Saturday, October 14, 2017

Wills and Power of Attorney available for members of Hyatt Legal Plan


 Wills and Power of Attorney available for members of Hyatt Legal Plan

The Law Office of Kenneth Vercammen was selected to serve as a New Jersey Access Attorney for Hyatt Legal Plan and several other major national legal service plans. We prepare Wills, Powers of Attorney and Living Wills for members.

Why a Will is essential to persons with children or who own property
          
         If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:

* State law determines who gets assets, not you
* Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs and legal fees
* Judge determines who gets custody of your children
* Possible additional State inheritance taxes and Federal estate taxes
*  If you have no spouse or close relatives the State may take your property
* The procedure to distribute assets becomes more complicated
*  It may also cause fights and lawsuits within your family
         When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with financial concerns. 

         Who don’t you want to receive your assets?

         Who is not the best choice to raise your children, or safeguard your children's money for college?   Do you want children, or grandchildren, to get money when they turn 18?  Will they invest money wisely, or go to Seaside and play games?


What Hyatt members can do to get started…

Hyatt members should call Hyatt legal at 800.821.6400 to obtain an authorization numbers for each Will, Power of Attorney, Codicil and Living Will you want.
Members can also obtain authorization numbers online at https://members.legalplans.com/Home/

You can always call Hyatt Legal Plans Monday through Thursday 8-7 and Friday 8-6 Eastern Time for assistance and information about your legal plan.

       After obtaining an authorization number, call Kenneth Vercammen’s Law Office for a free confidential consultation and preparation of Wills and estate planning documents- all free to Hyatt members
A Will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions.

WHY PERIODIC  REVIEW IS ESSENTIAL
        
         Even if you have an existing  Will, there are many events that occur which may necessitate changes in your Will.  Some of these are:
    
* Marriage, death, birth, divorce or separation affecting either you or  anyone named in your Will

* Significant changes in the value of your total assets or in any particular assets, which you own
    
* A change in your domicile
    
* Death or incapacity of a beneficiary, or death, incapacity or change in residence of a named executor, trustee or guardian of infants, or of one of the witnesses to the execution of the Will

* Annual changes in tax law

* Changes in who you like

If you have a current Will, can you change it the next year?
        
         Yes.  A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will.  You should consider revising your Will whenever there are changes in the size of your estate. For example, when your children are young, you may think it best to have a trust for them so they do not come into absolute ownership of  property until they are mature.  Beware, if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document.  Either a new Will should be legally prepared or a codicil signed to legally change  portions of the Will.

         THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH  KENNETH VERCAMMEN’S LAW OFFICE OFTEN INCLUDES IN A WILL

1ST:  DEBTS AND TAXES
2ND: SPECIFIC BEQUESTS
3RD:  DISPOSITION TO SPOUSE
4TH: DISPOSITION OF REMAINDER OF ESTATE
5TH: CREATION OF TRUSTS FOR SPOUSE
6TH: CREATION OF TRUST FOR CHILDREN
7TH: OTHER BENEFICIARIES UNDER 21
8TH: EXECUTORS
9TH: TRUSTEES
10TH: GUARDIANS
11TH: SURETY OR BOND
12TH: POWERS
13TH: AFTERBORN CHILDREN
14TH: PRINCIPAL AND INCOME
15TH: NO ASSIGNMENT OF BEQUESTS
16TH: GENDER
17TH: CONSTRUCTION OF WILL
18TH:  NO CONTEST CLAUSE
      
Kenneth A. Vercammen is an Edison, Middlesex County, NJ trial attorney who has published125 articles in national and New Jersey publications. He is co-chair of the Probate & Estate Planning Committee of the American Bar Association, Solo Division. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association. 
He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association. New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer have published his articles.  He is the Editor in Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is a recipient of the NJSBA- YLD Service to the Bar Award.
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters.  He has appeared in Courts throughout New Jersey several times each week on Criminal personal injury matters, Municipal Court trials, and contested Probate hearings.  He serves as the Editor of the popular legal website www.njlaws.com
KENNETH VERCAMMEN & ASSOCIATES
ATTORNEY AT LAW
2053 Woodbridge Ave.
 Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com




