2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, September 18, 2024

E712 VercammenLaw News

 

E712 VercammenLaw News

1 Store manager permitted to use cell to record shoplifter 

2. Appellate Division must follow fact finding by lower courts

3. Outdoor Community Events 9/5-9/15

4  HELP WANTED - Clerk for Law Office – – Answer phones, email interview forms, Witness Wills

5 Photos Higgins Irish cousins at Family housewarming

6 Belgium cousins at Family housewarming

7 Aug 2 Happy hour view to top at Headliner

Recent cases

1 Store manager permitted to use cell to record shoplifter State v. Perdomo 

 Defendant appealed her conviction for shoplifting. Defendant was charged with shoplifting after she was alleged to have pretended to make a product exchange when she actually had brought no merchandise into a store. Defendant's activities were recorded by surveillance cameras in the store, but because such videos were automatically deleted in about 30 days, the assistant store manager recorded the videos onto her cell phone to preserve them. Upon trial, municipal court found defendant guilty of shoplifting. On de novo review, trial court affirmed. Defendant appealed, arguing that the surveillance videos were inadequately authenticated, the store manager prejudicially described defendant as "a person of interest," and State failed to prove her guilt of shoplifting beyond a reasonable doubt. Court affirmed. The surveillance videos were properly authenticated where the store manager provided an ample foundation for the recordings. The manager had personal knowledge of many of the events depicted, was familiar with the store's routine for creating and storing surveillance videos, and offered justification for re-recording the videos to avoid their potential erasure. Nor was there reversible error in the manager's testimony explaining that store personnel were monitoring defendant's actions as a "person of interest." The term could suggest that defendant had committed shoplifting or other bad acts in the past, but it was not "clearly capable" of producing an unjust result in defendant's non-jury trial. Finally, State's proofs were ample to establish defendant's guilt beyond a reasonable doubt. Unreported A-0942-22 Source NJLJ 12/25/23


2. Appellate Division must follow fact finding by lower courts State v. Molina

  Defendant appealed his conviction of the petty disorderly offense of disorderly conduct. Police were called by a bar owner when defendant allegedly refused to pay his bar tab. Defendant, who appeared to be inebriated, was generally uncooperative and had to be physically restrained by police. Defendant subsequently was charged with a petty disorderly offense for yelling and refusing officers' orders to leave the area. Upon hearing before municipal court, the charging officer testified, as did defendant and a witness that defendant proffered. Defendant maintained he was arrested without reason and that police escalated the encounter when he attempted to start recording with his cell phone. Municipal court deemed officer's testimony credible and rejected defendant's testimony as not credible. Municipal court found that defendant violated N.J.S.A. 2C:33-2(a), governing petty disorderly conduct. Upon de novo review, trial court accepted municipal court's findings and found defendant guilty of disorderly conduct. 

        In a subsequent amplification of trial court's decision, trial court rejected defendant's assertion, first made during trial de novo, that municipal court judge had a conflict of interest because he had served in the past as counsel for the township and its police department while sitting as municipal court judge. Trial court deemed defendant barred from pursuing the claim because he failed to raise it before municipal court. Defendant appealed. Court affirmed for substantially the reasons set forth in trial court's opinion and subsequent amplification. Court noted the limited scope of its review where trial court held trial de novo based on the record developed in municipal court. In addition, where trial court agreed with municipal court, the "two-court rule" had to be considered. Under that rule, appellate courts ordinarily should not undertake to alter concurrent findings of facts and credibility determinations made by two lower courts, absent a very obvious and exceptional showing of error.  A-2474-21  Unreported Source NJLJ December 18, 2023


3. Outdoor Community Events 9/5-9/15

9/5 Pat Roddy Band Long Branch Pier Village Thursday 7pm

https://www.facebook.com/events/2269352436738883/


9/7 Edison  Elks end of summer bash with band, 

End of Summer Bash at the Edison Elks

Featuring: Grey Ghost Project Band

Saturday, September 7, 2024

Time: 1PM – 6:30 PM

Where: Edison Elks Pool and Grove 

Cost: $20PP for Members and Guests and friends of Ken Vercammen

     If you are not an Edison Elk, email Ken V to be added to our VIP guest list.

Hamburgers

Hotdogs 

Salads

Corn on the Cob

Watermelon 

Desserts 

Water/Soft drinks 

      *Beverages available for purchase 

         Pool is open!

