What Are Interrogatory Questions?

Interrogatory Questions and Discovery  The Complaint and Defendant's Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. The Superior Court has set up certain "Form" Interrogatories which are contained in the Rules of Court. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. The deposition is just as important as the trial itself. In the event you are deposed during the course of this action, you will receive detailed instructions as to procedure and will be requested to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date.  Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.  An injured person and their attorney must answer Court Rule Interrogatory Questions Form A, plus supplemental questions propounded by the attorney for the defendant.   The Court Rules require plaintiffs provide answers. If answers are not provided your case will be dismissed.  You must answer each and every question as detailed as possible.  Do not answer  any of the questions with, "see doctor's report" or "see bills."  We strongly recommend you visit the accident site if possible to refresh your recollection as to distances and buildings nearby. Your attorney will later type up your answers and mail a copy back to you for your records. The following are the Questions: Form A. Uniform Interrogatories to be Answered by Plaintiff in All Personal Injury Cases: Superior Court All questions must be answered unless the court otherwise orders or unless a claim of privilege or protective order is made in accordance with R. 4:17-1(b)(3). (Caption) 1. Full name, present address and date of birth. 2. Describe in detail your version of the accident or occurrence setting forth the date, location, time and weather. 3. Detailed description of nature, extent and duration of any and all injuries. 4. Detailed description of injury or condition claimed to be permanent together with all present complaints. 5. If confined to a hospital, state its name and address, and dates of admission and discharge. 6. If any diagnostic tests were performed, state the type of test performed, name and address of place where performed, date each test was performed and what each test disclosed. Attach a copy of the test results. 7. If treated by any health care provider, state the name and present address of each health care provider, the dates and places where treatments were received and the date of last treatment. Attach true copies of all written reports provided to you by any such health care provider whom you propose to have testify in your behalf. 8. If still being treated, the name and address of each doctor or health care provider rendering treatment, where and how often treatment is received and the nature of the treatment. 9. If a previous injury, disease, illness or condition is claimed to have been aggravated, accelerated or exacerbated, specify in detail the nature of each and the name and present address of each health care provider, if any, who ever provided treatment for the condition. 10. If employed at the time of the accident, state: (a) name and address of employer; (b) position held and nature of work performed; (c) average weekly wages for past year; (d) period of time lost from employment, giving dates; and (e) amount of wages lost, if any. 11. If there has been a return to employment or occupation, state: (a) name and address of present employer; (b) position held and nature of work performed; and (c) present weekly wages, earning, income or profit. 12. If other loss of income, profit or earnings is claimed: (a) state total amount of the loss; (b) give a complete detailed computation of the loss; and (c) state the nature and source of the loss of income, profit and earnings, and he dates of the deprivation. 13. Itemize in complete detail any and all moneys expended or expenses incurred for hospitals, doctors, nurses, diagnostic tests or health care providers, x-rays, medicines, care and appliances and state the name and address of each payee and the amount paid and owed each payee. 14. Itemize any and all other losses or expenses incurred not otherwise set forth. 15. Identify all documents that may relate to this action, and attach copies of each such document. 16. State the names and addresses of all eyewitnesses to the accident or occurrence, their relationship to you and their interest in this lawsuit. 17. State the names and addresses of all persons who have knowledge of any facts relating to the case. 18. If any photographs, videotapes, audio tapes or other forms of electronic recording, sketches, reproductions, charts or maps were made with respect to anything that is relevant to the subject matter of the complaint, describe: (a) the number of each; (b) what each shows or contains; (c) the date taken or made; (d) the names and addresses of the persons who made them; (e) in whose possession they are at present; and (f) if in your possession, attach a copy, or if not subject to convenient copying, state the location where inspection and copying may take place. 19. If you claim that the defendant made any admissions as to the subject matter of this lawsuit, state: (a) the date made; (b) the name of the person by whom made; (c) the name and address of the person to whom made; (d) where made; (e) the name and address of each person present at the time the admission was made; (f) the contents of the admission; and (g) if in writing, attach a copy. 20. If you or your representative and the defendant have had any oral communication concerning the subject matter of this lawsuit, state: (a) the date of the communication; (b) the name and address of each participant; (c) the name and address of each person present at the time of such communication; (d) where such communication took place; and (e) a summary of what was said by each party participating in the communication. 21. If you have obtained a statement from any person not a party to this action, state: (a) the name and present address of the person who gave the statement; (b) whether the statement was oral or in writing and if in writing, attach a copy; (c) the date the statement was obtained; (d) if such statement was oral, whether a recording was made, and if so, the nature of the recording and the name and present address of the person who has custody of it; (e) if the statement was written, whether it was signed by the person making it; (f) the name and address of the person who obtained the statement; and (g) if the statement was oral, a detailed summary of its contents. 22. If you claim that the violation of any statute, rule, regulation or ordinance is a factor in this litigation, state the exact title and section. 23. State the names and addresses of any and all proposed expert witnesses. Set forth in detail the qualifications of each expert named and attach a copy of each expertís current resume. Also attach true copies of all written re-ports provided to you by any such proposed expert witnesses. With respect to all expert witnesses, including treating physicians, who are expected to testify at trial and with respect to any person who has conducted an examination pursuant to Rule 4:19, who may testify, state each such witness's name, address and area of expertise and attach a true copy of all written reports provided to you. If a report is not written, supply a summary of any oral report provided to you. State the subject matter on which your experts are expected to testify. State the substance of the facts and opinions to which your experts are expected to testify and a summary of the grounds for each opinion. 