ANNUAL REPORT OF GUARDIAN
Superior Court of New Jersey
Chancery Division -- ______________County
Probate Part
In the Matter of the Annual Report of
_________________________, Guardian for
_______________________, an Incapacitated
Person.
Docket No. _______________
CIVIL ACTION
Guardian’s Annual Report for the Period
___________________ to ________________
This report must be filed by every Guardian once per year, unless the Judge otherwise specifies, on the anniversary
date of your appointment, which is ____________________. File the original with the Surrogate and a copy with
the court-appointed counsel for the ward at the following addresses:
Surrogate Address Court Appointed Counsel Address
1. Date of Report:
2. Guardian’s Current Information:
Name:
Address: 1
Telephone No.:
Day:
Evening:
1
Include mailing address, if different.
Please Check:
□ Guardian of Person
□ Guardian of Estate
□ Guardian of Both Person and Estate
3. Incapacitated Person Current Information
Name:
Address: 2
Telephone No.:
2
If the incapacitated person lives in a residential facility, include the
name of the Director or person responsible for the incapacitated
person’s care.
4. Bond Information:
Bonding Company’s Name:
Address:
Value of bond 3 $
3
: If the bonding requirement was waived, so state.
Revised 07/11/2008, CN 10508 - English Page 1 of 7
5. Guardian’s Relationship to Incapacitated Person
A. _____ Spouse/ Civil or Domestic Partner B. _____ Parent C. _____ Child D. ____ Other Blood Relative
E. ______ Friend F. ____ Private Attorney G. ____ Public Guardian or Public Agency H. ____ Other
6. Does the Incapacitated Person live with you?
Monday, August 24, 2009
Order Scheduling Guardianship Hearing 11220
Model Order for Scheduling Hearing for Guardianship
of Alleged Incapacitated Person (Rule 4:86-4) -
Promulgated by Directive #10-08
Promulgated by Directive #10-08 (05/20/08), CN 11220-English page 1 of 2
In the Matter of , an
Alleged Incapacitated Person
SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION COUNTY
PROBATE PART
Docket No.:
CIVIL ACTION
ORDER FIXING GUARDIANSHIP
HEARING DATE AND APPOINTING
ATTORNEY FOR ALLEGED
INCAPACITATED PERSON
This matter having been opened to the Court by ________________________ , attorney for
the plaintiff, __________________________________________ for a judgment declaring
_________________________ an incapacitated person and appointing a guardian pursuant to
N.J.S.A. 3B:12-24.1 and Rules 4:86-1 to 8 and for such other relief as the Court may deem just, and
the Court having read and considered the verified complaint, the supporting certifications or
affidavits, and all other papers and pleadings filed in this matter, and for good cause shown:
IT IS on this ________ day of __________________, 20___, ORDERED that:
1. This matter be set down for hearing before this Court at the ______________ County
Court House, _______________________________, New Jersey, on the _________ day of
__________________, 20___ , at ________ o’clock in the ______ noon, or as soon thereafter as
plaintiff may be heard, to determine the issues of incapacity of _____________________________
and the appointment of a guardian.
2. A copy of the verified complaint, supporting affidavits or certifications and this Order,
shall be served on _____________________________, the alleged incapacitated person, by
personally serving the same at least 20 days prior to the date scheduled for the hearing.
3. A separate notice shall be personally served on the alleged incapacitated person stating
that if he/she desires to oppose the action he/she may appear either in person or by attorney and may
demand a trial by jury.
4. A copy of the verified complaint, supporting affidavits or certifications and this Order
shall also be served on all the next-of-kin and other parties-in-interest identified in the verified
complaint by certified mail, return receipt requested at least 20 days prior to the date scheduled for
the hearing.
Promulgated by Directive #10-08 (05/20/08), CN 11220-English page 2 of 2
5. _________________, Esquire, whose address is: _____________________________ and
telephone number is: _______________________ be and hereby is appointed as attorney for the
alleged incapacitated person. Said attorney shall personally interview the alleged incapacitated
person, examine the medical records, make inquiry of persons having knowledge of the alleged
incapacitated person’s circumstances, his/her physical and mental state and his/her property, make
reasonable inquiries to locate any Will, powers of attorney or health care directives previously
executed by the alleged incapacitated person, or to discover any interests the alleged incapacitated
person may have as a beneficiary of a will or trust. Said attorney shall prepare a written report of
findings and recommendations and an affidavit of services to be filed with the Court and with the
plaintiff’s attorney and other parties who have filed a written response at least ____ days prior to the
hearing.
6. A copy of the verified complaint, supporting affidavits or certifications and this Order
shall be immediately served on the attorney for the alleged incapacitated person by personal service
or certified mail, return receipt requested.
7. The attorney above appointed to represent the alleged incapacitated person is hereby
regarded as a HIPAA (Health Insurance Portability and Accountability Act) representative for the
alleged incapacitated person and shall have the right and power to examine records, including
medical and psychiatric records, pertaining to the alleged incapacitated person and to visit and
confer with the alleged incapacitated person.
8. The plaintiff shall file with the Surrogate of _________ County a proof of service of the
pleadings required by this order to be served on the alleged incapacitated person and the parties in
interest no later than _____ (__) days before the date this matter is scheduled to be heard.
9. Any next-of-kin and other party-in-interest who wishes to be heard with respect to any of
the relief requested in the verified complaint shall file with the Surrogate of ______________
County at [insert address of Surrogate in the County where the action is being brought] together
with the applicable filing fee and serve upon the attorney for the plaintiff and the attorney for the
alleged incapacitated person at the address set forth above, a written answer, an answering affidavit ,
a motion returnable on the date this matter is scheduled to be heard or other written response _____
days before the date this matter is scheduled to be heard.
__________________________________
J. S. C.
of Alleged Incapacitated Person (Rule 4:86-4) -
Promulgated by Directive #10-08
Promulgated by Directive #10-08 (05/20/08), CN 11220-English page 1 of 2
In the Matter of , an
Alleged Incapacitated Person
SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION COUNTY
PROBATE PART
Docket No.:
CIVIL ACTION
ORDER FIXING GUARDIANSHIP
HEARING DATE AND APPOINTING
ATTORNEY FOR ALLEGED
INCAPACITATED PERSON
This matter having been opened to the Court by ________________________ , attorney for
the plaintiff, __________________________________________ for a judgment declaring
_________________________ an incapacitated person and appointing a guardian pursuant to
N.J.S.A. 3B:12-24.1 and Rules 4:86-1 to 8 and for such other relief as the Court may deem just, and
the Court having read and considered the verified complaint, the supporting certifications or
affidavits, and all other papers and pleadings filed in this matter, and for good cause shown:
IT IS on this ________ day of __________________, 20___, ORDERED that:
1. This matter be set down for hearing before this Court at the ______________ County
Court House, _______________________________, New Jersey, on the _________ day of
__________________, 20___ , at ________ o’clock in the ______ noon, or as soon thereafter as
plaintiff may be heard, to determine the issues of incapacity of _____________________________
and the appointment of a guardian.
2. A copy of the verified complaint, supporting affidavits or certifications and this Order,
shall be served on _____________________________, the alleged incapacitated person, by
personally serving the same at least 20 days prior to the date scheduled for the hearing.
3. A separate notice shall be personally served on the alleged incapacitated person stating
that if he/she desires to oppose the action he/she may appear either in person or by attorney and may
demand a trial by jury.
4. A copy of the verified complaint, supporting affidavits or certifications and this Order
shall also be served on all the next-of-kin and other parties-in-interest identified in the verified
complaint by certified mail, return receipt requested at least 20 days prior to the date scheduled for
the hearing.
Promulgated by Directive #10-08 (05/20/08), CN 11220-English page 2 of 2
5. _________________, Esquire, whose address is: _____________________________ and
telephone number is: _______________________ be and hereby is appointed as attorney for the
alleged incapacitated person. Said attorney shall personally interview the alleged incapacitated
person, examine the medical records, make inquiry of persons having knowledge of the alleged
incapacitated person’s circumstances, his/her physical and mental state and his/her property, make
reasonable inquiries to locate any Will, powers of attorney or health care directives previously
executed by the alleged incapacitated person, or to discover any interests the alleged incapacitated
person may have as a beneficiary of a will or trust. Said attorney shall prepare a written report of
findings and recommendations and an affidavit of services to be filed with the Court and with the
plaintiff’s attorney and other parties who have filed a written response at least ____ days prior to the
hearing.
6. A copy of the verified complaint, supporting affidavits or certifications and this Order
shall be immediately served on the attorney for the alleged incapacitated person by personal service
or certified mail, return receipt requested.
7. The attorney above appointed to represent the alleged incapacitated person is hereby
regarded as a HIPAA (Health Insurance Portability and Accountability Act) representative for the
alleged incapacitated person and shall have the right and power to examine records, including
medical and psychiatric records, pertaining to the alleged incapacitated person and to visit and
confer with the alleged incapacitated person.
8. The plaintiff shall file with the Surrogate of _________ County a proof of service of the
pleadings required by this order to be served on the alleged incapacitated person and the parties in
interest no later than _____ (__) days before the date this matter is scheduled to be heard.
9. Any next-of-kin and other party-in-interest who wishes to be heard with respect to any of
the relief requested in the verified complaint shall file with the Surrogate of ______________
County at [insert address of Surrogate in the County where the action is being brought] together
with the applicable filing fee and serve upon the attorney for the plaintiff and the attorney for the
alleged incapacitated person at the address set forth above, a written answer, an answering affidavit ,
a motion returnable on the date this matter is scheduled to be heard or other written response _____
days before the date this matter is scheduled to be heard.
__________________________________
J. S. C.
Order to Show Cause Probate Part Action 11215
SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION ______ COUNTY
PROBATE PART
[Caption: See Rule 4:83‐3 for Probate Part Actions]
IN THE MATTER OF
Docket No.:
CIVIL ACTION
ORDER TO SHOW CAUSE
SUMMARY ACTION
THIS MATTER being brought before the Court by _____________, attorney
for plaintiff, [insert the plaintiff’s name], seeking relief by way of summary action based upon
the facts set forth in the verified complaint filed herewith; and the Court having
determined that this matter may be commenced by order to show cause as a summary
proceeding pursuant to R.4:83‐1 and for good cause shown.
IT IS on this _____ day of __________ , 20__ , ORDERED that the parties in
interest named in paragraph __ of the verified complaint appear and show cause on the
_____ day of __________, 20__ before the Superior Court, Chancery Division, Probate Part
[and fill in, or leave an appropriate blank to be filled in by the Court or Surrogate, if the matter is to
be heard by a specified Judge] at the __________ County Courthouse [provide the address] in
______________, New Jersey at _____ o’clock in the _____ noon, or as soon thereafter as
counsel can be heard, why judgment should not be entered for:
A. [Set forth with specificity the return date relief that the plaintiff is seeking.];
B. _____________________________________;
C. ______________________________________;
D. Granting such other relief as the court deems equitable and just.
And it is further ORDERED that:
[Note: Model Probate Part OSC promulgated by Directive #8-08, CN: 11215-English]
1. Any party in interest who wishes to be heard with respect to any of the
relief requested in the verified complaint served with this order to show cause shall file
with the Surrogate of ______________ County and serve upon the attorney for the plaintiff
at the address set forth above, a written answer, an answering affidavit, a motion
returnable on the date this matter is scheduled to be heard, or other response to this order
to show cause and to the relief requested in the verified complaint by ________________,
20___. Filing shall be made with the Surrogate of __________ County at [insert address of
Surrogate in the County where action is being brought]. Such responding party in interest shall
also file with such Surrogate by the foregoing date a proof of service upon the plaintiff. [A
copy of such response shall also be filed directly with the chambers of Judge
_______________ at the following address: _________________________________________.]
2. Any party in interest who fails to timely file and serve a response in
the manner provided in paragraph 1 of this order to show cause shall be deemed in default,
the matter may proceed to judgment without any further notice to or participation by such
defaulting party in interest, and the judgment shall be binding upon such defaulting party
in interest.
3. Parties in interest are hereby advised that a telephone call to the
plaintiff, to the plaintiff’s attorney, to the Surrogate, or to the Court will not protect your
rights; you must file and serve your answer, answering affidavit, motion or other response
with the filing fee required by statute. The check or money order for the filing fee shall be
made payable to the Surrogate of the County where this matter is being heard. If you
cannot afford an attorney, you may call the Legal Services office in the county in which you
live. A list of these offices is provided. If you do not have an attorney or are not eligible for
free legal assistance through the Legal Services office (or such office does not provide
services for this particular type of proceeding), you may obtain a referral to an attorney by
calling one of the Lawyer Referral Services. A list of these office numbers is also provided.
- 2 -
4. If no party in interest timely files and serves a response to this order to
show cause as provided for above, the application may be decided by the Court on or after
the date this matter is scheduled to be heard, and may be decided on the papers without a
hearing, provided that the plaintiff has filed a proof of service and a proposed form of
judgment as required by paragraphs 7 and 9 of this order to show cause.
5. If a party in interest timely files a response as provided for above, the
court may entertain argument [add if appropriate: “and may take testimony” or “but will not
take testimony”] on the date this matter is scheduled to be heard.
6. The plaintiff must file and serve any written reply to the response of a
party in interest by _________, 20__. The reply papers together with a proof of service must
be filed with the Surrogate in the county listed above [and a copy of the reply papers must
be sent directly to the chambers of Judge __________].
7. Plaintiff shall submit to the Surrogate an original and two copies of a
proposed form of judgment addressing the relief sought on the date this matter is
scheduled to be heard (along with a postage‐paid return envelope) no later than _____ (__)
days before the date this matter is scheduled to be heard.
8. A copy of this order to show cause, the verified complaint, and [insert a
description of any other filed papers, such as an accounting], and all affidavits submitted in
support of this application, all of which shall be certified thereon by plaintiff’s attorney to
be true copies, shall be served upon the parties in interest listed in paragraph __ of the
complaint, by certified mail, return receipt requested (or by registered mail, return receipt
requested with respect to any party in interest who resides outside the United States) [, and
by regular mail] [or alternatively: shall be personally served upon the parties in interest
listed in paragraph __ of the complaint] within __ days of the date hereof, in accordance
with R. 4:67‐3, R. 4:4‐3 and R. 4:4‐4, this order to show cause being original process.
9. The plaintiff shall file with the Surrogate of _________ County a proof
of service of the documents required by paragraph 8 above to be served on the parties in
- 3 -
interest no later than _____ (__) days before the date this matter is scheduled to be heard.
10. The Court will entertain argument, but not testimony, on the return
date of the order to show cause, unless the court and parties are advised to the contrary no
later than _____ days before the return date.
11. [In many proceedings in the probate part, an interested party will be a minor
or incapacitated, which will require that a guardian ad litem be appointed, and/or an attorney be
appointed as counsel to represent the minor or incapacitated person. See generally R.4:26‐2. In
such matters, it may be appropriate to add an additional paragraph or paragraphs to this order to
show cause to appoint, or provide for the procedure to appoint, such counsel or guardian ad litem.]
J.S.C.
- 4 -
Atlantic County Surrogate
Atlantic County Civil Courthouse
1201 Bacharach Blvd. Atlantic City, NJ 08401
Bergen County Surrogate
Bergen County Justice Center
10 Main Street, Room 211,
P.O. Box 600, Hackensack, NJ 07601-7691
Burlington County Surrogate
Burlington County Court Complex
49 Rancocas Road, 1st floor
PO Box 6000, Mt. Holly, NJ 08060-1827
Camden County Surrogate
Camden County Surrogate Office
415 Federal Street, Camden, NJ 08103-1122
Cape May County Surrogate
4 Moore Rd., POB 207
Cape May Court House, NJ 08210
Cumberland County Surrogate
Cumberland County Courthouse
60 West Broad Street, Suite A111
Bridgeton, NJ 08302
Essex County Surrogate
206 Hall of Records
465 Dr. Martin Luther King, Jr. Blvd.,
Newark, NJ 07102
Gloucester County Surrogate
Surrogate Building
17 North Broad Street, 1st flr.
P.O. Box 177, Woodbury, NJ 08096-7177
Hudson County Surrogate
Administration Bldg.
595 Newark Ave., Room 107
Jersey City, NJ 07306
Hunterdon County Surrogate
Hunterdon County Justice Center
65 Park Avenue
P.O. Box 2900, Flemington, NJ 08822-2900
Mercer County Surrogate
Mercer County Courthouse
175 So. Broad Street
P.O. Box 8068,Trenton, NJ 08650-0068
Middlesex County Surrogate
Administration Building
75 Bayard Street,
PO Box 790 New Brunswick, NJ 08903-0790
Monmouth County Surrogate
Hall of Records
1 East Main Street
P.O. Box 1265, Freehold, NJ 07728-1265
Morris County Surrogate
Administrative & Records Bldg, 5th Fl.