Food/Dessert Donations Welcome

4PM Cannon ball contest 

6PM Super 50/50 drawing 

5:59 pm Elks sing God Bless America

Edison Elks 2487

375 Old Post Road

Edison NJ 08817-4653

(732) 985-2487

https://www.facebook.com/photo/?fbid=10224777391973131


9/10 Woodbridge  John Mellencamp Tribute  Human Wheels 7:30

  7:30 PM

http://www.woodbridgeartsnj.org/tribute-tuesdays.html


September 11, 9/11 Remembrance Run 6pm

  Belmar, NJ – JSRC Event boardwalk 3 mile not a race free 

https://www.jsrc.org/9-11-memorial-run

then Friendly Sons of the  Shillelagh FSOS Belmar

815 16th Ave, Belmar, NJ 07719 


September 12, 2024 Endless Summer Networking Reception 

New Jersey Association for Justice

6:00 pm - 8:00 pm  Thursday,

The Rum Runner

Sea Bright, NJ

Join your colleagues to network with food and fun.

All are welcome to attend.

Hosted by the NJAJ Matrimonial Trial Lawyers Section.

https://www.nj-justice.org/?pg=events&evAction=showDetail&eid=284662&evSubAction=listAll


9/13 Monmouth and Middlesex Bar Associations YLC Volleyball Tournament

Headliner 1401 NJ 35, Neptune, NJ, United States

Join us at the Headliner for the Monmouth Middlesex Bar Associations Volleyball Tournament Friday, September 13th starting at 6:00 P.M. Cost: $150.00 per team or $25.00 a player Spectators $20.00 https://secure.lawpay.com/pages/monmouthbarassociation/volleyball-tournament Light fare and two drink tickets INCLUDED!

 RSVP by 9/6/2024


Sat – September 14th @ 9:30 a.m.

Bar Foundation Tennis & Pickleball Outing

Ronald Spevack Memorial Tennis Center

56 Brighton Ave, Perth Amboy

9:30am registration

10am-1:30pm round-robin co-ed play

Refreshment & light snacks to be provided

Open to bar members, family and friends

$50 per person

https://www.mcbalaw.com/events/EventDetails.aspx?id=1663812&group=


Sat – September 14th 

1/2 to St. Patrick Friendly Sons of the  Shillelagh FSOS Belmar 

3pm-8 Members only 


9/14 Earth, Wind & Fire and Chicago PNC


9/15 Springsteen at Sea Hear Now Asbury Park via boat


4  HELP WANTED - Clerk for Law Office – – Answer phones, email interview forms, Witness Wills, misc. law office duties 

$15.00 per hour start

Set Hours to be set by person between 8:50am-2pm. Selected applicant will work out their schedule to be the same each week . 


Minimum 12 hours per week.   This is in person, not virtual


        TYPICAL LAW OFFICE DUTIES

-Telephone Answering

-Email Interview forms

-Witness Wills

-Adding client names to computer database, open files, prepare letters, and work on client Estate Planning matters.

-Helping clients in probate cases and adding checks to excel list

- Preparation of documents on Computer and email to courts

-General Office duties in Law Office

-Update mailing/ client lists and learn marketing

-All other work needed including working on litigation cases

 A good way to learn NJ Law Office procedures

Must be dependable and committed to perfection. 

    Email Cover Letter & Resume to Law Office of Kenneth Vercammen  Vercammenlaw@njlaws.com  

Check out our website at www.njlaws.com to see more information on our law office.

 

Persons interested in a career in law can obtain knowledge and experience in law office procedures, preparing legal correspondence, and assisting clients.


            WILLS & PROBATE PRACTICE

1.    Act as formal witness to Wills, Power of Attorney and other legal documents

2.    Work on Motions to remove executors and compel accounting

3.    Publicize Will seminars and attend programs free of charge

Work on Community Relations and marketing projects including submitting articles to legal websites and search engines and Blogs


Work on Criminal, Municipal Court and DWI cases:

1.   Contact Municipal Prosecutors to obtain discovery and police reports

2.   Contacts with Court and County Prosecutor’s Office

3.   Prepare hearing notice to clients

4.   Speak with clients and witnesses prior to hearings

5.    Prepare end of case letters to client

6.   Attend hearings and motions

Added recent Criminal and Civil cases to our Blog

Add new court rules and statute to the Criminal statute blog  


Must live within 45 minutes of office in Edison.


5 Photos Higgins Irish cousins at Family housewarming:

Higgins Irish

6 Belgium cousins at Family housewarming:



7 Aug 2 Happy hour view to top of Headliner Club:

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E711 VercammenLaw News

 

E711 VercammenLaw News

1 Have a Power of Attorney prepared for your college children and adult children traveling out of state

2 Recent cases FRO reversed were an insufficient record for appeal court to evaluate all the testimony.

3  Conviction for violating governor order reverse where person engaged in political activity opposing Murphy Orders

4 Fall Upcoming Running Races for Charity 

 5 Office space for rent 

1 Have a Power of Attorney prepared for your college children and children traveling out of state

    There are many good reasons to consider getting a Power of Attorney and Medical Directive for your adult “child”. A prominent Monmouth County Law office wrote while you made certain decision for your child before he or she turned 18, you have no authority to take action now. In the event your child becomes ill or has a serious accident while they are away, you do not have legal right to withhold Power of Attorney, it is important to have a plan in place to deal with their health, financial, educational and legal needs.