24. State whether you have ever been convicted of a crime. YES ( ) or NO ( ). If the answer is "yes", state: (a) date; (b) place; and (c) nature. TO BE ANSWERED ONLY IN AUTOMOBILE ACCIDENT CASES 25. Do you have insurance coverage and/or PIP benefits under an applicable policy or policies of automobile insurance? As to each such policy provide the name and address of the insurance carrier, policy number, the named insured and attach a copy of the declaration sheet. If you are making a claim for property damage to a motor vehicle, provide answers to the uniform interrogatories contained in Form B, questions 1 through 18. RULE 4:17. INTERROGATORIES TO PARTIES 4:17-1. Service, Scope of Interrogatories  (a) Generally. Any party may serve upon any other party written interrogatories relating to any matters which may be inquired into under R. 4:10-2. The interrogatories may include a request, at the propounder's expense, for a copy of any paper. (b) Uniform Interrogatories in Certain Actions.        (1) Limitations on Interrogatories. In all actions seeking recovery for property damage to automobiles and in all personal injury cases other than wrongful death, toxic torts, cases involving issues of professional  malpractice other than medical malpractice, and those products liability cases either involving pharmaceuticals or giving rise to a toxic tort claim, the parties shall be limited to the interrogatories prescribed by Forms A, B and C of Appendix II, as appropriate, provided, however, that each party may propound ten supplemental questions, without subparts, without leave of court. Any additional interrogatories shall be permitted only by the court in its discretion on motion.        (2) Automatic Service of Uniform Interrogatories. A party defendant served with a complaint in an action subject to uniform interrogatories as prescribed by subparagraph b(1) of this rule shall be deemed to have been simultaneously served with such interrogatories. The defendant shall serve answers to the appropriate uniform interrogatories within 60 days after service by that defendant of the answer to the complaint. The plaintiff in such an action shall be deemed to have been served with uniform interrogatories simultaneously with service of defendant's answer to the complaint and shall serve answers to the interrogatories within 30 days after service of the answer to the complaint. In all actions commenced prior to September 5, 2000, however, answers to uniform interrogatories shall be demanded by letter of demand served upon all adverse parties within the time prescribed by R. 4:17-2, and answers shall be served within the time prescribed by R. 4:17-4(b).        (3) Claims of Privilege, Protection. Privileged information need not be disclosed provided the claim of privilege is made pursuant to R. 4:10-2(e). Nor need information be disclosed if it is the subject of an identified protective order issued pursuant to R. 4:10-3.         (4) Obligation to Answer Every Question. Except as otherwise provided in subparagraph (b)(3) of this rule, every question propounded by a uniform interrogatory must be answered unless the court has otherwise ordered.  4:17-2. Time to Serve Interrogatories  Interrogatories may, without leave of court, be served upon the plaintiff or answers demanded pursuant to R. 4:17-1(b) after commencement of the action and served upon or demanded from any other party with or after service of the summons and complaint upon that party. Except as provided in R. 4:17-1(b)(2), initial interrogatories shall be served by plaintiff as to each defendant within 40 days after service of that defendant's answer and each defendant shall serve initial interrogatories within said 40-day period. 4:17-3. Number of Copies Served; Form of Interrogatories  The party serving the interrogatories shall furnish the answering party with the original thereof. The interrogatories shall be so arranged that after each separate question shall appear a blank space reasonably calculated to enable the answering party to have the answer typed in. 4:17-4. Form, Service and Time of Answers  (a) Form of Answers; By Whom Answered. Except as otherwise provided in this rule, interrogatories shall be answered in writing under oath by the party upon whom served, if an individual, or, if a public or private corporation, a partnership or association, or governmental agency, by an officer or agent who shall furnish all information available to the party. If a party is unavailable, the interrogatories may be answered by an agent or authorized representative, including a liability carrier who is conducting the defense, whose answers shall bind the party. The party shall furnish all information available to the party and the party's agents, employees, and attorneys. The person answering the interrogatories shall designate which of such information is not within the answerer's personal knowledge and as to that information shall state the name and address of every person from whom it was received, or, if the source of the information is documentary, a full description including the location thereof. Each question shall be answered separately, fully and responsively either in the space following the question or on separate pages. Except as otherwise provided by paragraph (d) of this rule, if in any interrogatory a copy of a paper is requested, the copy shall be annexed to the answer. If the interrogatory requests the name of an expert or treating physician of the answering party or a copy of the expert's or treating physician's report, the party shall comply with the requirements of paragraph (e) of this rule.         (b) Service of Answers; Time; Enlargement of Time. Except as otherwise provided by R. 4:17-1(b)(2), the party served with interrogatories shall serve answers thereto upon the party propounding them within 60 days after being served with the interrogatories. For good cause shown the court may enlarge or shorten such time upon motion on notice made within the 60-day period. Consent orders enlarging the time are prohibited.        (c) Copies; Service by Propounding Party. The original of the answers shall be served upon the propounding party, who shall then serve a copy of the interrogatories and answers upon each of the other parties. Parties against whom default has been entered need not, however, be served, and parties represented by the same attorney need be served with one copy.        (d) Option to Produce Business Records. Where the answer to an interrogatory may be derived or ascertained from or requires annexation of copies of the business records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, or from a compilation abstract or summary based thereon, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such   records and to make copies, compilations, abstracts or summaries.         (e) Expert's or Treating Physician's Names and Reports. If an interrogatory requires a copy of the report of an expert witness or a treating physician, the answering party shall annex to the interrogatory an exact copy of the entire report or reports rendered by the expert or treating physician or a complete summary of any oral report. The answering party shall further certify to not knowing of the existence of other reports of that expert or treating physician, either written or oral, and if such become later known or available, they shall be served promptly on the propounding party, but in no case later than the time provided by R. 4:17-7. If the answer to an interrogatory requesting the name and report of the party's expert or treating physician indicates that the same will be supplied thereafter, the propounder may, on notice, move for an order of the court fixing a day certain for the furnishing of that information by the answering party. Such order may further provide that an expert or treating physician whose name or report is not so furnished shall not be permitted to testify at trial.

