Elks officers 2019 Elks officers 2019 Back row: George Yusko PDD, Dan Disaio ER #1914, Doug Pearson PER, Tony Cox, Karl Pearson ER, Carlo Conrad, Henry Santos, Jeff Shipman, Ken Vercammen, Cliff Lenox PDD. Front Row: Kristina Perez, Kim Farinick PER, Kitty Cox, Carol Bonura VP, Tracey Conrad, Madelyn Lenox PVP, Phil Musso

Elks officers 2019

Back row: George Yusko PDD, Dan Disaio ER

#1914, Doug Pearson PER, Tony Cox, Karl

Pearson ER, Carlo Conrad, Henry Santos, Jeff

Shipman, Ken Vercammen, Cliff Lenox PDD.

Front Row: Kristina Perez, Kim Farinick PER,

Kitty Cox, Carol Bonura VP, Tracey Conrad,

Madelyn Lenox PVP, Phil Musso

No Will - Administration of Estate in New Jersey NJSA 3B:10-2

NJSA 3B:10-2. To whom letters of administration granted
If any person dies intestate, administration of the intestates estate shall be granted to the surviving spouse of the intestate, if he or she will accept the administration, and, if not, or if there be no surviving spouse, then to the remaining heirs of the intestate, or some of them, if they or any of them will accept the administration, and, if none of them will accept the administration, then to any other person as will accept the administration.
If the intestate leaves no heirs justly entitled to the administration of his estate, or if his heirs shall not claim the administration within 40 days after the death of the intestate, the Superior Court or surrogates court may grant letters of administration to any fit person applying therefor.

No Will - Administration of Estate

3B:10-2. To whom letters of administration granted
If any person dies intestate, administration of the intestates estate shall be granted to the surviving spouse of the intestate, if he or she will accept the administration, and, if not, or if there be no surviving spouse, then to the remaining heirs of the intestate, or some of them, if they or any of them will accept the administration, and, if none of them will accept the administration, then to any other person as will accept the administration.
If the intestate leaves no heirs justly entitled to the administration of his estate, or if his heirs shall not claim the administration within 40 days after the death of the intestate, the Superior Court or surrogates court may grant letters of administration to any fit person applying therefor.

No PTI If Guilty Plea Is Made; State v. Frangione 369 NJ Super. 258 (App. Div. 2004)

Defendant is not entitled to reconsideration of her application for enrollment into the pretrial intervention (PTI) program when she pleads guilty to third-degree possession of a controlled dangerous substance in exchange for dismissal of a count charging second-degree possession with intent to distribute. 

Defendant is not entitled to reconsideration of her application for enrollment into the pretrial intervention (PTI) program when she pleads guilty to third-degree possession of a controlled dangerous substance in exchange for dismissal of a count charging second-degree possession with intent to distribute. 

Hire a Trial Attorney To Represent You If Charged With a Criminal Or Serious Motor Vehicle Matter Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office also helps people with traffic/municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended. Criminal and Motor vehicle violations can cost you. You may have to pay high fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV/MVC [Motor Vehicle Commission] or have your license suspended. Don't give up!

Our website KennethVercammen.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations. Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses.

No Harassment If Dispute Is over Finances; State v. Walsh, 360 NJ Super. 208 (App. Div. 2003)

Defendant's conviction for harassment under N.J.S.A. 2C:33-4 is reversed where the complaint was filed by defendant's daughter, on advice of her mother's matrimonial counsel, and prosecuted by a private prosecutor apparently retained by the mother on recommendation of her attorneys, when the harassment complaint followed an argument between father and daughter over finances, resulting in his taking her car privileges and her leaving his house and being stranded when he drove off in the car. As the totality of circumstances, detailed in the opinion, would not sustain a domestic-violence restraining order based on harassment, they will not sustain a conviction for violating the harassment statute. 

Hire a Trial Attorney To Represent You If Charged With a Criminal Or Serious Motor Vehicle Matter Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office also helps people with traffic/municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended. Criminal and Motor vehicle violations can cost you. You may have to pay high fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV/MVC [Motor Vehicle Commission] or have your license suspended. Don't give up!

The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal and motor vehicle violations. When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV/MVC surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.

Our website KennethVercammen.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations. Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses.

No Expungement Involving Public Offense Crime; in the Matter of Expungement Application of P.A.E., 176 NJ 218 (2003)

The expungement bar under the third paragraph of N.J.S.A. 2C:52-2b does not extend to private citizens who aid and abet public officeholders in the commission of crimes involving or touching their offices.

