Ken Vercammen's NJ Laws email newsletter December 12, 2004 #171 In this issue: 1. Our Holiday gifts to clients and friends: 2. Court Rules Handwriting That Completes Printed Will Form Did Not Make An Effective Holographic Will 3 Gift Certificates for Wills & Legal Services 4. Christmas/ Holiday song links to lyrics: 5. Six New articles on our website www.njlaws.com 6. Recent cases: Police Officer even in Minor Discipline matters entitled to representation by counsel. __________________________ 1. Our Holiday gifts to clients and friends: -Free Coffee Travel Mug with USA Logo, -American Flag 2005 Calendar - T- shirts: "My Attorney Fights to Win" -Soda Can Holders, -American Flag Pens, for Clients and friends. Our gift to you. Please call the office and let our legal assistants know the date and time you will be coming in to pick up your holiday gifts. After December 19th, we will have some additional American Flag Calendars available. If you would like additional copies to give to friends, family, co-workers stop in our office. Share our Flag and support the USA - America is #1! _________________________ 2. Court Rules Handwriting That Completes Printed Will Form Did Not Make An Effective Holographic Will IN RE PROBATE OF THE ALLEGED WILL OF FERREE. Chancery Division, Monmouth County, MON-P-287-02, March 11, 2003, amended opinion approved for publication April 2, 2004, By Fisher, Presiding Judge As a matter of first impression, the filling in of blanks on a pre-printed will form does not create a valid holographic will. Fill in the Blanks form Will rejected. 13 NJ Lawyer 994 ______________________________ 3 Gift Certificates for Wills & Legal Services A Unique Holiday Gift Idea! ............................................................. Gift Certificates for Wills & Legal Services During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift which truly shows how much you care. Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done. The Law Office of Kenneth Vercammen's Holiday special includes: €A Simple Will without Trust € Office Consultation on Estate Planning - All for only $250.00! - Call 732-572-0500 for the Gift Certificate Other Legal Services for Gift Certificates: -Traffic Tickets -Demand Letters -Litigation -Collections Will Preparation ADVICE AND WILL PREPARATION: SERVICES TO BE PROVIDED 1. Office interview with client, 2. Review Will Questionnaire filled out by client. 3. Obtain information such as name, address and telephone number. 4. Obtain information regarding value of real estate, life insurance and other assets. 5. Obtain information regarding distribution of estate and selection of beneficiaries. 6. Obtain information regarding names of family members. 7. Discuss possible individuals to serve as Executor. 8. Discuss provisions regarding Power of Attorney, Probate and Living Will, answer legal questions. 9. Provide explanation brochures on Wills, Power of Attorney, Living Wills, Answers to Questions about Probate, Website/ Elder Law on the Internet and other brochures available. 10. Provide free pen, magnet. Legal information also available on website www.njlaws.com and attend to opening of file. 11. Preparation of draft Will and Testament with Provisions regarding debts and taxes, distribution of estate, Trust for beneficiaries under 21, provisions for Executors, include provisions regarding no bond required and self- proving Will meaning family will not need to locate witnesses later. 12. Preparation of index of Last Will, Preparation of Will Envelope. 13. Prepare letter to client enclosing draft of Will for client to carefully read. 14. Office conference, attend to execution/ signing of Last Will and Testament, -Answer Questions and explain provisions. 15. Preparation of post Will letter to client _____________________________ 4. Christmas/ Holiday song links to lyrics: http://www.nevada.edu/~blake/Christmas.songs.html Contents 1. Baby Just Like You 2. All I Want For Christmas Is My Two Front Teeth 3. Blue Christmas 4. Christmas Dinner 5. Christmas For Cowboys 6. Christmas In Killarney 7. Deck the Halls 8. First Christmas 9. Frosty the Snow Man 10 . Grandma Got Run Over By a Reindeer 11. Have Yourself A Merry Little Christmas 12. Here Comes Santa Claus 13. Holly Jolly Christmas 14. Saw Mommy Kissing Santa Claus 15. It's the most wonderful time of the year 16. I'll Be Home For Christmas 17. Jingle Bell Rock 18. Jingle Bells 19. Jolly Old Saint Nicholas 20. Let It Snow! 21. Merry Christmas Darling 22. Must Be Santa 23. Nuttin' For Christmas 24. Christmas