Uncontested Divorce

en individuals have family problems, family and service groups can often offer advice and help resolve problems. If separation or divorce is unavoidable, you should see an attorney for advice on how to protect your rights. Areas to Discuss at Initial Interview
When you first meet with your attorney, you should discuss and ask questions regarding the following:
Resolving marital problems
Financial concerns involving child support, alimony, spousal support, pendente lite support and equitable distribution of property acquired during the marriage
Determining child custody and visitation
Grounds for divorce
Domestic Violence Act and Restraining Order
Legal Rights and procedures in court
Retaining the attorney and payment for legal services and costs
Emergency Decision By The Court If necessary the Superior Court can make temporary decisions regarding:
Restraints to keep a violent spouse from harassing and interfering with your life
Occupancy of your house, apartment or condominium
Temporary custody and visitation of minor child
Temporary financial support for children and spouse
Injunction against disposal of personal property, real estate and other assets
Other temporary orders in the discretion of the Judge
Grounds For Divorce Under NJ laws a divorce may be granted for any of the following causes:
Adultery
Willful and continued desertion for 12 or more months, either physical desertion or refusal to have sexual relations with the other spouse may establish this cause.
Extreme cruelty, including any physical or mental cruelty that endangers your safety or health, or which makes continued living together improper or unreasonable.
Separation, if separate and different places of living have been maintained for a least 18 consecutive months or more and there is no reasonable prospect of reconciliation.
"No-Fault" is the familiar term for a divorce based on the separation for at least 18 months. Neither side needs to set forth allegations of fault or abuse. Court appearances are still required.
Voluntarily-induced addiction or habituation to a narcotic drug or habitual drunkenness for 12 or more consecutive months.
Mental illness which resulted in the spouse being kept in an institution for 24 or more
consecutive months after the marriage was begun.
Imprisonment of the spouse for 18 or more consecutive months after the marriage was begun. ( This cause for divorce can be charged after the defendants release from prison only if the husband and wife have not resumed living together after imprisonment ended.)
Deviant sexual conduct voluntarily performed by the defendant without the consent of the spouse.
Is there a "legal separation?"
Technically, there is no such thing in New Jersey as a "legal separation." Separation simply means that you and your spouse no longer live together. Separation may occur by mutual consent or by one of you leaving or being expelled from your home.
What if my spouse has physically abused me?
If there has been actual or threatened physical abuse, your spouse may be ordered by the court to leave your residence and to stay away.
Filing For Divorce
A formal written document called a "complaint" will be prepared by your attorney based upon the information you have supplied. You must sign a statement to verify that the information in the complaint dealing with marriage, residency, children and grounds for divorce are true.
The complaint is filed with the Superior Court of New Jersey, Family Part. A copy of the complaint must then be served on your spouse, either by the County Sheriff, by mail or in person. The attorney for the defendant spouse may accept service of the complaint in lieu of the sheriff serving the complaint.
What The Defendant Spouse Must Do
If served with a Complaint or demand letter from an attorney, you should immediately consult an attorney for advice. If you contest any of the statements in the complaint, you must have a formal pleading called an "answer" filed on your behalf. You can contest alimony, custody, child support and/or equitable distribution of property. You can also file your own complaint called a "Counter-Claim." Even if you do not object to the divorce, you should speak with your attorney because other issues could effect you for many years in the future. If an answer is not filed, a default will be entered against you and a judge will make a decision without your opinion. Thereafter, you will bound by the decision of the judge. Failure to obey all portions of the court order can result in financial penalties and arrest.
Case Information Statement
If child support, alimony and equitable distribution are in issue, both spouses must fill out a Case Information Statement (CIS). This demands comprehensive information regarding your weekly, prior year and current assets, and liabilities. The court will use financial information contained in the CIS to make a determination as to the amount of child support.
Litigation
In addition to the CIS, in a contested matter, Court rules permit the attorneys to require the parties to supply written answers to interrogatories (questions), depositions, (verbal answers), produce documents or admit details.
How Long Does It Take
When the divorce will be granted depends on many details. The more you and your spouse can agree upon, the faster your case can move along. There is a substantial backlog of cases that is beyond the control of your attorney. In an uncontested divorce, where all issues are agreed upon, Final Divorce hearing and divorce could be granted within a few months of filing the complaint. If any issues are contested and cant be settled, a trial and final decision could take years.
Property Settlement Agreement
