Kenneth Vercammen, Esq is Chair of the ABA Estate Planning & Probate Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law.
To schedule a confidential consultation, call

Kenneth Vercammen & Associates, P.C.

2053 Woodbridge Avenue - Edison, NJ 08817

(732) 572-0500 www.njlaws.com

Saturday, December 26, 2009

NJ Laws Email Newsletter E323 Kenneth Vercammen, Attorney at Law December 22, 2009

NJ Laws Email Newsletter E323
Kenneth Vercammen, Attorney at Law

December 22, 2009

In This Issue:
1. Happy Holidays and Merry Christmas
2. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation
and Other Dangerous Conditions in Abutting Sidewalks
3. GMC Greater Middlesex County Wrestling Individual Preseason Rankings
4. New YouTube Videos

Phone:(732) 572-0500

1. Happy Holidays and Merry Christmas
One of the pleasures of this holiday season is to thank our clients, friends, and
professionals for their friendship, goodwill and pleasant association. We sincerely
appreciate our relationships and are thankful for the confidence many people have
shown in us this year. We want to take the time to extend Season's Greetings and
our sincere gratitude because it is friends and new clients for helping our business
grow.

In the true spirit of the season, may we all be thankful and share in the hope for
peace on earth and goodwill toward our fellow man. May the New Year bring happiness
and good health to you and those you love.

Link to Frizby dog:
http://www.kennethvercammen.com/Seasons_greetings2009.html [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.kennethvercammen.com%2FSeasons_greetings2009.html&id=preview]

We hope you have enjoyed the NJ Laws Newsletter, produced by the Law Office. We
spend hundreds of hours each year researching relevant cases, new laws and creating
website articles for our clients and readers. We mailed to clients our 2010 American
Flag calendar and a business card to clients during the first week of December.

Please share a business card with a friend or co-worker. Client recommendation
is a very important source of new clients to us.

After December 27 we will have some additional American Flag calendars available.
If you would like additional copies to give to friends, family or co-workers, stop
in our office. Share the Flag and support the USA- America is #1.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

2. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks.

No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with a personal injury attorney immediately to retain
all your rights. The stores are responsible for the maintenance of their premises
which are used by the public. It is the duty of the store to inspect and keep said
premises in a safe condition and free from any and all pitfalls, obstacles or traps
that would likely cause injury to persons lawfully thereon.

The law imposes upon the owner of commercial or business property the duty to use
reasonable care to see to it that the sidewalks abutting the property are reasonably
safe for members of the public who are using them. In other words, the law says
that the owner of commercial property must exercise reasonable care to see to it
that the condition of the abutting sidewalk is reasonably safe and does not subject
pedestrians to an unreasonable risk of harm. The concept of reasonable care requires
the owner of commercial property to take action with regard to conditions within
a reasonable period of time after the owner becomes aware of the dangerous condition
or, in the exercise of reasonable care, should have become aware of it.
If there was a condition of this sidewalk that was dangerous in that it created
an unreasonable risk of harm for pedestrians, and if the owner knew of that condition
or should have known of it but failed to take such reasonable action to correct
or remedy the situation within a reasonable period of time thereafter as a reasonably
prudent commercial or business owner would have done under the circumstances, then the owner is negligent.

If you are injured, after seeking medical treatment and advising the store/mall,
CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for an Appointment.

More info at:http://www.njlaws.com/fall_down_injuries_on_snow.htm [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.njlaws.com%2Ffall_down_injuries_on_snow.htm&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3. GMC Greater Middlesex County Wrestling Individual Preseason Rankings


171

1. Brendan Vercammen, South Brunswick

2. Frank Bozzomo, Middlesex

3. Steve Zafrani, Old Bridge

4. Hunter Pipala, Monroe

5. Matt Cumber, Perth Amboy

6. Ben Caturano, North Brunswick

189

1. Mike Wagner, South Plainfield

2. Nick Orak, Old Bridge

3. Jeff Goldhagen, South Brunswick

4. Tyler Rios, Highland Park

5. Frank Maglione, J.F. Kennedy

All weights at:

http://blogs.mycentraljersey.com/onthemat/2008/12/15/gmc-individual-preseason-rankings/
[http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fblogs.mycentraljersey.com%2Fonthemat%2F2008%2F12%2F15%2Fgmc-individual-preseason-rankings%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