No Duty of Father to Pay for College When Daughter Wanted Nothing to do with Father Gac v. Gac 186 NJ 535 Decided May 18, 2006

Facts & Preliminary Procedure: This case involves the question of whether a father must pay the college debt owed by his estranged daughter. Gaynell and Paul Gac were divorced in Ocean County in 1987. At the time of their divorce, the Gac's two children, Justin and Alyssa, were twelve and nine, respectively. The trial court did not order visitation between the father and the children. Although the father attempted to establish a "one way" relationship by sending occasional gifts, cards, and letters -- as recommended by Dr. Mathias Hagovsky, who performed a psychological evaluation of the family -- in 1994, the father received a package containing many of the cards, letters, and checks he had sent the children. The package also included a message from then sixteen-year-old Alyssa telling him that they didn't "want anything to do with you."
In 1989, the father had remarried and became the stepfather to two children. A child was born to that family in 1994. Eventually, Alyssa sought to attend college. During the college selection process, she did not involve her father in any way. On financial aid applications, she noted that her father was not part of her life, was not assisting in financing her way through college, and that his whereabouts were currently unknown. Throughout this period, the father continued to make child support payments. Alyssa graduated from Quinnipiac College, a private school, in 2000. On July 11th of that year, the father moved to terminate child support for both Justin and Alyssa. The mother opposed the motion and cross-moved for continuation of child support for Alyssa and for reimbursement of the cost of her college tuition. The motion court terminated the father's child support but ordered him to pay up to one-half of Alyssa's outstanding college loans.
On appeal, the Appellate Division remanded the matter to the trial court for a hearing to consider the twelve factors enunciated in Newburgh v. Arrigo, 88 N.J. 529, 545 (1982), in connection with a divorced parent's financial obligations in respect of a child's college education. The trial court concluded that although the father might not have paid much toward Alyssa's college education had the marriage lasted, he had "some responsibility for her higher undergraduate education." The court directed the father to pay 40% of Alyssa's loans, including accumulated interest.
The father again appealed to the Appellate Division. That court noted that it was difficult to balance the Newburgh factors in this case because there were equitable considerations supporting both sides. Although the Appellate Division concluded that the father had to contribute to Alyssa's college loans, it limited his reimbursement
to $20,000, inclusive of interest.
The Supreme Court granted Paul Gac's petition for certification.
HELD: Under the unusual circumstances presented and in light of the lateness of the application for financial contribution, a fair balancing of the factors enumerated in Newburgh v. Arrigo, 88 N.J. 529, 545 (1982), and the relevant provisions of the statute relating to child support, N.J.S.A. 2A:34-23(a)(5), demonstrates that the non-custodial parent should not have to contribute to the child's college loans
1. The father argues that the first Newburgh factor -- whether a non-custodial parent would have contributed to the child's higher education if the family had remained together -- should be viewed as a threshold that the mother has not met. In addition, he argues that it is a violation of the New Jersey and federal constitutions to compel divorced parents, but not married parents, to pay for their college education.
2. The need and capacity of a child for higher education are two of many factors a court must consider in determining the amount of child support. The Legislature and the courts have long recognized a child's need for higher education and that this need is a proper consideration in determining a parent's child support obligations. Six
years after the decision in Newburgh, the Legislature, in amending the child support statute, essentially approved the criteria set forth in the Court's opinion. Thus, a trial court should balance the statutory criteria and the Newburgh factors, as well as any other relevant circumstances, to reach a fair and just decision.
3. The first Newburgh factor is not a threshold factor. Rather, it is one of the numerous factors to be evaluated and weighed in determining whether a non-custodial parent must contribute to higher education expenses. Based on the factual findings of this case, the Court concludes that a fair balancing of the factors and other pertinent facts favors the father's position.
4. A relationship between a non-custodial parent and a child is not required for the custodial parent or the child to ask the non-custodial parent for financial assistance to defray college expenses. In the within matter, during the period in question the mother received child support from the father and could have sought additional support for Alyssa's education. Also, Alyssa could have sought financial assistance from her father before she incurred her college expenses. Neither application was made until the father sought to terminate child support after Alyssa had graduated from college. The Newburgh factors, reaffirmed in this opinion, contemplate that a parent or child seeking contribution towards the expenses of higher education will make the request before the educational expenses are incurred. The failure to do so will weigh heavily against the grant of a future application.

NJSA:21-8.1. Definition;determination of Degree of Offense

C:21-8.1. Definition; determination of degree of offense. 
a.As used in chapter 21, unless a different meaning plainly is required:

Benefit derived means the loss resulting from the offense or any gain or advantage to the actor, or coconspirators, or any person in whom the actor is interested, whichever is greater, whether loss, gain or advantage takes the form of money, property, commercial interests or anything else the primary significance of which is economic gain.

b. The benefit derived or resulting harm in violation of chapter 21 shall be determined by the trier of fact. The benefit derived or resulting harm pursuant to one scheme or course of conduct, whether in relation to the same person or several persons, may be aggregated in determining the degree of the offense.

L.1981, c. 290, s. 23, eff. Sept. 24, 1981.

