NJ Laws Email Newsletter E282

September 9, 2008

In This Issue
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1. Recent Cases: Crawford Hearsay Rule does not apply to Breathalyzer Certification.

2. Step Down Post Conviction Relief must be filed in Original Court.

3. "CONFIDENTIAL POWER OF ATTORNEY QUESTIONNAIRE"

4. Septembers Charity and Community Events.

5. A Taste of Sea Bright" Saturday, September 27th.

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1. Recent Cases: Crawford Hearsay Rule does not apply to Breathalyzer Certification. State v. Sweet ___ NJ ___ (Decided 6-23-08) A-1-07.

The ampoule testing certificates and the breath testing instrument inspection certificates are hearsay statements admissible under the business records exception to the hearsay rule. Those records also are nontestimonial and thus are admissible under the Confrontation.
2. Step Down Post Conviction Relief must be filed in Original Court. State v. Schadewald 400 NJ Super. 350 (App. Div. 2008).

A defendant convicted of a second or subsequent offense of driving while intoxicated (DWI), N.J.S.A. 39:4-50, who seeks a step-down in sentence on the ground that one or more of the prior convictions were uncounseled, pursuant to State v. Laurick, 120 N.J. 1, cert. denied, 498 U.S. 967, 111 S. Ct. 429, 112 L. Ed. 2d 413 (1990), must first petition for post- conviction relief (PCR) in the municipal court in which the prior uncounseled conviction occurred. The PCR proceedings in municipal court are governed by Rule 7:10-2(f) and (g).
3. "CONFIDENTIAL POWER OF ATTORNEY QUESTIONNAIRE.

We recommend a Durable Power of Attorney in the event of your physical or mental disability to help you with financial affairs. Fees for Power of Attorney has been reduced from $175 to $100 if signed and completed by September 27.

Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.

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

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

PLEASE PRINT CLEARLY

1. Your Full Name:

________________________________________
First Last
2. IF MARRIED OR SEPARATED, complete (a) and (b) below:
(a) Spouses Full Name:

________________________________________
First Last

3. Your Street Address:
________________________________________

City _____________________________
State ____ Zip Code ______________

4. Telephone Numbers:

Cell: _________________________________

Day: __________________________________
Night: ________________________________

5. E-mail address:

________________________________________

6. Referred By:
___________________________________________

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

7. Todays Date ____________________

We recommend a Durable Power of Attorney in the event of your physical
or mental disability to help you with financial affairs?
Yes ________ No ________

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

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

_________________________________________

_________________________________________

_________________________________________

[It is required by Court Rules that all pages be filled out in persons own handwriting prior to seeing the attorney to avoid conflicts of interest]

8. Your Sex: [ ] Male [ ] Female

9. Your Marital Status:
[ ] Single [ ] Married [ ] Separated
[ ] Divorced [ ] Widowed

10. Your Date of Birth:
_____________________ SS # ________________
Month Day Year

11. Spouse Date of Birth:
____________________ SS # _________________
Month Day Year

2. Personal representative

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

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

1. PRIMARY Choice of Personal Representative:

Name: _______________________________________
First Last

Relationship: ___________________
Address: ________________________

2. SECOND Choice of Personal Representative:

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

Name: _______________________________________
First Last

Relationship: ___________________
Address: ________________________

The two proposed of Personal Representatives must be filled out prior to meeting the attorney. We do not recommend Joint of Personal Representatives, which often causes conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person.
4. Septembers Charity and Community Events.

Sept 11 Patriots Day rite Metuchen Freedom Plaza 8:30

Sept 11 Edison Elks patriotism rite 8pm Never forget, always remember

Sept. 12 & 13 Edison Festival Amboy Ave

Sept. 12 Brendans Birthday

Sept 15 Municipal Court Seminar

Sept. 16 Middlesex Worlds largest networking

Sept. 17 Middlesex Bar-Pines-Civil Rules; 5pm

Sept 20 Keyport 5k and Festival

Sept. 20 Edison Elks Pig Roast

Sept 21 JSRC Jersey Shore at Monmouth Racetrack

Sept. 22 NJSBA Municipal Court meeting

Sept 24 Middlesex Bar Association Legislators breakfast

Sept 27 Sea Bright Restaurant Trolley Tour more details below

Oct. 4 Metuchen Fair

Oct. 6 1:30 Biz Mania

Oct. 11 Thin Mike Sydor & Lance Tkacs Almost 60 Party

October 18 Annual Far Hills Steeple Chase Race "The Hunt" Saturday Post Time 1:00 p. m.
Moorland Farms, Far Hills, New Jersey $80.00 per person

Oct. 21 Wills - East brunswick 7pm -8:30pm Tuesday
5. A Taste of Sea Bright" Saturday, September 27th.

Ride the trolley and hop to 27 different stops for samplings of food, drinks, cocktails, door prize drawings, and incredible free giveaways!

TROLLEY HOP
Noon - 6 p.m.

Buy Your Admission Bracelet

now FOR ONLY $20.00
(Admission bracelets will cost $30 on the day of the event.
Details at
http://www.visitseabright.com/atsb-event-goers.html

Purchase admission bracelets
At below listed Sea Bright businesses
Adrenaline
Andy Ks
Smokers Haven
Anjelicas
Better Homes
Sea Bright
Brahma Yoga
Driftwood Cabana Club
Elements
Gaiters
Ichabods
Lia
The Liquor Store at Sea Bright
The Mad Hatter
McLoones
Northshore
Ocean Avenue Grill
The Palm
The Quay
Riverside Cafe Pool Bar (@ The Fairbanks)
Rosss Dockside Steak & Seafood
Salon Mari
Sea Bright Pizza
The Shack
Something Fishy
Tracy Lynn
Spa and Salon
Trattoria "G"
Valkyrie
Squash Club
Yumi

When you purchase your admission bracelet, you will also receive a map/passport. The admission bracelet and map/passport will entitle you to samplings of food, drinks, cocktails, door prize drawings, and incredible free giveaways at 27 different stops on the map -- and unlimited rides on the trolley during the event.

Each stop on the map is unique and will offer something different. It is at the discretion of each establishment as to what they will provide event-goers. The food served by the participating restaurants is limited to a "sampling". Any restaurant offering an alcoholic beverage has a limit of one complimentary serving per person, and you must be 21 years of age. You may be asked for identification to prove you are of legal drinking age at each stop...so dont forget to bring your I.D.
What is the Probate Surrogate?

In New Jersey the County Surrogate handles the probate of an original Will. Some people refer to the Surrogate as the "Will Clerk." However, the Surrogate can only admit to probate the original Will. The Surrogate cannot admit a photocopy.

To admit a photocopy, a complaint must be filed in the Superior Court and a hearing held before a Judge.

Thank you for reading our newsletter! God Bless America USA #1

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Our Law blogs:

NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/

NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog -http://elder-law.blogspot.com/

We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.

"Celebrating more than 22 years of providing excellent service to clients 1985-2008" Former Prosecutor.

Free T- shirts and soda can holders available for all current and past clients. Please come into office.

Editors Note and Disclaimer:

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

website: www.njlaws.com

Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court

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Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

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Meet with an experienced Attorney to handle your important legal needs. Please call the office to schedule a confidential "in Office" consultation. Attorneys are not permitted to provide legal advice by email.

Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the “soft” approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you don’t protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim.

Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- “For Settlement Only” -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.

This means:
YOU DON’T OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.

Call our office to schedule a "confidential" appointment 732-572-0500

Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

Admitted In NJ, US Supreme Court and Federal District Court.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

Directions to Ken Vercammen and Associates

Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement.