meets like it's the complete team."
Brendan Vercammen, David Krier and Cody Stephans got the ball rolling on Tuesday,
winning the javelin with a combined distance of 433 feet, 6 inches during Day 1
of the competition. South Brunswick's discus and shot put trios followed suit, placing first in the former (401-5) and second in the latter (135-7) on Wednesday.
"The javelin was huge," said junior Dominic Padovano, who posted marks of 152 feet
in the discus and 48 feet in the shot. "The three guys who throw discus and shot,
we watched the javelin and that kind of pushed us. We knew we had to perform well."
All told, South Brunswick scored 28 of a possible 30 points in the throws.
"I think we stepped up to the challenge," Padovano said. "We didn't let the team
down.
http://www.mycentraljersey.com/article/20100428/SPORTS0701/4280349/1132/SPORTS07
[http://r20.rs6.net/tn.jsp?t=9jzhvsdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.mycentraljersey.com%2Farticle%2F20100428%2FSPORTS0701%2F4280349%2F1132%2FSPORTS07&id=preview]
Brendan Vercammen- County Champ in 3 sports:
Soccer
Wrestling
Track - Javelin Relay and Team Champions
Wednesday, April 28, 2010
NJ Laws Email Newsletter E331
NJ Laws Email Newsletter E331
Kenneth Vercammen, Attorney at Law
March 31, 2010
In This Issue:
RECENT CASES:
1. PRIOR REFUSAL COUNTS FOR 3RD DWI.
2. New Trial Ordered Where Judge Conducted Questioning of Defense Expert.
3. WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR
4. FROM THE STAR LEDGER....NJ WRESTLING: MIDDLESEX COUNTY SEASON IN REVIEW.
(732) 572-0500
1. Prior Refusal Counts for 3rd DWI. State v Ciancaglini 411 NJ Super. 280 (App.
Div. 2010)
In this appeal from a DWI conviction, after prior separate DWI and refusal convictions,
this Appellate panel disagrees with the holding of State v.DiSomma 262 N.J. Super.
375 (App. Div. 1993), and hold that the prior refusal conviction does count toward
making this a third offense. The court feels this holding is consistent with a line
of cases both before and after DiSomma concluding that a prior DWI conviction counts
toward enhancement of the sentence imposed for a refusal conviction. See, e.g.,
State v. Tekel, 281 N.J.Super. 502 (App. Div. 1995). The court also held that double
jeopardy does not bar reinstatement of the sentence originally imposed in the municipal
court for a third DWI offense, which was reduced in the Law Division to a sentence
for a first DWI offense.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. New Trial Ordered Where Judge Conducted Questioning of Defense Expert. State
v. O'Brien 200 NJ 520 (2009)
Defendant was entitled to face a single adversary, the State. He should not have
had to bear the consequences of a judge who appeared to disbelieve him and his
expert witness, revealed that disbelief to the jury, and supported a witness adverse
to him. Because that conduct was clearly capable of producing an unjust result,
a new trial is in order.
3. WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR
WHEN: Wednesday April 14, 5pm &
Friday, April 16 12:15pm [Lunch & Law]
FEE:FREE
This program is limited to 15 people. Complimentary Sandwiches soda, and snacks
to pre-registered persons prior to program. Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts will also be available at no cost.
Please bring a canned food donation, which will be given to the St. James Food Bank
located on Woodbridge Avenue in Edison, NJ.
SPEAKER: Kenneth Vercammen, Esq. (Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. 2010 increases in Federal Estate and Gift Tax exemption
3. NJ Inheritance tax
4. Power of Attorney
5. Living Will
6. Administering the Estate/ Probate/Surrogate
7. Question and Answer
COMPLIMENTARY MATERIAL:
Brochures on Wills, "Answers to Questions about Probate" and Administration of an
Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Co-Sponsor: Middlesex County Estate Planning Council
To attend or for Information:
Mike McDonald 732-572-0500
or email: kenvnjlaws@verizon.net [mailto:kenvnjlaws@verizon.net]
Can't attend? We can email you materials, Send email to: kenvnjlaws@verizon.net
[mailto:kenvnjlaws@verizon.net]
Instructor: Kenneth Vercammen, Esq. of Edison (Co-Author- NJ Elder Law & Probate)
COMPLIMENTARY MATERIAL:
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, Power of Attorney, Living Wills, Inheritance taxes, making estate administration
easier, revocable trusts, irrevocable trusts plus the opportunity to ask questions.
Here is your opportunity to listen to an experienced attorney who will answer questions
how to distribute your property and avoid many rigid provisions of state law. For
more information on Elder law, visit the
You can also subscribe to the free email Elder Law newsletter by visiting the website,
or sending an email to Kenvnjlaws@verizon.net [mailto:Kenvnjlaws@verizon.net]
4. From the Star Ledger...NJ WRESTLING: Middlesex County Season in Review.
Broken Records: South Brunswick eclipsed a team record by piling up 18 victories
this season, snapping the previous mark of 17 victories, and could have had more
if it were not for five weather-related match cancellations.
Brendan Vercammen, a 171-pound senior who collected a fifth-place finish in the
state tournament, captained the team with seniors Frank Capraro (125 pounds) and
Jeff Goldhagen (189), who each placed third at District 20.
Vercammen was second in Region 5 and won the District 20 title."As you coach, you
tell the kids that chemistry is a very important thing, and these guys let the team
know what the expectations were," said South Brunswick coach Joe Dougherty. "We
had a lot of sophomores in the lineup, and our seniors were outstanding with them."
http://highschoolsports.nj.com/news/article/-1239252879774650508/nj-wrestling-middlesex-county-season-in-review/
[http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fhighschoolsports.nj.com%2Fnews%2Farticle%2F-1239252879774650508%2Fnj-wrestling-middlesex-county-season-in-review%2F&id=preview]
NJ Wrestling: All-area and all-prep individual honors
ALL MIDDLESEX FIRST TEAM
103 Anthony Ashnault, South Plainfield
112 Troy Heilmann, South Plainfield
119 Heriberto Quintana, Perth Amboy
125 Ray DeLaNuez, Edison
130 Scott DelVecchio, South Plainfield
135 Sam Emburgia, Monroe
140 Conor Hayes, Old Bridge
145 Ryan Sacco, South Plainfield
152 David Saley, Monroe
160 Frank Bozzomo, Middlesex
171 Brendan Vercammen, SouthBrunswick
189 Mike Wagner, South Plainfield
215 Marc Tyson, Monroe
HWT Ryan Moskwa, Perth Amboy
http://highschoolsports.nj.com/news/article/-1310094831504798623/nj-wrestling-all-area-and-all-prep-individual-honors/
[http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fhighschoolsports.nj.com%2Fnews%2Farticle%2F-1310094831504798623%2Fnj-wrestling-all-area-and-all-prep-individual-honors%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editorial Assistance was provided by Jessica Puntorno. Ms. Puntorno, a 2006 Rutgers'
University Graduate, is currently interning at Kenneth Vercammen and Associates,
P.C. and is pursuing a career as a Paralegal.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2010. 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 [http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Frs6.net%2Ftn.jsp%3Ft%3D9qkutlcab.0.0.be4bcacab.0%26ts%3DS0332%26p%3Dhttp%253A%252F%252Fnjlaws.com%252F%26id%3Dpreview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court
Facebook: http://www.facebook.com/kenneth.vercammen?ref=name [http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.facebook.com%2Fkenneth.vercammen%3Fref%3Dname&id=preview]
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview]
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview]
NJ Elder Law Blog - http://elder-law.blogspot.com/YouTube Videos on Various Legal
Topics: http://www.youtube.com/user/kvercammen [http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.youtube.com%2Fuser%2Fkvercammen&id=preview]
Thank you for reading our newsletter! God Bless America USA #1
Our hope is that every one of our current subscribers will sign up at least one
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also like to receive this email newsletter, please have them email us at:
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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 23 years of providing excellent service to clients 1985-2009"
Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients.
Please come into the office.
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Kenneth Vercammen Law Office | 2053 Woodbridge Avenue | Edison | NJ | 08817
Kenneth Vercammen, Attorney at Law
March 31, 2010
In This Issue:
RECENT CASES:
1. PRIOR REFUSAL COUNTS FOR 3RD DWI.
2. New Trial Ordered Where Judge Conducted Questioning of Defense Expert.
3. WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR
4. FROM THE STAR LEDGER....NJ WRESTLING: MIDDLESEX COUNTY SEASON IN REVIEW.
(732) 572-0500
1. Prior Refusal Counts for 3rd DWI. State v Ciancaglini 411 NJ Super. 280 (App.
Div. 2010)
In this appeal from a DWI conviction, after prior separate DWI and refusal convictions,
this Appellate panel disagrees with the holding of State v.DiSomma 262 N.J. Super.