Thursday, October 12, 2017

Buying and Selling Real Estate


Buying and Selling Real Estate
Nearly everyone, at some time in life, faces the details of buying and selling real estate. The purchase of a home is probably the largest single investment a person will ever undertake and, therefore, careful consideration should be given to the technical difficulties involved in the transfer of real estate before any action is taken.
The Contract for Sale
Once youve found the house youd like to buy and have agreed on the price, you will probably be asked to sign a contract and pay a deposit.
A Contract of Sale is an agreement for the purchase and sale of real estate. This is the most important document in any real estate transaction because it establishes the respective rights and responsibilities of the purchaser and the seller.
Since the Contract of Sale is such an important and legally binding Contract an attorney should be consulted within 3 days of signing. The 3 day attorney review period is to protect the buyer and seller from being forever bound by a contract without their receiving the benefit of legal advice. A lawyer is trained to answer your questions and most attorneys will provide an introductory, no-obligation conference for a nominal fee. At the conference the attorney will be able to provide you with a good estimate of closing costs and other costs involved in the transaction.
You only have three days to have your attorney review the contract and make the appropriate changes. Remember that once a Contract is signed and in final form after 3 days, your rights and obligations are fixed concerning the transaction and your attorney will no longer have the opportunity to structure the Contract to meet your objectives.
Whether you are a seller or a buyer, you should understand the Contract terms and how they affect you. The other parties to the contract are under no obligation to tell you what the contract means and you may not understand the legal meaning of the terminology. So, if you are going to have an attorney represent you in the transaction, the time to consult one is either before you sign any papers or within 2 days of signing.
The Contract of Sale should state the parties, the purchase price and how it is to be paid, an adequate description of the property being sold, the kind of deed to be delivered, the quality of the sellers title to the property included in the sale, the date you are to take possession, and other clauses relating to the property and the parties respective responsibilities to each other.
The contract should also permit the buyer to cancel the contract if financing cant be obtained and provide for the return of the down payment if the sale falls through. Or, perhaps the seller may want to retain possession of the property for some time in order to find new accommodations. If so, appropriate clauses can be included in the contract defining such rights.
These are only a few matters usually covered in the contract. However, they illustrate the variety of terms and conditions to be considered when you enter into such a transaction.
How A Lawyer Can Help
There are many important ways in which an attorney can help protect your interests during a real estate transaction.
For example, the purchasers attorney (depending on local practice) can:
* Prepare, review and explain the contract of sale.
* Assist you regarding your questions on matters such as termite inspections, structural inspections, the zoning status of your property, restrictions on construction or use, and property insurance.
* Review your mortgage commitment and explain your prepayment rights.
* Order and review the survey and all title searches to clearly define the description, location and legal ownership of the property.
* Help to resolve any title problems.
* Obtain title insurance policies covering your ownership interest and lending institutions mortgage interest, and advise you about exceptions which may appear in your title policy.
* Settle any problems regarding transfer of occupancy, settlement date and possession.
* Determine adjustments for taxes and other costs.
* Prepare the final closing statement and other documents.
* Represent and advise you at the closing where documents such as the closing statement, the sellers deed and affidavit of title and the note and mortgage are signed. Also All funds are transferred at this time.
* Record the deed and mortgage and cancel any existing mortgages and liens.
* Deliver all important documents to you for your safekeeping after closing.
The sellers attorney can:
* Prepare, review and explain the contract of sale.
* Gather important title information for the purchasers attorney, thus expediting the search and survey process.
* Resolve any title problems revealed by the searches.
* Cooperate with the purchasers attorney in resolving possession and closing date problems.
* Assist you in determining the correct balance due on your mortgage.
* Cooperate with the purchasers attorney in preparing the final closing statement.
* Prepare the deed affidavit of title, survey affidavit and any other necessary documents.
* Represent you at the closing and make certain that you receive the correct amount of proceeds from the sale.
Of course, these items represent only a partial list of services which may be rendered by attorneys during real estate transactions. Your attorney will perform any additional services necessitated by your particular purchase or sale.
Representation
Remember one important point - the seller, broker, and bank in the transaction may have their own legal staff representing each of their interests. An attorney representing any of the other parties is not your attorney.
It is your own responsibility as the buyer, to seek the professional advice of an attorney to protect yourself and to be sure that you get precisely what you are legally entitled to receive.
When you retain an attorney for the purchase of sale of real estate, you obtain the services of a loyal and trustworthy advisor who will guide your transaction from contract to closing. Mainly because of your attorneys efforts, the closing should be calm and amicable meeting for the signing of documents and the transferring of funds.
Home Inspection
The attorney also may represent his clients interests in connection with the home inspection report. Upon receiving a copy of the home inspections report (which generally involves a structural and environmental analysis of the property to be purchased or sold), the attorney for the buyer, after consultation with his client, will request certain repairs and/or remediation of the conditions noted by the home inspector.
In response, the attorney for the seller will advise what action the seller is willing to take to meet the buyers concerns. Often depending on the terms of the contract, if agreement cannot be reached on issues raised by the home inspection report, the buyer or seller may cancel the contract. More realistically, however, the attorneys for the seller and buyer work to reach a compromise acceptable to both clients.
Closing
The important thing to remember is that buying a home is a major investment. It usually involves making payments over a period of 30 years. In the long run, its likely to be more economical to have competent professional advice - your attorneys advice - in making the purchase than to risk the trouble and expense that could result from not having that advice in the first place.

