Hon. Arnold L Natali Jr.'s Motion List for October 13 ... · motion to void and strike invalid assignment of mortgage granted nationstar mortgagev reddish f 988 17 motion for summary

Hon. Arnold L Natali Jr.'s Motion List for October 13, 2017

CAPTION DK DK# YR MTN# MOTION TYPE OUTCOME NOTES

8K MILES MEDIA GROUP, INC. VS EBCMUSIC C 42 17 MOTION TO DISMISS ADJOURNED 10/27

BADOlATO V PACHECO L 4035 16 MOTION ENTERING DEFAULT JUDGMENT PARTIAL

BENTLEY lAB V ALLIANCE L 4106 17 MOTION TO DISMISS PARTIAL

BlAZAS V NJ DIV OF PENSIONS & BENEFITS C 34 17 MOTION TO DISMISS SITTLED

DIRECT COAST TO COASTV MALLOY L 5688 17 MOTION TO STRIKE ANSWER DENIED

FABRYKANT VS ARGUSFAB INT. C 14 17 LEAVE TO FILE SECOND AMENDED COMPlAINT ADJOURNED 10/27

MOTION PART!ALSUMMARY JUDGMENT ADJOURNED 10/27

HARTH MARY VS DEJOHN JOANN C 142 15 VACATE ORDER PARTIAL

IMO APPLICATION OF SAYREVILLE L 4010 15 MOTION TO VACATE ORDER AND PERMIT INTERVENTION DENIED

INTHE MATTER OF APPLICATION OF VIRGINIA PERRY L 5357 17 MOTION TO REPLACE DOCUMENT WITH CONFIDENTIAL IDENTIFIER GRANTED

IN THE MATTER OF CARON WILLIAMS L 2828 17 MOTION TO EXTEND TIME TO FILE CERTIFIED COPY OF FINAL JUDGMENT GRANTED

INTHE MATTER OF ERIC JOHN MAKOWSKI L 602 17 MOTION TO EXTENDTlMETO FILE CERTIFIED COPY OF FINAL JUDGMENT GRANTED

JAJE V UNITED AIR, et al L 5595 14 MOTION TO COMPEL DISCOVERY WITHDRAWN

MOTION TO ENFORCE LITIGANTS RIGHTS PARTIAL

MOTION TO VACATE COURT'S SEPT. ORDER GRANTED

tANDV 53 BORDENTOWN TURNPIKE C 104 10 MOTION TO VACATE JUDGMENT SITTLED

MCDAID V MUSUMECI C 140 11 MOTION FOR PRODUCTION OF STOCK CERTIFICATES AND TEMP INJUNCTION PARTIAL

lATTANZIO MICHELLE VS NAYYARSANJEEV L 1430 15 EXTEND DISCOVERY GRANTED

EXTENSION OF TIME TO FILE OPP. AND CROSS GRANTED

CROSS-MOTION FOR SANCTIONS DENIED

MOTION TO COMPEL D!SC. GRANTED

MOTION TO COMPEL DISC. GRANTED

MOTION TO COMPEL DISC. GRANTED

MOTION TO BAR CERTIFICATION PARTIAL

SB BUILDING ASSOC$. VS BOROUGH OF MILLTOWN L 9439 6 EVIDENT!ARY ISSUES RAISED ATTR!Al PARTIAL

SPHERE INFRASTRUCTUREVVGSGROUP L 1907 17 MOTION ENTERING DEFAULT JUDGMENT GRANTED

PRO CAP II LLC BY ITS V BLK 13005 LOT 52.11 F 7839 17 MOTION FOR OTSC-ABANDONED PROPERTY GRANTED

NATIONSTAR MORTGAGE V DAILEY F 5396 10 MOTION TO EXTEND TIME TO ANSWER/ FILE MOTION GRANTED

NATIONSTAR MORTGAGE V MOHAMED GAWDAT F 2615 15 MOTION TO VOID AND STRIKE INVALID ASSIGNMENT OF MORTGAGE GRANTED

NATIONSTAR MORTGAGEV REDDISH F 988 17 MOTION FOR SUMMARY JUDGMENT CARRIED 11/3

US BANK NATIONAL ASSOC. VS HENN MICHAELJ F 20073 16 MOTION TO REFORM LOAN MOD!F!CAT!ON AGREEMENT NUNC PRO TUNC GRANTED

US BANK NATIONAL TRUSTV. ELLENBERG F 24324 14 MOTION TO RECORD COPY OF EXECUTED ASSIGNMENT OF MORTGAGE GRANTED

