2053 Woodbridge Avenue - Edison, NJ 08817

Thursday, August 22, 2019

E566 In this issue: 1. Reasons to set up a trust to protect children and grand children with addiction issues. 2. Understanding Disinheritance. 3. Using a Spendthrift Trust for Addicts. 4. September 9 at 7pm South Brunswick Library: Wills, Estate Planning & Probate Seminar. 5. Charity Running & other Community Events. 6. Professional Space For Rent, 2045 Woodbridge Avenue.

E566
In this issue: 
1. Reasons to set up a trust to protect children and grand children with addiction issues.
2. Understanding Disinheritance.
3. Using a Spendthrift Trust for Addicts.
4. September 9 at 7pm South Brunswick Library: Wills, Estate Planning & Probate Seminar.
5. Charity Running & other Community Events.
6. Professional Space For Rent, 2045 Woodbridge Avenue.
  1. Reasons to set up a trust to protect children and grand children with addiction issues
Given the current epidemic of addiction in our society, it's natural that many families have a child who is addicted to drugs or alcohol. Estate planning for addicts can be emotionally and mentally difficult, because a parent likely do not want to disown the child. However, as responsible parents, a parent likely want to ensure that any inheritance the child receives is not made available to them until they are clean or sober.
Taking steps to create an estate plan that considers and accounts for the child's addiction can prevent them from receiving a lump sum of funds while they are under the influence. By preventing the child from receiving too-large an inheritance at one time, a parent reduce the possibility of hard-earned family assets being wasted and protect the child from harming him or herself because of their lack of control regarding their substance and access to a large amount of money.
Fortunately, there are several steps a parent can take which can help a parent to leave the assets to the child without giving them assets they could use to harm themselves. While a parent should always discuss the situation and theirs with a professional estate planner or tax professional, the following include ways that a parent can make estate-planning work for a parent and the child.

2. Understanding Disinheritance 
Disinheritance is often the first option for those considering estate planning for an addict. Depending on the situation, it may be the right decision, but a parent most likely don't want to consider it. Even if a parent are estranged from the addicted child, a parent likely still care for them deeply and want the best for them. Disinheritance is the process of cutting a person out of the will so that if a parent die, they receive nothing. While it may be tempting for some, especially if a parent believe that the child will likely never get better, this decision cannot be changed without rewriting the will, even if the child goes into rehabilitation and becomes clean or sober. If a parent choose to disinherit the child, a parent must leave specific instructions stating that they receive nothing. Should a parent choose to do this, it is crucial that a parent do so with a lawyer present, so that the child cannot contest the will.
Disinheritance is most often used when there are multiple potential beneficiaries, such as other children, and often with the intent that the sibling give some of the estate once the addict is back on his or her feet. However, this may or may not work out depending on family dynamics.

3. Using a Spendthrift Trust for Addicts 
A spendthrift trust is one of the best options when estate planning for addicts. There are several forms of this trust a parent can consider, and each has pros and cons. At it's most basic, the spendthrift trust enables a parent to put spending authority in the hands of a trustee, or a trusted person who will control the reckless spending of the child. This can prevent them from wasting funds and can prevent them from using funds to purchase drugs.
Spendthrift clauses in trusts are also valuable because a parent can use them to provide necessary funds such as child support, alimony, food, and shelter to the beneficiary, without allowing them to spend anything else. This enables a parent to offer support, even after a parent are deceased.
Finally, spendthrift clauses typically protect the funds in the estate from creditors. So long as the funds are in the trust, creditors cannot reach them. This is ideal in instances where the child may have to declare bankruptcy due to poor financial decisions while under the influence of drugs or alcohol, has a large amount of debt, or is likely to accrue a large amount of debt. However, once funds are taken out of the trust, they can be garnished by creditors.
In some cases, a parent may be able to set up a discretionary spendthrift supplementary needs trust, which enables the child to qualify for needs-based government benefits (SSI, Medicaid, housing, SNAP, etc.), while offering the other benefits of the trust.
The best way to set this up is to create a Testamentary Discretionary Trust with a spendthrift clause, which will come into effect after a parent are deceased. Then, the funds will be moved into trust and spending will be controlled by the trustee for the benefit of the child (the beneficiary).

Risk Avoidance
If the elderly parent transfers assets to children, rather than puts them in a trust, certain risks must be anticipated.  These risks can be avoided if the assets are put in a trust.  The risks of an outright transfer include:
* Claims of creditors. The claims of the creditors of the adult children could be satisfied through the assets of the parent if the parent makes outright transfers to the children.
* Matrimonial action. If a child to whom assets are transferred is subsequently divorced, the transferred assets may become subject to a claim of equitable distribution.  While the law dictates that assets transferred from a parent to a child are not subject to equitable distribution, practitioners in the field of family law indicate that judges often find ways to give additional assets, other than the transferred assets, to the other spouse.  In addition, the assets transferred could affect alimony or support rights or obligations.
* Bad habits. If a parent transfers assets to a child who is a gambler, a drug addict, an alcoholic, or a spendthrift, the assets may be squandered and no longer be available to the parent.