Buyer Protection in Purchasing a Business

The pre-printed form contracts sold in Stationary stores prepared by companies such as Allstate or Blumberg are excellent outlines and starting points for buying a business. However, they do not fully protect the interests of the Buyer.The Buyer should demand additional guarantees from the Seller, over and above those usually mentioned in the form outlines. The following are some additional sample provisions to negotiate and protect the interests of the proposed buyer in a Bulk Purchase of a business.
Seller represents and warrants to the Buyer that up until the time of closing:
1. No JudgmentsThere are no Judgments outstanding and unsatisfied against the Seller or the business and business assets being sold herein.
2. No Liens There are no liens or encumbrances against Seller or the business or assets being sold herein and that there are no actual or contemplated disputes, claims or law suits affecting or potentially affecting the Seller or the business and assets being sold herein.
3. Good title Except as to the following specified items, the Seller has good, valid and marketable title to the assets being sold herein and shall sell, transfer and convey the said assets free and clear of all liens and encumbrances.
4. Taxes paid all incorporated or unincorporated business and incomes taxes, employee withholding, FUTA, FICA, Sales, Business Property, Unemployment and Disability that are due to any governmental entity have been appropriately and timely paid up through the date of closing and all applicable returns filed in a timely manner. An escrow in the amount of $_____ shall be held pending tax payment verification from the State.
5. Accounts Payable accounts payable to the suppliers, vendors and others owed money by the Seller in connection with the business being sold herein have been paid in full. Seller agrees to provide buyer with a complete list of all said accounts.
6. Working order That the plumbing, heating, cooling and electrical systems are presently in working order and will be in working order at the time of closing. All personal property and fixtures included in the sale herein shall be in working order at the time of closing.
7. No Code violations At the time of closing, no violations will exist as to any municipal, state or federal laws, codes or regulations concerning the use and operation of said business in the premises as set forth herein. If a violation exists, Seller must fix or cure.
8. Nothing to impede saleSeller knows of no facts which would impede the use of the property to be transferred by this Contract for the business purpose described herein.
9. Risk of loss Risk of loss or damage to the assets being sold herein or Sellers premises shall remain with the Seller until the Closing of Title.
10. Trade name
* Alternative 1. Seller shall furnish Buyer at closing a Cancellation of Business or Trade Name Certificate in proper form so that it can be recorded for cancellation of same with the county recording officer.
* Alternative 2. Assignment and transfer of Trade Name: Seller shall furnish Buyer with an assignment and transfer of all Sellers right, title and interest in the business and trade name of seller
11. Lease This Contract is contingent upon Buyer executing a lease to the building with Sellers landlord. Furthermore, Buyer shall execute an Assignment and Assumption Agreement with respect to the lease if Buyer is able to execute same with Landlord.
12. Inventory The value of the inventory shall be determined on date of closing, determined by an Inventory Service Company listed in the Bell Atlantic New Brunswick Area Yellow Pages. Cost of inventory appraisal to be split equally between Buyer and Seller. Price paid by the Buyer shall be the retail value of stock in trade less 30%.
Conclusion
Remember, the Contract will become binding as soon as the Buyer and the Seller sign it. Their is no three day attorney review period as in a residential house purchase. Before anyone signs a business contract, have an experienced business attorney review the contract and make necessary revisions.

Business Through Barter Depot

Business Trough Barter Depot
If every business person truly understood the countless values of bartering, the billion dollar explosion in America would be even bigger than it already is. It is thus imperative to further explain this wonderful business tool. Webster's Dictionary defines barter:
" To trade ( e.g., goods ) without the exchange of money." Think of the inner workings of barter as follows:
Suppose you're a dentist and join The Barter Depot (TBD). You want to have some work done on your office, specifically painting and carpentry. TBD's vast memberships includes painters and carpenters, so they refer a painter and carpenter to you, and you get them to do the job
They complete the work to your satisfaction and instead of paying them cash, they do the job on barter, in Iieu of cash or check, the painter and carpenter receive payment in full for their work through trade dollars. These trade dollars are equal to the amount of money they charged for their work.
In our example, if the painter charged the dentist $500 for his work, then the painter would receive $500 in trade dollars from TBD. He could spend that money with anyone else in the barter group. For instance, the painter might need a new brochure made so he uses his dollars to get a brochure done. If the amount for the brochure is less than $500 then he retains more trade dollars, if it exceeds $500 he is minus trade dollars.
TBD owner Joseph Prince says, " We not only find out what each of our members needs for their business, but we find out their personal preferences ( i.e. vacations) too."
Bartering is a valuable tool for business and pleasure. The trade dollars accumulated for your work can be used for either. It's like having a cash-less credit card available to purchase almost anything one would need, as TBD has hundreds of members in a diverse cross-section of business and services that are eager to trade products and services on barter. Simply put, barter combines the use of smart business people that remain faithful to one another.
For additional information, call THE BARTER DEPOT TODAY 1-800-409-2209 FAX 1-908-409-6998. Mention Ken Vercammen and they will send you a free information kit.
From an economic standpoint, barter serves many important needs of these smart business people.
Here are a few of them.
1. Barter brings new business to your business (Increasing cash flow, while saving you cash);
2. Barter is a great tool to cut any business's overhead by at least 10 percent:
3. Barter markets your business ( or services ) to new businesses;
4. Barter can move excess inventory (without having to have a big sale at reduced profits).
As a business person and a TBD member, to get the most for your dollar you must constantly think BARTER. Each day, each of us has so many small needs that we take them for granted. Add these needs up cumulatively and the cost can be substantial. If however, you used your TBD cash-less credit card, think of all the savings you would enjoy.
Here's just a partial list of monthly potential savings:
1. When the clothes stack up, use bartering for dry cleaning
2. If it's time for that yearly dental checkup, try one of TBD's fine dentists;
3. If the muffler is hanging, fix it on barter;
4. If you need your dog groomed, do you and your dog a favor and think barter.
5. Legal services also available on Barter Depot.
6. Get Your Business on the Internet by Barter. Call John K Haslach (908) 566-2849.
For additional information, call THE BARTER DEPOT TODAY 1-800-409-2209 FAX 1-908-409-6998 or Kenneth Vercammen, Esq. 732-572-0500