The parties may agree on signing a written agreement dividing marital property and setting forth support payments. A written agreement can be made prior to the complaint or pending trial. The agreement can provide for custody, visitation, alimony, medical expenses and insurance coverage.
After a husband and wife separate, and especially if they intend to divorce, it is desirable for them to enter into a written contract to provide for: division of real estate and personal property; support, if any, payable to the dependent spouse and children; responsibility for debts and legal fees; health and life insurance arrangements; custody and visitation of children.
Also included are many other items which set forth the mutual rights and duties of the two people. Such an agreement is a contract, but may be enforced as though it is an order of court, (except certain portions such as child custody, support and visitation, which may be modified by the Court), depending on its terms and contents. It is written by your attorneys and follows negotiations between you and your spouse and your attorneys.
Child Support
The judge will follow written guidelines when determining child support. The judge will look at the income of both parties and make an order compelling child support within the guidelines. The judge could also order medical and dental insurance, the payment of day-care and baby-sitting, private school tuition, and life insurance on each parents life with the child as the beneficiary. The court may also order payment of future college tuition.
Who is responsible for the support of the children?
The law imposes a duty on both parents to support their children. This obligation exist even if the parents are not married, and it continues after divorce. In determining the amount of child support to be paid by one parent to the other, the court will consider the respective incomes, earning capacities, assets and needs of both parents, and the needs of the children. The Judge has a "chart" in which he must follow to determine the amount of support that can be compelled.
What is the procedure for obtaining spouse and child support?
A person seeking spouse and/or child support may file a motion for support in the Family Court, in many cases and in all cases involving welfare, a conference will be held by a hearing officer at which both parties will be required to disclose their respective incomes and assets and prove their respective needs. An attempt will be made by the hearing officer to have the parties reach an agreement as to the amount of support. If an agreement cannot be reached, the usual procedure is for the hearing officer to submit a recommendation to the court.
If either party is not satisfied with the recommendation, he or she may demand a hearing before the court at which the order could be modified. If both parties are satisfied with the order entered by the court on the hearing officers recommendation, it will be the final order.
Can a support order be changed?
Either spouse or parent may seek modification (increase or reduction) of a support order if he or she can demonstrate that a material and substantial change of circumstances has taken place since the order was entered. An increase or decrease in earnings or an increase in the needs of the children as they grow older are examples of material and substantial changes in circumstances. Once a child reaches age 18, and is out of school the parents generally are no longer required to support that child. A motion must be made in the Superior Court to reduce or end support. However, if the child is unable to support himself or herself because of some physical, mental or emotional disability, the duty of support continues beyond 18. Parents may also be required to pay support to a child who is attending college.
Custody And Visitation
The "best interest of the child" is the basis on how the judge awards custody of the child. The mother is no longer automatically given custody of the children. The judge looks at the age and sex of the child, ability of the parent to care for the child, personal relationships and, if older, the wishes of the child. Visitation will also be ordered under most circumstances. An equal sharing of physical custody of children is also possible in appropriate cases.
As children get older, greater weight is given by the court to the childs preference as to which parent he or she wishes to reside. An important factor considered by the court is the continued residency of children in a familiar and stable home environment.
Courts are reluctant to disturbance existing arrangement if the children are doing well. The courts are also reluctant to split children between two parents because courts believe that it is in the best interest of brothers and sisters to remain together even though their parents have separated or are divorced.
Equitable Distribution
Most parties eventually reach an agreement to divide property. In New Jersey, each spouse is entitled to a share of the property acquired during the marriage. There is not an automatic 50/50 split. Rather, the judge will make an "equitable distribution" of property after hearing testimony. There is no magic formula. The judge has discretion.
Final Judgment
Upon agreement or after a trial, the judge will enter a "Final Judgment of Divorce". This will declare that the marriage has ended. The judge will sign the Final Judgment of Divorce and it will be filed with the Superior Court in Trenton.
The Final Judgment will also set forth items agreed upon or ordered, such as custody, support, and equitable distribution. After the Divorce, to make a change in support, custody, visitation etc, a formal motion must be made to the Superior Court. In this motion you must demonstrate a change in circumstances.
Our hourly retainer rates are $250 per hour in office and $275 per hour outside office. Minimum fee in uncontested Divorce $1,500