US BANK NATIONAL TRUSTV. HENDRICKS F 15816 17 MOTION TO REFORM MORTGAGE PARTIAL

US BANK NATIONAL TRUST V M!RASOL F 30424 16 MOTION TO REDACT PERSONAL IDENTIFIERS GRANTED

US BANK NATIONAL V BELSCUDDERS 2 LLC F 19187 17 MOTION TO APPOINT RENT RECEIVER CONSENT ORDER GRANTED

US BANK NATIONAL V SELSCUDDERS 3 LLC F 19194 17 MOTION TO APPOINT RENT RECEIVER CONSENT ORDER GRANTED

US BANK NATIONAL V RENNIE F 788 9 MOTION TO SET ASIDE SHERIFF'S SALE WITHDRAWN

USBANKVJllUS F 41591 15 MOTION TO REFORM MORTGAGE GRANTED

US BANK VS SHEIKH F 38041 9 MOTION FOR FINALJUDGMENT CARRIED 10/27

US BANKv MILES F 20142 17 MOTION TO CORRECT LEGAL DESCRIPTION GRANTED

WELLS FARGO BANK NAVS BENNITT DAVID F 21225 14 MOTION TO VACATE DENIED

WELLS FARGO V ROUTE F 2116 17 MOTION FOR FlNALJUDGMENT NOTWITHSTANDING LOAN MODIFICATION NOT RECITED IN COMPlAlN GRANTED

WELLS FARGO V DOCS ERNEST F 4720 16 MOTION TO SET ASIDE SHERIFF'S SALE GRANTED

WELLS FARGO V MARTINEZ F 5043 17 MOTION TO DElAY FORECLOSURE 90 DAYS ADJOURNED 10/27

WELLS FARGO V SORIANO NILO F 18398 16 MOTION TO VACATE DEFAULT ADJOURNED 10/27

CHRISTOPHER S. PORRINO ATTORNEY GENERAL OF NEW JERSEY

Attorney for Plaintiff

R.J. Hughes Justice Complex

25 Market Street P.O. Box 117 Trenton, New Jersey 08625-0117

By: Garen Gazaryan Deputy Attorney General NJ Attorney ID: 070262013

(609) 292-6123 [email protected]

RICHARD J. BADOLATO, COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF

BANKING AND INSURANCE,

FILED OCT 17 2017

ARNOLD L NATALI JR., P.J.Ch.

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION-MIDDLESEX COUNTY

DOCKET NO. MID-L-4035-16

Civil Action

ORDER OF ENTRY OF

Plaintiff,

)

) ) ) ) ) )

) ) ) )

FINAL JUDGMENT BY DEFAULT

AGAINST DEFENDANT DANIEL PACHECO

v.

DANIEL PACHECO,

Defendant.

The Defendant, Daniel Pacheco, having been duly served

with a copy of the Summons and Complaint in the above-captioned

action and having been defaulted for failure to appear, answer,

or otherwise defend;

y~ ~tUDGMENT is on this /7 +-~ay of 'd}~tA. 2017,

entered ;L., the am=t-vf $140,428.00 a§!aini.t Defendant p;aniel

Pacneco and in favor of the Plaintiff, Rich-are J:. BadoJ<a.t.._o,

Commissioner of

Insurance. This

penalties for two

Prevention Act,

17: 33A-5b;

tb~ew---d'exsey Department ~rng7 and

amount consists of ~~ in civil

violations of ~ Jersey Insurance Fraud

:33A-l et~, pursuant to N.J.S.A.

fees of $4,428.00, pursuant to N.J.S.A.

a statutory fraud surcharge of $1,000.00,

p.cl..L,'S.U..Q.A.!~t_!at~o~N=.~J=.gS=.~A~ . .-.bl~7~·~=-::-5,l.®-§@ IT IS FURTHER ORDERED, that, pursuant to N.J.S.A.