375 (App. Div. 1993), and hold that the prior refusal conviction does count toward
making this a third offense. The court feels this holding is consistent with a line
of cases both before and after DiSomma concluding that a prior DWI conviction counts
toward enhancement of the sentence imposed for a refusal conviction. See, e.g.,
State v. Tekel, 281 N.J.Super. 502 (App. Div. 1995). The court also held that double
jeopardy does not bar reinstatement of the sentence originally imposed in the municipal
court for a third DWI offense, which was reduced in the Law Division to a sentence
for a first DWI offense.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. New Trial Ordered Where Judge Conducted Questioning of Defense Expert. State
v. O'Brien 200 NJ 520 (2009)
Defendant was entitled to face a single adversary, the State. He should not have
had to bear the consequences of a judge who appeared to disbelieve him and his
expert witness, revealed that disbelief to the jury, and supported a witness adverse
to him. Because that conduct was clearly capable of producing an unjust result,
a new trial is in order.
3. WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR
WHEN: Wednesday April 14, 5pm &
Friday, April 16 12:15pm [Lunch & Law]
FEE:FREE
This program is limited to 15 people. Complimentary Sandwiches soda, and snacks
to pre-registered persons prior to program. Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts will also be available at no cost.
Please bring a canned food donation, which will be given to the St. James Food Bank
located on Woodbridge Avenue in Edison, NJ.
SPEAKER: Kenneth Vercammen, Esq. (Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. 2010 increases in Federal Estate and Gift Tax exemption
3. NJ Inheritance tax
4. Power of Attorney
5. Living Will
6. Administering the Estate/ Probate/Surrogate
7. Question and Answer
COMPLIMENTARY MATERIAL:
Brochures on Wills, "Answers to Questions about Probate" and Administration of an
Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Co-Sponsor: Middlesex County Estate Planning Council
To attend or for Information:
Mike McDonald 732-572-0500
or email: kenvnjlaws@verizon.net [mailto:kenvnjlaws@verizon.net]
Can't attend? We can email you materials, Send email to: kenvnjlaws@verizon.net
[mailto:kenvnjlaws@verizon.net]
Instructor: Kenneth Vercammen, Esq. of Edison (Co-Author- NJ Elder Law & Probate)
COMPLIMENTARY MATERIAL:
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, Power of Attorney, Living Wills, Inheritance taxes, making estate administration
easier, revocable trusts, irrevocable trusts plus the opportunity to ask questions.
Here is your opportunity to listen to an experienced attorney who will answer questions
how to distribute your property and avoid many rigid provisions of state law. For
more information on Elder law, visit the
You can also subscribe to the free email Elder Law newsletter by visiting the website,
or sending an email to Kenvnjlaws@verizon.net [mailto:Kenvnjlaws@verizon.net]
4. From the Star Ledger...NJ WRESTLING: Middlesex County Season in Review.
Broken Records: South Brunswick eclipsed a team record by piling up 18 victories
this season, snapping the previous mark of 17 victories, and could have had more
if it were not for five weather-related match cancellations.
Brendan Vercammen, a 171-pound senior who collected a fifth-place finish in the
state tournament, captained the team with seniors Frank Capraro (125 pounds) and
Jeff Goldhagen (189), who each placed third at District 20.
Vercammen was second in Region 5 and won the District 20 title."As you coach, you
tell the kids that chemistry is a very important thing, and these guys let the team
know what the expectations were," said South Brunswick coach Joe Dougherty. "We
had a lot of sophomores in the lineup, and our seniors were outstanding with them."
http://highschoolsports.nj.com/news/article/-1239252879774650508/nj-wrestling-middlesex-county-season-in-review/
[http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fhighschoolsports.nj.com%2Fnews%2Farticle%2F-1239252879774650508%2Fnj-wrestling-middlesex-county-season-in-review%2F&id=preview]
NJ Wrestling: All-area and all-prep individual honors
ALL MIDDLESEX FIRST TEAM
103 Anthony Ashnault, South Plainfield
112 Troy Heilmann, South Plainfield
119 Heriberto Quintana, Perth Amboy
125 Ray DeLaNuez, Edison
130 Scott DelVecchio, South Plainfield
135 Sam Emburgia, Monroe
140 Conor Hayes, Old Bridge
145 Ryan Sacco, South Plainfield
152 David Saley, Monroe
160 Frank Bozzomo, Middlesex
171 Brendan Vercammen, SouthBrunswick
189 Mike Wagner, South Plainfield
215 Marc Tyson, Monroe
HWT Ryan Moskwa, Perth Amboy
http://highschoolsports.nj.com/news/article/-1310094831504798623/nj-wrestling-all-area-and-all-prep-individual-honors/
[http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fhighschoolsports.nj.com%2Fnews%2Farticle%2F-1310094831504798623%2Fnj-wrestling-all-area-and-all-prep-individual-honors%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editorial Assistance was provided by Jessica Puntorno. Ms. Puntorno, a 2006 Rutgers'
University Graduate, is currently interning at Kenneth Vercammen and Associates,
P.C. and is pursuing a career as a Paralegal.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2010. 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 [http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Frs6.net%2Ftn.jsp%3Ft%3D9qkutlcab.0.0.be4bcacab.0%26ts%3DS0332%26p%3Dhttp%253A%252F%252Fnjlaws.com%252F%26id%3Dpreview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court
Facebook: http://www.facebook.com/kenneth.vercammen?ref=name [http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.facebook.com%2Fkenneth.vercammen%3Fref%3Dname&id=preview]
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview]
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview]
NJ Elder Law Blog - http://elder-law.blogspot.com/YouTube Videos on Various Legal
Topics: http://www.youtube.com/user/kvercammen [http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.youtube.com%2Fuser%2Fkvercammen&id=preview]
Thank you for reading our newsletter! God Bless America USA #1
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:
vercammennewsletter@verizon.net [mailto:vercammennewsletter@verizon.net]
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 23 years of providing excellent service to clients 1985-2009"
Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients.
Please come into the office.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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Kenneth Vercammen Law Office | 2053 Woodbridge Avenue | Edison | NJ | 08817
NJ Laws Email Newsletter E333
NJ Laws Email Newsletter E333
Kenneth Vercammen, Attorney at Law
April 28, 2010
In This Issue:
1. Federal Estate Tax Rules Changed Radically in 2010
RECENT CASES...
2. AG use of force reports are public records
3. Exigent circumstances may allow search of car
4. New NJ Traffic Violation Takes Effect for Failure of Motorists to Stop for Pedestrians
5. Next events
6 Join the Edison Community Pool
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Office Phone Number: (732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. Federal Estate Tax Rules Changed Radically in 2010
By Saul Simon
Here some information on 2010's estate tax reform:
As you may have heard, the federal estate tax rules changed radically in 2010, and
could change radically again in 2011 unless Congress passes new legislation. This
letter is intended to advise you of what has happened and encourage you to contact
us, so we can work with you and your tax advisor to tailor a particular estate plan
that will work best for you.
Estate planning practitioners almost universally expected Congress to carry the
2009 estate tax rules across 2010. However, unexpectedly in December the House
failed to act on a one year extension and instead sent the Senate a bill to make the 2009 rules permanent. Because the Senate was focused on health care and there was broad disagreement in the Senate on what to do with estate taxes, Congress enacted
no changes. Thus, effective as of January 1, 2010, there is no federal estate or
generation-skipping tax (GST). The generation-skipping tax (GST) is an additional
that is imposed on some asset transfers, including assets transferred directly from
a grandparent to a grandchild.
Congress's failure to adopt estate tax legislation in 2009 and the possibility that
changes will not be adopted during 2010, radically change the estate planning considerations of many clients.
The following is a summary of the current estate and gift tax law:
·In 2009, the estate and GST exemptions increased to $3.5 million per decedent,
with a flat 45% estate and GST tax rate on any excess. The gift tax exemption was
$1.0 million, with tax rates from 41% to 45%.
·In 2010, the federal estate and GST taxes were repealed for one year. The gift
tax $1.0 million exemption remained, with a lower flat tax rate of 35%. Thus, you
have to die or pay gift tax to get the benefit of the change. The step-up in basis
rules (which gave a "fresh-start" fair market basis for most assets of a decedent)
was replaced with an adjusted carry-over basis. These new basis rules permit a
step-up in basis of up to $1.3 million, plus an additional $3.0 million for certain
spousal transfers at death.
·Unless Congress enacts new legislation in 2010, then on January 1, 2011, a number
of automatic changes occur to the federal tax code, including:
·The estate tax exemption drops to $1.0 million per decedent.
·The estate tax rate increases (e.g., 55% above $3.0 million and 60% above $10 million).
·States which remain "coupled" to the federal estate tax will have their state death
taxes restored. Thus, if you own property in one of these coupled states, you could
have new exposure to a state estate tax.
·The fair market value step up in basis returns for assets passing from a decedent.