4. September 9 at 7pm South Brunswick Library: 
Wills, Estate Planning & Probate Seminar
Free community program
Open to the public. You do not need to be a resident.
SPEAKER: Kenneth Vercammen, Esq. Edison, (Author- ABA's "Wills and Estate Administration book")
Main Topics:
1. NJ Estate Tax eliminated in 2018
2. The 2019 changes in Federal Estate and Gift Tax
3. Power of Attorneys recommendations
4. Living Will & Advance Directive      
5. Administering the Estate/ Probate/Surrogate
6. Avoiding unnecessary expenses
      
WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND MAKE PLANNING
        COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
South Brunswick Library
110 Kingston Lane
Monmouth Junction NJ 08852    
Att: Barbara Battles                 
(732) 329-4000x 7286  

5. Charity running & other community events
Thirsty Thursday at Edison Elks and Ken V birthday cake
August 22, 2019
Edison Elks #2487 - Edison, NJ

     Outdoor band
$1.00 domestic drafts
$5.00 sandwich
   This event is held rain or shine! Come out and enjoy the evening
Edison Elks #2487 - Edison, NJ375 Old Post Road, Edison, New Jersey 08817 (732) 985-2487

On August 23 at the Edison Elks Thirsty Thursday Ken V's family will bring a sheet cake, listen to the band and celebrate good times for anyone interested. Ken v will pay for your first draft beer.
Ken V's sister Janet will be visiting from Ohio.
Ken V will buy you a draft beer.

8/25/19 Cross Country 5k USATF

8/27/19 JSRC meeting & BBQ Deal firehouse 6:15 [swim in Deal at 5pm sharp prior to BBQ] Tuesday

8/31/19 Scranton Capt. Minicozzi 5k 10am https://runsignup.com/Race/Events/PA/Scranton/Minicozzi5k

9/7/19 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30 Co-Sponsor Wakefern Shoprite compuscore.com

9/8/19 Hightstown Triathlon starting at 7:00am Sunday

9/14/19 Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite https://runsignup.com/Race/NJ/OceanGrove/JSACRunfortheArts5K

9/14/19 JSRC River Cruise

9/21/19 KeyportFest 5K Fireman's Park Saturday 8:30 am

6. Professional Space For Rent, 2045 Woodbridge Avenue
700 Sq. Ft. of Professional Space for rent with off street parking.  This building was just remodeled with a new floor, freshly painted walls, new upgraded heat & air conditioning as well as recess lighting and a new bathroom as well.  Your clients will be impressed with your new space! $1700 per month.  

Plus small Office for rent Professional Office Space available in Edison Law Office
2053 Woodbridge Ave.
Edison, NJ 08817
Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents, and other Business Professionals as a 2nd location or location to meet clients in Edison.
The offices are located on the 1st floor of the building.
2 rooms office  
office room # 6 approx 12.4 x 9.4       
and front room approx 8 x 9 -office room # 5
plus use of reception room  16.6 x 7.2
and use of storage area in basement
   Previously used by Robert Blackman, late former Judge and Prosecutor of Edison
   $500 per month [was $600]
Call 732-816-4449
   Owner of building is local attorney, Kenneth Vercammen who handles Municipal Court, Estate Planning & Probate, and Criminal Law. 


Editor's Note and Disclaimer:
All materials Copyright 2019. 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

E565 In this issue: 1. Supreme Court Assigns Four Recall Judges to Sit as Municipal Court Judges to Resolve State v. Cassidy Matters. 2. Thank you to many persons that wished me a Happy Birthday on August 7. 3.Have a Power of Attorney Prepared for your College Children and Children Traveling out of State. 4.Thank you Summer Law Clerk Group. 5. Charity Running & other Community Events.

E565 
In this issue: 
1. Supreme Court Assigns Four Recall Judges to Sit as Municipal Court Judges to Resolve State v. Cassidy Matters.
2. Thank you to many persons that wished me a Happy Birthday on August 7.
3.Have a Power of Attorney Prepared for your College Children and Children Traveling out of State.
4.Thank you Summer Law Clerk Group.
5. Charity Running & other Community Events.