Durable Power of Attorney to handle finances will enable you to take care of tasks for your child. This includes: registering their car; communicating with their college about issues which fall under HIPAA, like grades and disciplinary actions; completing financial transactions at their bank, their college, etc. If your child runs in to an issue with their passport while they are overseas, you can be assured that you have the authority to help.

       Living Will or Health Care Directive is important in the event of an accident or illness. You will be able to talk to medical staff and make decisions on your child’s behalf, if necessary.


       While you may never need to use these documents, it is better to be safe than sorry!


KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave

Edison, NJ  08817 

(Phone) 732-572-0500

(Fax) 732-572-0030

" POWER OF ATTORNEY POA QUESTIONNAIRE"

         This is for a Power of Attorney only and not a new Will. 

           We also use this Interview form if you want a Living Will. Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.

         Please be sure to check all appropriate boxes. If "NONE", please state "NONE".  

If "NOT APPLICABLE", please state "N/A".

PLEASE PRINT CLEARLY 

1.    Your Full Name [person who is signing the Power of Attorney]


First  Last __________________________ 


2.    IF MARRIED OR SEPARATED, complete (a) and (b) below:

(a) Spouse's Full Name: [none, write none]


First  Last __________________________


3.  Address: ___________________________

                 Street Address: City State   Zip Code  

              

4.    Telephone Numbers:                 

 

Cell: _______________________________     

                                                                                       

Other phone ________________________


5.    E-mail address: _____________________________ 


6. Referred By: ______________________

         If referred by a person, is this a client or attorney?  If you heard about the law office on the Internet, which search engine?  What search terms did you use?


7. Today's Date ____________________


How can we help you? What are your questions/other important information?


_____________________________________________


_____________________


[It is required that you speak directly with the attorney to avoid conflicts of interest]


        Your Marital Status:           [  ] Single       [  ]  Married        

[  ]  Separated [  ] Divorced     [  ]  Widowed



   Personal representative for Power of Attorney

         The person charged with administering bills, paying taxes and/or other debts, preserving, managing, and distributing assets and property is called the Personal Representative. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Personal Representative, followed by the child who lives closest to your home. 

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

1. PRIMARY Choice of Personal Representative for Power of Attorney:


Name: First  Last _________________________


Relationship: _______________ 

Address: ______________


2. SECOND Choice of Personal Representative:

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


Name: First  Last _________________________


Relationship: _______________  

Address: __________________


         The two proposed of Personal Representatives must be typed prior to speaking with the attorney. We do not ever recommend Joint Personal Representatives, which often cause conflicts and additional work. It is best to select one primary person, then a secondary person. 

         

       To comply with NJ Ethics opinions, We must speak with the person prior to preparing the documents. If you request the attorney to travel outside the office, the attorney charges an additional $600 out of office travel fee.  The Law Office building has four steps in the front so please advise us if you need accommodation ahead of time.



2 Recent cases FRO reversed were an insufficient record for appeal court to evaluate all the testimony.

L.H. v. P.H.,  On Vercammenlaw YOUTUBE

     Defendant appealed the final restraining order entered in favor of his sister. The parties were adult siblings who had not resided together since 1985. Their relationship became contentious following their father's death in 2020, due to disagreements over father's estate.   

    Defendant encountered plaintiff's husband in a store, husband called plaintiff to come to the store and they all argued. Defendant alleged sister and her husband hit him, chased him and threatened to have him murdered. Plaintiff and defendant obtained cross-temporary restraining orders. Two sisters obtained individual TROs against defendant regarding separate verbal allegations, also alleging harassment. 

     Trial court found plaintiff was credible, defendant was not, dismissed defendant's TRO and found a FRO was necessary to protect plaintiff. The FRO included plaintiff, her husband, the other two sisters and a nephew. Appeal Court reversed and vacated the FRO. 