Court Street
P.O. Box 900 Morristown, NJ 07963-0900
ATLANTIC COUNTY:
LAWYER REFERRAL: (609) 345-3444
LEGAL SERVICES: (609) 348-4200
BERGEN COUNTY:
LAWYER REFERRAL (201) 488-0044
LEGAL SERVICES (201) 487-2166
BURLINGTON COUNTY:
LAWYER REFERRAL (609) 261-4862
LEGAL SERVICES (800) 496-4570
CAMDEN COUNTY:
LAWYER REFERRAL: (856) 964-4520
LEGAL SERVICES: (856) 964-2010
CAPE MAY COUNTY:
LAWYER REFERRAL: (609) 463-0313
LEGAL SERVICES :(609) 465-3001
CUMBERLAND COUNTY:
LAWYER REFERRAL: (856) 692-6207
LEGAL SERVICES: (856) 451-0003
ESSEX COUNTY:
LAWYER REFERRAL: (973) 622-6207
LEGAL SERVICES: (973) 624-4500
GLOUCESTER COUNTY:
LAWYER REFERRAL: (856) 848-4589
LEGAL SERVICES: (856) 848-5360
HUDSON COUNTY:
LAWYER REFERRAL: (201) 798-2727
LEGAL SERVICES: (201) 792-6363
HUNTERDON COUNTY:
LAWYER REFERRAL: (908) 263-6109
LEGAL SERVICES: (908) 782-7979
MERCER COUNTY:
LAWYER REFERRAL: (609) 585-6200
LEGAL SERVICES: (609) 695-6249
MIDDLESEX COUNTY:
LAWYER REFERRAL: (732) 828-0053
LEGAL SERVICES: (732) 249-7600
MONMOUTH COUNTY:
LAWYER REFERRAL: (732) 431-5544
LEGAL SERVICES: (732) 866-0020
MORRIS COUNTY:
LAWYER REFERRAL: (973) 267-5882
LEGAL SERVICES: (973) 285-6911
- 5 -
- 6 -
Ocean County Surrogate
Ocean County Courthouse
118 Washington Street
P.O. Box 2191 , Toms River, NJ 08754-2191
Passaic County Surrogate
Passaic County Courthouse
77 Hamilton Street
Paterson, NJ 07505
Salem County Surrogate
Salem County Surrogate’s Court
92 Market Street
Salem, NJ 08079
Somerset County Surrogate
Somerset Co. Surrogate’s Office
20 Grove Street
P.O. Box 3000, Somerville, NJ 08876
Sussex County Surrogate
Sussex County Surrogate’s Court
4 Park Place, 2nd flr.,
Newton, NJ 07860
Union County Surrogate
Union County Courthouse
2 Broad Street, 2nd flr.
Elizabeth, NJ 07207-6001
Warren County Surrogate
Warren County Courthouse
413 Second Street
Belvidere, NJ 07823-1500
OCEAN COUNTY:
LAWYER REFERRAL: (732) 240-3666
LEGAL SERVICES: (732) 341-2727
PASSAIC COUNTY:
LAWYER REFERRAL: (973) 278-9223
LEGAL SERVICES: (973) 523-2900
SALEM COUNTY:
LAWYER REFERRAL: (856) 678-8363
LEGAL SERVICES: (856) 451-0003
SOMERSET COUNTY:
LAWYER REFERRAL: (908) 685-2323
LEGAL SERVICES: (908) 231-0840
SUSSEX COUNTY:
LAWYER REFERRAL: (973) 267-5882
LEGAL SERVICES: (973) 383-7400
UNION COUNTY:
LAWYER REFERRAL: (908) 353-4715
LEGAL SERVICES: (908) 354-4340
WARREN COUNTY:
LAWYER REFERRAL: (908) 387-1835
LEGAL SERVICES: (908) 475-2010
CHANCERY DIVISION ______ COUNTY
PROBATE PART
[Caption: See Rule 4:83‐3 for Probate Part Actions]
IN THE MATTER OF
Docket No.:
CIVIL ACTION
ORDER TO SHOW CAUSE
SUMMARY ACTION
THIS MATTER being brought before the Court by _____________, attorney
for plaintiff, [insert the plaintiff’s name], seeking relief by way of summary action based upon
the facts set forth in the verified complaint filed herewith; and the Court having
determined that this matter may be commenced by order to show cause as a summary
proceeding pursuant to R.4:83‐1 and for good cause shown.
IT IS on this _____ day of __________ , 20__ , ORDERED that the parties in
interest named in paragraph __ of the verified complaint appear and show cause on the
_____ day of __________, 20__ before the Superior Court, Chancery Division, Probate Part
[and fill in, or leave an appropriate blank to be filled in by the Court or Surrogate, if the matter is to
be heard by a specified Judge] at the __________ County Courthouse [provide the address] in
______________, New Jersey at _____ o’clock in the _____ noon, or as soon thereafter as
counsel can be heard, why judgment should not be entered for:
A. [Set forth with specificity the return date relief that the plaintiff is seeking.];
B. _____________________________________;
C. ______________________________________;
D. Granting such other relief as the court deems equitable and just.
And it is further ORDERED that:
[Note: Model Probate Part OSC promulgated by Directive #8-08, CN: 11215-English]
1. Any party in interest who wishes to be heard with respect to any of the
relief requested in the verified complaint served with this order to show cause shall file
with the Surrogate of ______________ County and serve upon the attorney for the plaintiff
at the address set forth above, a written answer, an answering affidavit, a motion
returnable on the date this matter is scheduled to be heard, or other response to this order
to show cause and to the relief requested in the verified complaint by ________________,
20___. Filing shall be made with the Surrogate of __________ County at [insert address of
Surrogate in the County where action is being brought]. Such responding party in interest shall
also file with such Surrogate by the foregoing date a proof of service upon the plaintiff. [A
copy of such response shall also be filed directly with the chambers of Judge
_______________ at the following address: _________________________________________.]
2. Any party in interest who fails to timely file and serve a response in
the manner provided in paragraph 1 of this order to show cause shall be deemed in default,
the matter may proceed to judgment without any further notice to or participation by such
defaulting party in interest, and the judgment shall be binding upon such defaulting party
in interest.
3. Parties in interest are hereby advised that a telephone call to the
plaintiff, to the plaintiff’s attorney, to the Surrogate, or to the Court will not protect your
rights; you must file and serve your answer, answering affidavit, motion or other response
with the filing fee required by statute. The check or money order for the filing fee shall be
made payable to the Surrogate of the County where this matter is being heard. If you
cannot afford an attorney, you may call the Legal Services office in the county in which you
live. A list of these offices is provided. If you do not have an attorney or are not eligible for
free legal assistance through the Legal Services office (or such office does not provide
services for this particular type of proceeding), you may obtain a referral to an attorney by
calling one of the Lawyer Referral Services. A list of these office numbers is also provided.
- 2 -
4. If no party in interest timely files and serves a response to this order to
show cause as provided for above, the application may be decided by the Court on or after
the date this matter is scheduled to be heard, and may be decided on the papers without a
hearing, provided that the plaintiff has filed a proof of service and a proposed form of
judgment as required by paragraphs 7 and 9 of this order to show cause.
5. If a party in interest timely files a response as provided for above, the
court may entertain argument [add if appropriate: “and may take testimony” or “but will not
take testimony”] on the date this matter is scheduled to be heard.
6. The plaintiff must file and serve any written reply to the response of a
party in interest by _________, 20__. The reply papers together with a proof of service must
be filed with the Surrogate in the county listed above [and a copy of the reply papers must
be sent directly to the chambers of Judge __________].
7. Plaintiff shall submit to the Surrogate an original and two copies of a
proposed form of judgment addressing the relief sought on the date this matter is
scheduled to be heard (along with a postage‐paid return envelope) no later than _____ (__)
days before the date this matter is scheduled to be heard.
8. A copy of this order to show cause, the verified complaint, and [insert a
description of any other filed papers, such as an accounting], and all affidavits submitted in
support of this application, all of which shall be certified thereon by plaintiff’s attorney to
be true copies, shall be served upon the parties in interest listed in paragraph __ of the
complaint, by certified mail, return receipt requested (or by registered mail, return receipt
requested with respect to any party in interest who resides outside the United States) [, and
by regular mail] [or alternatively: shall be personally served upon the parties in interest
listed in paragraph __ of the complaint] within __ days of the date hereof, in accordance
with R. 4:67‐3, R. 4:4‐3 and R. 4:4‐4, this order to show cause being original process.
9. The plaintiff shall file with the Surrogate of _________ County a proof
of service of the documents required by paragraph 8 above to be served on the parties in
- 3 -
interest no later than _____ (__) days before the date this matter is scheduled to be heard.
10. The Court will entertain argument, but not testimony, on the return
date of the order to show cause, unless the court and parties are advised to the contrary no
later than _____ days before the return date.
11. [In many proceedings in the probate part, an interested party will be a minor
or incapacitated, which will require that a guardian ad litem be appointed, and/or an attorney be
appointed as counsel to represent the minor or incapacitated person. See generally R.4:26‐2. In
such matters, it may be appropriate to add an additional paragraph or paragraphs to this order to
show cause to appoint, or provide for the procedure to appoint, such counsel or guardian ad litem.]
J.S.C.
- 4 -
Atlantic County Surrogate
Atlantic County Civil Courthouse
1201 Bacharach Blvd. Atlantic City, NJ 08401
Bergen County Surrogate
Bergen County Justice Center
10 Main Street, Room 211,
P.O. Box 600, Hackensack, NJ 07601-7691
Burlington County Surrogate
Burlington County Court Complex
49 Rancocas Road, 1st floor
PO Box 6000, Mt. Holly, NJ 08060-1827
Camden County Surrogate
Camden County Surrogate Office
415 Federal Street, Camden, NJ 08103-1122
Cape May County Surrogate
4 Moore Rd., POB 207
Cape May Court House, NJ 08210
Cumberland County Surrogate
Cumberland County Courthouse
60 West Broad Street, Suite A111
Bridgeton, NJ 08302
Essex County Surrogate
206 Hall of Records
465 Dr. Martin Luther King, Jr. Blvd.,
Newark, NJ 07102
Gloucester County Surrogate
Surrogate Building
17 North Broad Street, 1st flr.
P.O. Box 177, Woodbury, NJ 08096-7177
Hudson County Surrogate
Administration Bldg.
595 Newark Ave., Room 107
Jersey City, NJ 07306
Hunterdon County Surrogate
Hunterdon County Justice Center
65 Park Avenue
P.O. Box 2900, Flemington, NJ 08822-2900
Mercer County Surrogate
Mercer County Courthouse
175 So. Broad Street
P.O. Box 8068,Trenton, NJ 08650-0068
Middlesex County Surrogate
Administration Building
75 Bayard Street,
PO Box 790 New Brunswick, NJ 08903-0790
Monmouth County Surrogate
Hall of Records
1 East Main Street
P.O. Box 1265, Freehold, NJ 07728-1265
Morris County Surrogate
Administrative & Records Bldg, 5th Fl.
Court Street
P.O. Box 900 Morristown, NJ 07963-0900
ATLANTIC COUNTY:
LAWYER REFERRAL: (609) 345-3444
LEGAL SERVICES: (609) 348-4200
BERGEN COUNTY:
LAWYER REFERRAL (201) 488-0044
LEGAL SERVICES (201) 487-2166
BURLINGTON COUNTY:
LAWYER REFERRAL (609) 261-4862
LEGAL SERVICES (800) 496-4570
CAMDEN COUNTY:
LAWYER REFERRAL: (856) 964-4520
LEGAL SERVICES: (856) 964-2010
CAPE MAY COUNTY:
LAWYER REFERRAL: (609) 463-0313
LEGAL SERVICES :(609) 465-3001
CUMBERLAND COUNTY:
LAWYER REFERRAL: (856) 692-6207
LEGAL SERVICES: (856) 451-0003
ESSEX COUNTY:
LAWYER REFERRAL: (973) 622-6207
LEGAL SERVICES: (973) 624-4500
GLOUCESTER COUNTY:
LAWYER REFERRAL: (856) 848-4589
LEGAL SERVICES: (856) 848-5360
HUDSON COUNTY:
LAWYER REFERRAL: (201) 798-2727
LEGAL SERVICES: (201) 792-6363
HUNTERDON COUNTY:
LAWYER REFERRAL: (908) 263-6109
LEGAL SERVICES: (908) 782-7979
MERCER COUNTY:
LAWYER REFERRAL: (609) 585-6200
LEGAL SERVICES: (609) 695-6249
MIDDLESEX COUNTY:
LAWYER REFERRAL: (732) 828-0053
LEGAL SERVICES: (732) 249-7600
MONMOUTH COUNTY:
LAWYER REFERRAL: (732) 431-5544
LEGAL SERVICES: (732) 866-0020
MORRIS COUNTY:
LAWYER REFERRAL: (973) 267-5882
LEGAL SERVICES: (973) 285-6911
- 5 -
- 6 -
Ocean County Surrogate
Ocean County Courthouse
118 Washington Street
P.O. Box 2191 , Toms River, NJ 08754-2191
Passaic County Surrogate
Passaic County Courthouse
77 Hamilton Street
Paterson, NJ 07505
Salem County Surrogate
Salem County Surrogate’s Court
92 Market Street
Salem, NJ 08079
Somerset County Surrogate
Somerset Co. Surrogate’s Office
20 Grove Street
P.O. Box 3000, Somerville, NJ 08876
Sussex County Surrogate
Sussex County Surrogate’s Court
4 Park Place, 2nd flr.,
Newton, NJ 07860
Union County Surrogate
Union County Courthouse
2 Broad Street, 2nd flr.
Elizabeth, NJ 07207-6001
Warren County Surrogate
Warren County Courthouse
413 Second Street
Belvidere, NJ 07823-1500
OCEAN COUNTY:
LAWYER REFERRAL: (732) 240-3666
LEGAL SERVICES: (732) 341-2727
PASSAIC COUNTY:
LAWYER REFERRAL: (973) 278-9223
LEGAL SERVICES: (973) 523-2900
SALEM COUNTY:
LAWYER REFERRAL: (856) 678-8363
LEGAL SERVICES: (856) 451-0003
SOMERSET COUNTY:
LAWYER REFERRAL: (908) 685-2323
LEGAL SERVICES: (908) 231-0840
SUSSEX COUNTY:
LAWYER REFERRAL: (973) 267-5882
LEGAL SERVICES: (973) 383-7400
UNION COUNTY:
LAWYER REFERRAL: (908) 353-4715
LEGAL SERVICES: (908) 354-4340
WARREN COUNTY:
LAWYER REFERRAL: (908) 387-1835
LEGAL SERVICES: (908) 475-2010
Order to Show Cause with Temporary Restraints Pursuant to Rule 4:52 10308
OSC AS ORIGINAL PROCESS –
SUBMITTED WITH NEW COMPLAINT
PRELIMINARY INJUNCTIVE RELIEF AND
TEMPORARY RESTRAINING ORDER
PURSUANT TO RULE 4:52
SUPERIOR COURT OF NEW JERSEY
_________ DIVISION ______ COUNTY
_____________ PART
[Insert the plaintiff’s name]
Plaintiff(s),
v.
[Insert the defendant’s name]
Defendant(s).
Docket No.:
CIVIL ACTION
ORDER TO SHOW CAUSE
WITH TEMPORARY RESTRAINTS
PURSUANT TO RULE 4:52
THIS MATTER being brought before the Court by _______________, attorney for
plaintiff, [insert the plaintiff’s name], seeking relief by way of temporary restraints pursuant to R.
4:52, based upon the facts set forth in the verified complaint filed herewith; and it appearing that
[the defendant has notice of this application] or [defendant consent’s to plaintiff’s application] or
[immediate and irreparable damage will probably result before notice can be given and a hearing
held] and for good cause shown.
It is on this ____ day of __________ ORDERED that defendant, [insert the defendant’s
name], appear and show cause before the Superior Court at the _______ County Courthouse in
_____________, New Jersey at _____ o’clock in the _____ noon or as soon thereafter as counsel
can be heard, on the ________day of ______________, 20 __ why an order should not be issued
preliminarily enjoining and restraining defendant, [insert the defendant’s name], from
A. [Set forth with specificity the return date relief that the plaintiff is seeking.];
B. _____________________________________;
C. ______________________________________;
D. Granting such other relief as the court deems equitable and just.
And it is further ORDERED that pending the return date herein, the defendant is
[temporarily] enjoined and restrained from:
A. [Set forth with specificity the temporary restraints that the plaintiff is seeking.];
B. _____________________________________;
C. ______________________________________.
And it is further ORDERED that:
1. The defendant may move to dissolve or modify the temporary restraints herein
contained on two (2) days notice to the [plaintiff’s attorney or alternate: plaintiff].
2. A copy of this order to show cause, verified complaint, legal memorandum and
any supporting affidavits or certifications submitted in support of this application be served upon
the defendant [personally or alternate: describe form of substituted service] within ____ days of the date
hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being original process.
3. The plaintiff must file with the court his/her/its proof of service of the pleadings
on the defendant no later than three (3) days before the return date.
4. Defendant shall file and serve a written response to this order to show cause and
the request for entry of injunctive relief and proof of service by _________________, 20__. The
original documents must be filed with the Clerk of the Superior Court in the county listed above.
A list of these offices is provided. You must send a copy of your opposition papers directly to
Judge _____________________, whose address is ________________________________, New
Jersey. You must also send a copy of your opposition papers to the plaintiff’s attorney whose
name and address appears above, or to the plaintiff, if no attorney is named above. A telephone
call will not protect your rights; you must file your opposition and pay the required fee of $
______ and serve your opposition on your adversary, if you want the court to hear your
opposition to the injunctive relief the plaintiff is seeking.
5. The plaintiff must file and serve any written reply to the defendant’s order to
show cause opposition by _________________, 20__. The reply papers must be filed with the
Clerk of the Superior Court in the county listed above and a copy of the reply papers must be
sent directly to the chambers of Judge _____________________.
6. If the defendant does not file and serve opposition to this order to show cause, the
application will be decided on the papers on the return date and relief may be granted by default,
provided that the plaintiff files a proof of service and a proposed form of order at least three days
prior to the return date.
7. If the plaintiff has not already done so, a proposed form of order addressing the
relief sought on the return date (along with a self-addressed return envelope with return address
and postage) must be submitted to the court no later than three (3) days before the return date.
8. Defendant take notice that the plaintiff has filed a lawsuit against you in the
Superior Court of New Jersey. The verified complaint attached to this order to show cause states
the basis of the lawsuit. If you dispute this complaint, you, or your attorney, must file a written
answer to the complaint and proof of service within 35 days from the date of service of this order
to show cause; not counting the day you received it.