1. Supreme Court Assigns Four Recall Judges to Sit as Municipal Court Judges to Resolve State v. Cassidy Matters

SUPREME COURT OF NEW JERSEY
WHEREAS the Supreme Court issued its decision in State v. Eileen Cassidy. 235 N.J. 482 (2018), holding that breath test results from Alcotest machines calibrated without using a thermometer that produces NIST-traceable temperature readings in the calibration process are inadmissible as evidence; and
   WHEREAS the Judiciary has been notified by the Office of the Attorney General that there are 20,667 DWI cases in which defendants' breath samples were procured using such improperly calibrated machines; and
     WHEREAS the Court by order of January 29, 2019 designated retired Appellate Division Judge Robert A. Fall, serving on recall, as special master for purposes of coordination of the management of such cases on a statewide basis to develop better processing of these cases, to provide greater consistency and efficiency, and to minimize conflicts and delays, and with the special master having the authority to make judicial and administrative decisions relating to such cases that have been adjudicated; and
   WHEREAS the special master has recommended the assignment of a number of retired Superior Court judges on recall to sit as Municipal Court judges to resolve certain of these cases;
     It is ORDERED that, effective immediately and until further order, the following retired Superior Court judges presently serving on recall, in addition to their existing recall assignments, are assigned to sit as Municipal Court judges with statewide jurisdiction to resolve matters subject to the statewide administration of cases affected by the Court's Cassidy decision:
Dated: July 25, 2019
   Judge Robert A. Fall (lead judge) Judge Linda G. Baxter
   Judge Stephan C. Hansbury Judge Robert B. Reed

2. Thank you to many persons that wishes me a Happy Birthday on August 7. 

     I will not be having an official party like I did when I turned 50. On August 23 at the Edison Elks Thirsty Thursday we will bring a sheet cake, listen to the band and celebrate good times. I invite anyone to stop over. Free admission to band. Inexpensive drinks and food.

3. Have a Power of Attorney prepared for your college children and children traveling out of state

         There are many good reasons to consider getting a Power of Attorney and Medical Directive for your adult "child". A prominent Monmouth County Law office wrote while you made certain decision for your child before he or she turned 18, you have no authority to take action now. In the event your child becomes ill or has a serious accident while they are away, you do not have legal right to withhold Power of Attorney, it is important to have a plan in place to deal with their health, financial, educational and legal needs.

Durable Power of Attorney to handle finances will enable you to take care of tasks for your child. This includes: registering their car; communicating with their college about issues which fall under HIPAA, like grades and disciplinary actions; completing financial transactions at their bank, their college, etc. If your child runs in to an issue with their passport while they are overseas, you can be assured that you have the authority to help.

       Living Will or Health Care Directive is important in the event of an accident or illness. You will be able to talk to medical staff and make decisions on your child's behalf, if necessary.

       While you may never need to use these documents, it is better to be safe than sorry!

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
" POWER OF ATTORNEY POA QUESTIONNAIRE"
          This is for a Power of Attorney only and not a new Will.
          We also use this Interview form if you want a Living Will. Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.
         Please be sure to check all appropriate boxes. If "NONE", please state "NONE".
If "NOT APPLICABLE", please state "N/A".
PLEASE PRINT CLEARLY
1.    Your Full Name:

_______________________________________________________
First                                                      Last
2.    IF MARRIED OR SEPARATED, complete (a) and (b) below:
(a) Spouse's Full Name: [none, write none]

______________________________________________________
First                                                    Last

3. Your Street Address: ____________________________________                 

City ____________________ State ____ Zip Code ______________
            
4.    Telephone Numbers:                
Cell: ______________________ ________________________
                                                                                      
Day: ____________________/Night: ________________________

5.    E-mail address: _______________________________________

6. Referred By: ___________________________________________
         If referred by a person, is this a client or attorney? If you heard about the law office on the internet, which search engine? What search terms did you use?

7. Today's Date ____________________

       We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan?      
                                                                          Yes ________ No ________
POWER OF ATTORNEY POA QUESTIONNAIRE

How can we help you? What are your questions/other important information?

_______________________________________________________

_______________________________________________________


[It is required by Court Rules that all pages be filled out in person's own handwriting prior to seeing the attorney to avoid conflicts of interest]

8.    Your Sex:     [   ] Male [   ] Female             

9.    Your Marital Status:[ ] Single       [ ] Married         
[ ] Separated                                     [ ] Divorced         [ ] Widowed

10. Your Date of Birth: ___________________
                                        Month     Day  

11. Spouse Date of Birth: _________________
                                           Month   Day   
2. Personal representative
         The person charged with administering bills, paying taxes and/or other debts, preserving, managing, and distributing assets and property is called the Personal Representative. This person should be one in whom you have trust and confidence. Your SPOUSE is usually named as primary Personal Representative r, followed by the child who lives closest to your home.
         Please provide the following information about the person you wish to name to serve in this capacity.
1. PRIMARY Choice of Personal Representative:

Name:_________________________ ______________________
           First                                               Last

Relationship: _______________ Address: ___________________

2. SECOND Choice of Personal Representative:
         This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve.

Name: ______________________ _________________________
            First                                               Last

Relationship: _______________ Address: __________________

         The two proposed of Personal Representative s must be filled out prior to meeting the attorney. We do not recommend Joint of Personal Representatives, which often cause conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person.