4. New YouTube Videos
[http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DFHqJ9kYPMf0&id=preview]
Fighting Insurance Companies When You Have Been Injured in an Accident [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DFHqJ9kYPMf0&id=preview]
What to do in an Automobile Accident and Collision With Personal Injuries [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DdOKQT09lWFQ&id=preview]
[http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DpF7i9uxAwUQ&id=preview]
Bail Reduction Motions and Reducing Bail [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DpF7i9uxAwUQ&id=preview]

DMV Suspensions and Hearings [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DppZaPa8RRYQ&id=preview]

Scar and Disfigurement Cases Scars After Accidents [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DdBM6ACa2K1Q&id=preview]
Burn and Fire Injuries [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D-epy19dz_oE&id=preview]

Leaving scene of accident 39 4 129 [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DiZMkpF5sMUc&id=preview]
Careless Driving 39 4 97 [http://rs6.net/tn.jsp?t=gipjbfdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DfzKIrJUPI1g&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Editorial Assistance of this email newsletter was provided by Valerie Brown. Ms. Brown is currently participating in Kenneth Vercammen's Winter Break Internship
Program and is a senior at Muhlenberg College.

Posted by Kenneth Vercammen NJ Law Blog
at 2:12 PM

NJ Laws Email Newsletter E322 December 9, 2009 In This Issue: RECENT CASES: 1. In DWI Case, State Must Provide 20 Minute Observation of Driver Prior

NJ Laws Email Newsletter E322

December 9, 2009

In This Issue:
RECENT CASES:
1. In DWI Case, State Must Provide 20 Minute Observation of Driver Prior to Breath
Test by Clear and Convincing Evidence, but Arresting Officer can Testify as Part
of 20 Minutes. State v Urgrovics
2. If You Have No Will
3. Happy Holidays & Season's Greetings!
4. Lyrics to Holiday Songs
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Greetings,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

1.In DWI Case, State Must Provide 20 Minute Observation of Driver Prior to Breath Test by Clear and Convincing Evidence, but Arresting Officer can Testify as Part of 20 Minutes. State v Urgrovics ___ NJ Super.___ A-4906-08T4 12-02-09

This appeal concerns the admissibility of the results of an Alcotest. By leave granted, the State appeals from the order of the Law Division suppressing the results of the Alcotest because the arresting officer, rather than the Alcotest operator, was the person who observed defendant during the twenty minutes prior to him taking the test. In reaching this conclusion, the trial court relied on what it characterized as the "procedures" mandated by the Supreme Court in State v. Chun, 194N.J. 54,cert. denied, ____ U.S. ____, 129 S. Ct. 158, 172 L. Ed. 2d 41(2008). The court reverses. The court held that the State is only required to establish that the test subject did not ingest, regurgitate or place anything in his or her mouth that may compromise the reliability of the test results for a period of at least twenty minutes prior to the administration of the Alcotest. The State can meet this burden by calling any competent witness who can so attest.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

2. If You Have No Will:
Compiled By Kenneth Vercammen, Esq.
If you leave no Will or your Will is declared invalid because it was improperly
prepared or is not admissible to probate:
* State law determines who gets assets, not you

* Additional expenses will be incurred and extra work will be required to qualify
an administrator-Surety Bond, additional costs and legal fees

* Judge determines who gets custody of your children

* Possible additional State inheritance taxes and Federal estate taxes

* If you have no spouse or close relatives the State may take your property

* The procedure to distribute assets becomes more complicated

* It may also cause fights and lawsuits within your family

When loved ones are grieving and dealing with death, they shouldn't be overwhelmed
with Financial concerns.

Who don't you want to receive your assets?

Who is not the best choice to raise your children, or safeguard your children's
money for college?

Do you want children, or grandchildren, to get money when they turn 18? Will they invest money wisely, or go to Seaside and play games?

THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH SHOULD BE INCLUDED
IN A WILL:

1ST: DEBTS AND TAXES
2ND: SPECIFIC BEQUESTS
3RD: DISPOSITION TO SPOUSE
4TH: DISPOSITION OF REMAINDER OF ESTATE
5TH: CREATION OF TRUSTS FOR SPOUSE
6TH: CREATION OF TRUST FOR CHILDREN
7TH: OTHER BENEFICIARIES UNDER 21
8TH: EXECUTORS
9TH: TRUSTEES
10TH: GUARDIANS
11TH: SURETY OR BOND
12TH: POWERS
13TH: AFTERBORN CHILDREN
14TH: PRINCIPAL AND INCOME
15TH: NO ASSIGNMENT OF BEQUESTS
16TH: GENDER
17TH: CONSTRUCTION OF WILL

18TH: NO CONTEST CLAUSE

A Will must not only be prepared within the legal requirements of the New Jersey
Statutes but should also be prepared so it leaves no questions regarding your intentions.