These documents must be fled with the Clerk of the Superior Court in the county listed
above. A list of these offices is provided. Include a $_______ filing fee payable to the
“Treasurer State of New Jersey.” You must also send a copy of your Answer to the plaintiff’s
attorney whose name and address appear above, or to the plaintiff, if no attorney is named above.
A telephone call will not protect your rights; you must file and serve your Answer (with the fee)
or judgment may be entered against you by default. Please note: Opposition to the order to
show cause is not an Answer and you must file both. Please note further: if you do not file and
serve an Answer within 35 days of this Order, the Court may enter a default against you for the
relief plaintiff demands.
9. If you cannot afford an attorney, you may call the Legal Services office in the
county in which you live. A list of these offices is provided. If you do not have an attorney and
are not eligible for free legal assistance you may obtain a referral to an attorney by calling one of
the Lawyer Referral Services. A list of these numbers is also provided.
10. The Court will entertain argument, but not testimony, on the return date of the
order to show cause, unless the court and parties are advised to the contrary no later than ___
days before the return date.
______________________________
J.S.C.
ATLANTIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division, Direct Filing
1201 Bacharach Blvd., First Fl.
Atlantic City, NJ 08401
BERGEN COUNTY:
Deputy Clerk of the Superior Court
Case Processing Section, Room 119
Justice Center, 10 Main St.
Hackensack, NJ 07601-0769
BURLINGTON COUNTY:
Deputy Clerk of the Superior Court
Central Processing Office
Attn: Judicial Intake
First Fl., Courts Facility
49 Rancocas Rd.
Mt. Holly, NJ 08060
CAMDEN COUNTY:
Deputy Clerk of the Superior Court
Civil Processing Office
1st Fl., Hall of Records
101 S. Fifth St.
Camden, NJ 08103
CAPE MAY COUNTY:
Deputy Clerk of the Superior Court
9 N. Main Street
Box DN-209
Cape May Court House, NJ 08210
CUMBERLAND COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Broad & Fayette Sts., P.O. Box 615
Bridgeton, NJ 08302
ESSEX COUNTY:
Deputy Clerk of the Superior Court
50 West Market Street
Room 131
Newark, NJ 07102
GLOUCESTER COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Attn: Intake
First Fl., Court House
1 North Broad Street, P.O. Box 129
Woodbury, NJ 08096
HUDSON COUNTY: Deputy Clerk of the Superior Court
Superior Court, Civil Records Dept.
Brennan Court House-- 1st Floor
583 Newark Ave.
Jersey City, NJ 07306
HUNTERDON COUNTY:
Deputy Clerk of the Superior Court
Civil Division
65 Park Avenue
Flemington, NJ 08822
MERCER COUNTY:
Deputy Clerk of the Superior Court
Local Filing Office, Courthouse
175 S. Broad Street, P.O. Box 8068
Trenton, NJ 08650
LAWYER REFERRAL
(609) 345-3444
LEGAL SERVICES
(609) 348-4200
LAWYER REFERRAL
(201) 488-0044
LEGAL SERVICES
(201) 487-2166
LAWYER REFERRAL
(609) 261-4862
LEGAL SERVICES
(609) 261-1088
LAWYER REFERRAL
(856) 964-4520
LEGAL SERVICES
(856) 964-2010
LAWYER REFERRAL
(609) 463-0313
LEGAL SERVICES
(609) 465-3001
LAWYER REFERRAL
(856) 692-6207
LEGAL SERVICES
(856) 451-0003
LAWYER REFERRAL
(973) 622-6207
LEGAL SERVICES
(973) 624-4500
LAWYER REFERRAL
(856) 848-4589
LEGAL SERVICES
(856) 848-5360
LAWYER REFERRAL
(201) 798-2727
LEGAL SERVICES
(201) 792-6363
LAWYER REFERRAL
(908) 735-2611
LEGAL SERVICES
(908) 782-7979
LAWYER REFERRAL
(609) 585-6200
LEGAL SERVICES
(609) 695-6249
MIDDLESEX COUNTY:
Deputy Clerk of the Superior Court
Administration Building
Third Floor
1 Kennedy Sq., P.O. Box 2633
New Brunswick, NJ 08903-2633
MONMOUTH COUNTY:
Deputy Clerk of the Superior Court
Court House
71 Monument Park
P.O. Box 1269
Freehold, NJ 07728-1269
MORRIS COUNTY:
Deputy Clerk of the Superior Court
Civil Division
30 Schuyler Pl., P.O. Box 910
Morristown, NJ 07960-0910
OCEAN COUNTY:
Deputy Clerk of the Superior Court
Court House, Room 119
118 Washington Street
Toms River, NJ 08754
PASSAIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division
Court House
77 Hamilton St.
Paterson, NJ 07505
SALEM COUNTY:
Deputy Clerk of the Superior Court
92 Market St., P.O. Box 18
Salem, NJ 08079
SOMERSET COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
New Court House, 3rd Fl.
P.O. Box 3000
Somerville, NJ 08876
SUSSEX COUNTY:
Deputy Clerk of the Superior Court
Sussex County Judicial Center
43-47 High Street
Newton, NJ 07860
UNION COUNTY:
Deputy Clerk of the Superior Court
1st Fl., Court House
2 Broad Street
Elizabeth, NJ 07207-6073
WARREN COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
Court House
413 Second Street
Belvidere, NJ 07823-1500
LAWYER REFERRAL
(732) 828-0053
LEGAL SERVICES
(732) 249-7600
LAWYER REFERRAL
(732) 431-5544
LEGAL SERVICES
(732) 866-0020
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 285-6911
LAWYER REFERRAL
(732) 240-3666
LEGAL SERVICES
(732) 341-2727
LAWYER REFERRAL
(973) 278-9223
LEGAL SERVICES
(973) 345-7171
LAWYER REFERRAL
(856) 935-5628
LEGAL SERVICES
(856) 451-0003
LAWYER REFERRAL
(908) 685-2323
LEGAL SERVICES
(908) 231-0840
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 383-7400
LAWYER REFERRAL
(908) 353-4715
LEGAL SERVICES
(908) 354-4340
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 475-2010
SUBMITTED WITH NEW COMPLAINT
PRELIMINARY INJUNCTIVE RELIEF AND
TEMPORARY RESTRAINING ORDER
PURSUANT TO RULE 4:52
SUPERIOR COURT OF NEW JERSEY
_________ DIVISION ______ COUNTY
_____________ PART
[Insert the plaintiff’s name]
Plaintiff(s),
v.
[Insert the defendant’s name]
Defendant(s).
Docket No.:
CIVIL ACTION
ORDER TO SHOW CAUSE
WITH TEMPORARY RESTRAINTS
PURSUANT TO RULE 4:52
THIS MATTER being brought before the Court by _______________, attorney for
plaintiff, [insert the plaintiff’s name], seeking relief by way of temporary restraints pursuant to R.
4:52, based upon the facts set forth in the verified complaint filed herewith; and it appearing that
[the defendant has notice of this application] or [defendant consent’s to plaintiff’s application] or
[immediate and irreparable damage will probably result before notice can be given and a hearing
held] and for good cause shown.
It is on this ____ day of __________ ORDERED that defendant, [insert the defendant’s
name], appear and show cause before the Superior Court at the _______ County Courthouse in
_____________, New Jersey at _____ o’clock in the _____ noon or as soon thereafter as counsel
can be heard, on the ________day of ______________, 20 __ why an order should not be issued
preliminarily enjoining and restraining defendant, [insert the defendant’s name], from
A. [Set forth with specificity the return date relief that the plaintiff is seeking.];
B. _____________________________________;
C. ______________________________________;
D. Granting such other relief as the court deems equitable and just.
And it is further ORDERED that pending the return date herein, the defendant is
[temporarily] enjoined and restrained from:
A. [Set forth with specificity the temporary restraints that the plaintiff is seeking.];
B. _____________________________________;
C. ______________________________________.
And it is further ORDERED that:
1. The defendant may move to dissolve or modify the temporary restraints herein
contained on two (2) days notice to the [plaintiff’s attorney or alternate: plaintiff].
2. A copy of this order to show cause, verified complaint, legal memorandum and
any supporting affidavits or certifications submitted in support of this application be served upon
the defendant [personally or alternate: describe form of substituted service] within ____ days of the date
hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being original process.
3. The plaintiff must file with the court his/her/its proof of service of the pleadings
on the defendant no later than three (3) days before the return date.
4. Defendant shall file and serve a written response to this order to show cause and
the request for entry of injunctive relief and proof of service by _________________, 20__. The
original documents must be filed with the Clerk of the Superior Court in the county listed above.
A list of these offices is provided. You must send a copy of your opposition papers directly to
Judge _____________________, whose address is ________________________________, New
Jersey. You must also send a copy of your opposition papers to the plaintiff’s attorney whose
name and address appears above, or to the plaintiff, if no attorney is named above. A telephone
call will not protect your rights; you must file your opposition and pay the required fee of $
______ and serve your opposition on your adversary, if you want the court to hear your
opposition to the injunctive relief the plaintiff is seeking.
5. The plaintiff must file and serve any written reply to the defendant’s order to
show cause opposition by _________________, 20__. The reply papers must be filed with the
Clerk of the Superior Court in the county listed above and a copy of the reply papers must be
sent directly to the chambers of Judge _____________________.
6. If the defendant does not file and serve opposition to this order to show cause, the
application will be decided on the papers on the return date and relief may be granted by default,
provided that the plaintiff files a proof of service and a proposed form of order at least three days
prior to the return date.
7. If the plaintiff has not already done so, a proposed form of order addressing the
relief sought on the return date (along with a self-addressed return envelope with return address
and postage) must be submitted to the court no later than three (3) days before the return date.
8. Defendant take notice that the plaintiff has filed a lawsuit against you in the
Superior Court of New Jersey. The verified complaint attached to this order to show cause states
the basis of the lawsuit. If you dispute this complaint, you, or your attorney, must file a written
answer to the complaint and proof of service within 35 days from the date of service of this order
to show cause; not counting the day you received it.
These documents must be fled with the Clerk of the Superior Court in the county listed
above. A list of these offices is provided. Include a $_______ filing fee payable to the
“Treasurer State of New Jersey.” You must also send a copy of your Answer to the plaintiff’s
attorney whose name and address appear above, or to the plaintiff, if no attorney is named above.
A telephone call will not protect your rights; you must file and serve your Answer (with the fee)
or judgment may be entered against you by default. Please note: Opposition to the order to
show cause is not an Answer and you must file both. Please note further: if you do not file and
serve an Answer within 35 days of this Order, the Court may enter a default against you for the
relief plaintiff demands.
9. If you cannot afford an attorney, you may call the Legal Services office in the
county in which you live. A list of these offices is provided. If you do not have an attorney and
are not eligible for free legal assistance you may obtain a referral to an attorney by calling one of
the Lawyer Referral Services. A list of these numbers is also provided.
10. The Court will entertain argument, but not testimony, on the return date of the
order to show cause, unless the court and parties are advised to the contrary no later than ___
days before the return date.
______________________________
J.S.C.
ATLANTIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division, Direct Filing
1201 Bacharach Blvd., First Fl.
Atlantic City, NJ 08401
BERGEN COUNTY:
Deputy Clerk of the Superior Court
Case Processing Section, Room 119
Justice Center, 10 Main St.
Hackensack, NJ 07601-0769
BURLINGTON COUNTY:
Deputy Clerk of the Superior Court
Central Processing Office
Attn: Judicial Intake
First Fl., Courts Facility
49 Rancocas Rd.
Mt. Holly, NJ 08060
CAMDEN COUNTY:
Deputy Clerk of the Superior Court
Civil Processing Office
1st Fl., Hall of Records
101 S. Fifth St.
Camden, NJ 08103
CAPE MAY COUNTY:
Deputy Clerk of the Superior Court
9 N. Main Street
Box DN-209
Cape May Court House, NJ 08210
CUMBERLAND COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Broad & Fayette Sts., P.O. Box 615
Bridgeton, NJ 08302
ESSEX COUNTY:
Deputy Clerk of the Superior Court
50 West Market Street
Room 131
Newark, NJ 07102
GLOUCESTER COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Attn: Intake
First Fl., Court House
1 North Broad Street, P.O. Box 129
Woodbury, NJ 08096
HUDSON COUNTY: Deputy Clerk of the Superior Court
Superior Court, Civil Records Dept.
Brennan Court House-- 1st Floor
583 Newark Ave.
Jersey City, NJ 07306
HUNTERDON COUNTY:
Deputy Clerk of the Superior Court
Civil Division
65 Park Avenue
Flemington, NJ 08822
MERCER COUNTY:
Deputy Clerk of the Superior Court
Local Filing Office, Courthouse
175 S. Broad Street, P.O. Box 8068
Trenton, NJ 08650
LAWYER REFERRAL
(609) 345-3444
LEGAL SERVICES
(609) 348-4200
LAWYER REFERRAL
(201) 488-0044
LEGAL SERVICES
(201) 487-2166
LAWYER REFERRAL
(609) 261-4862
LEGAL SERVICES
(609) 261-1088
LAWYER REFERRAL
(856) 964-4520
LEGAL SERVICES
(856) 964-2010
LAWYER REFERRAL
(609) 463-0313
LEGAL SERVICES
(609) 465-3001
LAWYER REFERRAL
(856) 692-6207
LEGAL SERVICES
(856) 451-0003
LAWYER REFERRAL
(973) 622-6207
LEGAL SERVICES
(973) 624-4500
LAWYER REFERRAL
(856) 848-4589
LEGAL SERVICES
(856) 848-5360
LAWYER REFERRAL
(201) 798-2727
LEGAL SERVICES
(201) 792-6363
LAWYER REFERRAL
(908) 735-2611
LEGAL SERVICES
(908) 782-7979
LAWYER REFERRAL
(609) 585-6200
LEGAL SERVICES
(609) 695-6249
MIDDLESEX COUNTY:
Deputy Clerk of the Superior Court
Administration Building
Third Floor
1 Kennedy Sq., P.O. Box 2633
New Brunswick, NJ 08903-2633
MONMOUTH COUNTY:
Deputy Clerk of the Superior Court
Court House
71 Monument Park
P.O. Box 1269
Freehold, NJ 07728-1269
MORRIS COUNTY:
Deputy Clerk of the Superior Court
Civil Division
30 Schuyler Pl., P.O. Box 910
Morristown, NJ 07960-0910
OCEAN COUNTY:
Deputy Clerk of the Superior Court
Court House, Room 119
118 Washington Street
Toms River, NJ 08754
PASSAIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division
Court House
77 Hamilton St.
Paterson, NJ 07505
SALEM COUNTY:
Deputy Clerk of the Superior Court
92 Market St., P.O. Box 18
Salem, NJ 08079
SOMERSET COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
New Court House, 3rd Fl.
P.O. Box 3000
Somerville, NJ 08876
SUSSEX COUNTY:
Deputy Clerk of the Superior Court
Sussex County Judicial Center
43-47 High Street
Newton, NJ 07860
UNION COUNTY:
Deputy Clerk of the Superior Court
1st Fl., Court House
2 Broad Street
Elizabeth, NJ 07207-6073
WARREN COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
Court House
413 Second Street
Belvidere, NJ 07823-1500
LAWYER REFERRAL
(732) 828-0053
LEGAL SERVICES
(732) 249-7600
LAWYER REFERRAL
(732) 431-5544
LEGAL SERVICES
(732) 866-0020
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 285-6911
LAWYER REFERRAL
(732) 240-3666
LEGAL SERVICES
(732) 341-2727
LAWYER REFERRAL
(973) 278-9223
LEGAL SERVICES
(973) 345-7171
LAWYER REFERRAL
(856) 935-5628
LEGAL SERVICES
(856) 451-0003
LAWYER REFERRAL
(908) 685-2323
LEGAL SERVICES
(908) 231-0840
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 383-7400
LAWYER REFERRAL
(908) 353-4715
LEGAL SERVICES
(908) 354-4340
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 475-2010
Order to Show Cause Summary Action 10704
OSC AS ORIGINAL PROCESS – SUMMARY ACTION
PURSUANT TO R 4:67-1(A)
FAMILY PART R. 5:4-3(b)
SUBMITTED WITH NEW COMPLAINT
SUPERIOR COURT OF NEW JERSEY
_________ DIVISION ______ COUNTY
_____________ PART
[Insert the plaintiff’s name],
Plaintiff(s),
v.
[Insert the defendant’s name],
Defendant(s).
Docket No.:
CIVIL ACTION
ORDER TO SHOW CAUSE
SUMMARY ACTION
THIS MATTER being brought before the Court by _______________, attorney for
plaintiff, [insert the plaintiff’s name], seeking relief by way of summary action pursuant to R. 4:67-
1(a), based upon the facts set forth in the verified complaint filed herewith; and the Court having
determined that this matter may be commenced by order to show cause as a summary proceeding
pursuant to [insert the statute or court rule that permits the matter to be brought as a summary action] and for
good cause shown.
IT IS on this ______ day of ________________, 20__, ORDERED that the [defendant(s)
or alternate: parties in interest], [insert defendant’s or parties in interest name(s)], appear and show cause
on the ________day of ____________________, 20___ before the Superior Court at the
_______ County Courthouse in _____________, New Jersey at _____ o’clock in the _____
noon, or as soon thereafter as counsel can be heard, why judgment should not be entered for:
A. [Set forth with specificity the return date relief that the plaintiff is seeking.];
B. _____________________________________;
C. ______________________________________;
D. Granting such other relief as the court deems equitable and just.
And it is further ORDERED that:
1. A copy of this order to show cause, verified complaint and all supporting
affidavits or certifications submitted in support of this application be served upon the
[defendant(s) or alternate: parties in interest], [personally or alternate: describe form of substituted
service] within ____ days of the date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being
original process.
