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Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs
      

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977
Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free 800-655-2977

 

NJ Laws Email Newsletter E267

February 7, 2008

In This Issue
_______________

1. Palimony expanded in New Jersey

2. Contract Like support/palimony case could be heard in Probate Court

3. Suit for tortious interference with a Bequest must be filed in Probate Court

4. Drug Court Expanded in NJ

5. Hardship Exemption to Avoid Driver License Suspension Explained

6. Volunteer Legal Interns Needed, Public Defender of Metuchen

--------------------------------------------------------------------------------

Greetings,

1. Palimony expanded in New Jersey.

Rosemary Connell v. Edward Diehl 01-08-08

A-2331-05T5

The court held in this palimony action that the supporting person's sole ownership of assets accumulated during their uninterrupted thirty-year cohabitation was not inconsistent with a promise of support for life. The court also held that the dependent person was not required to prove that she expected any remuneration for her efforts to contribute to their marital-type lifestyle over the years. Finally, the court held that a trial judge in calculating a lump-sum palimony award is not required to place the dependent person in the lifestyle she and the supporting person enjoyed, but rather to provide reasonable support sufficient to meet her minimal needs and prevent the necessity of public welfare, and in doing so must consider inflation in calculating the lump-sum award.

2. Contract Like support/ palimony case could be heard in Probate Court.


In the Matter of the Estate of Robert O. Quarg, deceased 1-23-08
A-2459-06T3

Decedent's wife, from whom he had been estranged for over forty years, appealed the Chancery Division's order imposing a constructive trust on her surviving spouse's share of decedent's intestate estate in favor of decedent's companion, with whom he had lived since shortly after the estrangement. The court held that, decedent's conduct and actions, together with the lengthy time decedent and his companion lived together, and their mutual consideration as husband and wife, was sufficient to establish a question of fact whether there was an implied promise by decedent to ensure that his companion received adequate provisions during the remainder of her life. The court determined that the Chancery Division mistakenly relied upon an equitable principle of a constructive trust and the court remanded the matter for a determination whether such an implied contractual promise could be established.

3. Suit for tortious interference with a Bequest must be filed in Probate Court Felix M. Garruto, et al. v. Lorraine Cannici 12-21-07.

A-2447-06T1

The Court held that an action for tortious interference with a bequest, premised upon undue influence by means of fraud, is barred when plaintiffs, with knowledge of probate proceedings, have failed to file a timely challenge to the will in probate court.

4. Drug Court Expanded in NJ. State v. Meyer 192 NJ 421 (2007)


Nonviolent drug-dependent defendants who are not eligible for special probation under N.J.S.A. 2C:35-14 may be admitted into Drug Court if they meet the admission requirements in the AOC's Drug Court Manual.
5. Hardship Exemption to Avoid Driver License Suspension Explained. State v. Bendix ___ NJ Super. ___ (App. Div. Decided October 11, 2007)

A-6508-05T3

The court concluded that the trial court took too restrictive a view of the court's discretion, under N.J.S.A. 2C:35-16a, to grant defendant a hardship exception from the requirement that his driver's license be suspended due to his conviction for drug offenses. In remanding for a new hearing on the exception issue, the court provided guidance as to the proper procedures for conducting the hearing. Defense counsel should present his client's application through formal witness testimony, and the State's opposition should likewise be presented through testimony rather than representations of counsel. (*Approved for Publication date).
6. Volunteer Legal Interns Needed - Public Defender of Metuchen


The Public Defenders provide Indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender now offers Wednesday night Internships. The Public Defender of Metuchen again invites college students interested in attending law school or a career in law enforcement to serve as volunteer interns. Can you spare one night per week to help indigent people in need?


Wednesday 4pm PM [approx]- 8:30 PM , Friday 9-2 optional


Mail or fax cover letter and resume to 732-572-0030 fax
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave.
Edison, NJ 08817

VOLUNTEER INTERNSHIP DESCRIPTION:

INTERVIEW CLIENTS FACING CHARGES IN MUNICIPAL COURT INCLUDING DRUG POSSESSION, DRUNK DRIVING, ASSAULT, THEFT, DRIVING WHILE SUSPENDED AND OTHER DISORDERLY AND TRAFFIC OFFENSES

MAKE DEMANDS FOR DISCOVERY AND REVIEW POLICE REPORTS

ATTEND TRIALS AND LEARN FROM EXPERIENCED TRIAL ATTORNEYS, PREPARE MOTIONS TO SUPPRESS AND MOTIONS TO DISMISS.

CONDUCT APPROPRIATE LEGAL RESEARCH

ACQUIRE SKILLS IN CRIMINAL LAW AND PROCEDURE BY ACTIVE PARTICIPATION

PARTICIPATE IN MARKETING PROJECTS AND PUBLIC RELATIONS ACTIVITIES

Update Lists of Prosecutors, Judges and Attorneys for publication of NJ Municipal Court Law Review.
Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude.

In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck. Minimum time commitment 10 hours per week.

Mail or fax cover letter and resume to Kenneth Vercammen, Esq. 732-572-0030 fax Public Defender for the Borough of Metuchen c/o 2053 Woodbridge Avenue, Edison, NJ 08817.
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NJ Elder Law Blog -http://elder-law.blogspot.com/

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"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor

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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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       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, NY, PA, 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.

Ken Vercammen articles.

Ken Vercammen's Resume
Directions to Ken Vercammen and Associates




 

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Last Revised August 15, 2008

© 2008 Kenneth Vercammen & Associates, P.C.