WHY PERIODIC REVIEW IS ESSENTIAL
Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will.

Some of these are:

* Marriage, death, birth, divorce or separation affecting either you or anyone named
in your Will

* Significant changes in the value of your total assets or in any particular assets
which you own

* A change in your domicile

* Death or incapacity of a beneficiary, or death, incapacity or change in residence
of a named executor, trustee or guardian of infants, or of one of the witnesses to the execution of the Will

* Annual changes in tax law

* Changes in who you like

MAY I CHANGE MY WILL?
Yes. A Will may be modified, added to, or entirely changed at any time before your
death provided you are mentally and physically competent and desire to change your
Will. You should consider revising your Will whenever there are changes in the
size of your estate. For example, when your children are young, you may think it
best to have a trust for them so they do not come into absolute ownership of property
until they are mature. Beware, if you draw lines through items, erase or write
over, or add notations to the original Will, it can be destroyed as a legal document.

Either a new Will should be legally prepared or a codicil signed to legally change
portions of the Will.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3. Happy Holidays & Season's Greetings!

Wesoly Siat, Bozega Narodzenia (Merry Christmas in Polish)

FROHE

WEIHNACHTEN

PRÓSPERO AÑO NUEVO

HAPPY NEW YEAR

FRIEDEN

GLÜCKLICHES NEUES JAHR
JOYEUX NOËL

PRETTIGE

KERSTDAGEN

GELUKKIG

NIEUWJAAR
BUON

NATALE
BONNIE ANNEE

HYVÄÄ JOULU

More Holiday cheer at this great site:

http://holidays.blastcomm.com/ [http://rs6.net/tn.jsp?t=ejtcgedab.0.0.be4bcacab.0&ts=S0431&p=http%3A%2F%2Fholidays.blastcomm.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

4. Lyrics to Holiday Songs
Go to Website: http://www.christmas-lyrics.org/ [http://rs6.net/tn.jsp?t=ejtcgedab.0.0.be4bcacab.0&ts=S0431&p=http%3A%2F%2Fwww.christmas-lyrics.org%2F&id=preview]
for lyrics to the following songs:
Silent Night Lyrics

Baby Its Cold Outside
Santa Baby
Carol Of The Bells
Jingle Bells
Where Are You Christmas
Holy Night
We Wish You A Merry Christmas
Last Christmas
Deck The Halls
Jingle Bell Rock
All I Want For Christmas Is You
Auld Lang Syne
Have Yourself A Merry Little Christmas Lyrics
White Christmas
Santa Claus Is Coming To Town
Winter Wonderland
Christmas Shoes
Little Drummer Boy
I Want A Hippopotamus For Christmas
Let It Snow Song
Grandma Got Run Over By A Reindeer
Joy To The World
Rocking Around The Christmas Tree
Frosty The Snowman
What Child Is This
Plus, lyrics to that classic Christmas song that no one knows the words. [just like
no one knows the words to Louie, Louie]
You're a Mean One, Mr. Grinch
You're a mean one, Mr. Grinch.
You really are a heel.
You're as cuddly as a cactus,
You're as charming as an eel.
Mr. Grinch.
You're a bad banana
With a greasy black peel.
You're a monster, Mr. Grinch.
Your heart's an empty hole.
Your brain is full of spiders,
You've got garlic in your soul.
Mr. Grinch.
I wouldn't touch you, with a
thirty-nine-and-a-half foot pole.
You're a vile one, Mr. Grinch.
You have termites in your smile.
You have all the tender sweetness
Of a seasick crocodile.
Mr. Grinch.
Given the choice between the two of you
I'd take the seasick crockodile.
You're a foul one, Mr. Grinch.
You're a nasty, wasty skunk.
Your heart is full of unwashed socks
Your soul is full of gunk.
Mr. Grinch.
The three words that best describe you,
are, and I quote: "Stink. Stank. Stunk."
You're a rotter, Mr. Grinch.
You're the king of sinful sots.
Your heart's a dead tomato splot
With moldy purple spots,
Mr. Grinch.
Your soul is an apalling dump heap overflowing
with the most disgraceful assortment of deplorable rubbish imaginable,
Mangled up in tangled up knots.
You nauseate me, Mr. Grinch.
With a nauseaus super-naus.
You're a crooked jerky jockey
And you drive a crooked horse.
Mr. Grinch.
You're a three decker saurkraut and toadstool
sandwich
With arsenic sauce.
Copyright © 1957, Dr. Seuss. Author: Dr. Seuss