2. The plaintiff must file with the court his/her/its proof of service of the pleadings
on the [defendant(s) or alternate: parties in interest] no later than three (3) days before the return
date.
3. [Defendant(s) or alternate: Parties in interest] shall file and serve a written answer,
[an answering affidavit or a motion returnable on the return date] [Family Part alternate: appearance
or response] to this order to show cause and the relief requested in the verified complaint and
proof of service of the same by _________________, 20__. The answer, [answering affidavit or
a motion] [Family Part alternate: appearance, response], as the case may be, must be filed with the
Clerk of the Superior Court in the county listed above and a copy of the papers must be sent
directly to the chambers of Judge _____________________.
4. The plaintiff must file and serve any written reply to the defendant’s order to
show cause opposition by _________________, 20__. The reply papers must be filed with the
Clerk of the Superior Court in the county listed above and a copy of the reply papers must be
sent directly to the chambers of Judge _____________________.
5. If the [defendant(s) or alternate: parties in interest], do/does not file and serve
opposition to this order to show cause, the application will be decided on the papers on the return
date and relief may be granted by default, provided that the plaintiff files a proof of service and a
proposed form of order at least three days prior to the return date.
6. If the plaintiff has not already done so, a proposed form of order addressing the
relief sought on the return date (along with a self-addressed return envelope with return address
and postage) must be submitted to the court no later than three (3) days before the return date.
7. [Defendant(s) or alternate: parties in interest] take notice that the plaintiff has filed a
[lawsuit] [Family Part alternate: divorce action] against [you][the estate of _________] in the
Superior Court of New Jersey. The verified complaint attached to this order to show cause states
the basis of the lawsuit. If you dispute this complaint, you, or your attorney, must file a written
answer, [an answering affidavit or a motion returnable on the return date to the order to show
cause] [Family Part alternate: appearance or response] and proof of service before the return date of
the order to show cause.
These documents must be fled with the Clerk of the Superior Court [Surrogate] in the
county listed above. A list of these offices is provided. Include a $ ________ filing fee payable
to the “Treasurer State of New Jersey [Surrogate of ________ County].” You must also send a
copy of your answer, [answering affidavit or motion] [Family Part alternate: appearance or
response] to the plaintiff’s attorney whose name and address appear above, or to the plaintiff, if
no attorney is named above. A telephone call will not protect your rights; you must file and
serve your answer, [answering affidavit or motion] [Family Part alternate: appearance or response]
(with the fee) or judgment may be entered against you by default.
8. If you cannot afford an attorney, you may call the Legal Services office in the
county in which you live. A list of these offices is provided. If you do not have an attorney and
are not eligible for free legal assistance you may obtain a referral to an attorney by calling one of
the Lawyer Referral Services. A list of these numbers is also provided.
9. The Court will entertain argument, but not testimony, on the return date of the
order to show cause, unless the court and parties are advised to the contrary no later than _____
days before the return date.
______________________________
J.S.C.
ATLANTIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division, Direct Filing
1201 Bacharach Blvd., First Fl.
Atlantic City, NJ 08401
BERGEN COUNTY:
Deputy Clerk of the Superior Court
Case Processing Section, Room 119
Justice Center, 10 Main St.
Hackensack, NJ 07601-0769
BURLINGTON COUNTY:
Deputy Clerk of the Superior Court
Central Processing Office
Attn: Judicial Intake
First Fl., Courts Facility
49 Rancocas Rd.
Mt. Holly, NJ 08060
CAMDEN COUNTY:
Deputy Clerk of the Superior Court
Civil Processing Office
1st Fl., Hall of Records
101 S. Fifth St.
Camden, NJ 08103
CAPE MAY COUNTY:
Deputy Clerk of the Superior Court
9 N. Main Street
Box DN-209
Cape May Court House, NJ 08210
CUMBERLAND COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Broad & Fayette Sts., P.O. Box 615
Bridgeton, NJ 08302
ESSEX COUNTY:
Deputy Clerk of the Superior Court
50 West Market Street
Room 131
Newark, NJ 07102
GLOUCESTER COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Attn: Intake
First Fl., Court House
1 North Broad Street, P.O. Box 129
Woodbury, NJ 08096
HUDSON COUNTY: Deputy Clerk of the Superior Court
Superior Court, Civil Records Dept.
Brennan Court House-- 1st Floor
583 Newark Ave.
Jersey City, NJ 07306
HUNTERDON COUNTY:
Deputy Clerk of the Superior Court
Civil Division
65 Park Avenue
Flemington, NJ 08822
MERCER COUNTY:
Deputy Clerk of the Superior Court
Local Filing Office, Courthouse
175 S. Broad Street, P.O. Box 8068
Trenton, NJ 08650
LAWYER REFERRAL
(609) 345-3444
LEGAL SERVICES
(609) 348-4200
LAWYER REFERRAL
(201) 488-0044
LEGAL SERVICES
(201) 487-2166
LAWYER REFERRAL
(609) 261-4862
LEGAL SERVICES
(609) 261-1088
LAWYER REFERRAL
(856) 964-4520
LEGAL SERVICES
(856) 964-2010
LAWYER REFERRAL
(609) 463-0313
LEGAL SERVICES
(609) 465-3001
LAWYER REFERRAL
(856) 692-6207
LEGAL SERVICES
(856) 451-0003
LAWYER REFERRAL
(973) 622-6207
LEGAL SERVICES
(973) 624-4500
LAWYER REFERRAL
(856) 848-4589
LEGAL SERVICES
(856) 848-5360
LAWYER REFERRAL
(201) 798-2727
LEGAL SERVICES
(201) 792-6363
LAWYER REFERRAL
(908) 735-2611
LEGAL SERVICES
(908) 782-7979
LAWYER REFERRAL
(609) 585-6200
LEGAL SERVICES
(609) 695-6249
MIDDLESEX COUNTY:
Deputy Clerk of the Superior Court
Administration Building
Third Floor
1 Kennedy Sq., P.O. Box 2633
New Brunswick, NJ 08903-2633
MONMOUTH COUNTY:
Deputy Clerk of the Superior Court
Court House
71 Monument Park
P.O. Box 1269
Freehold, NJ 07728-1269
MORRIS COUNTY:
Deputy Clerk of the Superior Court
Civil Division
30 Schuyler Pl., P.O. Box 910
Morristown, NJ 07960-0910
OCEAN COUNTY:
Deputy Clerk of the Superior Court
Court House, Room 119
118 Washington Street
Toms River, NJ 08754
PASSAIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division
Court House
77 Hamilton St.
Paterson, NJ 07505
SALEM COUNTY:
Deputy Clerk of the Superior Court
92 Market St., P.O. Box 18
Salem, NJ 08079
SOMERSET COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
New Court House, 3rd Fl.
P.O. Box 3000
Somerville, NJ 08876
SUSSEX COUNTY:
Deputy Clerk of the Superior Court
Sussex County Judicial Center
43-47 High Street
Newton, NJ 07860
UNION COUNTY:
Deputy Clerk of the Superior Court
1st Fl., Court House
2 Broad Street
Elizabeth, NJ 07207-6073
WARREN COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
Court House
413 Second Street
Belvidere, NJ 07823-1500
LAWYER REFERRAL
(732) 828-0053
LEGAL SERVICES
(732) 249-7600
LAWYER REFERRAL
(732) 431-5544
LEGAL SERVICES
(732) 866-0020
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 285-6911
LAWYER REFERRAL
(732) 240-3666
LEGAL SERVICES
(732) 341-2727
LAWYER REFERRAL
(973) 278-9223
LEGAL SERVICES
(973) 345-7171
LAWYER REFERRAL
(856) 935-5628
LEGAL SERVICES
(856) 451-0003
LAWYER REFERRAL
(908) 685-2323
LEGAL SERVICES
(908) 231-0840
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 383-7400
LAWYER REFERRAL
(908) 353-4715
LEGAL SERVICES
(908) 354-4340
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 475-2010
PURSUANT TO R 4:67-1(A)
FAMILY PART R. 5:4-3(b)
SUBMITTED WITH NEW COMPLAINT
SUPERIOR COURT OF NEW JERSEY
_________ DIVISION ______ COUNTY
_____________ PART
[Insert the plaintiff’s name],
Plaintiff(s),
v.
[Insert the defendant’s name],
Defendant(s).
Docket No.:
CIVIL ACTION
ORDER TO SHOW CAUSE
SUMMARY ACTION
THIS MATTER being brought before the Court by _______________, attorney for
plaintiff, [insert the plaintiff’s name], seeking relief by way of summary action pursuant to R. 4:67-
1(a), based upon the facts set forth in the verified complaint filed herewith; and the Court having
determined that this matter may be commenced by order to show cause as a summary proceeding
pursuant to [insert the statute or court rule that permits the matter to be brought as a summary action] and for
good cause shown.
IT IS on this ______ day of ________________, 20__, ORDERED that the [defendant(s)
or alternate: parties in interest], [insert defendant’s or parties in interest name(s)], appear and show cause
on the ________day of ____________________, 20___ before the Superior Court at the
_______ County Courthouse in _____________, New Jersey at _____ o’clock in the _____
noon, or as soon thereafter as counsel can be heard, why judgment should not be entered for:
A. [Set forth with specificity the return date relief that the plaintiff is seeking.];
B. _____________________________________;
C. ______________________________________;
D. Granting such other relief as the court deems equitable and just.
And it is further ORDERED that:
1. A copy of this order to show cause, verified complaint and all supporting
affidavits or certifications submitted in support of this application be served upon the
[defendant(s) or alternate: parties in interest], [personally or alternate: describe form of substituted
service] within ____ days of the date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being
original process.
2. The plaintiff must file with the court his/her/its proof of service of the pleadings
on the [defendant(s) or alternate: parties in interest] no later than three (3) days before the return
date.
3. [Defendant(s) or alternate: Parties in interest] shall file and serve a written answer,
[an answering affidavit or a motion returnable on the return date] [Family Part alternate: appearance
or response] to this order to show cause and the relief requested in the verified complaint and
proof of service of the same by _________________, 20__. The answer, [answering affidavit or
a motion] [Family Part alternate: appearance, response], as the case may be, must be filed with the
Clerk of the Superior Court in the county listed above and a copy of the papers must be sent
directly to the chambers of Judge _____________________.
4. The plaintiff must file and serve any written reply to the defendant’s order to
show cause opposition by _________________, 20__. The reply papers must be filed with the
Clerk of the Superior Court in the county listed above and a copy of the reply papers must be
sent directly to the chambers of Judge _____________________.
5. If the [defendant(s) or alternate: parties in interest], do/does not file and serve
opposition to this order to show cause, the application will be decided on the papers on the return
date and relief may be granted by default, provided that the plaintiff files a proof of service and a
proposed form of order at least three days prior to the return date.
6. If the plaintiff has not already done so, a proposed form of order addressing the
relief sought on the return date (along with a self-addressed return envelope with return address
and postage) must be submitted to the court no later than three (3) days before the return date.
7. [Defendant(s) or alternate: parties in interest] take notice that the plaintiff has filed a
[lawsuit] [Family Part alternate: divorce action] against [you][the estate of _________] in the
Superior Court of New Jersey. The verified complaint attached to this order to show cause states
the basis of the lawsuit. If you dispute this complaint, you, or your attorney, must file a written
answer, [an answering affidavit or a motion returnable on the return date to the order to show
cause] [Family Part alternate: appearance or response] and proof of service before the return date of
the order to show cause.
These documents must be fled with the Clerk of the Superior Court [Surrogate] in the
county listed above. A list of these offices is provided. Include a $ ________ filing fee payable
to the “Treasurer State of New Jersey [Surrogate of ________ County].” You must also send a
copy of your answer, [answering affidavit or motion] [Family Part alternate: appearance or
response] to the plaintiff’s attorney whose name and address appear above, or to the plaintiff, if
no attorney is named above. A telephone call will not protect your rights; you must file and
serve your answer, [answering affidavit or motion] [Family Part alternate: appearance or response]
(with the fee) or judgment may be entered against you by default.
8. If you cannot afford an attorney, you may call the Legal Services office in the
county in which you live. A list of these offices is provided. If you do not have an attorney and
are not eligible for free legal assistance you may obtain a referral to an attorney by calling one of
the Lawyer Referral Services. A list of these numbers is also provided.
9. The Court will entertain argument, but not testimony, on the return date of the
order to show cause, unless the court and parties are advised to the contrary no later than _____
days before the return date.
______________________________
J.S.C.
ATLANTIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division, Direct Filing
1201 Bacharach Blvd., First Fl.
Atlantic City, NJ 08401
BERGEN COUNTY:
Deputy Clerk of the Superior Court
Case Processing Section, Room 119
Justice Center, 10 Main St.
Hackensack, NJ 07601-0769
BURLINGTON COUNTY:
Deputy Clerk of the Superior Court
Central Processing Office
Attn: Judicial Intake
First Fl., Courts Facility
49 Rancocas Rd.
Mt. Holly, NJ 08060
CAMDEN COUNTY:
Deputy Clerk of the Superior Court
Civil Processing Office
1st Fl., Hall of Records
101 S. Fifth St.
Camden, NJ 08103
CAPE MAY COUNTY:
Deputy Clerk of the Superior Court
9 N. Main Street
Box DN-209
Cape May Court House, NJ 08210
CUMBERLAND COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Broad & Fayette Sts., P.O. Box 615
Bridgeton, NJ 08302
ESSEX COUNTY:
Deputy Clerk of the Superior Court
50 West Market Street
Room 131
Newark, NJ 07102
GLOUCESTER COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Attn: Intake
First Fl., Court House
1 North Broad Street, P.O. Box 129
Woodbury, NJ 08096
HUDSON COUNTY: Deputy Clerk of the Superior Court
Superior Court, Civil Records Dept.
Brennan Court House-- 1st Floor
583 Newark Ave.
Jersey City, NJ 07306
HUNTERDON COUNTY:
Deputy Clerk of the Superior Court
Civil Division
65 Park Avenue
Flemington, NJ 08822
MERCER COUNTY:
Deputy Clerk of the Superior Court
Local Filing Office, Courthouse
175 S. Broad Street, P.O. Box 8068
Trenton, NJ 08650
LAWYER REFERRAL
(609) 345-3444
LEGAL SERVICES
(609) 348-4200
LAWYER REFERRAL
(201) 488-0044
LEGAL SERVICES
(201) 487-2166
LAWYER REFERRAL
(609) 261-4862
LEGAL SERVICES
(609) 261-1088
LAWYER REFERRAL
(856) 964-4520
LEGAL SERVICES
(856) 964-2010
LAWYER REFERRAL
(609) 463-0313
LEGAL SERVICES
(609) 465-3001
LAWYER REFERRAL
(856) 692-6207
LEGAL SERVICES
(856) 451-0003
LAWYER REFERRAL
(973) 622-6207
LEGAL SERVICES
(973) 624-4500
LAWYER REFERRAL
(856) 848-4589
LEGAL SERVICES
(856) 848-5360
LAWYER REFERRAL
(201) 798-2727
LEGAL SERVICES
(201) 792-6363
LAWYER REFERRAL
(908) 735-2611
LEGAL SERVICES
(908) 782-7979
LAWYER REFERRAL
(609) 585-6200
LEGAL SERVICES
(609) 695-6249
MIDDLESEX COUNTY:
Deputy Clerk of the Superior Court
Administration Building
Third Floor
1 Kennedy Sq., P.O. Box 2633
New Brunswick, NJ 08903-2633
MONMOUTH COUNTY:
Deputy Clerk of the Superior Court
Court House
71 Monument Park
P.O. Box 1269
Freehold, NJ 07728-1269
MORRIS COUNTY:
Deputy Clerk of the Superior Court
Civil Division
30 Schuyler Pl., P.O. Box 910
Morristown, NJ 07960-0910
OCEAN COUNTY:
Deputy Clerk of the Superior Court
Court House, Room 119
118 Washington Street
Toms River, NJ 08754
PASSAIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division
Court House
77 Hamilton St.
Paterson, NJ 07505
SALEM COUNTY:
Deputy Clerk of the Superior Court
92 Market St., P.O. Box 18
Salem, NJ 08079
SOMERSET COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
New Court House, 3rd Fl.
P.O. Box 3000
Somerville, NJ 08876
SUSSEX COUNTY:
Deputy Clerk of the Superior Court
Sussex County Judicial Center
43-47 High Street
Newton, NJ 07860
UNION COUNTY:
Deputy Clerk of the Superior Court
1st Fl., Court House
2 Broad Street
Elizabeth, NJ 07207-6073
WARREN COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
Court House
413 Second Street
Belvidere, NJ 07823-1500
LAWYER REFERRAL
(732) 828-0053
LEGAL SERVICES
(732) 249-7600
LAWYER REFERRAL
(732) 431-5544
LEGAL SERVICES
(732) 866-0020
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 285-6911
LAWYER REFERRAL
(732) 240-3666
LEGAL SERVICES
(732) 341-2727
LAWYER REFERRAL
(973) 278-9223
LEGAL SERVICES
(973) 345-7171
LAWYER REFERRAL
(856) 935-5628
LEGAL SERVICES
(856) 451-0003
LAWYER REFERRAL
(908) 685-2323
LEGAL SERVICES
(908) 231-0840
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 383-7400
LAWYER REFERRAL
(908) 353-4715
LEGAL SERVICES
(908) 354-4340
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 475-2010
10705 Order to Show Cause Preliminary Injunction Pursuant to Rule 4:52
OTSC AS ORIGINAL PROCESS –
SUBMITTED WITH NEW COMPLAINT
PRELIMINARY INJUNCTIVE RELIEF
PURSUANT TO RULE 4:52-1 – NO TRO
SUPERIOR COURT OF NEW JERSEY
_________ DIVISION ______ COUNTY
_____________ PART
[Insert the plaintiff’s name],
Plaintiff(s),
v.