·The top income tax rates go up by at least 4.6%, capital gain tax rates go up by
up to 5% and dividend tax rates go up by up to 24.6%.
No matter what happens to the estate tax, tax increases are looming. A $12+ trillion
deficit is projected for the next decade. The Congressional Budget Office indicates
that the Social Security trust fund will pay out more then it receives starting
in 2011 or 2012. Taxes will have to increase across a broad range of Americans.
Saul M. Simon CFP®, CFS, RFC -
Private Wealth Advisor Simon Financial Group
333 Thornall St. Suite 9 B Edison , NJ 08837
Phone: 732-623-2070
Fax: 732-623-2088
simonsays@LFG.comwww.saulsimon.com [mailto:simonsays@LFG.comwww.saulsimon.com]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Cases...
2. AG use of force reports are public records O'Shea v West Milford 410 NJ Super.
371 (App. Div. 2010)
The Attorney General's guidelines, policies and procedures requiring the completion
of "Use of Force Reports" (UFRs) and their maintenance in the files of police departments have the force of law for police entities, rending such documents accessible under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Therefore, UFRs do not qualify, generically, under the "criminal investigatory records" exception of OPRA.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Exigent circumstances may allow search of car State v Lewis __ NJ Super. ___
(App. Div. 2010) A-2066-08T4 (2-08-10)
Where police stopped vehicle at night in a neighborhood known for drug sales based on evidence providing probable cause to believe vehicle contained drugs, persons other than the occupants who also had reason to believe the vehicle contained drugs may have had access to the vehicle, and there was a substantial question whether other police officers would have been available to detain the occupants while an application was made for a warrant, the State established the exigent circumstances required to justify a search of the vehicle under the automobile exception to the warrant requirement. Moreover, the validity of the search was not affected by the fact that drugs were found in a closed leather case because, when the automobile exception applies, the police may search every part of the vehicle and its contents that may conceal the object of the search.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. New NJ Traffic Violation Takes Effect for Failure of Motorists to Stop for Pedestrians
By Blair Lane, Esq.
Effective Thursday April 8, 2010 a new law in New Jersey requires motorists to stop
and remain stopped for pedestrians in a crosswalk. The old law only required that
motorists yield or slow down for pedestrians. The new law brings mandates that
drivers must stop and remain stopped for pedestrians at intersections and crosswalks.
Pedestrians, in turn, must use due care and not jaywalk or step into traffic outside
of those crossing points.
NJSA 39:4-36 states:
(1) The driver of a vehicle shall stop and remain stopped to allow a pedestrian
to cross the roadway within a marked crosswalk, when the pedestrian is upon, or
within one lane of, the half of the roadway, upon which the vehicle is traveling
or onto which it is turning. As used in this paragraph, "half of the roadway" means
all traffic lanes conveying traffic in one direction of travel, and includes the
entire width of a one-way roadway.
Motorists who violate the law face a $200 fine, plus court costs and 2 points on
their license. They can also be subject to 15 days of community service and insurance
surcharges.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Next events:
Comedy Night Friday, April 30, 2010; 8:30 pm
Live from Howard Sterns "MISERABLE MEN's SHOW,"
The Rev. Bob Levy, Shuli, Paul Dellangelo and Beetlejuice.
Tickets are $25 per person, snacks and munchies included. This is definitely an
over 21 show. Get tickets at the Edison Elks Lodge.
May 1
Muddy Marathon and 6 mile trail run Craigmeur.
The Half-Marathon starts at 10:00 AM. Two loops of the delightfully scenic course.
The Quarter - Marathon starts at 12:00 PM. One loop of 6.55 miles Post Drink Refreshment will be supplied by Cricket Hill Brewery.
http://sites.google.com/site/xxctrailseries/
Local Directions - 1175 Green Pond Road, Newfoundland, NJ 07435
May 2
NJ Marathon and Relay- Long Branch Relay- Start Time: 9:00am Start/Finish Location:
On the Long Branch ocean Promenade near the Hotel, the Ocean Place Resort & Spa.
Monday, May 3, 2010
RECENT CHANGES IN MUNICIPAL COURT LAW: 2010 - NJ Law Center New Brunswick
5:30 PM to 9:00 PM
New Jersey Law Center, New Brunswick
Speakers include:
HON. JOAN ROBINSON GROSS, PJMC
(Union County) Chair, Supreme Court Municipal Practice Committee (Union County)
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year
K. Vercammen & Associates
NORMA M. MURGADO, ESQ.
Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)
JOHN MENZEL, ESQ.
Moore & Menzel
WILLIAM G. BRIGIANI, ESQ.
Brigiani, Cohen & Schneider
This informative guide to Municipal Court practice and procedure will familiarize
you with the most recent developments affecting cases that are heard in Municipal
Court.
An authoritative panel of experienced attorneys will be joined by a Presiding Municipal
Court Judge to explore a wide variety of matters that you are likely to encounter.
They will also bring you up to date on recent developments you need to understand
in order to effectively represent your clients.
Program Preview:
· Criminal Case Law and Legislative Update
· The Prosecutor's Perspective: DWI, no-insurance cases, recent directives from
the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy
issues
· Judicial Perspective: Expert arguments, important court rules, common errors by
defense attorneys and prosecutors, how to impress the court and not annoy the court
staff
· Recent developments in traffic law, merged traffic tickets and more
· DWI and Chun
· Ask the Experts
Tuition fees Reg. Fee Reg. Type Seminar # S1507-15378
Register by 3/31/10 $109.00 EB
GENERAL TUITION (REG) $169.00 REG
NJICLE SEASON TICKETS (STX) 1 Season Ticket(s) STX
MEMBERS, CO-SPONSORING SECTION (COS) $119.00 COS*
MEMBERS, NJSBA (NJB*) $129.00 NJB*
MEMBERS, NJSBA YLD (YLD*) $119.00 YLD*
Recent admittees (past 2 years) (YL) $145.00 YL
Paralegals (PAR) $119.00 PAR
Law Students (with Student ID) (STU) $0.00 STU
Full Time Judges (JUD) $0.00 JUD
Seminar number S1507-15379
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young
Lawyers' Division
DOOR REGISTRATIONS: $189
Advance registration closes at noon of the day preceding the program. After that
time you may still register, space permitting, for the Door Registration Fee. PLEASE
CALL FIRST to confirm the seminar schedule and space availability.
New Jersey Institute for Continuing Legal Education
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
One Constitution Square
New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 · CustomerService@njicle.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
6 Join theEdison Community Pool now and save!
The Metuchen Branch YMCA and the Edison Elks are once again pleased to co-sponsor
the Edison Community Pool, located on Old Post Road in Edison. They look forward
to serving the South Edison Community and surrounding areas this summer, 2010.
Facilities
The newly renovated Edison Community Pool located on Old Post Road in South Edison
is surrounded by a wooded picnic area. The facility boasts a 25 yard, 4-lane pool,
water slide and a kiddie pool for youngsters. Bathrooms with showers and a snack
area with vending machines are conveniently located around the pool area. A sand-filled
volleyball court, basketball courts and playground make this swim club a place for
family fun.
Dates and Hours of Operation
The Edison Community Pool will open for members on weekends beginning Saturday,
May 29 through June 16 from 11:00 am-8:00 pm and Sundays from 12-8pm. Beginning,
June 17, the pool will be open weekdays from 12:00 pm-8:00 pm through Labor Day,
September 6.
Register by April 30th, And Save!
$50 for previous members or returning Family Members
$25 for previous members or returning Seniors and Individuals
10% Discount for YMCA Members
20% Discount for Elks Members
Membership Type
(Proof of age may be required at the discretion of YMCA management)
Family $365
2 adults sharing a household with dependent children under the age of 22 years with
proof of full-time college student status as of 5/1/09. Multiple families living
in one dwelling will require separate family memberships.
Family Plus $420
Same as above plus one additional person who permanently resides with the family
(grandparent, aunt, uncle, au pair, etc)
*Proof of residence required
Individual $200
Senior Citizen $135 (Any resident over 65 years of age)
Senior Couple $220 (2 senior citizens over 65 years of age residing in a single
residence)
Swim Team Program Fee: 1 Child $50.00 or family rate $70.00
Active Edison Elk #2487 lodge members receive a 20% discount and Metuchen Branch
YMCA members are entitled to a 10% discount. Valid membership cards are required
to receive an in-person discount at time of registration.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Kenneth Vercammen, Attorney at Law
April 28, 2010
In This Issue:
1. Federal Estate Tax Rules Changed Radically in 2010
RECENT CASES...
2. AG use of force reports are public records
3. Exigent circumstances may allow search of car
4. New NJ Traffic Violation Takes Effect for Failure of Motorists to Stop for Pedestrians
5. Next events
6 Join the Edison Community Pool
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Office Phone Number: (732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. Federal Estate Tax Rules Changed Radically in 2010
By Saul Simon
Here some information on 2010's estate tax reform:
As you may have heard, the federal estate tax rules changed radically in 2010, and
could change radically again in 2011 unless Congress passes new legislation. This
letter is intended to advise you of what has happened and encourage you to contact
us, so we can work with you and your tax advisor to tailor a particular estate plan
that will work best for you.