Trying Cases in Municipal Court Speakers

Trying Cases in Municipal Court

Speakers Joshua Reinitz, Esq, John Menzel, J.D. Section Chair, Jon-Henry Barr, Esq. President NJ Prosecutors Assoc. and winner of 2014 Municipal Court Attorney of the Year, Kenneth Vercammen, Esq. Past Municipal Court Attorney of the Year

NJ State Bar Association NJSBA Annual Meeting

Borgata Hotel Atlantic City

Termination of Child Support upon Emancipation in New Jersey

By Kenneth Vercammen, Esq. Child support is usually paid through a wage withholding garnishment at the parents job. Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for you to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation. For example, the term "emancipation" is sometimes defined as follows: (i) The completion of the childs formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. (ii) Upon the completion of any of the aforesaid segments of the childs education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the childs control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child. Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a formal Motion. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the child support Order was entered. The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school. Most child support Order continue child support if the child is in college full time. However, dont give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college. The Motion will need to include the following type of language: PLEASE TAKE NOTICE that the undersigned, attorney for payor parent, will apply to the above named court, at the Court House, on [motion date] for an Order directing that child support payments shall end since the child is now of legal age and emancipated. PLEASE TAKE FURTHER NOTICE that the undersigned shall rely upon the Certification of payor in support of this motion. All Motions, Family, Civil, Criminal and Chancery/ Equity must include a Certification of mailing, similar to the following: CERTIFICATION OF MAILING The undersigned hereby certifies that the original Notice of Motion, Certification and all supporting papers have been filed directly with the __________ County Family Division Motions Clerk, _____________, New Jersey. It is further certified that a copy of the Notice of Motion, Certification and all supporting papers have been served by certified and regular mail upon all counsel and individuals indicated in the Notice of Motion. Often, the Certification we prepare will include some of the following language: CERTIFICATION OF c1 IN SUPPORT OF NOTICE OF MOTION FOR TERMINATION OF CHILD SUPPORT OF c3 I, c1, of full age, hereby certify the following: 1. I am the defendant in the within cause of action and file this Certification in support of my Notice of Motion seeking relief and modification of the Courts prior Order of ___________________. Exhibit 1 2. I was divorced on ____________________, ____________ County, New Jersey. 3. On _______________, the Honorable ______________, ordered me to pay support in the amount of $________ per week for the support of c3, who was residing with my ex-wife. 4. c3 was born on _______________. My child is now 18 years old. Birth certificate Exhibit 2. He works full-time. C3 is not enrolled full time in school. 5. I anticipate retiring someday and need to invest money into a retirement plan. 6. I request that the court terminate child support. I hereby certify that the foregoing statements made by me are true to the best of my knowledge. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Order The Motion, Certification, Exhibits and proposed Order prepared by your attorney will be submitted to a Superior Court Judge in the Family Part. The proposed Order prepared by your attorney will usually contain some of the following language: O ORDER FOR TERMINATION OF CHILD SUPPORT OF c3 This matter having been opened to the Court upon motion of ___, Esq., attorney for c3, for an Order to terminate child support payments, and the Court having considered he Certifications of c1 and c3, documents attached in support of the Motion, and the argument of counsel, if any, and for good cause shown, it is on this __________ day of __________________, 2003, hereby ORDERED that child support for c3 is terminated as of _______________, and it is further ORDERED that the Probation Department immediately update its records upon receipt of this order, and it is further ORDERED that any child support payments withheld after ___________________, shall be refunded to c3 by the Probation Department or o1 within 20 days of receipt of this order, and it is further ORDERED that a copy of this order be served upon all Counsel, the Probation Department and parties within ten (10) days. __________________________ , J.S.C. After the Order is filed, there is a need to serve copies on the payee parent, Probation Department, your job Personnel Dept/ Human Resources and other relevant persons and entities. Hire an experienced attorney when you have important legal needs. Typical fees for the Motion range between $1,200- $2,500 depending on work involved and experience level of the attorney. The following is a portion of the additional information we need to draft a Motion: 1. Your Full Name: ___________________________________________________ First Last 2 Your Street Address: ________________________________ City ________________ State __ Zip Code ___________ 3. Telephone Number: Day: ____________________ Cell: ____________________ Night: _________________ 4. E-mail address: ______________________________________ 5.(a)Referred by: _____________________________________ 6. Your Date of Birth: ________________ SS # ____________ Month Day Year 7 Date of Marriage, if any _____________________________ 8 Other parent ____________________________________________________ First Last name 9 Street Address _________________________ City ______________ State/Zip ______________ 10 Name, Address, & Birthdate of all Child(ren); Person with whom Child(ren) Childs Full Name Address Birthdate Resides with _________________ ___________________ MISCELLANEOUS INFORMATION: 1. Name and Address of Your Employer (Provide Name and Address of Company if Self- Employed) Name of Employer _______________________________ Address ___________________________ BRIEF DESCRIPTION OF SPECIFIC PROBLEMS OR CONCERN? ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ The above information is a brief outline of work an experienced attorney can do for you. Always schedule an in- office consultation whenever an important legal matter arises.

Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year     FOR POTENTIAL CLIENTS TO CONTACT US DURING NON-BUSINESS HOURS, PLEASE FILL OUT THE FORM. Name: Cell Phone: E-Mail Address   If You Do Not Include a Complete E-Mail Address, Network will not Forward Your Contact Form to the Law Office. Details of the Case Agree By typing " agree" into the box you are confirming that you wish to send your information to the Law Office of Kenneth Vercammen Change Image Write the characters in the image above Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

Tax Law: IRA Rollover Final Regulations on Eligible Rollover Distributions

By Martin A. Spigner, Esq. and Kenneth Vercammen, Esq.
The Unemployment Compensation Amendments of 1992 (UCA) provided for significant changes to the treatment of distributions from qualified plan and Code section 403 (b) annuities. The new law requires an employer to withhold 20 percent of any lump-sum distribution unless the entire amount that would ordinarily be included in gross income is directly transferred to another qualified plan or an IRA (referred to as a "trustee to trustee" transfer).
In accordance with IRC section 401 (a) (31), a qualified plan must contain provisions which allow plan participants to elect to have an eligible rollover distribution directly transferred (i.e. trustee to trustee) to another qualified plan that accepts such distributions, or to an IRA.
This provisions applies to distributions made after December 31, 1992. In conjunction with this requirement, IRC section 402 (f) requires a written explanation before receiving distributions eligible for rollover treatment. This explanation and/or notification must be provided within a "reasonable time period," in order for the election to be valid. Revenue Procedure 93-12 outlines the qualification requirements of section 401 (a) (31), which were added to the Code by UCA 92.
Previously, the Service provided guidance under UCA 92 by issuing proposed and temporary regulations under Notices 92-48, 93-3 and 93-26. The notices solicited public comments concerning the guidance. After consideration of all the comments, the temporary and proposed regulations were replaced by final regulations, which were adopted and issued on September 15, 1995.
The following is a brief outline of some of the key areas that are addressed:
I. Final Regulations Under IRC Section 401 (a) (31)
A. Distributing Plan:
1. Any "eligible retirement plan," as defined in IRC section 402 (c) (8) (B). 2. May require a statement from recipient plan stating that the 3. rollover will be accepted and that the recipient plan is an "eligible retirement plan." 4. Direct rollover requirements with outstanding plan loans.
B. Receiving Plan:
1. Eligible retirement plan not required to receive direct rollover distributions. 2. Eligible retirement plan may limit circumstances under which it will accept direct rollovers.
II. Final Regulations Under IRC section 401 (c)
A. Assets not eligible for Rollover Distribution:
1. IRC section 401 (a) (9) minimum distributions. 2. Portion not includible in gross income. 3. Loans deemed as distributions under IRC section 72(p). 4. IRC section 401 (k) corrective distributions.

Surviving a Deposition?

KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 What is a Deposition? Under the court rules, the attorneys for the different parties must provide what is known as discovery. The clients must answer written questions, under oath, posed by the adversary attorney. These are called interrogatory questions. The parties can also be required to produce documents under a formal written request to produce documents. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. In some cases, questioning under oath before a court reporter is held. That is called a deposition, but the costs often exceed $1,000.00. The deposition is just as important as the trial itself. In the event you are deposed during the course of this action, you will receive detailed instructions as to procedure and will be requested to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date. You must meet with your attorney prior to the deposition. Also, you must make an appointment to come to your attorneys law office during the week prior to the scheduled deposition in order to view a videotape on taking a deposition. You cannot see the video the same day as the deposition. Please also call the law office at approximately 4:15 p.m. the day before the deposition to confirm that it is still on. Oftentimes the depositions are canceled at the last minute by defense attorneys. If you have answered interrogatories, you should have a copy of your answers to interrogatories in your personal folder. Please carefully review the answers to interrogatories on the day before the deposition. You should be fully familiar with the information which was supplied by way of answers to interrogatories because many of the deposition questions will involve the same information. At the deposition you cannot say- Look in my papers or my attorney has the information. You will be asked questions by the other attorney in front of a court reporter. If this is a person injury case, you should visit the accident site prior to the deposition to help you recall locations of nearby streets and buildings. You should read the article on my website www.njlaws.com with examples of deposition questions asked of the injured person in a personal injury case- http://www.njlaws.com/what_to_expect_at_a_deposition.html CONTACT DOCTORS TO DETERMINE UNPAID AMOUNTS Under NJ Law, you personally will be liable for all unpaid medical and treatment bills. Many MRI facilities and physical therapy centers fail to provide notice of unpaid bills to clients. They sometimes fail to properly submit to insurance, major medical or other available insurances. We highly recommend you call all doctors, hospitals and any other medical providers to determine the unpaid bills and confirm when they sent their bill to the insurance companies. If there is an unpaid bill, have the medical provider send a copy to you, and fax a copy to my office. Under the New Jersey Collateral Source Law, a defendant can never be liable for any bills unless the bill is first submitted to the insurance companies. However, questions will be asked of you during the deposition regarding unpaid bills.