[Insert the defendant’s name],
Defendant(s).
Docket No.:
CIVIL ACTION
ORDER TO SHOW CAUSE
PRELIMINARY INJUNCTION
PURSUANT TO RULE 4:52
THIS MATTER being brought before the Court by __________________, attorney for
plaintiff, [insert the plaintiff’s name], seeking relief by way of preliminary injunction at the return
date set forth below pursuant to R. 4:52, based upon the facts set forth in the verified complaint
filed herewith and for good cause shown.
It is on this ____ day of _____________ ORDERED that defendant(s), [insert the
defendant’s name], appear and show cause before the Superior Court at the _______ County
Courthouse in _____________, New Jersey at _____ o’clock in the _____ noon or as soon
thereafter as counsel can be heard, on the ________day of ____________________, 20 __ why
an order should not be issued preliminarily enjoining and restraining [insert the defendant’s name]
from
A. [Set forth with specificity the return date relief that the plaintiff is seeking.];
B. _____________________________________;
C. ______________________________________;
D. Granting such other relief as the court deems equitable and just.
And it is further ORDERED that:
1. A copy of this order to show cause, verified complaint, legal memorandum and
any supporting affidavits or certifications submitted in support of this application be served upon
the defendant(s) [personally or alternate: describe form of substituted service] within ____ days of the
date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being original process.
2. The plaintiff must file with the court his/her/its proof of service of the pleadings
on the defendant no later than three (3) days before the return date.
3. Defendant(s) shall file and serve a written response to this order to show cause
and the request for entry of injunctive relief and proof of service by ___________________,
20__. The original documents must be filed with the clerk of the Superior Court in the county
listed above. A list of these offices is provided. You must send a copy of your opposition papers
directly to Judge ___________________, whose address is ____________________________,
New Jersey. You must also send a copy of your opposition papers to the plaintiff’s attorney
whose name and address appears above, or to the plaintiff, if no attorney is named above. A
telephone call will not protect your rights; you must file your opposition and pay the required fee
of $ ________ and serve your opposition on your adversary, if you want the court to hear your
opposition to the injunctive relief the plaintiff is seeking.
4. The plaintiff must file and serve any written reply to the defendant’s order to
show cause opposition by _________________, 20__. The reply papers must be filed with the
Clerk of the Superior Court in the county listed above and a copy of the reply papers must be
sent directly to the chambers of Judge _____________________.
5. If the defendant does not file and serve opposition to this order to show cause, the
application will be decided on the papers on the return date and relief may be granted by default,
provided that the plaintiff files a proof of service and a proposed form of order at least three days
prior to the return date.
6. If the plaintiff has not already done so, a proposed form of order addressing the
relief sought on the return date (along with a self-addressed return envelope with return address
and postage) must be submitted to the court no later than three (3) days before the return date.
7. Defendant take notice that the plaintiff has filed a lawsuit against you in the
Superior Court of New Jersey. The verified complaint attached to this order to show cause states
the basis of the lawsuit. If you dispute this complaint, you, or your attorney, must file a written
answer to the complaint and proof of service within 35 days from the day of service of this order
to show cause; not counting the day you received it.
These documents must be fled with the Clerk of the Superior Court in the county listed
above. A list of these offices is provided. Include a $______ filing fee payable to the “Treasurer
State of New Jersey.” You must also send a copy of your Answer to the plaintiff’s attorney
whose name and address appear above, or to the plaintiff, if no attorney is named above. A
telephone call will not protect your rights; you must file and serve your Answer (with the fee) or
judgment may be entered against you by default. Please note: Opposition to the order to show
cause is not an Answer and you must file both. Please note further: if you do not file and serve
an Answer within 35 days of this Order, the Court may enter a default against you for the relief
plaintiff demands.
8. If you cannot afford an attorney, you may call the Legal Services office in the
county in which you live. A list of these offices is provided. If you do not have an attorney and
are not eligible for free legal assistance you may obtain a referral to an attorney by calling one of
the Lawyer Referral Services. A list of these numbers is also provided.
9. The Court will entertain argument, but not testimony, on the return date of the
order to show cause, unless the court and parties are advised to the contrary no later than _____
days before the return date.
______________________________
J.S.C.
ATLANTIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division, Direct Filing
1201 Bacharach Blvd., First Fl.
Atlantic City, NJ 08401
BERGEN COUNTY:
Deputy Clerk of the Superior Court
Case Processing Section, Room 119
Justice Center, 10 Main St.
Hackensack, NJ 07601-0769
BURLINGTON COUNTY:
Deputy Clerk of the Superior Court
Central Processing Office
Attn: Judicial Intake
First Fl., Courts Facility
49 Rancocas Rd.
Mt. Holly, NJ 08060
CAMDEN COUNTY:
Deputy Clerk of the Superior Court
Civil Processing Office
1st Fl., Hall of Records
101 S. Fifth St.
Camden, NJ 08103
CAPE MAY COUNTY:
Deputy Clerk of the Superior Court
9 N. Main Street
Box DN-209
Cape May Court House, NJ 08210
CUMBERLAND COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Broad & Fayette Sts., P.O. Box 615
Bridgeton, NJ 08302
ESSEX COUNTY:
Deputy Clerk of the Superior Court
50 West Market Street
Room 131
Newark, NJ 07102
GLOUCESTER COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Attn: Intake
First Fl., Court House
1 North Broad Street, P.O. Box 129
Woodbury, NJ 08096
HUDSON COUNTY: Deputy Clerk of the Superior Court
Superior Court, Civil Records Dept.
Brennan Court House-- 1st Floor
583 Newark Ave.
Jersey City, NJ 07306
HUNTERDON COUNTY:
Deputy Clerk of the Superior Court
Civil Division
65 Park Avenue
Flemington, NJ 08822
MERCER COUNTY:
Deputy Clerk of the Superior Court
Local Filing Office, Courthouse
175 S. Broad Street, P.O. Box 8068
Trenton, NJ 08650
LAWYER REFERRAL
(609) 345-3444
LEGAL SERVICES
(609) 348-4200
LAWYER REFERRAL
(201) 488-0044
LEGAL SERVICES
(201) 487-2166
LAWYER REFERRAL
(609) 261-4862
LEGAL SERVICES
(609) 261-1088
LAWYER REFERRAL
(856) 964-4520
LEGAL SERVICES
(856) 964-2010
LAWYER REFERRAL
(609) 463-0313
LEGAL SERVICES
(609) 465-3001
LAWYER REFERRAL
(856) 692-6207
LEGAL SERVICES
(856) 451-0003
LAWYER REFERRAL
(973) 622-6207
LEGAL SERVICES
(973) 624-4500
LAWYER REFERRAL
(856) 848-4589
LEGAL SERVICES
(856) 848-5360
LAWYER REFERRAL
(201) 798-2727
LEGAL SERVICES
(201) 792-6363
LAWYER REFERRAL
(908) 735-2611
LEGAL SERVICES
(908) 782-7979
LAWYER REFERRAL
(609) 585-6200
LEGAL SERVICES
(609) 695-6249
MIDDLESEX COUNTY:
Deputy Clerk of the Superior Court
Administration Building
Third Floor
1 Kennedy Sq., P.O. Box 2633
New Brunswick, NJ 08903-2633
MONMOUTH COUNTY:
Deputy Clerk of the Superior Court
Court House
71 Monument Park
P.O. Box 1269
Freehold, NJ 07728-1269
MORRIS COUNTY:
Deputy Clerk of the Superior Court
Civil Division
30 Schuyler Pl., P.O. Box 910
Morristown, NJ 07960-0910
OCEAN COUNTY:
Deputy Clerk of the Superior Court
Court House, Room 119
118 Washington Street
Toms River, NJ 08754
PASSAIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division
Court House
77 Hamilton St.
Paterson, NJ 07505
SALEM COUNTY:
Deputy Clerk of the Superior Court
92 Market St., P.O. Box 18
Salem, NJ 08079
SOMERSET COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
New Court House, 3rd Fl.
P.O. Box 3000
Somerville, NJ 08876
SUSSEX COUNTY:
Deputy Clerk of the Superior Court
Sussex County Judicial Center
43-47 High Street
Newton, NJ 07860
UNION COUNTY:
Deputy Clerk of the Superior Court
1st Fl., Court House
2 Broad Street
Elizabeth, NJ 07207-6073
WARREN COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
Court House
413 Second Street
Belvidere, NJ 07823-1500
LAWYER REFERRAL
(732) 828-0053
LEGAL SERVICES
(732) 249-7600
LAWYER REFERRAL
(732) 431-5544
LEGAL SERVICES
(732) 866-0020
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 285-6911
LAWYER REFERRAL
(732) 240-3666
LEGAL SERVICES
(732) 341-2727
LAWYER REFERRAL
(973) 278-9223
LEGAL SERVICES
(973) 345-7171
LAWYER REFERRAL
(856) 935-5628
LEGAL SERVICES
(856) 451-0003
LAWYER REFERRAL
(908) 685-2323
LEGAL SERVICES
(908) 231-0840
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 383-7400
LAWYER REFERRAL
(908) 353-4715
LEGAL SERVICES
(908) 354-4340
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 475-2010
SUBMITTED WITH NEW COMPLAINT
PRELIMINARY INJUNCTIVE RELIEF
PURSUANT TO RULE 4:52-1 – NO TRO
SUPERIOR COURT OF NEW JERSEY
_________ DIVISION ______ COUNTY
_____________ PART
[Insert the plaintiff’s name],
Plaintiff(s),
v.
[Insert the defendant’s name],
Defendant(s).
Docket No.:
CIVIL ACTION
ORDER TO SHOW CAUSE
PRELIMINARY INJUNCTION
PURSUANT TO RULE 4:52
THIS MATTER being brought before the Court by __________________, attorney for
plaintiff, [insert the plaintiff’s name], seeking relief by way of preliminary injunction at the return
date set forth below pursuant to R. 4:52, based upon the facts set forth in the verified complaint
filed herewith and for good cause shown.
It is on this ____ day of _____________ ORDERED that defendant(s), [insert the
defendant’s name], appear and show cause before the Superior Court at the _______ County
Courthouse in _____________, New Jersey at _____ o’clock in the _____ noon or as soon
thereafter as counsel can be heard, on the ________day of ____________________, 20 __ why
an order should not be issued preliminarily enjoining and restraining [insert the defendant’s name]
from
A. [Set forth with specificity the return date relief that the plaintiff is seeking.];
B. _____________________________________;
C. ______________________________________;
D. Granting such other relief as the court deems equitable and just.
And it is further ORDERED that:
1. A copy of this order to show cause, verified complaint, legal memorandum and
any supporting affidavits or certifications submitted in support of this application be served upon
the defendant(s) [personally or alternate: describe form of substituted service] within ____ days of the
date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being original process.
2. The plaintiff must file with the court his/her/its proof of service of the pleadings
on the defendant no later than three (3) days before the return date.
3. Defendant(s) shall file and serve a written response to this order to show cause
and the request for entry of injunctive relief and proof of service by ___________________,
20__. The original documents must be filed with the clerk of the Superior Court in the county
listed above. A list of these offices is provided. You must send a copy of your opposition papers
directly to Judge ___________________, whose address is ____________________________,
New Jersey. You must also send a copy of your opposition papers to the plaintiff’s attorney
whose name and address appears above, or to the plaintiff, if no attorney is named above. A
telephone call will not protect your rights; you must file your opposition and pay the required fee
of $ ________ and serve your opposition on your adversary, if you want the court to hear your
opposition to the injunctive relief the plaintiff is seeking.
4. The plaintiff must file and serve any written reply to the defendant’s order to
show cause opposition by _________________, 20__. The reply papers must be filed with the
Clerk of the Superior Court in the county listed above and a copy of the reply papers must be
sent directly to the chambers of Judge _____________________.
5. If the defendant does not file and serve opposition to this order to show cause, the
application will be decided on the papers on the return date and relief may be granted by default,
provided that the plaintiff files a proof of service and a proposed form of order at least three days
prior to the return date.
6. If the plaintiff has not already done so, a proposed form of order addressing the
relief sought on the return date (along with a self-addressed return envelope with return address
and postage) must be submitted to the court no later than three (3) days before the return date.
7. Defendant take notice that the plaintiff has filed a lawsuit against you in the
Superior Court of New Jersey. The verified complaint attached to this order to show cause states
the basis of the lawsuit. If you dispute this complaint, you, or your attorney, must file a written
answer to the complaint and proof of service within 35 days from the day of service of this order
to show cause; not counting the day you received it.
These documents must be fled with the Clerk of the Superior Court in the county listed
above. A list of these offices is provided. Include a $______ filing fee payable to the “Treasurer
State of New Jersey.” You must also send a copy of your Answer to the plaintiff’s attorney
whose name and address appear above, or to the plaintiff, if no attorney is named above. A
telephone call will not protect your rights; you must file and serve your Answer (with the fee) or
judgment may be entered against you by default. Please note: Opposition to the order to show
cause is not an Answer and you must file both. Please note further: if you do not file and serve
an Answer within 35 days of this Order, the Court may enter a default against you for the relief
plaintiff demands.
8. If you cannot afford an attorney, you may call the Legal Services office in the
county in which you live. A list of these offices is provided. If you do not have an attorney and
are not eligible for free legal assistance you may obtain a referral to an attorney by calling one of
the Lawyer Referral Services. A list of these numbers is also provided.
9. The Court will entertain argument, but not testimony, on the return date of the
order to show cause, unless the court and parties are advised to the contrary no later than _____
days before the return date.
______________________________
J.S.C.
ATLANTIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division, Direct Filing
1201 Bacharach Blvd., First Fl.
Atlantic City, NJ 08401
BERGEN COUNTY:
Deputy Clerk of the Superior Court
Case Processing Section, Room 119
Justice Center, 10 Main St.
Hackensack, NJ 07601-0769
BURLINGTON COUNTY:
Deputy Clerk of the Superior Court
Central Processing Office
Attn: Judicial Intake
First Fl., Courts Facility
49 Rancocas Rd.
Mt. Holly, NJ 08060
CAMDEN COUNTY:
Deputy Clerk of the Superior Court
Civil Processing Office
1st Fl., Hall of Records
101 S. Fifth St.
Camden, NJ 08103
CAPE MAY COUNTY:
Deputy Clerk of the Superior Court
9 N. Main Street
Box DN-209
Cape May Court House, NJ 08210
CUMBERLAND COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Broad & Fayette Sts., P.O. Box 615
Bridgeton, NJ 08302
ESSEX COUNTY:
Deputy Clerk of the Superior Court
50 West Market Street
Room 131
Newark, NJ 07102
GLOUCESTER COUNTY:
Deputy Clerk of the Superior Court
Civil Case Management Office
Attn: Intake
First Fl., Court House
1 North Broad Street, P.O. Box 129
Woodbury, NJ 08096
HUDSON COUNTY: Deputy Clerk of the Superior Court
Superior Court, Civil Records Dept.
Brennan Court House-- 1st Floor
583 Newark Ave.
Jersey City, NJ 07306
HUNTERDON COUNTY:
Deputy Clerk of the Superior Court
Civil Division
65 Park Avenue
Flemington, NJ 08822
MERCER COUNTY:
Deputy Clerk of the Superior Court
Local Filing Office, Courthouse
175 S. Broad Street, P.O. Box 8068
Trenton, NJ 08650
LAWYER REFERRAL
(609) 345-3444
LEGAL SERVICES
(609) 348-4200
LAWYER REFERRAL
(201) 488-0044
LEGAL SERVICES
(201) 487-2166
LAWYER REFERRAL
(609) 261-4862
LEGAL SERVICES
(609) 261-1088
LAWYER REFERRAL
(856) 964-4520
LEGAL SERVICES
(856) 964-2010
LAWYER REFERRAL
(609) 463-0313
LEGAL SERVICES
(609) 465-3001
LAWYER REFERRAL
(856) 692-6207
LEGAL SERVICES
(856) 451-0003
LAWYER REFERRAL
(973) 622-6207
LEGAL SERVICES
(973) 624-4500
LAWYER REFERRAL
(856) 848-4589
LEGAL SERVICES
(856) 848-5360
LAWYER REFERRAL
(201) 798-2727
LEGAL SERVICES
(201) 792-6363
LAWYER REFERRAL
(908) 735-2611
LEGAL SERVICES
(908) 782-7979
LAWYER REFERRAL
(609) 585-6200
LEGAL SERVICES
(609) 695-6249
MIDDLESEX COUNTY:
Deputy Clerk of the Superior Court
Administration Building
Third Floor
1 Kennedy Sq., P.O. Box 2633
New Brunswick, NJ 08903-2633
MONMOUTH COUNTY:
Deputy Clerk of the Superior Court
Court House
71 Monument Park
P.O. Box 1269
Freehold, NJ 07728-1269
MORRIS COUNTY:
Deputy Clerk of the Superior Court
Civil Division
30 Schuyler Pl., P.O. Box 910
Morristown, NJ 07960-0910
OCEAN COUNTY:
Deputy Clerk of the Superior Court
Court House, Room 119
118 Washington Street
Toms River, NJ 08754
PASSAIC COUNTY:
Deputy Clerk of the Superior Court
Civil Division
Court House
77 Hamilton St.
Paterson, NJ 07505
SALEM COUNTY:
Deputy Clerk of the Superior Court
92 Market St., P.O. Box 18
Salem, NJ 08079
SOMERSET COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
New Court House, 3rd Fl.
