NJ Laws Email E282 September 9, 2008 Kenneth Vercammen, Attorney at Law 732-572-0500 1Recent Cases 1 Crawford Hearsay Rule does not apply to Breathalyzer Certification. 2. Step Down Post Conviction Relief must be filed in Original Court.
3. "CONFIDENTIAL POWER OF ATTORNEY QUESTIONNAIRE" 4 September’s charity and community events 5. A Taste of Sea Bright" Saturday, Sept. 27 1Recent Cases 1 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 7:102(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. Fee for Power of Attorney has been reduced from $175 to $100 if signed and completed by September 27. Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney. Please be sure to check all appropriate boxes. If "NONE", please state "NONE".
If "NOT APPLICABLE", please state "N/A". PLEASE PRINT CLEARLY 1. Your Full Name: ___________________________________________________________ First Last 2. IF MARRIED OR SEPARATED, complete (a) and (b) below: (a) Spouse's Full Name: ______________________________________________________ First Last 3. Your Street Address: ____________________________________ City ____________________ State ____ Zip Code ______________ 4.
Telephone Numbers:
Cell: _______________________________
________________________
Day: ____________________/Night: ________________________ 5.
E-mail address: _______________________________________
6. Referred By: ___________________________________________ If referred by a person, is this a client or attorney? If you heard about the law office on the internet, which search engine? What search terms did you use?
7. Today's Date ____________________ We recommend a Durable Power of Attorney in the event of your physical or mental disability to help you with financial affairs? Yes ________ No ________ We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan? Yes ________ No ________ How can we help you? What are your questions/other important information? _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________
[It is required by Court Rules that all pages be filled out in person's own handwriting prior to seeing the attorney to avoid conflicts of interest] 8.
Your Sex:
[ ] Male [ ] Female
9. Your Marital Status: [ ] Single [ ] Divorced [ ] Widowed
[ ] Married
[ ] Separated
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 in whom you have trust and confidence. Your SPOUSE is usually named as primary Personal Representative r, 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 Representative s must be filled out prior to meeting the attorney. We do not recommend Joint of Personal Representative s, which often cause conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person.
4 September’s charity and community events Sept 11 Patriot’s Day rite Metuchen Freedom Plaza 8:30 Sept 11 Edison Elks patriotism rite 8pm Never forget, always remember Sept. 12 & 13 Edison Festival Amboy Ave Sept. 12
Brendan's Birthday
Sept 15
Municipal Court Seminar
Sept.16
Middlesex World's largest networking
Sept. 17
Middlesex Bar - Pines - Civil Rules; 5 pm
Sept 20
Keyport 5k and Festival
Sept. 20
Edison Elks Pig Roast
Sept 21
JSRC Jersey Shore at Monmouth Racetrack
Sept. 22
NJSBA Municipal Court meeting
Sept 24
Middlesex Bar Association Legislator’s breakfast
Sept 27
Sea Bright Restaurant Trolley Tour more details below
Oct. 4
Metuchen Fair
Oct. 6
1:30 Biz Mania
Oct. 21
Wills East Brunswick 7:00-8:30 Tuesday
Oct. 11
Thin Mike Sydor & Lance Tkacs almost 50 Party -
October 18, 2008 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
5. A Taste of Sea Bright" Saturday, Sept. 27 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 Adrenaline Andy K’s Smoker’s Haven Anjelica’s Better Homes Sea Bright Brahma Yoga Driftwood Cabana Club Elements Gaiters Ichabods Lia The Liquor Store at Sea Bright The Mad Hatter McLoone’s Northshore Ocean Avenue Grill The Palm The Quay Riverside Cafe Pool Bar (@ The Fairbanks) Ross’s Dockside Steak & Seafood Salon Mari Sea Bright Pizza
The Shack Something Fishy Tracy Lynn Spa and Salon Trattoria “G� Valkyrie Squash Club Yumi
When you purchase your admission bracelet, you will also receive a map/passport. The admiss bracelet and map/passport will entitle you to samplings of food, drinks, cocktails, door prize drawing incredible free giveaways at 27 different stops on the map -- and unlimited rides on the trolley during event. Each stop on the map is unique and will offer something different. It is at the discretion of eac establishment as to what they will provide event-goers. The food served by the participating restaura limited to a "sampling". Any restaurant offering an alcoholic beverage has a limit of one complimenta per person, and you must be 21 years of age. You may be asked for identification to prove you are o drinking age at each stop...so don't forget to bring your I.D. 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
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.
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Free T- shirts and soda can holders available for all current and past clients. Please come into office. Editor's Note and Disclaimer: All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court