Business Litigation


Our office represents Companies, insurance companies and people involved in civil lawsuits. We provide representation throughout New Jersey. Procedurally, the following events occur in most civil cases. First, your Attorney must complete the investigation and research the possible causes of action. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we may commence negotiations with the opposition for a settlement. If the opposition will not make an adequate offer, then a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a summons and have the defendants personally served with the Summons and Complaint.
The defendant, must file an "Answer" within 35 days. The following are the Court Rules on Filing of Civil Complaints: COURT RULE 4:2. FORM; COMMENCEMENT OF ACTION 4:2-1. Form of Action There shall be one form of action in civil practice to be known as a "civil action".
4:2-2. Commencement of Action
A civil action is commenced by filing a complaint with the court. If a timely formal "Answer to Complaint" is not filed within 35 days, a default can be entered against the defendant. After a default judgment, assets can be seized, wages garnished, property sold and even civil arrest if you ignore court orders. Don't give up!
Our Law Office can provide experienced attorney representation for civil lawsuits. Our website KennethVercammen.com provides information on civil lawsuits.
The following is current NJ Court Rules on Answers in a Civil Complaint in the Superior Court Law Division. Court 4:5-1.
General Requirements for Complaints and other Pleadings(a) Pleadings Allowed. There shall be a Complaint and an Answer; an answer to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint pursuant to R. 4:8; a third-party answer, if a third-party complaint is served; and a reply, if an affirmative defense is set forth in an answer and the pleader wishes to allege any matter constituting an avoidance of the defense. No other pleading is allowed.(b) Requirements for First Pleadings. (1) Case Information Statement. Except in civil commitment actions brought pursuant to R. 4:74-7 and in actions in probate, foreclosure and all other general equity actions, a Case Information Statement in the form prescribed by Appendix XII to these rules shall be annexed as a cover sheet to each party's first pleading. (2) Notice of Other Actions and Potentially Liable Persons. Each party shall include with the first pleading a certification as to whether the matter in controversy is the subject of any other action pending in any court or of a pending arbitration proceeding, or whether any other action or arbitration proceeding is contemplated; and, if so, the certification shall identify such actions and all parties thereto. Further, each party shall disclose in the certification the names of any non-party who should be joined in the action pursuant to R. 4:28 or who is subject to joinder pursuant to R. 4:29-1(b) because of potential liability to any party on the basis of the same transactional facts. Each party shall have a continuing obligation during the course of the litigation to file and serve on all other parties and with the court an amended certification if there is a change in the facts stated in the original certification.
The court may require notice of the action to be given to any non-party whose name is disclosed in accordance with this rule or may compel joinder pursuant to R. 4:29-1(b). If a party fails to comply with its obligations under this rule, the court may impose an appropriate sanction including dismissal of a successive action against a party whose existence was not disclosed or the imposition on the non-complying party of litigation expenses that could have been avoided by compliance with this rule. A successive action shall not, however, be dismissed for failure of compliance with this rule unless the failure of compliance was inexcusable and the right of the undisclosed party to defend the successive action has been substantially prejudiced by not having been identified in the prior action. 4:5-2. Claim for Relief Except as may be more specifically provided by these rules in respect of specific actions, a pleading which sets forth a claim for relief, whether an original claim, counter-claim, cross-claim or third-party claim, shall contain a statement of the facts on which the claim is based, showing that the pleader is entitled to relief, and a demand for judgment for the relief to which the pleader claims entitlement. Relief in the alternative or of several different types may be demanded. If unliquidated money damages are claimed in any court, other than the Special Civil Part, the pleading shall demand damages generally without specifying the amount. If a pleading filed in the Special Civil Part states a demand in excess of the amount cognizable in that court, said pleading shall be filed by the clerk for the full cognizable amount and any amount in excess thereof shall be deemed waived unless the action is transferred pursuant to R. 6:4-1.
The clerk of the Special Civil Part shall, in any pleading filed that does not set forth a cognizable amount, consider the demand to be for the maximum amount and the maximum filing fee shall be charged. Upon service of a written request by another party, the party filing the pleading shall within 5 days after service thereof furnish the requesting party with a written statement of the amount of damages claimed, which statement shall not be filed except on court order. 4:5-3. Answer; Defenses; Form of Denials An Answer shall state in short and plain terms the pleader's defenses to each claim asserted and shall admit or deny the allegations upon which the adversary relies. A pleader who is without knowledge or information sufficient to form a belief as to the truth of an allegation shall so state and, except as otherwise provided by R. 4:64-1(b) (foreclosure actions), this shall have the effect of a denial. Denials shall fairly meet the substance of the allegations denied. A pleader who intends in good faith to deny only a part or a qualification of an allegation shall specify so much of it as is true and material and deny only the remainder. The pleader may not generally deny all the allegations but shall make the denials as specific denials of designated allegations or paragraphs. 4:5-4.