Summons, Complaint and Answer in Family Cases

Family cases and divorce cases in New Jersey are governed by the Court Rules set up by the NJ Supreme Court. An attorney involved in divorce and family cases needs to be aware of the current rules. The following is a portion of the NJ Court Rules which apply to all family cases: RULE 5:4. PROCESS, PLEADINGS, APPEARANCES 5:4-1. Process (a) Summons Generally. Except as otherwise provided by these rules with respect to a specific family action and except as otherwise provided by paragraph (b) of this rule, the summons in all civil family actions shall be in the form prescribed by R. 4:4-2 and shall be served in accordance with R. 4:4. (b) Summons, Summary Family Actions. In every family action required or permitted by law or rule to proceed summarily, a summons shall issue either in addition to or in lieu of an order to show cause. The summons shall comply with the requirements of R. 4:4-2 except that in lieu of requiring an answer it shall notify the defendant to appear at the time, date and place therein set forth to answer the complaint, a copy of which shall be annexed thereto. It shall also notify the defendant that unless the defendant appears at the date, time and place set forth an order may be entered by default and, if appropriate, that a warrant may issue to compel the defendant's appearance. The summons shall be served in accordance with R. 4:4. (c) Warrant. In criminal and quasi-criminal actions, the provisions of R. 3:3 insofar as applicable shall apply. A warrant may also issue where provided by rule or otherwise appropriate to compel appearance. 5:4-2. Complaint (a) Complaint Generally (1) Caption. All family actions shall be captioned in the Chancery Division-Family Part. (2) Contents. Every complaint in a family part action, in addition to the special requirements prescribed by these rules for specific family actions shall also include a statement of the essential facts constituting the basis of the relief sought, the stature or statutes, if any, relied on by the plaintiff, the street address or, if none, the post office address of each party, or a statement that such address is not known; a statement of any previous family actions between the parties; and, if not otherwise stated, the facts upon which venue is based. In any action involving the welfare or status of a child, the complaint shall include the child's name, address, the date of birth, and a statement of where and with whom the child resides. In any non-dissolution action involving the support of a child in which paternity was previously acknowledged by the parents, a copy of the Certificate of Parentage or other written acknowledgment of paternity shall be filed with the complaint for support. (b) Corespondent. (1) Identification of Corespondent. In family actions in which adultery or deviant sexual conduct is charged, the pleading so charging shall state the name of the person with whom such conduct was committed, if known, and if not known, shall state any available information tending to describe the said person, and shall also state such designation of the time, place and circumstances under which the act or series of acts were committed as will enable the party charged therewith and the court to distinguish the particular offense or offenses intended to be charged. If it is stated that the name is unknown, it must be shown at the hearing that it was not known at the time of the filing of the pleading containing the charge. (2) Notice to Corespondent. A person named as a corespondent in any pleading seeking or resisting relief on the ground of adultery or deviant sexual conduct shall, within 30 days after filing of such a pleading, be served by the party making the charge, either personally or by registered or certified mail to the corespondent's last-known address, return receipt requested, or, if the corespondent refuses to claim or to accept delivery, by ordinary mail, with a copy of such pleading and a written notice of the pendency of the action, of the charge, and of the right to intervene in accordance with R. 4:33. If the name and address of the corespondent are discovered thereafter and before the trial, the party making the charge shall give such notice forthwith. If the name and address of the corespondent appear at the trial, and such notice has not been given, an adjournment may be ordered and such notice given. An affidavit of compliance with the requirements of this rule shall be filed. (c) Affidavit of Verification and Non-collusion. There shall be annexed to every complaint or counterclaim for divorce or nullity of marriage an oath or affirmation by the plaintiff or counter claimant that the allegations of the complaint or counterclaim are true to the best of the party's knowledge, information and belief, and that the pleading is made in truth and good faith and without collusion for the causes set forth therein. (d) Counterclaim. A counterclaim may state any family cause of action, and any other cause or causes of action which exist at the time of service of the counterclaim. A counterclaim not stated in an answer may be filed by leave of the court at any time prior to final judgment. Failure to counterclaim for divorce or nullity of marriage shall not bar such cause of action. In any action involving the welfare or status of a child the counterclaim shall include the child's name, address, date of birth and a statement of where and with whom the child resides. (e) Amended or Supplemental Complaint or Counterclaim. In any action for divorce, nullity of marriage, or separate maintenance, a supplemental complaint or counterclaim may be allowed to set forth a cause of action which has arisen or become known since the filing of the original complaint, and an amended complaint or counterclaim may be allowed to change the action from separate maintenance, absolute divorce or divorce from bed and board to any other one of said actions. (f) Affidavit or Certification of Insurance Coverage. The first pleading of each party shall have annexed thereto an affidavit listing all known insurance coverage of the parties and their minor children, including but not limited to life, health, automobile, and homeowner's insurance. The affidavit shall specify the name of the insurance company, the policy number, the named insured and, if applicable, other persons covered by the policy; a description of the coverage including the policy term, if applicable; and in the case of life insurance, an identification of the named beneficiaries. The affidavit shall also specify whether any insurance coverage was canceled or modified within the ninety days preceding its date and, if so, a description of the canceled insurance coverage. Insurance coverage identified in the affidavit shall be maintained pending further order of the court. If, however, the only relief sought is dissolution of the marriage or if a property settlement agreement addressing insurance coverage has already been reached, the parties shall annex to their pleadings, in lieu of the required insurance affidavit, an affidavit so stating. Nevertheless, if a responding party seeks financial relief, the responding party shall annex an insurance-coverage affidavit to the responsive pleading and the adverse party shall serve and file an insurance-coverage affidavit within 20 days after service of the responsive pleading. A certification in lieu of affidavit may be filed. 5:4-3. Answer, Acknowledgment, Appearance (a) Generally. Except as otherwise provided by paragraph (b) hereof or by any other rule or statute, a defendant in a family action shall file an answer in accordance with R. 4:5-3 or a general appearance and, without filing an answer, be heard on issues of custody of children, parenting time or visitation, alimony, child support, equitable distribution, counsel fees and other issues incidental to the proceeding. A defendant may also file an acknowledgment of service in accordance with R. 4:4-6. (b) Summary Actions. In summary family actions in which the process fixes a return day, the defendant need not file an answer, appearance or acknowledgment in order to be heard if the defendant appears on the return day. Conclusion If involved in family court matters, immediately schedule an in-office appointment with an experienced attorney. Don't rely on a real estate attorney, or a family member who simply attended law school. When your future is on the line, hire a knowledgeable attorney. The above information is a brief outline of Court Rules an attorney will review in applicable Family cases. If Kenneth Vercammen's office is unable to handle a case because it is outside our area, we often can refer individuals to experienced attorneys you can consult. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 TRIAL AND LITIGATION EXPERIENCE In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He appears in Courts throughout New Jersey several times each week on many personal injury matters, Criminal and Municipal/ traffic Court trials, Probate hearings, and contested administrative law hearings. Mr. Vercammen served as the Prosecutor for the Township of Cranbury, Middlesex County and was involved in trials on a weekly basis. He also argued all pre-trial motions and post-trial applications on behalf of the State of New Jersey. He has also served as a Special Acting Prosecutor in Woodbridge, Perth Amboy, Berkeley Heights, Carteret, East Brunswick, Jamesburg, South Brunswick, South River and South Plainfield for conflict cases. Since 1989, he has personally handled hundreds of criminal and motor vehicle matters as a Prosecutor and now as defense counsel and has had substantial success. Previously, Mr. Vercammen was Public Defender for the Township of Edison and Borough of Metuchen and a Designated Counsel for the Middlesex County Public Defender's Office. He represented indigent individuals facing consequences of magnitude. He was in Court trying cases and making motions in difficult criminal and DWI matters. Every case he personally handled and prepared. His resume sets forth the numerous bar associations and activities which demonstrate his commitment to the legal profession and providing quality representation to clients. Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court) with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Department as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.