Ken Vercammen's NJ Laws email newsletter June 8, 2003 #128 In this issue: 1. Original Wills to be held by clients and not stored in law office 2. Pot Smell Permits Search of car 3. Video Can Be Harassment. 4 No Assault If Defendant Not In Command of Faculties. 5. St. Thomas Aquinas High School Reunion for all Class of 1970's [1973-1980] (aka Bishop Ahr High School) ________ 1. Original Wills to be held by clients Based on a recent Supreme Court ruling, we not longer keep original Wills in our office. Since Wills are property of the client, they should be stored my the client. We now give our clients the Original signed Will to take home. We only keep a photocopy. As we advised by email, we will be moving from Metuchen to our new building in Edison this summer. If you have your original Will with our law office in Metuchen, please call the office to schedule an appointment to pick up your original Will. You can also send a letter with a stamped, self addressed envelope and we will mail the original Will back. Please advise your Executors where you will be storing your original Will. When my office now drafts a Will we mail a draft of the proposed Will to our client. You should read this document carefully. If there are any changes, amendments or revisions, please mark up the draft Will in blue pen, and fax or mail back at least four days prior to scheduling the appointment to execute the Will. Changes usually cannot be done on the same date as signing. Please bring your draft Will and any other documents we sent you. On the date of signing, please bring a copy of any Deed to property so that we can answer your questions regarding title to real estate. If you have assets such as bank accounts in joint names, or bank accounts payable upon death, these go directly to the beneficiary. Your Will cannot change who the beneficiary is on a joint account, payable upon death accounts, or other assets such as Life Insurance policies. You would have to go directly to the bank or company where the assets are held and either direct that they change the beneficiary or not list any beneficiary at all other than your Estate. This office does not provide tax advice, and we recommend you discuss your assets and your proposed Will with a certified public accountant who handles tax matters. Documents we prepare are designed for the State of New Jersey and not for property in another state or country. During our client's lifetime all information is kept strictly confidential, unless you authorize otherwise in writing. We also recommend you prepare a personal list of your assets and their approximate value. You can also put the names and addresses of your beneficiaries on this list. If you have selected direct beneficiaries on any of these assets to pass outside your Will, including POD accounts or joint accounts, please indicate that on your personal list of assets. Since our staff goes home at 5pm to be with their families, if you wish to sign after 5pm you must bring a witness. _________________________ 2. Pot Smell Permits Search of car. State v. Nishina 175 NJ 502 (2003). Based on the totality of circumstances, the officer had a constitutional basis to stop and continue to question the Nishina and to ask him for his driversš license, registration, and insurance card. In addition, the pat-down search of the Nishinašs outer clothing is sustainable not as a Terry protective search, but as a search based on probable cause and exigency. Further, the officer's search of Nishinašs car was valid under the automobile exception to the warrant requirement. 3. Video Can Be Harassment. H.E.S. v. J.C.S. 175 NJ 309 (2003). The defendant in this domestic violence action was denied due process when he received notice of the complaint against him one day before trial and when the finding of domestic violence was based on an allegation not contained in the complaint. Electronic surveillance by the defendant of his wife's bedroom may constitute stalking and harassment. Source: 12 NJL 297 4 No Assault If Defendant Not In Command of Faculties. State v. Ambroselli 356 NJ Super. 377 (App. Div. 2003). We reverse defendant's conviction for fourth-degree aggravated assault on a police officer, N.J.S.A. 2C:12-1b(5)(a), and fourth-degree resisting arrest, N.J.S.A. 2C:29-2a, and remand for a new trial. In a close case such as this where defendant was injured and there was evidence he was not in full command of his faculties, and the officer did not announce he was a police officer. 5. St. Thomas Aquinas High School Reunion for all Class of 1970's [1973-1980] (aka Bishop Ahr High School) Beef and Brew Sat. July 19 , 2003 7pm- 11pm Where: Edison Elks Lodge/ Edison Community Pool Includes- steak, unlimited Budweiser, unlimited Coors Light, corn on the cob, salad, bread, desert, coffee, pool open, sand volleyball, D.J. & Dancing. Cash bar for wine/ mixed drinks. Bring your own snacks or veggie food. Held in conjunction with the Edison Elks Beef & Brew/ Steak Night- Rain or shine Cost: $20.00 Ticket must be purchased prior to July 13. Make checks payable to Edison Elks. Mail checks to Maria Paterniti Tomaro, 4 Waverly Dr. East., Edison, NJ 08817. Include a stamped, self- addressed envelope. Tickets will be mailed back. Beef and Brew tickets also available to be purchased directly at the Edison Elks Lodge, 375 Old Post Rd., Edison 732-985-2487 No tickets will be available at the door or after July 13 since steaks need to be purchased prior to dinner. No children permitted by state law since alcohol served. Outdoor Casual dress. Reunion Info [People who live near Edison Elks club ] Ken Vercammen Co-Chair 732-906-2180w Maria Paterniti Tomaro Co-Chair 732-287-9028h Jay Schmidt 732-516-1460h Mike O'Conner 732-777-7827h All graduates from Class of 1973, 1974, 1975, 1976,1977, 1978, 1979, 1980 invited to attend. Please help join reunion committee by contacting one of the Chairs. Additional details at Classmates.com Yes, I will attend. Enclosed is my check for $ _____ Name: ___________________________ Mailing address: ____________________________________________ Email address: __________________________________________ Directions to Edison Elks: From Route 1 North [from Princeton/ New Brunswick]: Approx I mile past Wick Plaza will first Old Post Road exit. Wendys is on right. Take jughandle onto Old Post Rd. and cross Route 1. Pass ShopRite/ Edison Mall, Elks is next to Shop Right Route 1 South [from Woodbridge] - Pass Ford Plant, and make right onto Old Post Rd. Famous Edison Elks Club is 375 Old Post Rd., Edison. If you pass Shoprite, you went too far. Directions to Edison Elks from St. Thomas/ Bishop Ahr HS & North Edison South on Plainfield [Plainfield changes names to Central in Metuchen] at traffic light, right onto Durham left onto John Right New Durham next quick light is Bridge St, go left right onto Route 27 Left jughandle onto Vineyard, right on Old Post Road Famous Edison Elks Club is 375 Old Post Rd., Edison ________________________ God Bless our Military and their Families. United we stand, Divided we fall Thank you for reading our newsletter! God Bless America USA #1 Kenneth Vercammen (Phone) 732-906-2180 (Fax) 732-906-2155 website: www.njlaws.com Editor's Note and Disclaimer: All materials Copyright 2003. 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 TO BE DONE BY WEBMASTER LONEKEEP.COM To remove, just email back & type in subject or body remove. Removals are performed by the webmaster once per month.