4. Thank you Summer Law Clerk Group 
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5. Charity running & other community events

8/10/19  Asbury Sheehan 5k Asbury Park, N.J. 8:30am Wakefern Shoprite co-sponsor jsrc.org
8/17/19  Bradley Beach 5k 8:30 Wakefern Shoprite co-sponsor eliteracingsystems.com park north of race
8/18/19  Ray Licata Long Branch One Mile Ocean Swim 1 mile 8am
8/19/19  Lake Takanassee Summer Series Long Branch 6:45
8/25/19  Cross Country 5k USATF
8/27/19  JSRC meeting & BBQ Deal firehouse 6:15 [swim in Deal at 5pm sharp prior to BBQ] Tuesday
8/31/19  Scranton Capt. Minicozzi 5k 10am https://runsignup.com/Race/Events/PA/Scranton/Minicozzi5k
9/7/19  Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30 Co-Sponsor Wakefern Shoprite compuscore.com 
9/8/19  Hightstown Triathlon starting at 7:00am Sunday   
September 8 One More Tri; Sun Special Olympics NJ Asbury Park
9/8/19  By Hook or By Crook 12 Sandy hook 9am
9/14/19  Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite https://runsignup.com/Race/NJ/OceanGrove/JSACRunfortheArts5K
9/14/19  JSRC River Cruise, Point Pleasant NJ
9/21/19  KeyportFest 5K Fireman's Park Saturday 8:30 am

Editor's Note and Disclaimer:
All materials Copyright 2019. 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

Thursday, August 01, 2019

E564 1. Recent case: Police Permitted to Inventory Search Car that was being Towed. 2. Defendant's Confession and the Drug Evidence must be Suppressed. 3. Summer Blast Happy Hour July 12, 2019 at Bar A was a good time. 4. Charity Running & other Community Events. 5. Ken V will be turning 60 in August 2019.


                                                                              August 1, 2019

In this Issue:
1. Recent case Police Permitted to Inventory Search Car that was being Towed. State v Rodriquez 458 NJ Super. 391 (App. Div. 2019)
2. Defendant's Confession and the Drug Evidence must be Suppressed. State v. Shaw
3. Summer Blast Happy Hour July 12, 2019 at Bar A was a good time.
4. Charity Running & other Community Events. 
5. Ken V will be turning 60 in August 2019