P.O. Box 3000
Somerville, NJ 08876
SUSSEX COUNTY:
Deputy Clerk of the Superior Court
Sussex County Judicial Center
43-47 High Street
Newton, NJ 07860
UNION COUNTY:
Deputy Clerk of the Superior Court
1st Fl., Court House
2 Broad Street
Elizabeth, NJ 07207-6073
WARREN COUNTY:
Deputy Clerk of the Superior Court
Civil Division Office
Court House
413 Second Street
Belvidere, NJ 07823-1500
LAWYER REFERRAL
(732) 828-0053
LEGAL SERVICES
(732) 249-7600
LAWYER REFERRAL
(732) 431-5544
LEGAL SERVICES
(732) 866-0020
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 285-6911
LAWYER REFERRAL
(732) 240-3666
LEGAL SERVICES
(732) 341-2727
LAWYER REFERRAL
(973) 278-9223
LEGAL SERVICES
(973) 345-7171
LAWYER REFERRAL
(856) 935-5628
LEGAL SERVICES
(856) 451-0003
LAWYER REFERRAL
(908) 685-2323
LEGAL SERVICES
(908) 231-0840
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 383-7400
LAWYER REFERRAL
(908) 353-4715
LEGAL SERVICES
(908) 354-4340
LAWYER REFERRAL
(973) 267-5882
LEGAL SERVICES
(973) 475-2010
Model Incapacitated Person Guardianship Judgment 10510
SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION [insert county] COUNTY
PROBATE PART
In the Matter of [insert the incapacitated
person’s name], an Incapacitated Person
Docket No.
CIVIL ACTION
JUDGMENT OF LEGAL INCAPACITY AND
APPOINTING A GUARDIAN OF THE PERSON
AND ESTATE
THIS MATTER being opened to the Court by [insert the plaintiff attorney’s name], attorney
for [insert the plaintiff’s name], in the presence of [insert the court appointed attorney’s name], attorney for
the then alleged incapacitated person, and [insert the incapacitated person’s name], the then alleged
incapacitated person, and no demand having been made for a jury trial, and the Court sitting
without a jury having found from the report of [insert the court appointed attorney’s name], Esq.,
together with the report of the examining physicians [insert the name of the physician] M.D. and
[insert the name of the physician] M.D. (alternate licensed practicing psychologist) and proofs given that
[insert the incapacitated person’s name] is an incapacitated person who lacks sufficient capacity to
govern himself/herself and manage his/her affairs, and it further appearing that [insert the
proposed guardian’s name] consents to serve as Guardian of the Person and Estate of [insert the
incapacitated person’s name] and for good cause shown:
IT IS on this ___ day of ____________, 20 ___ ORDERED AND ADJUDGED that:
1. [Insert the incapacitated person’s name] is an incapacitated person and is unfit and
unable to govern himself/herself and manage his/her affairs, except that [insert the incapacitated
person’s name] is fully able at this time to govern himself/herself and manage his/her own
affairs with respect to the following areas: [insert areas of decision making that the incapacitated person
retains, such as, living arrangements, marriage, advance directives, voting, gifting, manage finances, execute a will,
establish a trust, execute contracts, make judgments regarding daily activities et cetera].
2. [Insert the proposed guardian’s name] be and hereby is appointed Guardian of the
Person and Estate of [insert the incapacitated person’s name] and that Letters of Guardianship of the
Person and Estate be issued upon his/her (a) qualify according to law, (b) acknowledging to
Revised 03/2005, CN 10510-English page 1 of 5
the Surrogate of [insert county] County, upon receipt of a copy of the guardian’s manual and
annual report form, the receipt of the same and (c) entering into a surety bond unto the
Superior Court of New Jersey in the amount of $_____________, which bond shall contain
the conditions set forth N.J.S.A. 3B:15-7 and R. 1:13-3. The court shall approve the bond as
to form and sufficiency.
3. Upon qualifying, the Surrogate of [insert county] County shall issue Letters of
Guardianship of the Person and Estate to [insert the proposed guardian’s name] and thereupon [insert
the proposed guardian’s name] be and hereby is authorized to perform all the functions and duties
of a Guardian as allowed by law, except as limited herein or in areas where [insert the
incapacitated person’s name] retains decision making rights.
4. The Guardian of the Estate may not alienate, mortgage, transfer or otherwise
encumber or dispose of real property without court approval. Said limitation shall be stated
in the Letters of Guardianship.
5. The court having reviewed the affidavit or certification of services of [insert the
court appointed attorney’s name], Esq., previously filed with the court, [insert the proposed guardian’s
name] shall pay [insert the court appointed attorney’s name], court-appointed attorney for [insert the
incapacitated person’s name], a fee of $_______________ for professional services rendered and
$___________ for expenses incurred, which disbursements are hereby approved.
6. The court having reviewed the affidavit or certification of services of [insert the
plaintiff attorney’s name], Esq., previously filed with the court, [insert the proposed guardian’s name]
shall pay [insert the plaintiff attorney’s name], attorney for plaintiff, a fee of $_____________ for
professional services and $______________ for expenses incurred, which sum includes
reimbursement or payment of the cost of the physician affidavits or certifications, which
disbursements are hereby approved.
7. [Insert the proposed guardian’s name] is hereby directed to file annually a report of the
well-being of [insert the incapacitated person’s name]. The report must be filed each year on the
anniversary date of this Judgment with the Surrogate of [insert county] County.
[IF APPLICABLE]
A copy of the report must also be served upon [insert the court appointed attorney’s name or next-of-kin].
8. [Insert the proposed guardian’s name] is directed to file an annual informal accounting
Revised 03/2005, CN 10510-English page 2 of 5
on the anniversary date of this judgment, or any time as ordered by this court, with the
Surrogate of [insert county] County. Said annual informal account does not replace or satisfy
the duty to file and bring on for approval a formal accounting as required by law or as
ordered by the court.
[IF APPLICABLE]
A copy of the informal accountings must also be served upon [insert the court appointed attorney’s
name or next-of-kin]..
9. [Insert the proposed guardian’s name] is hereby directed to advise the Surrogate of
[insert county] County within ten (10) days of any changes in the address or telephone number
of himself or herself or the incapacitated person or within thirty (30) days of the incapacitated
person’s death or of any major change in status or health.
10. [Insert the proposed guardian’s name] shall cooperate fully with any Court staff or
volunteers until the guardianship is terminated by the death or return to competency of [insert
the incapacitated person’s name] or the Guardian’s death, removal or discharge.
11. [Insert the plaintiff attorney’s name], attorney for plaintiff, shall serve a copy of this
Judgment upon all interested parties and attorneys of record within seven (7) days from the
receipt hereof.
12. [Insert the proposed guardian of the estate’s name] shall file with the Court within 90
days, an inventory of all of the incapacitated person’s property and income. Within said
period a copy of the inventory shall be served on all next-of-kin and parties in interest.
13. [Insert the court appointed attorney’s name], court appointed attorney for [insert the
incapacitated person’s name], having reported to the court and advocated on behalf of the
incapacitated person, be and hereby is discharged from any further obligation to act as
attorney for [insert the incapacitated person’s name].
[USE IF APPLICABLE]
14. It appearing that the plaintiff and the attorney appointed to represent the alleged
incapacitated person have inquired about powers-of-attorney, health care directives and trusts
for the benefit of the incapacitated person that were executed by the incapacitated person and
proof of service having been made on the attorneys-in-fact, representative or trustee
designated in such document or documents, and good cause shown appearing that the
Revised 03/2005, CN 10510-English page 3 of 5
authority therein contained should be revoked [alternate language: modified]
It is ORDERED and ADJUDGED that the power and authority conferred by [insert an
appropriate description, such as, a power of attorney executed on (date) designating [insert the agent’s name] as
attorney-in-fact, health care representative or trustee] be and hereby is revoked [alternate language: modified
as follows (insert narrative of modification)].
[USE IF APPLICABLE]
Nothing herein shall affect or limit the [insert an appropriate description of any power of attorney, health
care directive or revocable trust that will not be revoked or modified, notwithstanding the principal’s incapacity and the
report by the attorney for the alleged incapacitated person].
[USE IF APPLICABLE]It further appearing that [insert the name] [insert appropriate
description, such as, attorney-in-fact or trustee] under a [insert date executed] [insert appropriate description,
such as, power of attorney or revocable trust] has power and control over the incapacitated person’s
real and personal property and doubt or concern, whether the [insert attorney in fact or trustee]
is acting within the powers delegated or is acting solely for the benefit of the
incapacitated person, having been raised.
It is hereby ORDERED and ADJUDGED that [insert name] [insert appropriate description, such
as, attorney-in-fact or trustee] under the herein revoked [alternate modified] [insert appropriate description,
such as, power of attorney or revocable trust] shall within sixty (60) days serve upon the guardian of
the incapacitated person’s estate an accounting that reports all corpus and income receipts
and disbursements under the said [insert appropriate description, such as, power of attorney or revocable
trust].
[USE IF APPLICABLE]
15. It appearing that the best interest of the incapacitated persons requires that the
attorney appointed for the incapacitated person should review and report on the [initial]
ability of the Guardian to perform and fulfill the duties required. [Insert the court appointed
attorney’s name], be and hereby is directed to continue to act on behalf of the court and [insert the
incapacitated person’s name] for a period of [insert the number of months, years or until the ward dies or is
returned to competency that the court determines is appropriate]. During said continuing period [insert the
court appointed attorney’s name] must review all reports, accountings and [here insert any special
functions, i.e., confirm the placement of the incapacitated person in a nursing home, confirm marshalling of assets,
Revised 03/2005, CN 10510-English page 4 of 5
confirm that the Guardian has created estate books and records et cetera] and shall communicate to the court
through the surrogate’s office any matters or issues that he or she perceives are necessary to
be identified and raised for the best interest of [insert the incapacitated person’s name]. While acting
pursuant to the terms of this order, [insert the court appointed attorney’s name] shall be vested with
such immunities or other defenses that an agent of the court is entitled to claim.
16. [Here insert any additional powers, limitations or conditions deemed necessary to protect the
incapacitated person and his/her estate.]
______________________________________
J.S.C
Revised 03/2005, CN 10510-English page 5 of 5
CHANCERY DIVISION [insert county] COUNTY
PROBATE PART
In the Matter of [insert the incapacitated
person’s name], an Incapacitated Person
Docket No.
CIVIL ACTION
JUDGMENT OF LEGAL INCAPACITY AND
APPOINTING A GUARDIAN OF THE PERSON
AND ESTATE
THIS MATTER being opened to the Court by [insert the plaintiff attorney’s name], attorney
for [insert the plaintiff’s name], in the presence of [insert the court appointed attorney’s name], attorney for
the then alleged incapacitated person, and [insert the incapacitated person’s name], the then alleged
incapacitated person, and no demand having been made for a jury trial, and the Court sitting
without a jury having found from the report of [insert the court appointed attorney’s name], Esq.,
together with the report of the examining physicians [insert the name of the physician] M.D. and
[insert the name of the physician] M.D. (alternate licensed practicing psychologist) and proofs given that
[insert the incapacitated person’s name] is an incapacitated person who lacks sufficient capacity to
govern himself/herself and manage his/her affairs, and it further appearing that [insert the
proposed guardian’s name] consents to serve as Guardian of the Person and Estate of [insert the
incapacitated person’s name] and for good cause shown:
IT IS on this ___ day of ____________, 20 ___ ORDERED AND ADJUDGED that:
1. [Insert the incapacitated person’s name] is an incapacitated person and is unfit and
unable to govern himself/herself and manage his/her affairs, except that [insert the incapacitated
person’s name] is fully able at this time to govern himself/herself and manage his/her own
affairs with respect to the following areas: [insert areas of decision making that the incapacitated person
retains, such as, living arrangements, marriage, advance directives, voting, gifting, manage finances, execute a will,
establish a trust, execute contracts, make judgments regarding daily activities et cetera].
2. [Insert the proposed guardian’s name] be and hereby is appointed Guardian of the
Person and Estate of [insert the incapacitated person’s name] and that Letters of Guardianship of the
Person and Estate be issued upon his/her (a) qualify according to law, (b) acknowledging to
Revised 03/2005, CN 10510-English page 1 of 5
the Surrogate of [insert county] County, upon receipt of a copy of the guardian’s manual and
annual report form, the receipt of the same and (c) entering into a surety bond unto the
Superior Court of New Jersey in the amount of $_____________, which bond shall contain
the conditions set forth N.J.S.A. 3B:15-7 and R. 1:13-3. The court shall approve the bond as
to form and sufficiency.
3. Upon qualifying, the Surrogate of [insert county] County shall issue Letters of
Guardianship of the Person and Estate to [insert the proposed guardian’s name] and thereupon [insert
the proposed guardian’s name] be and hereby is authorized to perform all the functions and duties
of a Guardian as allowed by law, except as limited herein or in areas where [insert the
incapacitated person’s name] retains decision making rights.
4. The Guardian of the Estate may not alienate, mortgage, transfer or otherwise
encumber or dispose of real property without court approval. Said limitation shall be stated
in the Letters of Guardianship.
5. The court having reviewed the affidavit or certification of services of [insert the
court appointed attorney’s name], Esq., previously filed with the court, [insert the proposed guardian’s
name] shall pay [insert the court appointed attorney’s name], court-appointed attorney for [insert the
incapacitated person’s name], a fee of $_______________ for professional services rendered and
$___________ for expenses incurred, which disbursements are hereby approved.
6. The court having reviewed the affidavit or certification of services of [insert the
plaintiff attorney’s name], Esq., previously filed with the court, [insert the proposed guardian’s name]
shall pay [insert the plaintiff attorney’s name], attorney for plaintiff, a fee of $_____________ for
professional services and $______________ for expenses incurred, which sum includes
reimbursement or payment of the cost of the physician affidavits or certifications, which
disbursements are hereby approved.
7. [Insert the proposed guardian’s name] is hereby directed to file annually a report of the
well-being of [insert the incapacitated person’s name]. The report must be filed each year on the
anniversary date of this Judgment with the Surrogate of [insert county] County.
[IF APPLICABLE]
A copy of the report must also be served upon [insert the court appointed attorney’s name or next-of-kin].
8. [Insert the proposed guardian’s name] is directed to file an annual informal accounting
Revised 03/2005, CN 10510-English page 2 of 5
on the anniversary date of this judgment, or any time as ordered by this court, with the
Surrogate of [insert county] County. Said annual informal account does not replace or satisfy
the duty to file and bring on for approval a formal accounting as required by law or as
ordered by the court.
[IF APPLICABLE]
A copy of the informal accountings must also be served upon [insert the court appointed attorney’s
name or next-of-kin]..
9. [Insert the proposed guardian’s name] is hereby directed to advise the Surrogate of
[insert county] County within ten (10) days of any changes in the address or telephone number
of himself or herself or the incapacitated person or within thirty (30) days of the incapacitated
person’s death or of any major change in status or health.
10. [Insert the proposed guardian’s name] shall cooperate fully with any Court staff or
volunteers until the guardianship is terminated by the death or return to competency of [insert
the incapacitated person’s name] or the Guardian’s death, removal or discharge.
11. [Insert the plaintiff attorney’s name], attorney for plaintiff, shall serve a copy of this
Judgment upon all interested parties and attorneys of record within seven (7) days from the
receipt hereof.
12. [Insert the proposed guardian of the estate’s name] shall file with the Court within 90
days, an inventory of all of the incapacitated person’s property and income. Within said
period a copy of the inventory shall be served on all next-of-kin and parties in interest.
13. [Insert the court appointed attorney’s name], court appointed attorney for [insert the
incapacitated person’s name], having reported to the court and advocated on behalf of the
incapacitated person, be and hereby is discharged from any further obligation to act as
attorney for [insert the incapacitated person’s name].
[USE IF APPLICABLE]
14. It appearing that the plaintiff and the attorney appointed to represent the alleged
incapacitated person have inquired about powers-of-attorney, health care directives and trusts
for the benefit of the incapacitated person that were executed by the incapacitated person and
proof of service having been made on the attorneys-in-fact, representative or trustee
designated in such document or documents, and good cause shown appearing that the
Revised 03/2005, CN 10510-English page 3 of 5
authority therein contained should be revoked [alternate language: modified]
It is ORDERED and ADJUDGED that the power and authority conferred by [insert an
appropriate description, such as, a power of attorney executed on (date) designating [insert the agent’s name] as
attorney-in-fact, health care representative or trustee] be and hereby is revoked [alternate language: modified
as follows (insert narrative of modification)].
[USE IF APPLICABLE]
Nothing herein shall affect or limit the [insert an appropriate description of any power of attorney, health
care directive or revocable trust that will not be revoked or modified, notwithstanding the principal’s incapacity and the
report by the attorney for the alleged incapacitated person].
[USE IF APPLICABLE]It further appearing that [insert the name] [insert appropriate
description, such as, attorney-in-fact or trustee] under a [insert date executed] [insert appropriate description,
such as, power of attorney or revocable trust] has power and control over the incapacitated person’s
real and personal property and doubt or concern, whether the [insert attorney in fact or trustee]
is acting within the powers delegated or is acting solely for the benefit of the
incapacitated person, having been raised.
It is hereby ORDERED and ADJUDGED that [insert name] [insert appropriate description, such
as, attorney-in-fact or trustee] under the herein revoked [alternate modified] [insert appropriate description,
such as, power of attorney or revocable trust] shall within sixty (60) days serve upon the guardian of
the incapacitated person’s estate an accounting that reports all corpus and income receipts
and disbursements under the said [insert appropriate description, such as, power of attorney or revocable
trust].