Estate planning practitioners almost universally expected Congress to carry the
2009 estate tax rules across 2010. However, unexpectedly in December the House
failed to act on a one year extension and instead sent the Senate a bill to make the 2009 rules permanent. Because the Senate was focused on health care and there was broad disagreement in the Senate on what to do with estate taxes, Congress enacted
no changes. Thus, effective as of January 1, 2010, there is no federal estate or
generation-skipping tax (GST). The generation-skipping tax (GST) is an additional
that is imposed on some asset transfers, including assets transferred directly from
a grandparent to a grandchild.
Congress's failure to adopt estate tax legislation in 2009 and the possibility that
changes will not be adopted during 2010, radically change the estate planning considerations of many clients.
The following is a summary of the current estate and gift tax law:
·In 2009, the estate and GST exemptions increased to $3.5 million per decedent,
with a flat 45% estate and GST tax rate on any excess. The gift tax exemption was
$1.0 million, with tax rates from 41% to 45%.
·In 2010, the federal estate and GST taxes were repealed for one year. The gift
tax $1.0 million exemption remained, with a lower flat tax rate of 35%. Thus, you
have to die or pay gift tax to get the benefit of the change. The step-up in basis
rules (which gave a "fresh-start" fair market basis for most assets of a decedent)
was replaced with an adjusted carry-over basis. These new basis rules permit a
step-up in basis of up to $1.3 million, plus an additional $3.0 million for certain
spousal transfers at death.
·Unless Congress enacts new legislation in 2010, then on January 1, 2011, a number
of automatic changes occur to the federal tax code, including:
·The estate tax exemption drops to $1.0 million per decedent.
·The estate tax rate increases (e.g., 55% above $3.0 million and 60% above $10 million).
·States which remain "coupled" to the federal estate tax will have their state death
taxes restored. Thus, if you own property in one of these coupled states, you could
have new exposure to a state estate tax.
·The fair market value step up in basis returns for assets passing from a decedent.
·The top income tax rates go up by at least 4.6%, capital gain tax rates go up by
up to 5% and dividend tax rates go up by up to 24.6%.
No matter what happens to the estate tax, tax increases are looming. A $12+ trillion
deficit is projected for the next decade. The Congressional Budget Office indicates
that the Social Security trust fund will pay out more then it receives starting
in 2011 or 2012. Taxes will have to increase across a broad range of Americans.
Saul M. Simon CFP®, CFS, RFC -
Private Wealth Advisor Simon Financial Group
333 Thornall St. Suite 9 B Edison , NJ 08837
Phone: 732-623-2070
Fax: 732-623-2088
simonsays@LFG.comwww.saulsimon.com [mailto:simonsays@LFG.comwww.saulsimon.com]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Cases...
2. AG use of force reports are public records O'Shea v West Milford 410 NJ Super.
371 (App. Div. 2010)
The Attorney General's guidelines, policies and procedures requiring the completion
of "Use of Force Reports" (UFRs) and their maintenance in the files of police departments have the force of law for police entities, rending such documents accessible under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Therefore, UFRs do not qualify, generically, under the "criminal investigatory records" exception of OPRA.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Exigent circumstances may allow search of car State v Lewis __ NJ Super. ___
(App. Div. 2010) A-2066-08T4 (2-08-10)
Where police stopped vehicle at night in a neighborhood known for drug sales based on evidence providing probable cause to believe vehicle contained drugs, persons other than the occupants who also had reason to believe the vehicle contained drugs may have had access to the vehicle, and there was a substantial question whether other police officers would have been available to detain the occupants while an application was made for a warrant, the State established the exigent circumstances required to justify a search of the vehicle under the automobile exception to the warrant requirement. Moreover, the validity of the search was not affected by the fact that drugs were found in a closed leather case because, when the automobile exception applies, the police may search every part of the vehicle and its contents that may conceal the object of the search.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. New NJ Traffic Violation Takes Effect for Failure of Motorists to Stop for Pedestrians
By Blair Lane, Esq.
Effective Thursday April 8, 2010 a new law in New Jersey requires motorists to stop
and remain stopped for pedestrians in a crosswalk. The old law only required that
motorists yield or slow down for pedestrians. The new law brings mandates that
drivers must stop and remain stopped for pedestrians at intersections and crosswalks.
Pedestrians, in turn, must use due care and not jaywalk or step into traffic outside
of those crossing points.
NJSA 39:4-36 states:
(1) The driver of a vehicle shall stop and remain stopped to allow a pedestrian
to cross the roadway within a marked crosswalk, when the pedestrian is upon, or
within one lane of, the half of the roadway, upon which the vehicle is traveling
or onto which it is turning. As used in this paragraph, "half of the roadway" means
all traffic lanes conveying traffic in one direction of travel, and includes the
entire width of a one-way roadway.
Motorists who violate the law face a $200 fine, plus court costs and 2 points on
their license. They can also be subject to 15 days of community service and insurance
surcharges.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Next events:
Comedy Night Friday, April 30, 2010; 8:30 pm
Live from Howard Sterns "MISERABLE MEN's SHOW,"
The Rev. Bob Levy, Shuli, Paul Dellangelo and Beetlejuice.
Tickets are $25 per person, snacks and munchies included. This is definitely an
over 21 show. Get tickets at the Edison Elks Lodge.
May 1
Muddy Marathon and 6 mile trail run Craigmeur.
The Half-Marathon starts at 10:00 AM. Two loops of the delightfully scenic course.
The Quarter - Marathon starts at 12:00 PM. One loop of 6.55 miles Post Drink Refreshment will be supplied by Cricket Hill Brewery.
http://sites.google.com/site/xxctrailseries/
Local Directions - 1175 Green Pond Road, Newfoundland, NJ 07435
May 2
NJ Marathon and Relay- Long Branch Relay- Start Time: 9:00am Start/Finish Location:
On the Long Branch ocean Promenade near the Hotel, the Ocean Place Resort & Spa.
Monday, May 3, 2010
RECENT CHANGES IN MUNICIPAL COURT LAW: 2010 - NJ Law Center New Brunswick
5:30 PM to 9:00 PM
New Jersey Law Center, New Brunswick
Speakers include:
HON. JOAN ROBINSON GROSS, PJMC
(Union County) Chair, Supreme Court Municipal Practice Committee (Union County)
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year
K. Vercammen & Associates
NORMA M. MURGADO, ESQ.
Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)
JOHN MENZEL, ESQ.
Moore & Menzel
WILLIAM G. BRIGIANI, ESQ.
Brigiani, Cohen & Schneider
This informative guide to Municipal Court practice and procedure will familiarize
you with the most recent developments affecting cases that are heard in Municipal
Court.
An authoritative panel of experienced attorneys will be joined by a Presiding Municipal
Court Judge to explore a wide variety of matters that you are likely to encounter.
They will also bring you up to date on recent developments you need to understand
in order to effectively represent your clients.
Program Preview:
· Criminal Case Law and Legislative Update
· The Prosecutor's Perspective: DWI, no-insurance cases, recent directives from
the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy
issues
· Judicial Perspective: Expert arguments, important court rules, common errors by
defense attorneys and prosecutors, how to impress the court and not annoy the court
staff
· Recent developments in traffic law, merged traffic tickets and more
· DWI and Chun
· Ask the Experts
Tuition fees Reg. Fee Reg. Type Seminar # S1507-15378
Register by 3/31/10 $109.00 EB
GENERAL TUITION (REG) $169.00 REG
NJICLE SEASON TICKETS (STX) 1 Season Ticket(s) STX
MEMBERS, CO-SPONSORING SECTION (COS) $119.00 COS*
MEMBERS, NJSBA (NJB*) $129.00 NJB*
MEMBERS, NJSBA YLD (YLD*) $119.00 YLD*
Recent admittees (past 2 years) (YL) $145.00 YL
Paralegals (PAR) $119.00 PAR
Law Students (with Student ID) (STU) $0.00 STU
Full Time Judges (JUD) $0.00 JUD
Seminar number S1507-15379
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young
Lawyers' Division
DOOR REGISTRATIONS: $189
Advance registration closes at noon of the day preceding the program. After that
time you may still register, space permitting, for the Door Registration Fee. PLEASE
CALL FIRST to confirm the seminar schedule and space availability.
New Jersey Institute for Continuing Legal Education
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
One Constitution Square
New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 · CustomerService@njicle.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
6 Join theEdison Community Pool now and save!
The Metuchen Branch YMCA and the Edison Elks are once again pleased to co-sponsor
the Edison Community Pool, located on Old Post Road in Edison. They look forward
to serving the South Edison Community and surrounding areas this summer, 2010.