1. Recent case Police Permitted to Inventory Search Car that was being Towed. State v Rodriquez 458 NJ Super. 391 (App. Div. 2019)
         In State v. Witt, 223 N.J. 409, 415 (2015), the Supreme Court revised the standards under New Jersey law governing police searches of motor vehicles that have been lawfully stopped at the roadside. The Court held such roadside searches may be conducted without a warrant if: (1) the police have probable cause to believe the vehicle contains evidence of criminal activity; and (2) the situation arose from unforeseeable and spontaneous circumstances. Id. at 446-48.
         The appellate court declined to engraft upon Witt a limitation that would disallow such otherwise-permissible roadside searches in situations where the police have a basis to tow away and impound the vehicle. Consequently, the trial court's suppression order that was founded upon such a rationale is reversed. Moreover, there was no unreasonable delay in this case by the officers in making their decision to proceed with the search at the scene based on probable cause.
2. Defendant's Confession and the Drug Evidence must be Suppressed. State v. Shaw
         In this case, the Court considers whether evidence found in a motel room and vehicle and defendant Nathan Shaw's statement to police should have been suppressed. 
         HELD: Defendant's confession and the drug evidence must be suppressed. 
        1. Under the third-party intervention doctrine, a person's reasonable expectation of privacy is not violated by the actions or search of a private actor. See State v. Wright, 221 N.J. 456, 459 (2015). Fourth Amendment protections apply only to governmental action, and a subsequent search by law enforcement -- so long as it does not exceed the scope of the private search -- may not require a warrant if it does not infringe any constitutionally protected privacy interest that had not already been frustrated as a result of the private conduct. The doctrine traditionally applied to searches of objects either physically conveyed or reported to the police. See id. at 459, 468-69. In Wright, the Court held that the doctrine could not be applied to searches of private dwellings -- including rented apartments -- under our State Constitution. Id. at 476. Although Wright discussed apartments, its reasoning applies with equal force to motel rooms. Where a motel owner or employee finds contraband in a guest's room, "the police can use that information to obtain a search warrant and then conduct a search." Id. at 478-79. "In the time it takes to get the warrant, police officers can secure the [motel room] from the outside, for a reasonable period of time, if reasonably necessary to avoid any tampering with or destruction of evidence." Id. at 478. Here, the motel search was unconstitutional and the illegal fruits of that search must be suppressed.   
       2. Police must have particularized suspicion in order to conduct an investigatory stop, and the duration of an investigative stop must be limited in time and scope to the purpose that justified the stop in the first place. If the officer's conduct is more intrusive than necessary, the investigative stop turns into a de facto arrest. Once it was determined that Shaw was unarmed and had no outstanding warrants, there was no particularized suspicion that Shaw was engaged in criminal activity that would justify Shaw's further detention. Under the circumstances here, isolating Shaw in the back of a patrol car despite a negative warrant check was a de facto and an unlawful arrest.   
       3. It was during that period of unlawful detention that Shaw stated there was marijuana in the bag. To decide whether to suppress a statement obtained after an unlawful arrest, courts consider three factors: the temporal proximity of the arrest and the confession, the presence of intervening circumstances, and, particularly, the purpose and flagrancy of the official misconduct. Here, Shaw's confession was a product of his unlawful de facto arrest and must be suppressed. Shaw's confession occurred during his unlawful detention, and the Court is not persuaded that the presence of the drug-detection canine purged the taint of the illegal arrest. Shaw was never informed of his right to remain silent and was held without individualized suspicion. Although his confession was not made in response to an interrogation, the Court is not convinced it was a product of his own free will.   
       4. The Court next addresses Shaw's standing to challenge the search of the tote bag. Whenever a defendant is charged with committing a possessory drug offense -- as in this case -- standing is automatic, unless the State can show that the property was abandoned or the accused was a trespasser. The tote bag was found in the back seat of a car that had four occupants. They were ordered out of the car. The State simply has not established that the bag was abandoned property. The trespasser exception has even less relevancy. The record is devoid of any evidence that Shaw put the drugs in the tote bag without Dickerson's knowledge. Shaw had automatic standing to challenge the search of the bag.   
       5. The Court thus considers whether the search fell within the consent-search exception to the warrant requirement. An individual's voluntary consent to search a constitutionally protected area eliminates the need for law enforcement to obtain a warrant. When Hanson consented to the search, she had already been arrested and handcuffed. The officers asked her multiple times for consent to search the vehicle. She relented only after an officer informed her of Shaw's unlawfully obtained confession. The warrantless search of the Tahoe was unconstitutional and the evidence seized through that search is therefore subject to suppression. Nor can the evidence come in through Shaw's confession.   
       6. The State failed to make the necessary showing under either inevitable discovery or the independent source exceptions to the exclusionary rule. Accordingly, the unconstitutionally obtained evidence remains suppressed.   (A-33/34-16)
3. Summer Blast Happy Hour July 12, 2019 at Bar A was a good time.
       We thank over 185 professionals, attorneys and friends who attended the Summer Blast Happy Hour & Networking Social at Bar Anticipation. My family and I had a great time catching up with old friends and meeting new ones. 
We appreciate the many attendees donated canned goods donated which were donated to St. Matthews Edison Food Pantry.
If you have any photos, please e-mail to Vercammenlaw@njlaws.com and share them on the Facebook pages below.
       Happy hour Facebook photos
       We thank the co-sponsors sponsors for the Happy Hour the NJ State Bar Association Sections and Committees, Monmouth Bar Association, Monmouth Chamber of Commerce, Lakewood Chamber of Commerce, Retired Police & Fire Middlesex Monmouth Local 9, Edison Elks and nine other organizations.
       Special thanks to my friends who helped hang up the banners and our volunteers who checked in the guests and gave out wristbands. 
Ken Vercammen, Esq. has been having social events and participating in Bar Anticipation activities for 25 years. We appreciate the generosity of manager Johnny Bee & co-owners Reggie Hyde, Pat Mastroli, and Tom Jannarone, Esq. 
We look forward to seeing you and all your friends at our future events. We will include you in our notices of upcoming fun and charity events. Please connect with Ken V on LinkedIn https://www.linkedin.com/in/kennethvercammen/

4. Charity Running & other Community Events. 
8/10/19  Asbury Sheehan 5k Asbury Park, N.J. 8:30am Wakefern Shoprite co-sponsor jsrc.org
8/17/19  Bradley Beach 5k 8:30 Wakefern Shoprite co-sponsor eliteracingsystems.com park north of race, then Darcy tavern
8/ 18/19  Ray Licata Long Branch One Mile Ocean Swim 1 mile 8am
8/31/19  Scranton Capt. Minicozzi 5k 10am https://runsignup.com/Race/Events/PA/Scranton/Minicozzi5k

5. Ken V will be turning 60 in August 2019


August 7 Ken V 60th birthday: 
Bike 60 miles to end of Island Beach State Park south of Seaside
Run 6 miles to end of Seaside boardwalk 
Swim .6 miles
Stop at 6 restaurants with view of water starting at 
      Island Beach Motor Lodge Chef Mike's ABG Bar, Central Ave & 24th Ave Berkeley Township, NJ 08752 near entrance to Island Beach State park then Seaside Boardwalk 

    I have agreed to volunteer to speak at 60 community and Bar Association programs. Let me know if your organization needs a speaker on Wills, Estate Planning, Asset Protection. 