    Appellate Court found trial court erred in failing to ensure an accurate interpretation of the record and there was an insufficient record for court to evaluate all the testimony. Trial court's finding that defendant harassed plaintiff at the store was not supported by the record. Defendant's actions towards brother-in-law could not establish the predicate act of harassment against plaintiff sister. Sister was not at the store until her husband called her to come and she never testified that defendant touched her. Trial court also did not provide sufficient findings of fact to support its decision to add additional protected parties to the FRO. DOCKET NO. A-0577-22 source Daily Briefing - 04-04-24  


3  Conviction for violating governor order reverse where person engaged in political activity opposing Murphy Orders

State v. French unreported

     Defendant appealed his convictions for violating Executive Order 107 and N.J.S.A. 39:4-34. Defendant was stopped by police on two occasions when they observed him walking on the side a highway, making lewd gestures and holding up signs toward passing motorists during the COVID-19 pandemic. Defendant allegedly shook his genitalia from outside his clothing, raised his middle finger and failed to cross within a crosswalk. Defendant was also charged for walking along the highway while holding up signs stating "PHUCK," "#THIN BLUE" and "Slow Down Police Ahead" in noncompliance with the gubernatorial stay at home mandate. Municipal court convicted defendant of violating EO 107 and walking with traffic. Defendant appealed to the Law Division which deferred to municipal court's credibility determinations and upheld the convictions. Defendant argued he was engaged in conduct exempted from EO 107, including walking, political activity and commuting from his job. Court found defendant's protesting constituted political activity for the purposes of EO 107 and the charges under EO 107 had to be dismissed. Additionally, defendant's noncompliant behavior was intertwined with his outdoor political activity. Court deferred to Law Division's factual findings on the walking with traffic charge and affirmed that conviction. A-3621-21Source Daily Briefing December 13, 2023


4 Fall Upcoming Running Races for Charity 

9/7 Fallen Heroes 5k Memorial Run Bar Anticipation, Lake Como 5k 9:00

https://raceroster.com/events/2024/89695/2024-fallen-heroes-5k

https://www.facebook.com/www.njfmba.org/


September 11, 9/11 Remembrance Run 6pm JSRC , Belmar, NJ – JSRC Club Event boardwalk 3 mile not a race free https://www.jsrc.org/9-11-memorial-run


9/15/24 Edison VFW 3117 5k Sat September 17, 9am Edison, NJ 08817  https://runsignup.com/Race/Info/NJ/Edison/EdisonVFW31175k

 

10/5 Shillelagh Pat Magovern 5K 

Lake Como, NJ 07719 [Belmar] FSOS

https://runsignup.com/Race/NJ/LakeComo/Shilleagh5KandOneMileWalk


October 6 Seaside 5k @ 8:00 am - 1:00 pm

47TH SEASIDE HALF MARATHON AND 5K

https://oceanrunningclub.org/event/47th-seaside-half-marathon-and-5k/

or

10/6   Little Silver 5K  Sunday Oct 06, 2024 8:15AM

https://www.littlesilver5k.com

https://www.raceforum.com/lsc


11/3  watch NYC Marathon  [Ken competed in NY marathon twice]

10/10 Hashathon 6 Mile Treacherous Trail Run, 11am

JSRC Hashathon - Matawan, NJ - 

https://runsignup.com/Race/NJ/Matawan/Hashathon


November 16 River Rock 'N Run 5K  Solo 5K 9am

Sat, 2024

https://www.adventuresignup.com/Race/Events/NJ/Brick/riverrock


11/23 Manasquan Turkey Run  5-mile Sat 11am party at Leggett’s after race discount beer co-sponsor Wakefern Shoprite jsrc.org Manasquan Little League Field, Manasquan New Jersey https://runsignup.com/manasquanturkeyrun


11/29 Born to Run 5 mile Freehold 11am Friday after Thanksgiving great Freehold FARC event. A free beverage after the race. https://runsignup.com/Race/NJ/Freehold/BorntoRun5Mile

11/30  Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday Rumson Hasher HHH  Saturday 10:17

12/1/24  Navesink Challenge 12k & 5k  10am  10:10 for 5k Post race at Red Bank elks[Ken V runs 5k] https://www.jsrc.org/navesink-challenge


12/7 Jingle Bell 5k (Holmdel) 9am

https://events.arthritis.org/index.cfm?fuseaction=register.start&eventID=1693

12/7 Asbury Santa Run 10am https://www.apsantarun.com


12/ 8   Toys for Tots 5K  10am Freehold NJ Tighe Park  

https://www.farcnj.com/races/


12/14  Big Chill 10am

https://runsignup.com/Race/NJ/NewBrunswick/RutgersBigChill5K

 5 Office space for rent 

PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE

2053 Woodbridge Ave.

Edison, NJ 08817


 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.

2 rooms office   

office room # 6 approx 12.4 x 9.4       

and front room appr 8 x 9 -office room # 5

plus use of reception room  16.6 x 7.2

   Previously used by Robert Blackman, late former Judge and Prosecutor of Edison

         

$600 per month   

Call 732-572-0500

    Owner of building is local attorney, Kenneth Vercammen who handles Municipal Court, Estate Planning & Probate, and Criminal Law. 


Thank you for reading and sharing our Newsletter.

 


Friends and clients can help us by....

 








Adding a great review on Google:

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