Affirmative Defenses; Misdesignation of Defense and Counterclaim A responsive pleading shall set forth specifically and separately a statement of facts constituting an avoidance or affirmative defense such as accord and satisfaction, arbitration and award, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, and waiver. If a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court, on terms if the interest of justice requires, shall treat the pleading as if there had been a proper designation. 4:5-5. Effect of Failure to Deny Allegations in a pleading which sets forth a claim for relief, other than those as to the amount of damages, are admitted if not denied in the answer thereto. In every action brought upon a negotiable instrument, the authenticity of any signature or endorsement thereon shall be taken to be admitted unless the same is put in issue by the pleadings. Allegations in any answer setting forth an affirmative defense shall be taken as denied if not avoided in a reply; issue shall be deemed to have been joined upon allegations in an answer setting forth other matters. Allegations in a reply shall be taken as denied or avoided, and any defense thereto in law or fact may be asserted at trial. 4:5-6.
Consistency A party may set forth 2 or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. When 2 or more statements are made in the alternative and one of them, if made independently, would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. As many separate claims or defenses as the party has may be stated regardless of their consistency and whether based on legal or on equitable grounds or on both. All statements shall be made subject to the obligations set forth in R. 1:4-8. 4:5-7. Pleadings to Be Concise and Direct; Construction Each allegation of a pleading shall be simple, concise and direct, and no technical forms of pleading are required. All pleadings shall be liberally construed in the interest of justice. 4:5-8. Pleading Special Matters (a) Fraud; Mistake; Condition of Mind. In all allegations of misrepresentation, fraud, mistake, breach of trust, willful default or undue influence, particulars of the wrong, with dates and items if necessary, shall be stated insofar as practicable. Malice, intent, knowledge, and other condition of mind of a person may be alleged generally. (b) Conditions Precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to allege generally that all such conditions have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity, but when so made the party pleading the performance or occurrence has the burden of establishing it. (c) Pleading According to Legal Effect. Acts and contracts may be stated according to their legal effect, but in so doing the pleading should be such as fairly to apprise the adverse party of the state of facts which it is intended to prove; thus, an act or promise of a principal other than a corporation, if in fact proceeding from an agent known to the pleader, should be so stated. In pleading an official document or official act it is sufficient to allege that the document was issued or the act done in compliance with law. (d) Judgment. A judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or administrative agency or officer, may be alleged without stating matter showing jurisdiction to render it. (e) Time and Place. For the purpose of testing the sufficiency of a pleading, allegations of time and place are material and shall be considered like all other allegations of material matter. (f) Special Damage. Items of special damage claimed shall be specially stated, except that if a general demand for unliquidated damages is made pursuant to R. 4:5-2, the facts giving rise to any included claim for special damages shall be specially stated in lieu of the monetary claim therefor.
RULE 4:6. DEFENSES AND OBJECTIONS: WHEN AND HOW PRESENTED; BY PLEADING OR MOTION; MOTION FOR JUDGMENT ON PLEADINGS 4:6-1. When Presented (a) Time; Presentation. Except as otherwise provided by R. 4:7-5(c) (cross claims), 4:8-1(b) (third-party joinder), 4:9-1 (answer to amended complaint), and 4:64-1(g) (governmental answer in foreclosure actions), the defendant shall serve an answer, including therein any counterclaim, within 35 days after service of the summons and complaint on that defendant. If service is made as provided by court order, pursuant to R. 4:4-4(b)(3), the time for service of the answer may be specified therein. Service of the answer shall be complete as provided by R. 1:5-4. A party served with a pleading stating a counterclaim or cross claim against that party shall serve an answer thereto within 35 days after the service upon that party. A reply to an answer, where permitted, shall be served within 20 days after service of the answer. (b) Time; Effect of Certain Motions. Unless the court fixes a different time period, the time periods prescribed in paragraph (a) of this rule are altered by the filing and service of a motion under R. 4:6 or for summary judgment under R. 4:46 or R. 4:69-2 as follows: (1) if the motion is denied in whole or part or its disposition postponed until trial, the responsive pleading shall be served within 10 days after notice of the court's action; (2) if a motion for a more definite statement is granted, the responsive pleadings shall be served within 10 days after the service of such statement. If notice is given a nonresident party demanding security for costs and the nonresident gives notice of the filing of the bond or the making of the deposit, the party making the demand shall then have the same time to plead as may have remained at the time of the service of the notice demanding the security. (c) Time; Extension by Consent. The time for service of a responsive pleading may be enlarged for a period not exceeding 60 days by the written consent of the parties, which shall be filed with the responsive pleading within said 60-day period. Further enlargements shall be allowed only on notice by court order, on good cause shown therefor. (d) Certificate of Service. The party filing the responsive pleading or the party's attorney shall certify thereon, or in an acknowledgment, proof or certificate of service, that the pleading was served within the time period allowed by R. 4:6 or other rule specified in the certificate. 4:6-2. How Presented Every defense, legal or equitable, in law or fact, to a claim for relief in any complaint, counterclaim, cross-claim, or third-party complaint shall be asserted in the answer thereto, except that the following defenses may at the option of the pleader be made by motion, with briefs: (a) lack of jurisdiction over the subject matter, (b) lack of jurisdiction over the person, (c) insufficiency of process, (d) insufficiency of service of process, (e) failure to state a claim upon which relief can be granted, (f) failure to join a party without whom the action cannot proceed, as provided by R. 4:28-1. If a motion is made raising any of these defenses, it shall be made before pleading if a further pleading is to be made. No defense or objection is waived by being joined with one or more other defenses in an answer or motion. Special appearances are superseded. If, on a motion to dismiss based on the defense numbered, (e) matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided by R. 4:46, and all parties shall be given reasonable opportunity to present all material pertinent to such a motion. Interrogatory Questions and Discovery The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. 