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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 E275

June 11, 2008

In This Issue
_______________
1. Recent cases: Suppression of Stop and dismissal of DWI dismissed where no erratic driving.
2. No operation in DWI where engine not running
3. Bar can be liable if intoxicated patron injured
4. Jogging Death Leads to $1.1 Million Settlement.
5. New articles on website www.njlaws.com
6. Happy Father's Day
7. Upcoming fun races with beer activity afterwards
8. Sellers Information Sheet in Real Estate Sales

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

1. Recent cases: Suppression of Stop and dismissal of DWI dismissed where no erratic driving.

State v. Amelion NJ Super. (App. Div. A-1679-06T5, September 21, 2007, not approved for publication. Law Division order following a trial de novo that granted the defendant's motion to suppress evidence that resulted from a stop of his vehicle and that led to his arrest for driving while intoxicated and for refusal to submit to a Breathalyzer test affirmed; the defendant's 17-year-old daughter reported to the police that she was having a verbal dispute with the defendant, that the defendant was "drunk," and that he had left the scene in a vehicle; a police officer on patrol observed a vehicle that matched the description given by the daughter; that vehicle parked on the side of the road and then drove away about five

seconds later; the officer then pulled the vehicle over; the Law Division properly concluded that the information given to the police dispatcher and then to the officer did not provide reasonable suspicion that the defendant was driving while intoxicated; there was no evidence that the defendant was operating his vehicle in an erratic manner, and the only evidence offered by the State was the daughter's statement that the defendant was "drunk." Source: NJ Lawyer October 1, 2007.
2. No Operation in DWI where engine not running.

State v Mize Appellate Division, A-2339-06T5, November 20, 2007, not approved for publication. Conviction following a trial de novo of driving while intoxicated reversed; the police had received several phone calls complaining about the operation of a red pickup truck; while on patrol, a police officer observed a red pickup truck parked about 25 yards into the driveway of a private residence; when he approached the truck, the officer found the defendant "slumped over the steering wheel, with his head on the steering wheel"; the truck's interior dome light was on, the keys were in the ignition, but the engine was not running; there was sufficient evidence to support the trial court's conclusion that the defendant was intoxicated; however, the facts did not support a finding beyond a reasonable doubt that the defendant had operated the truck to the location where it had been found or that he had intended to move the truck prospectively. Source: NJ Lawyer November, 2007.
3. Bar can be liable if intoxicated patron injured. Kathleen v. Bauer, et al. v. Nesbitt, III.

03-20-08 A-2343-06T2. In this opinion the NJ Appellate Division discussed the potential liability of a bar/restaurant under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act and the common law when a visibly intoxicated patron who has been served liquor by the bar is driven from the premises by an intoxicated underage patron who was not served liquor, and a fatal automobile accident results. The bar could be held liable for injuries.
4. Jogging Death leads to $1.1. Million Settlement.


The estate of a Tenafly man who was killed while jogging has received a wrongful death settlement of $1.1 million. In May 2006 Bruce Terman was jogging along County Road in Cresskill when he was struck by a car driven by Chandra Meier of Dumont as she was making a left turn. The estate sued for Terman's pain and suffering at the scene under the New Jersey Survivors Act, and under the Wrongful Death Act for his widow's pecuniary loss, including loss of support, spousal services and companionship.

SOURCE: The New Jersey Lawyer Inc DAILY BRIEFING Tuesday, May 20, 2008
5. New Articles on website www.njlaws.com

June 2008

Removal of a Personal Representative

Disclaimer by a Beneficiary

Notice of Probate


Gun Possession Charges


Battery

Loss of Limbs


Business Litigation


Revoked List

6. Happy Father's Day

We celebrate Father's Day on June 15th, and in every father's honor, I'd like to pass on a short three minute movie I received titled: "To A Child Love Is Spelled T-I-M-E."

So sit back, turn up your speakers and click on the link below. And please share it with friends, family members and co-workers. They'll love you for doing it!

Click here to Watch the Movie
7. Upcoming fun races with beer activity afterwards.

6/16 PRESIDENT'S CUP NIGHT RACE, 5K, 8pm, Charlie Browns, Millburn, 973-376-6094, (USATF-700pts) Free beer, big post race party

6/22 Pine Beach 5K Pine Beach [near Toms River] Sunday Very well run shore area event. USTAF masters championship When you register, write down under the team category- "RVRR Ken V."

6/28 Rumson 10 mile, 10 bar Long Branch to Belmar.

This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Finish at Bar A, and play volleyball


http://groups.msn.com/RumsonHash/rumsonh3infosite.msnw

7/12 Belmar Five Mile Run 5 mile, 8:30am Belmar NJ 732-571-2162 free food at Bar A after race and reduced price drinks



8. Sellers Information Sheet in Real Estate Sales

1. SELLERS NAME: (as it appears on deed)

____________________________________

2. Phone Number(cell)_______________________(W)__________________

3. Your fax #______________.
Home phone _______________________

4. Email Address _________________________

5. Real Estate being Sold:

Lot No. _________ Block No. __________

Address: ___________________________________

6. Present Mortgage Company: _____________________________
Address: ________________________
Loan No. ________________________
800 Telephone No. ____________________
(Provide copy of payoff amount)

7. Other Mortgages, including Bridge Loans or Home Equity:
Name of Mortgage Company: ________________________
Address____________________
Loan No. ___________________
800 Telephone No. _________________
(You need to obtain written copy of payoff amount from bank, verbal will not be sufficient)

8. Is any Seller age 62 or over? If so, name and date of birth: _________

9. Social Security Number _____-_____-_____.

10. Name, Address, Telephone number of Condominium Association, if any
_____________________________________________________
11. Type of Fuel: Gas ___________________ Oil __________
PLEASE ATTACH A COPY OF TITLE INSURANCE, SURVEY, & DEED (not original)
12. Marriage Information:
Date of Marriage __________ Maiden or Prior Name(s) __________
Prior Marriages ________________________
(copy of Final Judgment of Divorce needed, not original)

13. Address After Property Sale: _________________________

Purchase price $ ____________ Buyer/s name __________________

Mortgage amount $ ________ Mortgage Contingency Date __________.

Seller/s repair amount $ ________________. Proposed closing date ______

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

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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



 
 
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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




 

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.

 

Last Revised August 15, 2008

© 2008 Kenneth Vercammen & Associates, P.C.