Facilities
The newly renovated Edison Community Pool located on Old Post Road in South Edison
is surrounded by a wooded picnic area. The facility boasts a 25 yard, 4-lane pool,
water slide and a kiddie pool for youngsters. Bathrooms with showers and a snack
area with vending machines are conveniently located around the pool area. A sand-filled
volleyball court, basketball courts and playground make this swim club a place for
family fun.
Dates and Hours of Operation
The Edison Community Pool will open for members on weekends beginning Saturday,
May 29 through June 16 from 11:00 am-8:00 pm and Sundays from 12-8pm. Beginning,
June 17, the pool will be open weekdays from 12:00 pm-8:00 pm through Labor Day,
September 6.
Register by April 30th, And Save!
$50 for previous members or returning Family Members
$25 for previous members or returning Seniors and Individuals
10% Discount for YMCA Members
20% Discount for Elks Members
Membership Type
(Proof of age may be required at the discretion of YMCA management)
Family $365
2 adults sharing a household with dependent children under the age of 22 years with
proof of full-time college student status as of 5/1/09. Multiple families living
in one dwelling will require separate family memberships.
Family Plus $420
Same as above plus one additional person who permanently resides with the family
(grandparent, aunt, uncle, au pair, etc)
*Proof of residence required
Individual $200
Senior Citizen $135 (Any resident over 65 years of age)
Senior Couple $220 (2 senior citizens over 65 years of age residing in a single
residence)
Swim Team Program Fee: 1 Child $50.00 or family rate $70.00
Active Edison Elk #2487 lodge members receive a 20% discount and Metuchen Branch
YMCA members are entitled to a 10% discount. Valid membership cards are required
to receive an in-person discount at time of registration.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Wednesday, April 21, 2010
NJ Laws Email Newsletter E332
NJ Laws Email Newsletter E332
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
April 14, 2010
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
================================================================================
NJLaws.Com LINKS
Main Website with 500 [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In This Issue:
1. REMINDER Friday, April 16 12:15pm [Lunch & Law]
WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR
RECENT CASES:
2. Refusal does not merge into DWI.
3. ALCOTEST READINGS DO NOT NEED TO BE TRUNCATED TO FOUR DECIMALS
4. NEXT EVENTS
5. KENNETH VERCAMMEN, EDISON ATTORNEY AND JOHN MENZEL, ESQ. WERE SELECTED AS 2010
NJ SUPER LAWYERS IN THE CRIMINAL LAW- DWI SECTION.
6. 2009-2010 SBHS WRESTLING TEAM WAS NAMED MOST IMPROVED TEAM GROUP III & IV BY
THE GMC WRESTLING COACHES ASSOCIATION.
7. PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. Reminder: WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR
Friday, April 16 12:15pm [Lunch & Law]
Fee: no cost, includes sandwiches, soda, snacks and Brochures on Wills, "Probate
and Administration of an Estate", Power of Attorney, Living Wills, Real Estate
Sales for Seniors, and Trusts.
COST: Free if you pre-register. This program is limited to 15 people.
Complimentary Sandwiches to pre-registered persons prior to program.
Email:kenvnjlaws@verizon.net [mailto:kenvnjlaws@verizon.net]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Refusal does not merge into DWI. State v Eckert 410 NJ Super. 389 (App. Div.
2009)
A conviction for refusal to submit to a breath examination cannot be merged with
a DWI conviction. Such a plea agreement violated applicable merger principles as
well as the Court's Guidelines for Operation of Plea Agreements in the Municipal
Courts of New Jersey.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Alcotest readings do not need to be truncated to four decimals. State v Rivera
411 NJ Super. 492 (App. Div. 2010)
Reviewing defendant's challenge to the admission of Alcotest results relied upon
to support a per se violation of N.J.S.A. 39:4-50, the court rejected a suggested
methodology requiring the State to truncate the intermediate calculations of the
relative and absolute upper tolerance limits when discerning whether the Alcotest
readings obtained were valid. The court concluded the Supreme Court in State v.
Chun 194 N.J. 54, cert. denied, 129 S. Ct. 158, (2008) expressed no preference for
truncating the various interim calculations on Worksheet A, which would have the
resultant effect of lowering the range of tolerance below that approved by the
Court with the concomitant result of falsely increasing the number of invalid Alcotest
results, precluding justifiable prosecutions for per se violations of N.J.S.A. 39:4-50.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Next events:
April 17, 2010 Jersey Shore Relay For Special Olympics From Seaside Heights To
Asbury Park 732-681-9464 free beer! If you can't run, you can volunteer or pay
to go to party.
April 18, 2010 Rutgers Unite ½ marathon 8am
April 24, 2010 Join the Jersey Shore Animal Center Saturday, April 24th, 2010 for
the 1st Annual Beach to Bay 5K benefiting the Jersey Shore Animal Center. The 5K
will begin and end at Brick Beach 3, Route 35 North, Brick and ample free parking
is available. Registration per runner is $20.00 until April 14th and $25 thereafter.
T-shirts will be giving to the 1st 200 registered runners.
Check-in starts at 7:30AM and the run will begin at 8:30AM
For more information, please check out the Jersey Shore Animal Center website, or
contact (732) 920-1600.
April 25, 2010 Franklin Food Bank 40 mile bike
Sunday April 25, 2010
Bishop Ahr HS 40th Anniversary Mass
And Champagne Lunch
Mass 2pm
Celebrant
Reverend Monsignor Richard Brietske
(First principal of our school)
Followed by Champagne Luncheon
Catanzaro Gym
Proceeds to benefit Saint Thomas Aquinas Wing
$50.00 per person
Reservations please call
732.549.1108 x 605
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Kenneth Vercammen, Edison Attorney and John Menzel Esq. were selected as 2010
NJ Super Lawyer in the Criminal Law- DWI section.
Of over 79,00 attorneys in New Jersey, only five were selected as Super Lawyers
in the Criminal Law- DWI category.
HOW SUPER LAWYERS ARE SELECTED
Bar associations and courts across the country have recognized the legitimacy of
the Super Lawyers selection process. Most recently, the New Jersey Supreme Court
upheld the findings of a Special Master assigned by the court to, among other things,
examine the details of our process. In his July 2008 report, the Special Master
lauded our process, stating:
"[The Super Lawyers selection process] is a comprehensive, good-faith and detailed
attempt to produce a list of lawyers that have attained high peer recognition, meet
ethical standards, and have demonstrated some degree of achievement in their field."
"Suffice to say, the selection procedures employed by [Super Lawyers] are very sophisticated,
comprehensive and complex."
"It is absolutely clear from this record that [Super Lawyers does] not permit a
lawyer to buy one's way onto the list, nor is there any requirement for the purchase
of any product for inclusion in the lists or any quid pro quo of any kind or nature
associated with the evaluation and listing of an attorney or in the subsequent advertising
of one's inclusion in the lists."
OVERVIEW
Super Lawyers selects attorneys using a rigorous, multiphase process. Peer nominations
and evaluations are combined with third party research. Each candidate is evaluated
on 12 indicators of peer recognition and professional achievement. Selections are
made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding
attorneys that can be used as a resource for attorneys and consumers searching for
legal counsel. Since Super Lawyers is intended to be used as an aid in the selection
of a lawyer, we limit the list to attorneys who can be hired and retained by the
public, i.e., lawyers in private practice and Legal Aid attorneys.
The Super Lawyers selection process involves three basic steps: creation of the
candidate pool; evaluation of candidates by the research department; and peer evaluation
by practice area. Only 5 percent of the lawyers in each state or region are named
Super Lawyers.
http://www.njlaws.com/superlawyer.htm [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2Fsuperlawyer.htm&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
6. 2009-2010 SBHS Wrestling Team was Named Most Improved Team group III & IV by
the GMC Wrestling Coaches Association.
Chad Capraro, Justin Lopez, Frankie Capraro, James Pagano, Justin DeAndrea, and
Jeff Goldhagen all received an Honorable Mention and Brendan Vercammen was named
to the First Team and the Coaches Association all GMC Team.
The GMC award dinner is scheduled for April 20, 2010 at the East Brunswick Elks.
South Brunswick Athletic Director Elaine McGrath will be awarded the "Dedicated
Service to Wrestling Award". If anyone is interested in attending contact Coach
Dougherty.
Brendan Vercammen will also receive the Flanagan Scholar Athlete award
From Home News:
HNT All-Area First Team Wrestling
Mar 27, 2010 |
By GREG TUFARO STAFF WRITER
BRENDAN VERCAMMEN
SOUTH BRUNSWICK
Year: Senior
Highlights: The senior became South Brunswick's third state medal winner in as many
years with a 3-2 victory over Plainfield's Dawud Hicks in the 171-pound fifth-place
final.
Vercammen ranks third all-time in victories at South Brunswick with a 97-21 career
record. He posted a 37-4 mark this season.