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. Request for Production of Documents Kenneth Vercammen's office will also demand a Request for Production of Documents pursuant R. 4:18-1, which includes a Demand for Discovery of Insurance. Superior Court Civil Arbitration All civil lawsuits are required to participate in a Civil Arbitration at the County Courthouse or in a Mediation. In Middlesex County cases, these are held at the Middlesex County Courthouse Building, 1st Floor, 1 John F. Kennedy Square at Bayard Street, New Brunswick, New Jersey. 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. Some non-injury cases are sent to court-ordered civil mediation. If the parties do not settle after the Arbitration, the case will be given a trial call date. Prior to Arbitration, each party must fill out a form in civil, non personal injury cases:
UNIFORM COMMERCIAL ARBITRATION MEMORANDUM (All Information Must Be Legibly Printed Or Typed) PLEASE RETURN TO: Number of Witnesses you are offering at Arbitration: ______ Anticipated length of time for your presentation: _________ 1. Brief factual outline as to your position: 2. Set forth disputed facts and issues by any party in outline form: 3. Provide facts that you anticipate will be undisputed: 4. Set forth legal issues to be addressed by arbitrator: 5. Please quantify elements of your alleged damages: 6. Set forth issues addressed in expert reports (attach copies): 7. Discuss mitigation of damages (if applicable): 8. Describe the basis for the defenses you assert to the complaint and/or counterclaim: 9. Have all parties been served: Yes _________ No __________ 10. Are any parties in default? Yes _________ No __________ 11. List any unserved and/or defaulted parties: 12. Should any special expertise be required by the arbitrator, e.g., should the arbitrator be familiar with a particular discipline and/or industry? If yes, please specify: The Arbitration is held before an attorney selected by the Assignment Judge who will read medical reports and statements submitted by the parties, then listen to testimony from the parties for approximately 15 minutes. The Arbitrator will make a decision as to who is responsible and whether damages should be awarded. Most Personal Injury attorney mail a draft of the Arbitration Statement to their clients ahead of time. We recommend clients notify our office immediately in writing with any changes in the Arbitration Statement. We suggest you visit the accident site during the week prior to Arbitration, and call all of your doctors to confirm all bills are paid. We previously provided a copy of your Answers to Interrogatories to our clients. Personal injury clients should carefully review the answers to interrogatories before the Arbitration. You should be fully familiar with the information which was supplied by way of answers to interrogatories because many of the Arbitration questions will involve the same information. If you cannot locate your copy of the Answers to the Interrogatories, please call your attorney's office and they should forward to you another copy of the Answers to the Interrogatories. You must be present in court and prepared to proceed at that time. You should bring all of your papers in connection with your case to Court. Please call your attorney's secretary approximately 24 hours before this hearing to confirm that the court has not adjourned your hearing. 4:21A-1. Actions Subject to Arbitration; Notice and Scheduling of Arbitration (a) Mandatory Arbitration. Arbitration pursuant to this rule is mandatory for applicable cases on Tracks I, II, and III, and only as required by the managing judge for cases on Track IV. (1) Automobile Negligence Actions. All tort actions arising out of the operation, ownership, maintenance or use of an automobile shall be submitted to arbitration in accordance with these rules. (2) Other Personal Injury Actions. Except for professional malpractice actions, all actions for personal injury not arising out of the operation, ownership, maintenance or use of an automobile shall be submitted to arbitration in accordance with these rules. (3) Other Non-Personal Injury Actions. All actions on a book account or instrument of obligation, all personal injury protection claims against plaintiff's insurer, and all other contract and commercial actions that have been screened and identified as appropriate for arbitration shall be submitted to arbitration in accordance with these rules. (b) Voluntary Arbitration. Any action not subject to mandatory arbitration pursuant to subsections (1), (2), or (3) of paragraph (a) of this rule may be submitted to arbitration on written stipulation of all parties filed with the civil division manager. (c) Removal From Arbitration. An action assigned to arbitration may be removed therefrom as follows: (1) Prior to the notice of the scheduling of the case for arbitration or within 15 days thereafter, the case may be removed from arbitration upon submission to the arbitration administrator of a certification stating with specificity that the controversy involves novel legal or unusually complex factual issues or is otherwise ineligible for arbitration pursuant to paragraph (a). A copy of this certification must be provided to all other parties. A party who objects to removal shall so notify the arbitration administrator within ten days after the receipt of the certification, and the matter will then be referred to a judge for determination. The arbitration administrator shall, however, remove the case from arbitration if no objection is made and the reasons for removal certified to are sufficient. The failure of a prior court-ordered mediation may be considered a sufficient reason for removal. Altogether, these procedures may take from 12 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. CONCLUSION If a lawsuit is filed, immediately schedule a consultation with an attorney. Our office represents parties in Civil Litigation cases. If facing a lawsuit, immediately schedule an appointment with a civil attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and business is on the line, hire the best attorney available.
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, Hightstown, 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.