39:6A-15, Defendant Pacheco's driving privileges will be

suspended for a period of one year from the date of this

judgment.

IT IS FURTHER ORDERED, that a copy of this Order be

served upon all parties within

This motion was:

Opposed

Unopposed

days of

The Honorable Arnold L. Natali Jr., P.J.Ch.

Superior Court of New Jersey

56 Paterson Street

Post Office Box 964

New Brunswick, New Jersey 08903

BENTLEY LABORATORIES, LLC, a

Delaware Limited Liability Company,

Plaintiff,

vs.

ALLIANCE PACKAGING GROUP,

INC., a Wisconsin Corporation; LINDA

KAMEL, Individually, and MAHER

KAMEL, Individually,

Defendants.

FILED OCT 13 2017

ARNOLD L NATALI JR,, P.J.Ch.


LAW DIVISION: MIDDLESEX COUNTY


CIVIL ACTION

ORDER OF PARTIAL DISMISSAL

WITH PREJUDICE PURSUANT TO

R. 4:6-2(e), AND REQUIRING A MORE

DEFINITE STATEMENT OF

PLAINTIFF'S CLAIM.

THIS MATTER having come before the Court by way of a motion to dismiss filed by

Steven A. Karg, Esq., counsel for Alliance Packaging Group, Inc., Linda Kamel and Maher Kamel

("Defendants") to dismiss Counts Two, Three, Four, Five, and Six of Plaintiffs Complaint and all

demands for punitive damages, and for an order requiring the filing of a more definite statement

with respect to the remaining claim, and Brian J. Molloy, Esq., appearing as counsel for Bentley

Laboratories, LLC ("Plaintiff'), and the Court having considered the papers and counsels'

arguments on October 13, 2017, and for good cause shown, and for the reasons stated on the record

on October 13, 2017:

IT IS on this 13th day of October, 2017:

ORDERED that the motion to dismiss Count Two, alleging violations of the New Jersey

Consumer Fraud Act, N.J.S.A. § 56:8-1, et. seq., is GRANTED WITH PREJUDICE; and

IT IS FURTHER ORDERED that the motion to dismiss Count Three, sounding in claims

of legal fraud, is GRANTED WITHOUT PREJUDICE. Plaintiff shall replead its legal fraud

claim within thirty (30) days from the date of this Order. Any re-pleading shall also comply with

R. 4:5-8; and

IT IS FURTHER ORDERED that the motion to dismiss Count Four, sounding in

equitable fraud, is GRANTED WITHOUT PREJUDICE. Plaintiff shall replead its equitable

fraud claim within thirty (30) days from the date of this Order. Any re-pleading shall also comply

with R. 4:5-8; and

IT IS FURTHER ORDERED that the motion to dismiss Count Five, sounding in

fraudulent concealment, is GRANTED WITHOUT PREJUDICE. Plaintiff shall replead its

fraudulent concealment claim within thirty (30) days from the date of this Order. Any re-pleading

shall also comply with R. 4:5-8; and

IT IS FURTHER ORDERED that the motion to dismiss Count Six, sounding in negligent

misrepresentation, is GRANTED WITHOUT PREJUDICE. Plaintiff shall rep lead its negligent

misrepresentation claim within thirty (30) days from the date of this Order. Any re-pleading shall

also comply with R. 4:5-8; and

IT IS FURTHER ORDERED that the motion to dismiss Plaintiffs claims for punitive

damages is DENIED WITHOUT PREJUDICE; and

IT IS FURTHER ORDERED that the request for a more definite statement pursuant to

R. 4:6-4(a) is DENIED. Plaintiffs pleading is not so "vague or ambiguous", see R. 4:6-4(a), such

that Defendants caunot frame a responsive pleading; and

IT IS FURTHER ORDERED that all parties reserve the right to submit further

application to the Court in response to any new pleading filed; and

IT IS FURTHER ORDERED that counsel for Plaintiff serve a copy of this Order upon

all counsel ofrecord within five ( 5) days of its online posting.