Vercammen won titles at the District 20, Greater Middlesex Conference and Mustang
Classic tournaments. He finished second at the Region V Tournament. Last year, Vercammen
won a region title, a district title and placed second in the GMCT.
Vercammen wrestled with an intellect that matched his physical strength, according
to his coaches.
Source: HNT All-Area First Team Wrestling [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.mycentraljersey.com%2Fapps%2Fpbcs.dll%2Farticle%3FAID%3D20103270375&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
7. PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE.
Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents,
and other Business Professionals as a 2nd location or location to meet clients in
Edison.
The offices are located on the 1st floor of the building.
connecting office approx 12.4 x 9.4
plus client use of reception room 16.6 x 7.2
$700 per month
Owner of building is local attorney, Kenneth Vercammen who handles Personal Injury,
Elder Law, and Criminal Law.
Available May 1.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2010. 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, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
April 14, 2010
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
================================================================================
NJLaws.Com LINKS
Main Website with 500 [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In This Issue:
1. REMINDER Friday, April 16 12:15pm [Lunch & Law]
WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR
RECENT CASES:
2. Refusal does not merge into DWI.
3. ALCOTEST READINGS DO NOT NEED TO BE TRUNCATED TO FOUR DECIMALS
4. NEXT EVENTS
5. KENNETH VERCAMMEN, EDISON ATTORNEY AND JOHN MENZEL, ESQ. WERE SELECTED AS 2010
NJ SUPER LAWYERS IN THE CRIMINAL LAW- DWI SECTION.
6. 2009-2010 SBHS WRESTLING TEAM WAS NAMED MOST IMPROVED TEAM GROUP III & IV BY
THE GMC WRESTLING COACHES ASSOCIATION.
7. PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. Reminder: WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR
Friday, April 16 12:15pm [Lunch & Law]
Fee: no cost, includes sandwiches, soda, snacks and Brochures on Wills, "Probate
and Administration of an Estate", Power of Attorney, Living Wills, Real Estate
Sales for Seniors, and Trusts.
COST: Free if you pre-register. This program is limited to 15 people.
Complimentary Sandwiches to pre-registered persons prior to program.
Email:kenvnjlaws@verizon.net [mailto:kenvnjlaws@verizon.net]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Refusal does not merge into DWI. State v Eckert 410 NJ Super. 389 (App. Div.
2009)
A conviction for refusal to submit to a breath examination cannot be merged with
a DWI conviction. Such a plea agreement violated applicable merger principles as
well as the Court's Guidelines for Operation of Plea Agreements in the Municipal
Courts of New Jersey.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Alcotest readings do not need to be truncated to four decimals. State v Rivera
411 NJ Super. 492 (App. Div. 2010)
Reviewing defendant's challenge to the admission of Alcotest results relied upon
to support a per se violation of N.J.S.A. 39:4-50, the court rejected a suggested
methodology requiring the State to truncate the intermediate calculations of the
relative and absolute upper tolerance limits when discerning whether the Alcotest
readings obtained were valid. The court concluded the Supreme Court in State v.
Chun 194 N.J. 54, cert. denied, 129 S. Ct. 158, (2008) expressed no preference for
truncating the various interim calculations on Worksheet A, which would have the
resultant effect of lowering the range of tolerance below that approved by the
Court with the concomitant result of falsely increasing the number of invalid Alcotest
results, precluding justifiable prosecutions for per se violations of N.J.S.A. 39:4-50.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Next events:
April 17, 2010 Jersey Shore Relay For Special Olympics From Seaside Heights To
Asbury Park 732-681-9464 free beer! If you can't run, you can volunteer or pay
to go to party.
April 18, 2010 Rutgers Unite ½ marathon 8am
April 24, 2010 Join the Jersey Shore Animal Center Saturday, April 24th, 2010 for
the 1st Annual Beach to Bay 5K benefiting the Jersey Shore Animal Center. The 5K
will begin and end at Brick Beach 3, Route 35 North, Brick and ample free parking
is available. Registration per runner is $20.00 until April 14th and $25 thereafter.
T-shirts will be giving to the 1st 200 registered runners.
Check-in starts at 7:30AM and the run will begin at 8:30AM
For more information, please check out the Jersey Shore Animal Center website, or
contact (732) 920-1600.
April 25, 2010 Franklin Food Bank 40 mile bike
Sunday April 25, 2010
Bishop Ahr HS 40th Anniversary Mass
And Champagne Lunch
Mass 2pm
Celebrant
Reverend Monsignor Richard Brietske
(First principal of our school)
Followed by Champagne Luncheon
Catanzaro Gym
Proceeds to benefit Saint Thomas Aquinas Wing
$50.00 per person
Reservations please call
732.549.1108 x 605
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Kenneth Vercammen, Edison Attorney and John Menzel Esq. were selected as 2010
NJ Super Lawyer in the Criminal Law- DWI section.
Of over 79,00 attorneys in New Jersey, only five were selected as Super Lawyers
in the Criminal Law- DWI category.
HOW SUPER LAWYERS ARE SELECTED
Bar associations and courts across the country have recognized the legitimacy of
the Super Lawyers selection process. Most recently, the New Jersey Supreme Court
upheld the findings of a Special Master assigned by the court to, among other things,
examine the details of our process. In his July 2008 report, the Special Master
lauded our process, stating:
"[The Super Lawyers selection process] is a comprehensive, good-faith and detailed
attempt to produce a list of lawyers that have attained high peer recognition, meet
ethical standards, and have demonstrated some degree of achievement in their field."
"Suffice to say, the selection procedures employed by [Super Lawyers] are very sophisticated,
comprehensive and complex."
"It is absolutely clear from this record that [Super Lawyers does] not permit a
lawyer to buy one's way onto the list, nor is there any requirement for the purchase
of any product for inclusion in the lists or any quid pro quo of any kind or nature
associated with the evaluation and listing of an attorney or in the subsequent advertising
of one's inclusion in the lists."
OVERVIEW
Super Lawyers selects attorneys using a rigorous, multiphase process. Peer nominations
and evaluations are combined with third party research. Each candidate is evaluated
on 12 indicators of peer recognition and professional achievement. Selections are
made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding
attorneys that can be used as a resource for attorneys and consumers searching for
legal counsel. Since Super Lawyers is intended to be used as an aid in the selection
of a lawyer, we limit the list to attorneys who can be hired and retained by the
public, i.e., lawyers in private practice and Legal Aid attorneys.
The Super Lawyers selection process involves three basic steps: creation of the
candidate pool; evaluation of candidates by the research department; and peer evaluation
by practice area. Only 5 percent of the lawyers in each state or region are named
Super Lawyers.
http://www.njlaws.com/superlawyer.htm [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2Fsuperlawyer.htm&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
6. 2009-2010 SBHS Wrestling Team was Named Most Improved Team group III & IV by
the GMC Wrestling Coaches Association.
Chad Capraro, Justin Lopez, Frankie Capraro, James Pagano, Justin DeAndrea, and
Jeff Goldhagen all received an Honorable Mention and Brendan Vercammen was named
to the First Team and the Coaches Association all GMC Team.
The GMC award dinner is scheduled for April 20, 2010 at the East Brunswick Elks.
South Brunswick Athletic Director Elaine McGrath will be awarded the "Dedicated
Service to Wrestling Award". If anyone is interested in attending contact Coach
Dougherty.
Brendan Vercammen will also receive the Flanagan Scholar Athlete award
From Home News:
HNT All-Area First Team Wrestling
Mar 27, 2010 |
By GREG TUFARO STAFF WRITER
BRENDAN VERCAMMEN
SOUTH BRUNSWICK
Year: Senior
Highlights: The senior became South Brunswick's third state medal winner in as many
years with a 3-2 victory over Plainfield's Dawud Hicks in the 171-pound fifth-place
final.
Vercammen ranks third all-time in victories at South Brunswick with a 97-21 career
record. He posted a 37-4 mark this season.
Vercammen won titles at the District 20, Greater Middlesex Conference and Mustang
Classic tournaments. He finished second at the Region V Tournament. Last year, Vercammen
won a region title, a district title and placed second in the GMCT.
Vercammen wrestled with an intellect that matched his physical strength, according
to his coaches.
Source: HNT All-Area First Team Wrestling [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.mycentraljersey.com%2Fapps%2Fpbcs.dll%2Farticle%3FAID%3D20103270375&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
7. PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE.
Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents,
and other Business Professionals as a 2nd location or location to meet clients in
Edison.
The offices are located on the 1st floor of the building.
connecting office approx 12.4 x 9.4
plus client use of reception room 16.6 x 7.2
$700 per month
Owner of building is local attorney, Kenneth Vercammen who handles Personal Injury,
Elder Law, and Criminal Law.
Available May 1.