[USE IF APPLICABLE]
15. It appearing that the best interest of the incapacitated persons requires that the
attorney appointed for the incapacitated person should review and report on the [initial]
ability of the Guardian to perform and fulfill the duties required. [Insert the court appointed
attorney’s name], be and hereby is directed to continue to act on behalf of the court and [insert the
incapacitated person’s name] for a period of [insert the number of months, years or until the ward dies or is
returned to competency that the court determines is appropriate]. During said continuing period [insert the
court appointed attorney’s name] must review all reports, accountings and [here insert any special
functions, i.e., confirm the placement of the incapacitated person in a nursing home, confirm marshalling of assets,
Revised 03/2005, CN 10510-English page 4 of 5
confirm that the Guardian has created estate books and records et cetera] and shall communicate to the court
through the surrogate’s office any matters or issues that he or she perceives are necessary to
be identified and raised for the best interest of [insert the incapacitated person’s name]. While acting
pursuant to the terms of this order, [insert the court appointed attorney’s name] shall be vested with
such immunities or other defenses that an agent of the court is entitled to claim.
16. [Here insert any additional powers, limitations or conditions deemed necessary to protect the
incapacitated person and his/her estate.]
______________________________________
J.S.C
Revised 03/2005, CN 10510-English page 5 of 5
Saturday, August 8, 2009
ABA American Bar Association GP|Solo Elder Law Committee Newsletter • Summer 2009
ABA American Bar Association GP|Solo Elder Law Committee Newsletter • Summer 2009
Chairs:
Kenneth Vercammen (Edison, NJ)
Jay Foonberg (Beverly Hills, CA)
In this issue:
1. Wrapping Up the Personal Injury Settlement
2. When Do I Need a Self-Settled Special Needs Trust?
3. Elder Law, Estate Planning & Probate Seminar- New Ideas to Expand & Excel Your Practice
4. Voting- House of Delegates ABA
5. Pooled Trusts – Statutory Requirements
1. Wrapping Up the Personal Injury Settlement + Future Medical Insurance Issues
By Thomas D. Begley, Jr., Esquire
Once a personal injury settlement has been achieved or a judgment obtained, the plaintiff begins a new life. There are many considerations that should be addressed prior to or at the time of settlement. These include the following:
Medical Insurance
Does the client have the best medical insurance available? The fact that a client receives Medicare, for example, does not mean that coverage is adequate. According to government studies, Medicare pays only about 50% of a Medicare beneficiary’s actual medical bills. In cases involving a catastrophically injured plaintiff requiring considerable home health assistance, that percentage is sharply lower.
Medicare Supplements, Medicare Advantage Programs, Medicaid, private insurance from high risk pools, COBRA coverage, and continuing Worker’s Comp coverage should all be considered.
Medicaid Waiver Programs
Most medical insurance including Medicare and private insurance are designed to pay for acute care. They do not provide coverage for chronic care. There are many Medicaid Waiver Programs that are designed for chronic care including significant home and community-based services that may be required by personal injury victims.
Non-Medical Public Benefits
In many cases, injured plaintiffs are entitled to SSI, SSDI, Section 8 Housing, Group Homes and other public benefits, but have not considered them or applied for them.
Estate Taxes
Where there is a significant recovery, federal and state estate and inheritance taxes should be considered. Currently the exemption from federal estate tax is $3.5 million. It is likely that before the end of calendar year 2009 Congress will revisit the federal estate tax. Many states, such as New Jersey, have state estate taxes. Currently the exemption from New Jersey estate tax is $675,000, and that exemption is not likely to increase. Other states, such as Pennsylvania, do not have a state estate tax, but do have significant inheritance taxes. In Pennsylvania these taxes can be as high as 15%.
In many cases, even with severely injured persons, life insurance is available to pay all or part of the tax. The availability of this insurance should be explored and discussed with the client.
Estate Planning Documents
Many injured parties have no Will, Living Trust, Living Will, Power of Attorney or other estate planning documents. Some of those plaintiffs do have documents but are outdated, perhaps even because of the personal injury settlement. These documents should be reviewed and modified or replaced, if needed.
Estate Planning Documents – Parents
If the plaintiff is a minor child who is likely to be receiving public benefits, it is important that the parents’ estate planning documents not leave any assets to the child with disabilities, but rather to a third party special needs trust.
Structured Settlement
It is often advantageous to purchase a structured settlement for a portion of the settlement or award. A structured settlement offers a number of advantages to the injured party including creditor protection, tax benefits and often makes it more difficult for the injured party to squander the settlement.
There are also disadvantages to structured settlements. If a structured settlement is to be used, an analysis should be made as to how much should be structured and how much should be retained as a lump sum to pay for immediate cash needs, repayment of debt, emergency funds, and cash for investment in the appropriate equity portion of the injured party’s portfolio. COLAs and commutation riders should be considered.
Investment Advice
The client should be introduced to an investment advisor to assist in investing the settlement proceeds. In some instances, the investment manager can be a professional trustee, if a trust is appropriate.
Special Needs Trust
An analysis should be made as to whether a special needs trust is required. In many instances, such a trust is not necessary. If a special needs trust is required, will it need to be established by a court order? It is important to understand that, except in the case of a pooled trust, a special needs trust cannot be established by the disabled person. The long-term success of a special needs trust often depends on the skill and experience of the trustee. Care should be taken in the selection of an appropriate trustee.
Support Trust
Is a support trust appropriate for a minor or incapacitated beneficiary? The support trust usually results in better money management of the settlement. In the case of a minor, the support trust can be designed to retain the award past age 18. Absent a support trust, a minor can usually access the settlement funds at age 18 when most individuals do not have sufficient maturity to handle significant financial assets.
Medicare Set-Aside Arrangement
An analysis should be made as to whether or not a Medicare Set-Aside Arrangement (MSA) is required. If an MSA is required, a further analysis needs to be made as to whether the MSA can be self-administered, a custodial arrangement, a special needs trust or a pooled trust. Arrangements must be made for an MSA calculation and submission of the calculation to CMS for approval.
Mediation
An elder and disability lawyer is often useful as a participant in mediation. The lawyer is familiar with public benefits, which often are useful in bridging the gap between the plaintiff’s demand and the defendant’s offer.
Qualified Settlement Fund
In many cases, a Qualified Settlement Fund (QSF) is useful. The defendant can “pay and go.” The plaintiff has time to sort out issues such as allocation between the parties, resolution of Medicare, Medicaid, ERISA and other liens, purchase of structured settlements, and other issues that may take time. The defendant gets an immediate tax deduction upon funding the QSF.
Lien Reduction
An elder and disability lawyer can be of assistance in reducing Medicaid and Medicare liens.
Copyright 2009 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania.
Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law & Estate Administration and co-author with Kenneth Vercammen, Martin Spigner and Kathleen Sheridan of the 500 plus page book on Elder Law.
Begley & Bookbinder, provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
2. When Do I Need a Self-Settled Special Needs Trust?
By Thomas D. Begley, Jr., Esquire
In the settlement of litigation, the plaintiff is often receiving public benefits. The question then arises as to whether a special needs trust is required. There are certain types of public benefits that are means-tested. Others are not. Generally, means-tested public benefits require that the individual have assets of less than $2,000 and have certain limits on income. The following types of public benefits are means-tested and a special needs trust is generally required:
SSI
Medicaid
TBI – A Medicaid Waiver Program for persons suffering from traumatic brain injury
CRPD – A Medicaid Waiver Program providing home care
Section 8 Housing
Veterans Pension
Certain DDD Benefits
Psychiatric Institutionalization
Means-Tested Public Benefits
If the plaintiff is receiving any means-tested benefits or is likely to apply for them, then a self-settled special needs trust should be considered. Assets in the trust are not counted for public benefit eligibility purposes. Distributions from the trust can be made in such a way as not to count for income eligibility for public benefit purposes.
Age
To be eligible for a special needs trust, the plaintiff must be under age 65. If the plaintiff is over age 65, there are Medicaid planning strategies that can be employed, but a self-settled special needs trust will not be a viable option.
Disabled
To be eligible for a self-settled special needs trust, the person must be “disabled.” To be considered disabled, the person must generally have a disability determination by the Social Security Administration (SSA). It is possible, however, to receive a disability determination from a Medicaid physician. If a person has not yet received a disability determination from SSA, the trust can be established pending the disability determination. Good practice is to obtain an opinion letter from a law firm that specializes in Social Security Disability appeals.
Assets of Individual
No assets other than the assets of the disabled plaintiff may be placed in the trust.
Copyright 2009 by Begley & Bookbinder, P.C
3. Elder Law, Estate Planning & Probate- New Ideas to Expand & Excel your Practice
Sat. August 1, 2009 2:00pm – 3:30pm
ABA Annual Meeting Chicago
Speakers: Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Deborah Cole, Chicago Contributing Author, Your Life, Your Legacy: The Fundamentals of Effective Estate Planning, Publisher's ExpressPress
Elder Law program Primary Sponsors: General Practice Section
Co-sponsors: ABA Commission on Law & Aging, Health Law Section,
YLD, Senior Lawyers Division, Real Probate & Trust Section, Tax Law Section
Topics:
Forms you can use
Email newsletters
"Representing seniors- Doing well by doing good.-Do you know how?
Marketing with written fee agreements
-Ethics and marketing without violating the Rules of Professional Conduct
Elder Law may be the biggest practice area of your career. There are 50,000 baby boomers/ day turning 60 and soon to be on Social Security and will need legal advise. Elder Law is one of the biggest growth fields.
[Contact Kenneth Vercammen, Esq. for program information 732-572-0500]
Contact American Bar Association's CDS/Travel Planners at 800-915-9801 for ABA meeting registration
4. Voting – House of Delegates ABA
The Election will be held at the ABA Annual Meeting in Chicago. All ABA lawyer members who have registered at the Annual Meeting are entitled to vote for Delegates- at-Large. Voting will be at ABA Registration July 30- August 3: (voting across from registration area)
Hyatt Regency Chicago
Riverside Center, Purple Level, East Tower
8am-6pm Thursday, Friday and Saturday
8am-5pm Sunday, Monday, Tuesday
Six Delegates–at–Large are elected at each Annual Meeting to serve a three-year term in the House of Delegates. Any member of the Association is eligible to be a Delegates–at–Large, although of the six elected each year; no two may be accredited to the same state, territory or possession. Nominations for Delegates at Large are made by written petition. At this Annual Meeting, there will also be two Delegates–at–Large elected to fill vacancies. All ABA lawyer members who have registered at the Annual Meeting are entitled to vote for Delegates–at–Large.
Voting will take place in the registration area of the Hyatt Regency. The polls will be open during the same hours as registration, except on the last day the polls will close at 10:00 a.m.
Contact American Bar Association's CDS/Travel Planners at 800-915-9801 for ABA meeting registration.
5. Pooled Trusts – Statutory Requirements
By Thomas D. Begley, Jr., Esquire
A self-settled pooled trust is defined as a trust containing the assets of an individual who is disabled that meets the six conditions discussed in the following sections.
Non-Profit Association
The trust is established and managed by a non-profit association. A non-profit organization is an organization defined in § 501c of the Internal Revenue Code (IRC) and also has tax-exempt status under § 501(a).
Separate Account
Separate accounts must be maintained for each beneficiary of the trust. For purposes of investment and management of funds, the trust may pool the funds in the individual accounts. The trust must be able to provide an individual accounting for the individual. Each individual sub account gets its own EIN number. Each self-settled sub account is taxed to the beneficiary as a grantor trust.
Solely for the Benefit Of
The trust account must be maintained for the sole benefit of the individual with disabilities. The trust account must be established for the sole benefit of the disabled individual. If the account provides a benefit to any other individual, this exception to the trust transfer rules does not apply.
Established By
The trust may be established by a parent, grandparent, or legal guardian of such individual, or by such individual, or by a court. The fact that the individual may establish the trust himself is different from a self-settled special needs trust under (d)(4)(A). If a third party establishes a trust account on behalf of the individual, the third party must have legal authority to act with regard to the assets of the individual. This requirement refers to the individual who physically took action to establish the trust, even though the trust was established with assets of the SSI claimant/recipient. Since the pooled trust has already been established, this provision applies to the sub account within the pooled trust.
A Pooled Trust can also be established by a Representative Payee. The POMS permit the transfer of disability benefits to establish a trust or to fund an existing trust. However, there is an exception for past due benefits, which meet dedicated account requirements. These past due benefits must be held in a savings account or checking account, or a money market account established in a financial institution. Representative Payee may pay a beneficiary’s disability payments to the trust, provided that:
Establishing the trust is in the beneficiary’s best interest.
The trust is established exclusively for the use and benefit of the beneficiary, to meet the beneficiary’s current and reasonably foreseeable needs. Trust expenditures for food, clothing, housing, medical care, recreation, and education are considered expenditures for the use and benefit of the beneficiary and in his or her best interest. A trust with provisions prohibiting trust funds to be used specifically to meet the beneficiary’s current needs for food, clothing, housing, and medical care would not be in compliance.
The trust is for the sole benefit of the disabled person during his or her lifetime.
A provision in a trust directing disability payments to the trust is prohibited as a violation of the assignment of benefits provisions of the Social Security Act.
Payback
To qualify for the pooled trust exception, the trust must contain specific language that provides that, to the extent that amounts remaining in the individual’s account upon death of the individual are not retained by the trust, the trust pays to the state from such remaining amounts in the account an amount equal to the total amount of medical assistance paid on behalf of the individual under the state Medicaid plan. There is no payback required by a third-party pooled trust.
To the extent that the self-settled trust does not retain funds in the account, the state must be listed as a first payee and have priority over payment of other debts and administrative expenses, except as listed below.
The following are allowable administrative expenses:
Death taxes due to federal and state governments
Reasonable fees for the administration of the trust estate
The following expenses are prohibited:
Payments of debts owed to third parties
Funeral expenses
Payment to residual beneficiaries
The restriction on payments from the trust applies upon the death of the beneficiary. Payment of fees and administrative expenses during the life of the beneficiary are allowable as permitted by the trust document and are not affected by the state Medicaid reimbursement requirement.
Copyright – Tom Begley Jr.
We Publish Your Forms & Articles
To help your practice, we feature in this newsletter edition a few forms and articles PLUS tips on marketing and improving service to clients. But your Editor and Chairs can't do it all. Please mail articles, suggestions or ideas you wish to share with others in our Committee. Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
Send Us Your Marketing Tips
We are increasing the frequency of our newsletter. Send us your short tips on your great or new successful marketing techniques. You can become a published ABA author. Enjoy your many ABA benefits.
Send Us Your Articles & Ideas
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and Chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
General Practice, Solo and Small Firm Division:
Elder Law Committee and the ESTATE PLANNING, PROBATE & TRUST COMMITTEE
Who We Are
The Elder Law Committee of the ABA General Practice Division is directed towards general practitioners and more experienced elder law attorneys. The committee consistently sponsors programs at the Annual Meeting, the focus of which is shifting to advanced topics for the more experienced elder lawyer.
This committee also focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations.
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
We also seek articles on Elder Law, Probate, Wills, Medicaid and Marketing. Please send your marketing ideas and articles to us. You can become a published ABA author.
Jay Foonberg, Co-Chair, Author of Best Sellers "How to Start and Build a Law Practice" and "How To Get and Keep Good Clients", Beverly Hills, CA JayFoonberg@aol.com
We will also provide tips on how to promote your law office, your practice and Personal Marketing Skills in general. It does not deal with government funded "legal services" for indigent, welfare cases.
Kenneth Vercammen, Esq. Chair
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Kenv@njlaws.com
Central Jersey Elder Law Law www.centraljerseyelderlaw.com
NJ Elder Blog http://elder-law.blogspot.com/
Chairs:
Kenneth Vercammen (Edison, NJ)
Jay Foonberg (Beverly Hills, CA)
In this issue:
1. Wrapping Up the Personal Injury Settlement
2. When Do I Need a Self-Settled Special Needs Trust?
3. Elder Law, Estate Planning & Probate Seminar- New Ideas to Expand & Excel Your Practice
4. Voting- House of Delegates ABA
5. Pooled Trusts – Statutory Requirements
1. Wrapping Up the Personal Injury Settlement + Future Medical Insurance Issues
By Thomas D. Begley, Jr., Esquire
Once a personal injury settlement has been achieved or a judgment obtained, the plaintiff begins a new life. There are many considerations that should be addressed prior to or at the time of settlement. These include the following:
Medical Insurance
Does the client have the best medical insurance available? The fact that a client receives Medicare, for example, does not mean that coverage is adequate. According to government studies, Medicare pays only about 50% of a Medicare beneficiary’s actual medical bills. In cases involving a catastrophically injured plaintiff requiring considerable home health assistance, that percentage is sharply lower.
Medicare Supplements, Medicare Advantage Programs, Medicaid, private insurance from high risk pools, COBRA coverage, and continuing Worker’s Comp coverage should all be considered.
Medicaid Waiver Programs
Most medical insurance including Medicare and private insurance are designed to pay for acute care. They do not provide coverage for chronic care. There are many Medicaid Waiver Programs that are designed for chronic care including significant home and community-based services that may be required by personal injury victims.
Non-Medical Public Benefits
In many cases, injured plaintiffs are entitled to SSI, SSDI, Section 8 Housing, Group Homes and other public benefits, but have not considered them or applied for them.
Estate Taxes
Where there is a significant recovery, federal and state estate and inheritance taxes should be considered. Currently the exemption from federal estate tax is $3.5 million. It is likely that before the end of calendar year 2009 Congress will revisit the federal estate tax. Many states, such as New Jersey, have state estate taxes. Currently the exemption from New Jersey estate tax is $675,000, and that exemption is not likely to increase. Other states, such as Pennsylvania, do not have a state estate tax, but do have significant inheritance taxes. In Pennsylvania these taxes can be as high as 15%.