Sunday, October 1, 2017

When you have power of attorney how do you sign?

When you have power of attorney how do you sign?
     Sign the principal’s name first, not your own. This eliminates any confusion that you’re acting in your own interests or assuming any personal liability for what you’re signing. The principal is actually the one engaging in the transaction. Make sure the document you sign is proper for both you and your principal.
Step 3
Sign your own name after the principal’s name, after including the word “by.” This indicates that the principal is engaging in the transaction through you. For example, you would write, “Sally Smith, by Samuel Smith.....”
Step 4
End the signature by indicating that you’re acting under power of attorney. You can do this in one of several ways. After your name, you can write in the words “agent,” “attorney in fact,” “power of attorney” or simply, “POA.” Your final signature should read similar to "Sally Smith, by Samuel Smith, power of attorney."

Power of Attorney

An important part of lifetime planning is the power of attorney. A power of attorney is accepted in all states, but the rules and requirements differ from state to state. A power of attorney gives one or more persons the power to act on your behalf as your agent. The power may be limited to a particular activity, such as closing the sale of your home, or be general in its application. The power may give temporary or permanent authority to act on your behalf. The power may take effect immediately, or only upon the occurrence of a future event, usually a determination that you are unable to act for yourself due to mental or physical disability. The latter is called a "springing" power of attorney.  A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you.
Source https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/power_of_attorney.html

The person named in a power of attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid power of attorney, your agent can take any action permitted in the document. Often your agent must present the actual document to invoke the power. For example, if another person is acting on your behalf to sell an automobile, the motor vehicles department generally will require that the power of attorney be presented before your agent's authority to sign the title will be honored. Similarly, an agent who signs documents to buy or sell real property on your behalf must present the power of attorney to the title company. Similarly, the agent has to present the power of attorney to a broker or banker to effect the sale of securities or opening and closing bank accounts. However, your agent generally should not need to present the power of attorney when signing checks for you.
Why would anyone give such sweeping authority to another person? One answer is convenience. If you are buying or selling assets and do not wish to appear in person to close the transaction, you may take advantage of a power of attorney. Another important reason to use power of attorney is to prepare for situations when you may not be able to act on your own behalf due to absence or incapacity. Such a disability may be temporary, for example, due to travel, accident, or illness, or it may be permanent.
If you do not have a power of attorney and become unable to manage your personal or business affairs, it may become necessary for a court to appoint one or more people to act for you. People appointed in this manner are referred to as guardians, conservators, or committees, depending upon your local state law. If a court proceeding, sometimes known as intervention, is needed, you may not have the ability to choose the person who will act for you. Few people want to be subject to a public proceeding in this manner so being proactive to create the appropriate document to avoid this is important. A power of attorney allows you to choose who will act for you and defines his or her authority and its limits, if any. In some instances, greater security against having a guardianship imposed on you may be achieved by you also creating a revocable living trust.