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Editor's Note and Disclaimer:
All materials Copyright 2010. You may pass along the information on the NJ Laws
Newsletter and website, provided the name and address of the Law Office is included.
Wednesday, March 10, 2010
NJ Laws Email Newsletter E330
NJ Laws Email Newsletter E330
March 10, 2010
1. Victorious Vercammen – Home News Tribune Wrestling Notebook: …..
Brendan Vercammen became South Brunswick's State third medalist in as many years with a 3-2 victory over Plainfield junior Dawud Hicks, the reigning Union County Tournament champion, in the 171 fifth-place final.
"I wanted to place Top 8 and I got fifth," Vercammen said. "In all the state rankings I wasn't ranked. I wasn't predicted to place, so it feels good."
In their only previous meeting, Hicks pinned Vercammen during a summer tournament. The duo train together at the same club, The Edge.
Vercammen familiarized himself with Hicks' style even further by watching Hicks closely in a 6-4 wrestleback round win over Voorhees' Mike Hafke.
"I watched him wrestle Hafke and Hafke would take shots and Dawud countered him and got the takedowns, so I was kind of anxious to shoot," Vercammen said.
"I'm smart in the way I wrestle. I'll be aggressive, but I know (when) a guy is good at countering shots, I'll try to take it on the mat and go upper body."
More details and wins at http://vercammensport.blogspot.com/2010/03/victorious-vercammen-hnt-wrestling.html
2. New law to protect vulnerable seniors
- In NJ, if you are a firefighter, an EMT, a nurse, an optician, a podiatrist, a dentist, or any licensed health professional, you are now required to report suspected abuse, neglect or exploitation of persons over age 18 years to Adult Protective Services. Every county in NJ has an agency that receives these reports and investigates. Often times, these reports require many visits to determine the facts and to address the needs of the victims. P.L. 2009, CHAPTER 276, approved January 17, 2010
This law now identifies new legal responsibilities for first responders and health care professionals. More than 18 different health care professions are now required by this law to report abuse, neglect or exploitation of a vulnerable adult. These groups included acupuncturists, chiropractors, social workers, occupational therapists, audiology & speech therapists, to name just a few. Grace Egan, the Executive Director of the NJ Foundation for Aging noted, “This law creates a new focus on the silent victimization of vulnerable adults. Now, professionals who work with seniors are required to report which is the first step to ending this cycle of violence. National statistics indicate that only 1 in 20 incidences of abuse or neglect is reported. While this law does not go far enough to provide financial support for more needed services, it does create a legal requirement for professionals to report.”
This law requires reporting of abuse against a vulnerable person who is living in the community. A "vulnerable adult means a person 18 years of age or older who resides in a community setting and who, because of a physical or mental illness, disability or deficiency, lacks sufficient understanding or capacity to make, communicate, or carry out decisions concerning his [or her] well-being and is the subject of abuse, neglect or exploitation.” To report abuse for vulnerable adult living in the community call 1 800-792-8820, or 211 to find the contact information for your county Adult Protective Service Provider (APS). APS contact numbers are also listed on the NJ Foundation for Aging’s website, www.njfoundationforaging.org/services.html
If you or someone you know is 18 years of age or older, living in the community and is subject to abuse, neglect and/or exploitation, a county APS program may be the place to turn! There is an APS program in each of the 21 counties that is monitored and evaluated by state staff. Complainants may be clients, caregivers, family members, agencies or any interested or involved individuals. Calls may be made to the particular county APS office, or to the Public Awareness, Information, Assistance and Outreach Unit toll-free number 1-800-792-8820.
An APS investigation is a thorough assessment of a potential at-risk adult. Within 72 hours of a referral’s receipt, a face-to-face meeting with the adult by a trained APS social worker is required. During this meeting the potential client is interviewed in private. Every effort is made to determine the competence of the adult. Other individuals or agencies that have knowledge of the situation may also be interviewed. When the investigation is complete a report is submitted to the APS Supervisor who will then consult with the social worker and determine if the adult is at risk of abuse, neglect or exploitation. All information generated by the investigation is confidential.
For additional information contact:
New Jersey Department of Health and Senior Services
Division of Aging and Community Services
P.O. Box 812
Trenton, NJ 08625-0812
Phone: 609-341-5467
3. WILLS AND ESTATES — ATTORNEYS' FEES
38-2-7041 I/M/O Sipko, App. Div.
The estate of Gabriela Sipko appeals from the award of attorneys' fees and costs to one of her sons, awarded after a hearing in which it was determined that a codicil to her will effectively disinheriting him was fatally defective because it had only one witness. The Appellate panel affirms, finding that (1) Rule 4:42-9(a)(3) allows for the award of attorneys' fees in probate matters; (2) defendant was the prevailing party and was less able to bear the costs of the litigation; (3) the fee awarded was not excessive; and (4) the trial judge considered all the evidence and articulated her reasons to support the award.
Source: NJLJ njsba-njldailybriefing.com - 03/09/2010
4. Next events: 2010 South Amboy Saint Patrick's Day Parade
Saturday, March 13th, 2010 - 2 pm
Bands and Groups.. look for the White register's tent on the west side of Pine Ave. and Ferris St.
This year's parade will have 13 Pipes Bands and 3 Mummers, 33 Bands in all.
A Pipe & Drum Band directly from Ireland to grace our streets this year
The 2009 parade is scheduled for March 13th, step-off at 2pm. The parade committee is already working on making next year's parade bigger and better.
2010 Woodbridge Saint Patrick's Day Parade
Sunday, March 14th, 2010, step off at 1:30 p.m.
The 2010 Woodbridge Township, New Jersey, 37th St. Patrick's Day Parade, sponsored by the American Irish Association of Woodbridge Twp, NJ, will be held on Sunday, March 14, 2010, step off at 1:30 p.m.
Flag Raising Ceremony @ Town Hall is March 8, 2010 (starts @ 9:00 am) at Woodbridge Town Hall
.
Parade is March 14th, 2010 @ Woodbridge High School (step off @ 1:30pm) Ends at Woodbridge Town Hall.
At 1:30 p.m., the parade steps-off from Woodbridge High School, moves to Freeman Street, onto Linden Avenue, to Amboy Ave. (Route 35) to Main Street, concluding in front of Town Hall. The parade includes more than 80 marching units, including eight traditional Irish Pipe Bands, marching bands representing all three Woodbridge Township High Schools, Irish-themed parade floats and displays, representatives from Township fire departments, first aid and emergency response squads, members of Woodbridge scouting organizations and community, civic, sports and neighborhood associations. After parade Irish party at the Hungarian Club.
2010 Keyport Saint Patrick's Day Parade
Saturday, March 20th, 2010 1 p.m.
The 2010 Keyport St Patrick's Day parade will take place on Saturday March 20th at 1PM rain or shine! The parade will follow the same route as last year starting on Broad St by the high school and ending at Fireman's Park on West Front St. If you are interested in participating in this years event or would like to become a sponsor please contact Bill Larkin at 732-241-0779.
In announcing the event, Kenneth Lawlor-McDonagh’s Pub, spokesperson for the Parade Committee, said Keyport is anticipating an even bigger parade than last year, “and we want to spread the word and encourage everyone in the community to join together, come out and march and support it.” Entertainment throughout the day at McDonagh’s Pub will feature Irish music by Bracken, from Dublin, and Joe Dunn and Friends along with step dancing. The Bulkhead Bar and Grill will have entertainment throughout the day featuring About Time.
Marching pipe bands in this year’s parade are sponsored by: Keyport Fire Department, featuring the Pipes and Drums of the Atlantic Watch; McDonaghs Pub. featuring Middlesex County Police and Fire Pipes and Drums; Bulkhead Bar and Grill, featuring South Amboy A.O.H. Col. David B. Kelly Pipes and Drums; and Keyport Kiwanis and Keyport Business Alliance, featuring Monmouth County Pipes and Drums.
A great addition to this year’s parade is the Frazier Commodore Marching Band, a 100-piece marching band from the Pittsburgh, Pennsylvania area and their Musical Director Rod Staggers. Traveling from Perryopolis Township, located in the Pittsburgh suburbs, the Frazier Commodore Marching Band will visit Keyport through the Keyport Performing Arts Consultants, and add over 100 marching musicians to Keyport’s Saint Patrick’s Day Parade celebration.
Following the parade the fun will continue at McDonagh’s Pub, 2 West Front Street, with live music under the big tent, where awards will be given out for the Best Irish Themed Fire Truck and Best Irish Themed Group participating in the parade. “We’re asking everybody not to party too hard the day before and to save some of that Celtic stamina for Keyport’s parade,” said Grand Marshall, Cheryl Hill “We are passing down a new Keyport tradition,” said Bill Larkin, Keyport Volunteer Fire Department Chief.