I will be running 60 5k races and charity running events.
I will write 60 articles and newsletters for bar association and non-profit groups

     In 2019 Ken Vercammen participated in the following running races to help raise money for community activities. The goal for 2019 is 60 races while turning 60.
Races through July
  1. Jan 6, 2019  Bob Tona mile
  2. Jan 20, 2019  Freehold Area Running Club 5k
  3. Jan 26, 2019  Las Vegas HHH desert trail run
  4. Feb 3, 2019  Gateway to Space 5K Shuttle Landing Facility Runway * Kennedy Space Center 23:43 2nd age group Benefit American Cancer society
  5. Feb 10, 2019  Ocean Running club 4 mile 30: 53   3rd age group
  6. Feb 17, 2019  Manasquan 2 mile
  7. Mar 2, 2019  Saturday Mt Holly St Patrick's Parade 5K run 11am Mount Holly, NJ   2nd age 23:49
  8. March 17, 2019  St. Paddy's 5 mile  
  9. March 30, 2019  MUTT STRUT 5K 7:30 AM Indian Harbor Beach, Florida 2nd place age group
  10. April 6, 2019  Runapolooza Jersey Shore relay 2nd place corporate team 
  11. April 13, 2019  Colonia 5k ran with Lexi dog
  12. April 20, 2019  Race the Sun 5K, Viera, FL
  13. April 27, 2019  Lake Como 5kBenefit Elks Camp Moore for Children with Special Needs
  14. April 28, 2019  Tour de Franklin,Franklin Food Bank 62-mile bike ride
  15. May 4, 2019 Farmlands bike This family-friendly event has marked routes in a variety of distances, from a leisurely 15,25,35 mile jaunt to the ambitious 50 mile, metric (62.5 miles) and century (100 miles) Central Jersey Bike Club Middletown http://www.cjbc.org
  16.  May 5, 2019  Sayreville 5k 3rd age group
  17. May 11, 2019  Step Up for the Arc 5kOak Ridge Park in Clark 2nd age group
  18. May 19, 2019  NJ Sharing Network 5k Long Branch 8:30 Sunday
  19. May 19, 2019 President's Cup 5K, 4:00pm, Millburn,) USATF NJ OPEN MEN'S CHAMPIONSHIP Sunday PRESIDENT'S CUP 5k, Millburn Ken V
  20. May 25, 2019  Spring Lake Five Mile  Run  Saturday 8:30am then free food at Bar A.
  21. May 26, 2019  Navesink 1.2 mile swim   8:15 AM
  22. May 27, 2019  North Brunswick Memorial Day 5k 8:30am North Brunswick Community Park Route 130 South
  23. June 1, 2019  Avon 5k 6/1/19 Sat 8:30am  Avon-By-the-Sea  local First Aid squad jsrc.org
  24. June 1, 2019  RVRR Towpath Training run benefit Cancer Institute & post run picnic
  25. June 15, 2019  Pancreatic Cancer 5k Run for a Cure, 9am, Roosevelt Park, Edison 1st age group
  26. June 16, 2019  Fuce 5K 8:30 Metuchen HS Lexi ran 26:23 first dog
  27. July 4, 2019  JENNY'S KLOSET FIRECRACKER 5K Peckville, PA 18452 1st 50-59 22:56
  28. July 6, 2019  2 Mile Race Murphy's Pub, Swoyersville, PA
  29. July 9, 2019  Tuesday night Raritan Valley Road Runners RVRR 5k summer series Highland Park Donaldson Park
  30. July 10, 2019  Woodbridge Pizza run 4-mile
  31. July 13, 2019  Belmar Five Mile Run 5 mile
  32. July 20, 2019  NJ State Triathlon Sprint Mercer County Park
  33. July 21, 2019  Manasquan Ocean Mile Swim 8am https://www.raceforum.com/squanswim
Editor's Note and Disclaimer:
All materials Copyright 2019. 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

Friday, June 14, 2019

E561 1. Recent cases: Refusal to let police into home is not criminal interference. 2. Miranda violated here where detectives failed to advise subject of charges. 3. Organ and Tissue Donation and Transplantation helpful information. 4. LIVING WILLS in NJ 5. May 26, Edison Annual Memorial Day Parade, Edison Township 6. Edison Elks Community Pool Applications available 7. Annual Jersey Shore Happy Hour & Networking Social July 12, 2019 8. Charity running events May

In this Issue:
1. Recent cases: Refusal to let police into home is not criminal interference.
2.  Miranda violated here where detectives failed to advise subject of charges. 
3. Organ and Tissue Donation and Transplantation helpful information.  
4.  LIVING WILLS in NJ  
5.  May 26, Edison Annual Memorial Day Parade, Edison Township
6.  Edison Elks Community Pool Applications available
7. Annual Jersey Shore Happy Hour & Networking Social July 12, 2019
8. Charity running events May
1. Recent cases: Refusal to let police into home is not criminal interference. State v. Fede.
     The Court stresses that the police officers had the right to enter defendant's home under the emergency-aid doctrine, which permits warrantless entry under circumstances like those presented in this case. Because defendant's refusal to remove the door chain did not constitute an affirmative interference for purposes of obstructing justice within the meaning of the obstruction statute, the Court reverses the judgment of the Appellate Division and vacates defendant's conviction. (A-53-17)