Saturday, December 19, 2009

NJ Laws Email Newsletter E321 December 2, 2009

NJ Laws Email Newsletter E321 December 2, 2009
Kenneth Vercammen, Attorney at Law
In this Issue
1 In DWI case State must provide 20 minute observation of driver prior to breath test by clear and convincing evidence, but arresting officer can testify as part of 20 minutes State v Urgrovics__ NJ Super. __ A-4906-08T4 12-02-09
This appeal concerns the admissibility of the results of an Alcotest. By leave granted, the State appeals from the order of the Law Division suppressing the results of the Alcotest because the arresting officer, rather than the Alcotest operator, was the person who observed defendant during the twenty minutes prior to him taking the test. In reaching this conclusion, the trial court relied on what it characterized as the "procedures" mandated by the Supreme Court in State v. Chun, 194 N.J. 54, cert. denied, ____ U.S. ____, 129 S. Ct. 158, 172 L. Ed. 2d 41(2008). The court reverses. The court held that the State is only required to establish that the test subject did not ingest, regurgitate or place anything in his or her mouth that may compromise the reliability of the test results for a period of at least twenty minutes prior to the administration of the Alcotest. The State can meet this burden by calling any competent witness who can so attest.



2. HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
Wesoly Siat, Bozega Narodzenia (Merry Christmas in Polish)
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA

More Holiday cheer at this great site: http://holidays.blastcomm.com/
Click on that website for music cards

3. Lyrics to Holiday songs Also see http://www.christmas-lyrics.org/
Silent Night Lyrics
Baby Its Cold Outside Lyrics
Santa Baby Lyrics
Carol Of The Bells Lyrics
Jingle Bells Lyrics
Where Are You Christmas Lyrics
Holy Night Lyrics
We Wish You A Merry Christmas Lyrics
Last Christmas Lyrics
Deck The Halls Lyrics
Jingle Bell Rock Lyrics
All I Want For Christmas Is You Lyrics
Auld Lang Syne Lyrics
Have Yourself A Merry Little Christmas Lyrics
White Christmas Lyrics
Santa Claus Is Coming To Town Lyrics
Winter Wonderland Lyrics
Christmas Shoes Lyrics
Little Drummer Boy Lyrics
I Want A Hippopotamus For Christmas
Let It Snow Song Lyrics
Grandma Got Run Over By A Reindeer
Joy To The World Lyrics
Rocking Around The Christmas Tree
Frosty The Snowman Lyrics
What Child Is This

Plus, lyrics to that classic Christmas song that no one knows the words. [just like no one knows the words to Louie, Louie]

You're a Mean One, Mr. Grinch

You're a mean one, Mr. Grinch.
You really are a heel.
You're as cuddly as a cactus,
You're as charming as an eel.
Mr. Grinch.


You're a bad banana
With a greasy black peel.


You're a monster, Mr. Grinch.
Your heart's an empty hole.
Your brain is full of spiders,
You've got garlic in your soul.
Mr. Grinch.


I wouldn't touch you, with a
thirty-nine-and-a-half foot pole.


You're a vile one, Mr. Grinch.
You have termites in your smile.
You have all the tender sweetness
Of a seasick crocodile.
Mr. Grinch.


Given the choice between the two of you
I'd take the seasick crockodile.

You're a foul one, Mr. Grinch.
You're a nasty, wasty skunk.
Your heart is full of unwashed socks
Your soul is full of gunk.
Mr. Grinch.

The three words that best describe you,
are, and I quote: "Stink. Stank. Stunk."

You're a rotter, Mr. Grinch.
You're the king of sinful sots.
Your heart's a dead tomato splot
With moldy purple spots,
Mr. Grinch.

Your soul is an apalling dump heap overflowing
with the most disgraceful assortment of deplorable
rubbish imaginable,
Mangled up in tangled up knots.

You nauseate me, Mr. Grinch.
With a nauseaus super-naus.
You're a crooked jerky jockey
And you drive a crooked horse.
Mr. Grinch.

You're a three decker saurkraut and toadstool
sandwich
With arsenic sauce.
Copyright © 1957, Dr. Seuss. Author: Dr. Seuss

NEEDS TO BE REVISED…………………
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