Charity races: March 14, 2010 Keith McHeffey 3 Mile Fun Run 11am Sea Bright with beers at Mad Hatter afterwards
3/21/ 2010 St. Paddy’s 10 miler & 5k 9:30 Freehold Keg of beer and some food great FARC event
March 10, 2010
1. Victorious Vercammen – Home News Tribune Wrestling Notebook: …..
Brendan Vercammen became South Brunswick's State third medalist in as many years with a 3-2 victory over Plainfield junior Dawud Hicks, the reigning Union County Tournament champion, in the 171 fifth-place final.
"I wanted to place Top 8 and I got fifth," Vercammen said. "In all the state rankings I wasn't ranked. I wasn't predicted to place, so it feels good."
In their only previous meeting, Hicks pinned Vercammen during a summer tournament. The duo train together at the same club, The Edge.
Vercammen familiarized himself with Hicks' style even further by watching Hicks closely in a 6-4 wrestleback round win over Voorhees' Mike Hafke.
"I watched him wrestle Hafke and Hafke would take shots and Dawud countered him and got the takedowns, so I was kind of anxious to shoot," Vercammen said.
"I'm smart in the way I wrestle. I'll be aggressive, but I know (when) a guy is good at countering shots, I'll try to take it on the mat and go upper body."
More details and wins at http://vercammensport.blogspot.com/2010/03/victorious-vercammen-hnt-wrestling.html
2. New law to protect vulnerable seniors
- In NJ, if you are a firefighter, an EMT, a nurse, an optician, a podiatrist, a dentist, or any licensed health professional, you are now required to report suspected abuse, neglect or exploitation of persons over age 18 years to Adult Protective Services. Every county in NJ has an agency that receives these reports and investigates. Often times, these reports require many visits to determine the facts and to address the needs of the victims. P.L. 2009, CHAPTER 276, approved January 17, 2010
This law now identifies new legal responsibilities for first responders and health care professionals. More than 18 different health care professions are now required by this law to report abuse, neglect or exploitation of a vulnerable adult. These groups included acupuncturists, chiropractors, social workers, occupational therapists, audiology & speech therapists, to name just a few. Grace Egan, the Executive Director of the NJ Foundation for Aging noted, “This law creates a new focus on the silent victimization of vulnerable adults. Now, professionals who work with seniors are required to report which is the first step to ending this cycle of violence. National statistics indicate that only 1 in 20 incidences of abuse or neglect is reported. While this law does not go far enough to provide financial support for more needed services, it does create a legal requirement for professionals to report.”
This law requires reporting of abuse against a vulnerable person who is living in the community. A "vulnerable adult means a person 18 years of age or older who resides in a community setting and who, because of a physical or mental illness, disability or deficiency, lacks sufficient understanding or capacity to make, communicate, or carry out decisions concerning his [or her] well-being and is the subject of abuse, neglect or exploitation.” To report abuse for vulnerable adult living in the community call 1 800-792-8820, or 211 to find the contact information for your county Adult Protective Service Provider (APS). APS contact numbers are also listed on the NJ Foundation for Aging’s website, www.njfoundationforaging.org/services.html
If you or someone you know is 18 years of age or older, living in the community and is subject to abuse, neglect and/or exploitation, a county APS program may be the place to turn! There is an APS program in each of the 21 counties that is monitored and evaluated by state staff. Complainants may be clients, caregivers, family members, agencies or any interested or involved individuals. Calls may be made to the particular county APS office, or to the Public Awareness, Information, Assistance and Outreach Unit toll-free number 1-800-792-8820.
An APS investigation is a thorough assessment of a potential at-risk adult. Within 72 hours of a referral’s receipt, a face-to-face meeting with the adult by a trained APS social worker is required. During this meeting the potential client is interviewed in private. Every effort is made to determine the competence of the adult. Other individuals or agencies that have knowledge of the situation may also be interviewed. When the investigation is complete a report is submitted to the APS Supervisor who will then consult with the social worker and determine if the adult is at risk of abuse, neglect or exploitation. All information generated by the investigation is confidential.
For additional information contact:
New Jersey Department of Health and Senior Services
Division of Aging and Community Services
P.O. Box 812
Trenton, NJ 08625-0812
Phone: 609-341-5467
3. WILLS AND ESTATES — ATTORNEYS' FEES
38-2-7041 I/M/O Sipko, App. Div.
The estate of Gabriela Sipko appeals from the award of attorneys' fees and costs to one of her sons, awarded after a hearing in which it was determined that a codicil to her will effectively disinheriting him was fatally defective because it had only one witness. The Appellate panel affirms, finding that (1) Rule 4:42-9(a)(3) allows for the award of attorneys' fees in probate matters; (2) defendant was the prevailing party and was less able to bear the costs of the litigation; (3) the fee awarded was not excessive; and (4) the trial judge considered all the evidence and articulated her reasons to support the award.
Source: NJLJ njsba-njldailybriefing.com - 03/09/2010
4. Next events: 2010 South Amboy Saint Patrick's Day Parade
Saturday, March 13th, 2010 - 2 pm
Bands and Groups.. look for the White register's tent on the west side of Pine Ave. and Ferris St.
This year's parade will have 13 Pipes Bands and 3 Mummers, 33 Bands in all.
A Pipe & Drum Band directly from Ireland to grace our streets this year
The 2009 parade is scheduled for March 13th, step-off at 2pm. The parade committee is already working on making next year's parade bigger and better.
2010 Woodbridge Saint Patrick's Day Parade
Sunday, March 14th, 2010, step off at 1:30 p.m.
The 2010 Woodbridge Township, New Jersey, 37th St. Patrick's Day Parade, sponsored by the American Irish Association of Woodbridge Twp, NJ, will be held on Sunday, March 14, 2010, step off at 1:30 p.m.
Flag Raising Ceremony @ Town Hall is March 8, 2010 (starts @ 9:00 am) at Woodbridge Town Hall
.
Parade is March 14th, 2010 @ Woodbridge High School (step off @ 1:30pm) Ends at Woodbridge Town Hall.
At 1:30 p.m., the parade steps-off from Woodbridge High School, moves to Freeman Street, onto Linden Avenue, to Amboy Ave. (Route 35) to Main Street, concluding in front of Town Hall. The parade includes more than 80 marching units, including eight traditional Irish Pipe Bands, marching bands representing all three Woodbridge Township High Schools, Irish-themed parade floats and displays, representatives from Township fire departments, first aid and emergency response squads, members of Woodbridge scouting organizations and community, civic, sports and neighborhood associations. After parade Irish party at the Hungarian Club.
2010 Keyport Saint Patrick's Day Parade
Saturday, March 20th, 2010 1 p.m.
The 2010 Keyport St Patrick's Day parade will take place on Saturday March 20th at 1PM rain or shine! The parade will follow the same route as last year starting on Broad St by the high school and ending at Fireman's Park on West Front St. If you are interested in participating in this years event or would like to become a sponsor please contact Bill Larkin at 732-241-0779.
In announcing the event, Kenneth Lawlor-McDonagh’s Pub, spokesperson for the Parade Committee, said Keyport is anticipating an even bigger parade than last year, “and we want to spread the word and encourage everyone in the community to join together, come out and march and support it.” Entertainment throughout the day at McDonagh’s Pub will feature Irish music by Bracken, from Dublin, and Joe Dunn and Friends along with step dancing. The Bulkhead Bar and Grill will have entertainment throughout the day featuring About Time.
Marching pipe bands in this year’s parade are sponsored by: Keyport Fire Department, featuring the Pipes and Drums of the Atlantic Watch; McDonaghs Pub. featuring Middlesex County Police and Fire Pipes and Drums; Bulkhead Bar and Grill, featuring South Amboy A.O.H. Col. David B. Kelly Pipes and Drums; and Keyport Kiwanis and Keyport Business Alliance, featuring Monmouth County Pipes and Drums.
A great addition to this year’s parade is the Frazier Commodore Marching Band, a 100-piece marching band from the Pittsburgh, Pennsylvania area and their Musical Director Rod Staggers. Traveling from Perryopolis Township, located in the Pittsburgh suburbs, the Frazier Commodore Marching Band will visit Keyport through the Keyport Performing Arts Consultants, and add over 100 marching musicians to Keyport’s Saint Patrick’s Day Parade celebration.
Following the parade the fun will continue at McDonagh’s Pub, 2 West Front Street, with live music under the big tent, where awards will be given out for the Best Irish Themed Fire Truck and Best Irish Themed Group participating in the parade. “We’re asking everybody not to party too hard the day before and to save some of that Celtic stamina for Keyport’s parade,” said Grand Marshall, Cheryl Hill “We are passing down a new Keyport tradition,” said Bill Larkin, Keyport Volunteer Fire Department Chief.
Charity races: March 14, 2010 Keith McHeffey 3 Mile Fun Run 11am Sea Bright with beers at Mad Hatter afterwards
3/21/ 2010 St. Paddy’s 10 miler & 5k 9:30 Freehold Keg of beer and some food great FARC event
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