2. Miranda violated here where detectives failed to advise subject of charges. State v. Vincenty __ NJ __ (2019)
     The record reveals that the detectives failed to inform Vincenty of the charges filed against him when they read him his rights and asked him to waive his right against self-incrimination. That failure deprived Vincenty of the ability to knowingly and intelligently waive his right against self-incrimination. Pursuant to A.G.D., Vincenty's motion to suppress should have been granted. (A-40-17; 
3. Organ and Tissue Donation and Transplantation helpful information.        
   Every day in April, people across the U.S. make a special effort to celebrate the tremendous generosity of those who have saved lives by becoming organ, tissue, marrow, and blood donors and to encourage more Americans to follow their fine example. The celebration commemorates those who have received or continue to wait for life saving transplants and honors those who died while waiting.
    Who can be a donor? People of all ages and medical histories should consider themselves potential donors. Your medical condition at the time of death will determine what organs and tissue can be donated.   
       
     Does my religion support organ and tissue donation? Every major religion in the United States supports organ and tissue donation as one of the highest expressions of compassion and generosity.   
     Is there a cost to be an organ, eye and tissue donor? There is no cost to the donor's family or estate for donation. The donor family pays only for medical expenses before death and costs associated with funeral arrangements.
        
     Does my social and/or financial status play any part in whether or not I will receive an organ if I ever need one? No.  When you are on the transplant waiting list for a donor organ, what really counts is the severity of your illness, body size, tissue type, blood type and other important medical information.   
       Why should I register to be an organ and tissue donor? Organ and tissue transplants offer patients a new chance at healthy, productive, and normal lives and return them to their families, friends and communities.  To learn more or to register to become an organ and tissue donor, visit www.NJSharingNetwork.org. Also contact your attorney to have a Living Will/ Advance Directive prepared.
4. LIVING WILLS in NJ
By: Kenneth A. Vercammen, Esq.
ADVANCE DIRECTIVES/ LIVING WILLS
       All States have declared that competent adults have the fundamental right in collaboration with their health care providers, to control decisions about their own health care.  States recognize in their laws and public policy, the personal right of the individual patient to make voluntary, informed, choices to accept, reject or to choose among various alternative courses of medical and surgical treatment.
WHY ADVANCE DIRECTIVES/ LIVING WILLS
       Modern advances in science and medicine have made possible the prolongation of the lives of many seriously ill individuals, without always offering realistic prospects for improvement or cure.  For some individuals the possibility of extended life is experienced as meaningful and of benefit.  For others, artificial continuation of life may seem to provide nothing medically necessary or valuable, serving only to extend suffering and draw out the dying process.  States recognize the inherent dignity and value of human life and within this context recognize the fundamental right of individuals to make the necessary health care decisions to have life-prolonging medical, surgical, or procedure means provided, withheld, or withdrawn.
       States acknowledge the right of competent adults to plan ahead for health care decisions through the execution of advance directives, such as living wills and durable powers of attorney, and to have their wishes respected, subject to certain limitations.
PURPOSE OF LIVING WILLS
       In order to assure respect for patients' previously expressed wishes when the capacity to participate actively in decision making has been lost or impaired; to facilitate and encourage a sound decision making process in which patients, health care representatives, families, physicians, and other health care professionals are active participants; to properly consider patients' interests both in their self-determination and well-being; and to provide necessary and appropriate safeguards concerning the termination of life-sustaining treatment for incompetent patients as the law and policy of this State and the Legislatures have enacted Living Will/ Advance Directives for Health Care Acts.
REQUIREMENTS OF STATUTE
       The advance directive for health care (Living Will) requires a writing executed in accordance with the requirements of the state law.  It must be signed and dated in front of an attorney at law, other person authorized to administer oaths, or in the presence of two subscribing adult witnesses.  If the two adult witnesses are used, they both must attest that the declarant is of sound mind and not under undue influence.  A designated health care representative shall not act as a witness to the execution of the advance directive.  Since this is a legal document, it must be executed properly to be valid under the statute.
HEALTH CARE REPRESENTATIVE
       The declarant must designate one or more alternative health care representatives.  "Health care representative" means the person designated by you under the Living Will for the purpose of making health care decisions on your behalf.
 WHEN DOES THE ADVANCE DIRECTIVE BECOME OPERATIVE
       An advance directive becomes operative when (1) it is transmitted to the attending physician or to the health care institution, and (2) it is determined pursuant to the Act that the patient lacks capacity to make a particular health care decision.
       Treatment decisions in pursuit of an advance directive shall not be made and implemented until there has been a reasonable opportunity to establish and where appropriate confirm, a reliable diagnosis for the patient which shall include the attending physician's opinion concerning the nature, cause, extent, and probable duration of the patient's incapacity.  This soon after shall be made a part of the patient's medical records.  For additional information or to have a "Living Will" prepared, see your attorney.  In addition, be certain your Last Will and testament is up to date.
Why should I consider writing an advance directive/ living will?
        Serious injury, illness or mental incapacity may make it impossible for you to make health care decisions for yourself. In these situations, those responsible for your care will have to make decisions for you. Advance directives are legal documents which provide information about your treatment preferences to those caring for you, helping to insure that your wishes are respected even when you can't make decisions yourself A clearly written and legally prepared directive helps prevent disagreements among those close to you and alleviates some of the burdens of decision making which are often experienced by family members, friends and health care providers. 
  