In many cases, even with severely injured persons, life insurance is available to pay all or part of the tax. The availability of this insurance should be explored and discussed with the client.
Estate Planning Documents
Many injured parties have no Will, Living Trust, Living Will, Power of Attorney or other estate planning documents. Some of those plaintiffs do have documents but are outdated, perhaps even because of the personal injury settlement. These documents should be reviewed and modified or replaced, if needed.
Estate Planning Documents – Parents
If the plaintiff is a minor child who is likely to be receiving public benefits, it is important that the parents’ estate planning documents not leave any assets to the child with disabilities, but rather to a third party special needs trust.
Structured Settlement
It is often advantageous to purchase a structured settlement for a portion of the settlement or award. A structured settlement offers a number of advantages to the injured party including creditor protection, tax benefits and often makes it more difficult for the injured party to squander the settlement.
There are also disadvantages to structured settlements. If a structured settlement is to be used, an analysis should be made as to how much should be structured and how much should be retained as a lump sum to pay for immediate cash needs, repayment of debt, emergency funds, and cash for investment in the appropriate equity portion of the injured party’s portfolio. COLAs and commutation riders should be considered.
Investment Advice
The client should be introduced to an investment advisor to assist in investing the settlement proceeds. In some instances, the investment manager can be a professional trustee, if a trust is appropriate.
Special Needs Trust
An analysis should be made as to whether a special needs trust is required. In many instances, such a trust is not necessary. If a special needs trust is required, will it need to be established by a court order? It is important to understand that, except in the case of a pooled trust, a special needs trust cannot be established by the disabled person. The long-term success of a special needs trust often depends on the skill and experience of the trustee. Care should be taken in the selection of an appropriate trustee.
Support Trust
Is a support trust appropriate for a minor or incapacitated beneficiary? The support trust usually results in better money management of the settlement. In the case of a minor, the support trust can be designed to retain the award past age 18. Absent a support trust, a minor can usually access the settlement funds at age 18 when most individuals do not have sufficient maturity to handle significant financial assets.
Medicare Set-Aside Arrangement
An analysis should be made as to whether or not a Medicare Set-Aside Arrangement (MSA) is required. If an MSA is required, a further analysis needs to be made as to whether the MSA can be self-administered, a custodial arrangement, a special needs trust or a pooled trust. Arrangements must be made for an MSA calculation and submission of the calculation to CMS for approval.
Mediation
An elder and disability lawyer is often useful as a participant in mediation. The lawyer is familiar with public benefits, which often are useful in bridging the gap between the plaintiff’s demand and the defendant’s offer.
Qualified Settlement Fund
In many cases, a Qualified Settlement Fund (QSF) is useful. The defendant can “pay and go.” The plaintiff has time to sort out issues such as allocation between the parties, resolution of Medicare, Medicaid, ERISA and other liens, purchase of structured settlements, and other issues that may take time. The defendant gets an immediate tax deduction upon funding the QSF.
Lien Reduction
An elder and disability lawyer can be of assistance in reducing Medicaid and Medicare liens.
Copyright 2009 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania.
Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law & Estate Administration and co-author with Kenneth Vercammen, Martin Spigner and Kathleen Sheridan of the 500 plus page book on Elder Law.
Begley & Bookbinder, provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
2. When Do I Need a Self-Settled Special Needs Trust?
By Thomas D. Begley, Jr., Esquire
In the settlement of litigation, the plaintiff is often receiving public benefits. The question then arises as to whether a special needs trust is required. There are certain types of public benefits that are means-tested. Others are not. Generally, means-tested public benefits require that the individual have assets of less than $2,000 and have certain limits on income. The following types of public benefits are means-tested and a special needs trust is generally required:
SSI
Medicaid
TBI – A Medicaid Waiver Program for persons suffering from traumatic brain injury
CRPD – A Medicaid Waiver Program providing home care
Section 8 Housing
Veterans Pension
Certain DDD Benefits
Psychiatric Institutionalization
Means-Tested Public Benefits
If the plaintiff is receiving any means-tested benefits or is likely to apply for them, then a self-settled special needs trust should be considered. Assets in the trust are not counted for public benefit eligibility purposes. Distributions from the trust can be made in such a way as not to count for income eligibility for public benefit purposes.
Age
To be eligible for a special needs trust, the plaintiff must be under age 65. If the plaintiff is over age 65, there are Medicaid planning strategies that can be employed, but a self-settled special needs trust will not be a viable option.
Disabled
To be eligible for a self-settled special needs trust, the person must be “disabled.” To be considered disabled, the person must generally have a disability determination by the Social Security Administration (SSA). It is possible, however, to receive a disability determination from a Medicaid physician. If a person has not yet received a disability determination from SSA, the trust can be established pending the disability determination. Good practice is to obtain an opinion letter from a law firm that specializes in Social Security Disability appeals.
Assets of Individual
No assets other than the assets of the disabled plaintiff may be placed in the trust.
Copyright 2009 by Begley & Bookbinder, P.C
3. Elder Law, Estate Planning & Probate- New Ideas to Expand & Excel your Practice
Sat. August 1, 2009 2:00pm – 3:30pm
ABA Annual Meeting Chicago
Speakers: Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Deborah Cole, Chicago Contributing Author, Your Life, Your Legacy: The Fundamentals of Effective Estate Planning, Publisher's ExpressPress
Elder Law program Primary Sponsors: General Practice Section
Co-sponsors: ABA Commission on Law & Aging, Health Law Section,
YLD, Senior Lawyers Division, Real Probate & Trust Section, Tax Law Section
Topics:
Forms you can use
Email newsletters
"Representing seniors- Doing well by doing good.-Do you know how?
Marketing with written fee agreements
-Ethics and marketing without violating the Rules of Professional Conduct
Elder Law may be the biggest practice area of your career. There are 50,000 baby boomers/ day turning 60 and soon to be on Social Security and will need legal advise. Elder Law is one of the biggest growth fields.
[Contact Kenneth Vercammen, Esq. for program information 732-572-0500]
Contact American Bar Association's CDS/Travel Planners at 800-915-9801 for ABA meeting registration
4. Voting – House of Delegates ABA
The Election will be held at the ABA Annual Meeting in Chicago. All ABA lawyer members who have registered at the Annual Meeting are entitled to vote for Delegates- at-Large. Voting will be at ABA Registration July 30- August 3: (voting across from registration area)
Hyatt Regency Chicago
Riverside Center, Purple Level, East Tower
8am-6pm Thursday, Friday and Saturday
8am-5pm Sunday, Monday, Tuesday
Six Delegates–at–Large are elected at each Annual Meeting to serve a three-year term in the House of Delegates. Any member of the Association is eligible to be a Delegates–at–Large, although of the six elected each year; no two may be accredited to the same state, territory or possession. Nominations for Delegates at Large are made by written petition. At this Annual Meeting, there will also be two Delegates–at–Large elected to fill vacancies. All ABA lawyer members who have registered at the Annual Meeting are entitled to vote for Delegates–at–Large.
Voting will take place in the registration area of the Hyatt Regency. The polls will be open during the same hours as registration, except on the last day the polls will close at 10:00 a.m.
Contact American Bar Association's CDS/Travel Planners at 800-915-9801 for ABA meeting registration.
5. Pooled Trusts – Statutory Requirements
By Thomas D. Begley, Jr., Esquire
A self-settled pooled trust is defined as a trust containing the assets of an individual who is disabled that meets the six conditions discussed in the following sections.
Non-Profit Association
The trust is established and managed by a non-profit association. A non-profit organization is an organization defined in § 501c of the Internal Revenue Code (IRC) and also has tax-exempt status under § 501(a).
Separate Account
Separate accounts must be maintained for each beneficiary of the trust. For purposes of investment and management of funds, the trust may pool the funds in the individual accounts. The trust must be able to provide an individual accounting for the individual. Each individual sub account gets its own EIN number. Each self-settled sub account is taxed to the beneficiary as a grantor trust.
Solely for the Benefit Of
The trust account must be maintained for the sole benefit of the individual with disabilities. The trust account must be established for the sole benefit of the disabled individual. If the account provides a benefit to any other individual, this exception to the trust transfer rules does not apply.
Established By
The trust may be established by a parent, grandparent, or legal guardian of such individual, or by such individual, or by a court. The fact that the individual may establish the trust himself is different from a self-settled special needs trust under (d)(4)(A). If a third party establishes a trust account on behalf of the individual, the third party must have legal authority to act with regard to the assets of the individual. This requirement refers to the individual who physically took action to establish the trust, even though the trust was established with assets of the SSI claimant/recipient. Since the pooled trust has already been established, this provision applies to the sub account within the pooled trust.
A Pooled Trust can also be established by a Representative Payee. The POMS permit the transfer of disability benefits to establish a trust or to fund an existing trust. However, there is an exception for past due benefits, which meet dedicated account requirements. These past due benefits must be held in a savings account or checking account, or a money market account established in a financial institution. Representative Payee may pay a beneficiary’s disability payments to the trust, provided that:
Establishing the trust is in the beneficiary’s best interest.
The trust is established exclusively for the use and benefit of the beneficiary, to meet the beneficiary’s current and reasonably foreseeable needs. Trust expenditures for food, clothing, housing, medical care, recreation, and education are considered expenditures for the use and benefit of the beneficiary and in his or her best interest. A trust with provisions prohibiting trust funds to be used specifically to meet the beneficiary’s current needs for food, clothing, housing, and medical care would not be in compliance.
The trust is for the sole benefit of the disabled person during his or her lifetime.
A provision in a trust directing disability payments to the trust is prohibited as a violation of the assignment of benefits provisions of the Social Security Act.
Payback
To qualify for the pooled trust exception, the trust must contain specific language that provides that, to the extent that amounts remaining in the individual’s account upon death of the individual are not retained by the trust, the trust pays to the state from such remaining amounts in the account an amount equal to the total amount of medical assistance paid on behalf of the individual under the state Medicaid plan. There is no payback required by a third-party pooled trust.
To the extent that the self-settled trust does not retain funds in the account, the state must be listed as a first payee and have priority over payment of other debts and administrative expenses, except as listed below.
The following are allowable administrative expenses:
Death taxes due to federal and state governments
Reasonable fees for the administration of the trust estate
The following expenses are prohibited:
Payments of debts owed to third parties
Funeral expenses
Payment to residual beneficiaries
The restriction on payments from the trust applies upon the death of the beneficiary. Payment of fees and administrative expenses during the life of the beneficiary are allowable as permitted by the trust document and are not affected by the state Medicaid reimbursement requirement.
Copyright – Tom Begley Jr.
We Publish Your Forms & Articles
To help your practice, we feature in this newsletter edition a few forms and articles PLUS tips on marketing and improving service to clients. But your Editor and Chairs can't do it all. Please mail articles, suggestions or ideas you wish to share with others in our Committee. Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
Send Us Your Marketing Tips
We are increasing the frequency of our newsletter. Send us your short tips on your great or new successful marketing techniques. You can become a published ABA author. Enjoy your many ABA benefits.
Send Us Your Articles & Ideas
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and Chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
General Practice, Solo and Small Firm Division:
Elder Law Committee and the ESTATE PLANNING, PROBATE & TRUST COMMITTEE
Who We Are
The Elder Law Committee of the ABA General Practice Division is directed towards general practitioners and more experienced elder law attorneys. The committee consistently sponsors programs at the Annual Meeting, the focus of which is shifting to advanced topics for the more experienced elder lawyer.
This committee also focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations.
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
We also seek articles on Elder Law, Probate, Wills, Medicaid and Marketing. Please send your marketing ideas and articles to us. You can become a published ABA author.
Jay Foonberg, Co-Chair, Author of Best Sellers "How to Start and Build a Law Practice" and "How To Get and Keep Good Clients", Beverly Hills, CA JayFoonberg@aol.com
We will also provide tips on how to promote your law office, your practice and Personal Marketing Skills in general. It does not deal with government funded "legal services" for indigent, welfare cases.
Kenneth Vercammen, Esq. Chair
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Kenv@njlaws.com
Central Jersey Elder Law Law www.centraljerseyelderlaw.com
NJ Elder Blog http://elder-law.blogspot.com/
Elder Law, Estate Planning & Probate articles available from ABA Seminar
Elder Law, Estate Planning & Probate articles available from ABA Seminar
The ABA General Practice Division held its popular program Elder Law, Estate Planning & Probate- New ideas to expand & excel your practice at the American Bar Association Annual Meeting in Chicago on August 1, 2009.
Speakers: Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Deborah Cole, Chicago, Il
Articles and forms were provided on CD. Below is a list of articles provided. If you want a few of the forms, send an email to kenvnjlaws@verizon.net and indicate which articles/ forms you want and the number of the article or form [max 5]
List of Kenneth Vercammen, Esq. Forms, Documents and Articles on CD
Elder Law, Estate Planning & Probate- New ideas to expand & excel your practice
Sat. August 1, 2009 2:00pm -3:30pm
Hyatt Regency Hotel, Chicago ABA Annual Meeting
1 New Client schedule appointment
2 Confidential Will Questionnaire
3 Will bill
4 WILL DRAFT CO
5. Doctor Cert sign POA, will Dr
6 Thank you for Referral
7 POA DRAFT lt
8 Will Signing Instruction
9 Referral Out Another Atty fax
10 No rep
11 Recommend Will to Client
12 Post WILL
13 Client questionnaire end case.
14 POA Grantor Now
15 Wills article
16 POA Power of Attorney- article
17 LIVING WILLS
18 Gay and Lesbians- Advance Directives
19 Letter of Instruction
20 Remove Executor
21 Alzheimer, POA Guardianship
22 ANSWERS to Questions Probate
23 Estate Planning 10 Ideas
24 Executor Duties
25 Prenuptial Ag
26 Undue Influence article
27 Attorney- Client Confidentiality
28 Pick up Docs
29 Executor to Pay and Notify Creditor
30 NJlaws website & articles
31 Trusts
32 Caveat to Will
33 Central Jersey Elder articles
34 ABA Estate Plan Winter 2008
35 Estate Plan ABA Nov 2007
36 ABA ELDER News Aug 2007 GP
37ABA ELDER LAW COMMITTEE Newsletter July 2007 ABA General Practice
38 Estate Probate ABA news May. 2007
39 Elder Law ABA news February, 2007
40 INTESTACY
41 If no Will
42 Probate Release Refund Bond
43 Lincoln 17- no charge
44 Guardianship bill
45 RETAINER Probate ESTATE
46 WILL - sign front notary
47Confidentiality Lt to Client
48 Elective Share of Spouse
49 Joint Bank Accounts Upon Death
50 ABA ELDER News Spring2008
51 ABA Elder Law Newsletter • April 2008
52 ABA GP Solo ELDER LAW COMMITTEE Newsletter July , 2008
53 ABA ELDER News Fall 2008
54 ABA ELDER News Winter 2009
55 ABA ELDER News Spring 2009
___ We need your email address for newsletter
The ABA General Practice Division held its popular program Elder Law, Estate Planning & Probate- New ideas to expand & excel your practice at the American Bar Association Annual Meeting in Chicago on August 1, 2009.
Speakers: Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Deborah Cole, Chicago, Il
Articles and forms were provided on CD. Below is a list of articles provided. If you want a few of the forms, send an email to kenvnjlaws@verizon.net and indicate which articles/ forms you want and the number of the article or form [max 5]
List of Kenneth Vercammen, Esq. Forms, Documents and Articles on CD
Elder Law, Estate Planning & Probate- New ideas to expand & excel your practice
Sat. August 1, 2009 2:00pm -3:30pm
Hyatt Regency Hotel, Chicago ABA Annual Meeting
1 New Client schedule appointment
2 Confidential Will Questionnaire
3 Will bill
4 WILL DRAFT CO
5. Doctor Cert sign POA, will Dr
6 Thank you for Referral
7 POA DRAFT lt
8 Will Signing Instruction
9 Referral Out Another Atty fax
10 No rep
11 Recommend Will to Client
12 Post WILL
13 Client questionnaire end case.
14 POA Grantor Now
15 Wills article
16 POA Power of Attorney- article
17 LIVING WILLS
18 Gay and Lesbians- Advance Directives
19 Letter of Instruction
20 Remove Executor
21 Alzheimer, POA Guardianship
22 ANSWERS to Questions Probate
23 Estate Planning 10 Ideas
24 Executor Duties
25 Prenuptial Ag
26 Undue Influence article
27 Attorney- Client Confidentiality
28 Pick up Docs
29 Executor to Pay and Notify Creditor
30 NJlaws website & articles
31 Trusts
32 Caveat to Will
33 Central Jersey Elder articles
34 ABA Estate Plan Winter 2008
35 Estate Plan ABA Nov 2007
36 ABA ELDER News Aug 2007 GP
37ABA ELDER LAW COMMITTEE Newsletter July 2007 ABA General Practice
38 Estate Probate ABA news May. 2007
39 Elder Law ABA news February, 2007
40 INTESTACY
41 If no Will
42 Probate Release Refund Bond
43 Lincoln 17- no charge
44 Guardianship bill
45 RETAINER Probate ESTATE
46 WILL - sign front notary
47Confidentiality Lt to Client
48 Elective Share of Spouse
49 Joint Bank Accounts Upon Death
50 ABA ELDER News Spring2008
51 ABA Elder Law Newsletter • April 2008
52 ABA GP Solo ELDER LAW COMMITTEE Newsletter July , 2008
53 ABA ELDER News Fall 2008
54 ABA ELDER News Winter 2009
55 ABA ELDER News Spring 2009
___ We need your email address for newsletter
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