010251983 RONALD HOROWITZ Attorney at Law PO Box 353707 Palm Coast, FL 32137 Tel. # (386) 2834886 Attorney for Plaintiff Our File No. 2752

DIRECT COAST TO COAST, LLC, Plaintiff(s),

vs.

RALPH A. MALLOY; FARREN INTERNATIONAL, LLC;

and NORTHERN TRUCKING

LOGISTICS, LLC Defendant s .

FILED OCT /6 2017

ARNOLD L, NATALI JR., P,J,Ch,


CHANCERY DIVISION: MIDDLESEX COUNTY

GENERAL EQUITY

DOCKET NO. MID-•L- "t'i?- 17

Civil Action

ORDER

THIS MATTER having been opened to the Comt by Ronald Horowitz, Esq., attorney

for plaintiff, Direct Coast to Coast, LLC, upon a motion to strike the answer and suppress the

defenses of defendants, Northern Trncking Logistics, LLC and Farren International, LLC, for

failing to comply with the August 23, 2017 Order; and the Comt having considered the moving, ./2---,

a,.,,,Q r~ opposing and reply papers, if any, and oral argument, and for other good cause showq( :;;:__~ ;:!:::::,___

#-, . ,( C/h. I 0- II,. <'1

IT IS ON THIS Iii day of ~c-t,_,,L 2017:

ORDERED that th@ answer !lfld defel'lses of defendants, No,tbero Trucking Logistics,

tf!e.,?¼</2

LLC-and.Ea=iwntemational, LLC, aad bt:rand hereby ate strieken and suppressed; _ ~,(2b

AND IT IS FURTHER ORDERED that a copy of this Order be served upon counsel of

record within



56 Paterson Street

Post Office Box 964


MARY M. HARTH and THE ESTATE

OF JAMES H. HARTH

Plaintiff,

V.

JOANN DEJOHN, CANDANCE

DEJOHN and JOSE M. CAMERON,

ESQ.

Defendants.

FILED OCT 16 2017



CHANCERY DNISION

MIDDLESEX COUNTY

DOCKET NO. C-142-15

CNILACTION

ORDER

THIS MATTER having come before the Court by way of a Motion to Modify Prior

Court Orders filed by Joann and Candace DeJohn ("Defendants"), appearing pro se, and

Thomas Clark, former counsel for Mary Harth and the Estate of James H. Harth ("Plaintiffs"),

and the Court having considered the submissions of the parties and having heard the arguments

of the parties on September 29, 2017, for good cause having been shown, and for the reasons

stated on the record on October 16, 2017:


ORDERED that Defendants' Motion to Modify Prior Court Orders is GRANTED with

respect to the November 28, 2016 Order. Any fees related to the November, 28, 2016 Order

shall be vacated upon the date of this Order; and

IT IS FURTHER ORDERED that Defendants' Motion to Modify Prior Court Orders

is DENIED with respect to the two February 22, 2017 Orders and the March 8, 2017 Order;

and

IT IS FURTHER ORDERED that any further relief with respect to attorneys' fees

shall be made upon application to the Court by filing a motion; and

1

IT IS FURTHER ORDERED that the Court shall serve a copy of this Order upon all

counsel ofrecord within five (5) days of the date of this Order.

2

MID-L-004010-15 09/25/2017 2:41 :24 PM Pg 1 of 3 Trans ID: LCV2017244832

TRACY A. SIEBOLD, ESQUIRE

NEHMAD PEillLLO & DA VIS, PC

Attorney Id No: 017842000

4030 Ocean Heights Avenue

Egg Harbor Township, New Jersey 08244

Phone: ( 609) 927-1177 Fax: (609) 926-9721

Attorneys for Intervenor, Fulton's Landing, Inc.