5. May 26, Edison Annual Memorial Day Parade, Edison Township
 Veterans, marching units, scout troops, youth sports leagues, high school organizations, floats, antique cars, local police and fire departments, and horse mounted individuals or units are invited to participate in the parade. Starts noon Sunday
The Parade will start at Division Street and continue down Plainfield Avenue to Jefferson Blvd and end at Father & Son Legion Post 435 at the intersection of Jefferson Blvd and Oakland Avenue.
http://www.edisonnj.org/Memorial%20Day%20Parade%20Ad.pdf
American Legion Father & Son Post 435
43 Oakland Ave. [off Jefferson near Wick Plaza]
Edison, NJ 08817
732) 985-9768
Metuchen Memorial Day Parade & Ceremony  Monday, May 27, 2019
PARADE at 10am
From Brunswick Avenue & Edgar School, proceeding north on Main Street to New Street, to end at the Plaza for the
CEREMONY at 11:30am
Reception at American Legion Fugle Hummer Post 65 Metuchen
17 Calvin Pl,
Metuchen, NJ 08840 Phone: (732) 321-9594
https://www.facebook.com/events/2007880206179644/
6. Edison Elks Community Pool Applications available
      The Edison Elks are once again pleased to co-sponsor the Edison Community Pool, located on Old Post Road in Edison. They look forward to serving the Edison Community and surrounding areas this summer.
       
      The Metuchen YMCA is not helping the Edison Community Pool this year. To join the pool for 2019, you need to join the Elks or Elks Auxiliary. I have enjoyed my Community Elks membership in the Edison Elks for 25 years.
     The renovated Edison Community Pool located on Old Post Road in South Edison is surrounded by a wooded picnic area. The facility boasts a 25-yard, 4-lane pool, water slide and a kiddie pool for youngsters.
     The Swim team competes against area pools.
     Bathrooms with showers and a snack area with vending machines are conveniently located around the pool area. A sand-filled volleyball court, basketball courts and playground make this swim club a place for family fun.
Edison Pool Dates and Hours of Operation:
  
    The Pool opens on weekends from Memorial Day through June 23- Hours Sat. 11am-8pm and Sun.12-8pm.  The pool will be open from the summer starting June 23 through Labor Day
Thursday, Friday, Saturday, Sunday Swim lessons for children ages 4-6 and 7-8 also to be announced.
7. Annual Jersey Shore Happy Hour & Networking Social July 12, 2019
   Professionals, Attorneys, 5k runners, Law Enforcement, friends invited to Happy Hour & Networking Social
   Friday July 12, 2019
at Bar Anticipation
703 16th Ave. Lake Como/ Belmar, NJ 07719
   Free !    
5:30-7:55PM Hot & Cold Buffet
   The reduced price Happy Hour is 6-7PM is $2.00 House Drinks, House Wine Bud/BudLt draft
   If your professional group, non-profit or organization wishes to co-sponsor the networking happy hour, please contact
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817  
   Co-sponsored by NJ State Bar Association Municipal Court Section & several other organizations
     Outdoor & Indoor music, prize giveaways. Bring your friends. Pass this along. Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
8. Charity running events May
May 24, 2019 "Legends of Belmar" Friday night of Memorial Day - "Start of Summer Happy Hour with the Legends of Belmar" Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jais 5:30 free food Ocean Ave. Belmar, 7:30 Bar Anticipation 16th Ave not a race, just social event. The greats of Belmar beach volleyball, friends of Holme band and the beach start Memorial Day at D'Jais & Bar A. Give out American Flag stickers to lucky customers to show your support for USA and those who served. Marty P, John C. Chris K, maybe even Daniel-son

May 25, 2019 Spring Lake Five Mile Run    Saturday    8:30am then free food at Bar A. 5/25/19
May 26, 2019 Navesink 1.2 mile swim   8:15 AM
May 27, 2019 North Brunswick Memorial Day 5k 8:30am North Brunswick Community Park Route 130 South
June 1, 2019 Avon 5k 6/1/19      Sat 8:30am     Avon-By-the-Sea       local First Aid squad   jsrc.org

June 1, 2019 RVRR Towpath Training run benefit Cancer Institute & post run picnic

June 2, 2019 George Washington Bridge Challenge Sunday, 20195k 7:45 am
June 8, 2019 PEYTON'S PROMISE 5K RUN Saturday, Sea Isle City.
  Editorial Assistance provided by Marina Dal Agnol.  Ms. Dal Agnol is currently participating in Kenneth Vercammen's Internship Program and will be entering her second year at Elisabeth Haub School of Law at Pace University.  

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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