NJSA 9:6-8.21 Child Abuse Law Definitions

Child abuse law Definitions. 9:6-8.21
1.As used in this act, unless the specific context indicates otherwise:

a."Parent or guardian" means any natural parent, adoptive parent, resource family parent, stepparent, paramour of a parent or any person, who has assumed responsibility for the care, custody or control of a child or upon whom there is a legal duty for such care. Parent or guardian includes a teacher, employee or volunteer, whether compensated or uncompensated, of an institution who is responsible for the childs welfare and any other staff person of an institution regardless of whether or not the person is responsible for the care or supervision of the child. Parent or guardian also includes a teaching staff member or other employee, whether compensated or uncompensated, of a day school as defined in section 1 of P.L.1974, c.119 (C.9:6-8.21).

b."Child" means any child alleged to have been abused or neglected.

c."Abused or neglected child" means a child less than 18 years of age whose parent or guardian, as herein defined, (1) inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ; (2) creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ; (3) commits or allows to be committed an act of sexual abuse against the child; (4) or a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, as herein defined, to exercise a minimum degree of care (a) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or (b) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment; or by any other acts of a similarly serious nature requiring the aid of the court; (5) or a child who has been willfully abandoned by his parent or guardian, as herein defined; (6) or a child upon whom excessive physical restraint has been used under circumstances which do not indicate that the childs behavior is harmful to himself, others or property; (7) or a child who is in an institution and (a) has been placed there inappropriately for a continued period of time with the knowledge that the placement has resulted or may continue to result in harm to the childs mental or physical well-being or (b) who has been willfully isolated from ordinary social contact under circumstances which indicate emotional or social deprivation.

A child shall not be considered abused or neglected pursuant to paragraph (7) of subsection c. of this section if the acts or omissions described therein occur in a day school as defined in this section.

No child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for this reason alone be considered to be abused or neglected.

d."Law guardian" means an attorney admitted to the practice of law in this State, regularly employed by the Office of the Public Defender or appointed by the court, and designated under this act to represent minors in alleged cases of child abuse or neglect and in termination of parental rights proceedings.

e."Attorney" means an attorney admitted to the practice of law in this State who shall be privately retained; or, in the instance of an indigent parent or guardian, an attorney from the Office of the Public Defender or an attorney appointed by the court who shall be appointed in order to avoid conflict between the interests of the child and the parent or guardian in regard to representation.

f."Division" means the Division of Youth and Family Services in the Department of Children and Families unless otherwise specified.

g."Institution" means a public or private facility in the State which provides children with out of home care, supervision or maintenance. Institution includes, but is not limited to, a correctional facility, detention facility, treatment facility, day care center, residential school, shelter and hospital.

h."Day school" means a public or private school which provides general or special educational services to day students in grades kindergarten through 12. Day school does not include a residential facility, whether public or private, which provides care on a 24-hour basis.

L.1974, c.119, s.1; amended 1977, c.209, s.1; 1987, c.341, s.6; 1994, c.58, s.39; 1999, c.53, s.55; 2004, c.130, s.27; 2005, c.169, s.1; 2006, c.47, s.47.

9:6-8.22 Jurisdiction of Superior Court, Chancery Division, Family Part.

2.The Superior Court, Chancery Division, Family Part in each county shall have jurisdiction over all noncriminal proceedings involving alleged cases of child abuse or neglect, and shall be charged with the immediate protection of said children, whereby the safety of the children shall be of paramount concern. All noncriminal cases involving child abuse shall be commenced in or transferred to this court from other courts as they are made known to the other courts. Commencement of cases of child abuse or neglect must be the first order of priority in the Family Part.

L.1974,c.119,s.2; amended 1977, c.209, s.2; 1991, c.91, s.198; 1999, c.53, s.6.

9:6-8.23. Law guardian; appointment
3. a. Any minor who is the subject of a child abuse or neglect proceeding under this act must be represented by a law guardian to help protect his interests and to help him express his wishes to the court. However, nothing in this act shall be construed to preclude any other interested person or agency from appearing by counsel.

b. The Superior Court, Chancery Division, Family Part, on its own motion, will make appointments of law guardians.

NJSA 9:6-8.11 Actions to Ensure Safety of Child; Investigation; Report

9:6-8.11 Actions to ensure safety of child; investigation; report

4.Upon receipt of any such report, the Division of Youth and Family Services, or such another entity in the Department of Children and Families as may be designated by the Commissioner of Children and Families to investigate child abuse or neglect, shall immediately take such action as shall be necessary to insure the safety of the child and to that end may request and shall receive appropriate assistance from local and State law enforcement officials. A representative of the division or other designated entity shall initiate an investigation within 24 hours of receipt of the report, unless the division or other entity authorizes a delay based upon the request of a law enforcement official. The division or other entity shall also, within 72 hours, forward a report of such matter to the child abuse registry operated by the division in Trenton.
The child abuse registry shall be the repository of all information regarding child abuse or neglect that is accessible to the public pursuant to State and federal law. No information received in the child abuse registry shall be considered as a public record within the meaning of P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.).