Tree 25. Pine Cones And Holly Berries 26. Rocking around the Christmas Tree 27. Rudolph The Red-Nosed Reindeer 28. Santa Claus Is Coming To Town 29. Silver Bells 30. Sleep Well, Little Children 31. Sleigh Ride 32. Tennessee Christmas 33. The Christmas Song 34. The Little Drummer Boy 35. The Night Before Christmas 36. The Twelve Days of Christmas 37. Up On the Housetop 38. We Wish You A Merry Christmas 39. White Christmas 40. Winter Wonderland Website: http://catholic.net/RCC/music/midi/christmas/lyrics.html The following songs were available: Angels from the Realms of Glory Angels we have Heard on High Away in a Manger Children, Go Where I send Thee Christmas is now Drawing near at Hand Christmas in the Trenches Deck the Halls Go Tell it on the Mountain Good Christian Men, Rejoice Good King Wenceslas Hark the Herald Angels Sing Here we come a Wassailing I heard the Bells on Christmas Day It came upon a Midnight Clear Jingle Bells Joy to the World Oh Come all Ye Faithful Oh Holy Night Oh Little Town of Bethlehem Silent Night The First Noel Twelve Days of Christmas We Three Kings We Wish You a Merry Christmas What Child is This? _______________________ 5. New articles: Laser Speed Detection System LTI Marksman now used to issue speeding tickets in New Jersey http://www.njlaws.com/laser_speed_detection_system_LTI_marksman.htm Search and Seizure Law without a Search Warrant and Suppression Motions http://www.njlaws.com/search_and_seizure_law_without_a_search_warrant.htm Plea Bargaining Criminal, Municipal Court and Traffic Cases to reduce penalties and charges http://www.njlaws.com/plea_bargaining_criminal_municipal_court_and_traffic_cases.htm 2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition. http://www.njlaws.com/failure_to_make_lawful_disposition_of_drugs.htm Catholic Lawyers Guild http://www.njlaws.com/catholic_lawyers_guild.htm Possession of gamma hydroxybutyrate http://www.njlaws.com/possession_of_gamma_hydroxybutyrate.htm _____________________________ 6. Recent cases: [outlined from the NJ Municipal Court Law Review] Police Officer even in Minor Discipline matters entitled to representation by counsel. Fraternal Order of Police Lodge #1 v. City of Camden Police Department 368 NJ Super. 56 (Law Div. 2003). A police officer in a civil-service municipality who faces minor disciplinary charges is entitled to representation by counsel, to cross-examine witnesses and to present witnesses on his or her behalf when there is a material fact in dispute. PTI can be denied for weapons. State v. Motley 369 NJ Super. 314 (App. Div. 2004). The state appeals from an order of the Law Division granting defendant's appeal from PTI denial and directing his admission into the PTI program. Defendant was indicted on two counts of possession of an assault firearm, a third-degree offense contrary to N.J.S.A. 2C:39-5f, and two counts of possession of a large-capacity magazine, a fourth-degree offense contrary to N.J.S.A. 2C:39-3. Investigation disclosed that the weapons were legally obtained when defendant was an out-of-state resident, and he brought them with him when he moved to New Jersey. Defendant had no permit to purchase or possess these firearms within this state. Defendant's PTI application was rejected by the PTI program coordinator, as well as by the attorney general. Defendant appealed to the Law Division, where the judge noted that defendant was 62 years old, employed, a family man and had no prior criminal record. He found that defendant's rejection constituted an abuse of discretion. The Appellate Division reversed. The prosecutor has wide latitude to decide whom to divert into PTI and whom to prosecute, and a prosecutor's law enforcement policy with respect to weapons is relevant and proper to the prosecutor's decision to reject a PTI applicant. The hearing judge improperly substituted his own discretion for that of the attorney general. _________________________________ Thank you for reading our newsletter! God Bless America USA #1 Kenneth Vercammen, Esq. 2053 Woodbridge Ave. Edison, NJ 08817 NEW PHONE 732-572-0500 New (Fax) 732-572-0030 website: www.njlaws.com Free T- shirts and car coffee holders to all current and past clients. Please come into office. Editor's Note and Disclaimer: All materials Copyright 2004. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included. Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation. Removals handled by webmaster lonekeep.com. To remove, email back & type in subject remove. 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