Who Should Be Your Agent?

You may wish to choose a family member to act on your behalf. Many people name their spouses or one or more children. In naming more than one person to act as agent at the same time, be alert to the possibility that all may not be available to act when needed, or they may not agree. The designation of co-agents should indicate whether you wish to have the majority act in the absence of full availability and agreement. Regardless of whether you name co-agents, you should always name one or more successor agents to address the possibility that the person you name as agent may be unavailable or unable to act when the time comes.
There are no special qualifications necessary for someone to act as an attorney-in-fact except that the person must not be a minor or otherwise incapacitated. The best choice is someone you trust. Integrity, not financial acumen, is often the most important trait of a potential agent.

How The Agent Should Sign?

Assume Michael Douglas appoints his wife, Catherine Zeta-Jones, as his agent in a written power of attorney. Catherine, as agent, must sign as follows: Michael Douglas, by Catherine Zeta-Jones under POA or Catherine Zeta-Jones, attorney-in-fact for Michael Douglas.  If you are ever called upon to take action as someone’s agent, you should consult with an attorney about actions you can and cannot take and whether there are any precautionary steps you should take to minimize the likelihood of someone challenging your actions. This is especially important if you take actions that directly or indirectly benefit you personally.

What Kinds of Powers Should I Give My Agent?

In addition to managing your day-to-day financial affairs, your attorney-in-fact can take steps to implement your estate plan. Although an agent cannot revise your will on your behalf, some jurisdictions permit an attorney-in-fact to create or amend trusts for you during your lifetime, or to transfer your assets to trusts you created. Even without amending your will or creating trusts, an agent can affect the outcome of how your assets are distributed by changing the ownership (title) to assets. It is prudent to include in the power of attorney a clear statement of whether you wish your agent to have these powers.
Gifts are an important tool for many estate plans, and your attorney-in-fact can make gifts on your behalf, subject to guidelines that you set forth in your power of attorney. For example, you may wish to permit your attorney-in-fact to make "annual exclusion" gifts (up to $14,000 in value per recipient per year in 2013) on your behalf to your children and 7grandchildren. It is important that the lawyer who prepares your power of attorney draft the document in a way that does not expose your attorney-in-fact to unintended estate tax consequences. While some states permit attorneys-in-fact to make gifts as a matter of statute, others require explicit authorization in the power of attorney. If you have older documents you should review them with your attorney. Because of the high estate tax exemption ($5 million inflation adjusted) many people who had given agents the right to make gifts may no longer wish to include this power. Others, however, in order to empower their agent to minimize state estate tax might continue or add such a power. Finally, there may be reasons not to limit the gifts your attorney-in-fact may make to annual exclusion gifts in order to facilitate Medicaid planning or to minimize or avoid state estate tax beyond what annual exclusion gifts alone might permit.
In addition to the power of your agent to make gifts on your behalf, many powers of your attorney-in-fact are governed by state law. Generally, the law of the state in which you reside at the time you sign a power of attorney will govern the powers and actions of your agent under that document. If you own real estate, such as a vacation home, or valuable personal property, such as collectibles, in a second state, you should check with an attorney to make sure that your power of attorney properly covers such property.

What if I move?

Generally, a power of attorney that is valid when you sign it will remain valid even if you change your state of residence. Although it should not be necessary to sign a new power of attorney merely because you have moved to a new state, it is a good idea to take the opportunity to update your power of attorney. The update ideally should be part of a review and update of your overall estate plan to be sure that nuances of the new state law (and any other changes in circumstances that have occurred since your existing documents were signed) are addressed.
Will my Power of Attorney expire?
Some states used to require the renewal of a power of attorney for continuing validity. Today, most states permit a “durable” power of attorney that remains valid once signed until you die or revoke the document. You should periodically meet with your lawyer, however, to revisit your power of attorney and consider whether your choice of agent still meets your needs and learn whether developments in state law affect your power of attorney. Some powers of attorney expressly include termination dates to minimize the risk of former friends or spouses continuing to serve as agents. It is vital that you review the continued effectiveness of your documents periodically.  


Source https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/power_of_attorney.html