IMO THE APPLICATION OF THE

BOROUGH OF SAYREVILLE, a

Municipal corporation of the State of

New Jersey,

FILED fWT 13 2017

ARNOLD L. NATALI JR,, P.J,Cb.


LAW DIVISION MIDDLESEX COUNTY

DOCKETNO. MID-L-4010-15 (Mount Laurel)

Plaintiff/Petitioner. Civil Action

ORDER

THIS MATTER having being brought before the Court on the application ofMovant, Fulton's

Landing, Inc. ("Intervenor"), through its counsel, Tracy A. Siebold, Esquire, of the law firm of

Nehmad Perillo & Davis P.C., through a Notice of Motion to Vacate Order and Permit Intervention;

and the Court having considered all written submissions and having heard and considered the.oral • ~, ,/, ·,.-1,_ t;/...A JL,i:.-il~-lr..,,l- /]./4::;;,;tt,.t'

arguments of all counsel, if a.ny; and for good cause show,,/ a, 1Y,/&_;_0,t7"'·''=< ,,,~ ,<l.,;>C-,;:;t•"

/ ... ';(" I,

IT IS ON THIS /J 't day of ((!>e/U:fcn , 2017, ORDERED as follows:

I. Intervenor's Motion to Vacate \he'Court's Order of February 5, 2016 iµrRANTED. // .,,,--""'

/,., ,_, .. /

2. Intervenor's Motio;:µ:crPermit Intervention is GRANTED.,.Jn:0venor shall file its _ _,/

/ ,/ , .. /"_/

responsive pleadin~~hinfive (5) days of the date of this Ord.er0 and provid_e a co1 of this Order to

/ rf-f.41/4•1!. the Clerk wi!}11lame;

3. Service of the responsive pleading shall be accomplished through the forwarding of a

MID-L-004010-15 09/25/2017 2:41 :24 PM Pg 2 of 3 Trans ID: LCV2017244832

signed copy of same to counsel for the Borough of Sayreville by regular mail;

4. Counsel for Intervenor shall forward a copy of this Order to all patties of record and the

I Court Master within five (5) days of: r.1~

l'--1vevlJd! -·" /C-t,[ie.(c ; ' (tJ ( ' HON. ARNOLD L. NATALI, JR., P.J. C .

2

FILED Mark S. Shane, Esq., (ID016801975) Lauren A. Miceli, Esq., (ID# 073002013)

SHANE AND WHITE, LLC 1676 Route 27 Edison, New Jersey 08817 P: 732-819-9100

OCT 13 2317 nrr : :-i 2"17

F: 732-572-9641

ARNOLD L. NATALI JR., P.J.C:ni..,. "',·1;, '"'·; Ji:., ,).J.Ch.

Attorney for Plaintiffs

In the Matter of the Application of Virginia Perry to Assume the name:



Virginia Hassen Bey DOCKET NO: L-5357-17

CIVIL ACTION

; PROPOSEt> ORDER '

THIS MATTER having been opened to the Court by motion of Lauren A. Miceli, Esq.,

attorney for the Plaintiff, and the Court having read the papers submitted and the argument of

counsel, if any, and for good cause having been shown:

/ ·:, .fl.. ,,1 d--11

IT IS on this ~_J __ day of t-G,U,,.,Cc"'- , 2017, ORDERED as follows:

1. Per Rule l:38-7(g), the clerk of the comt is hereby directed to replace the umedacted

copy of the Order for Final Judgment with the copy attached as Exhibit "A" to the ,/

"'- "fi . 1 L- I' • A/ A //)/Ito!-~ ,,... . ,,,.,_.,{_.,,j, _,<.-<-~<.<-""1t1 Cation, 0: - . vvf.<. ,_,.,,,K /1 ' y r J I ~- I / •

tr..,_ ()1'1.,J,.:,,,,;,,;,t !,.. ~,,_,,.,(_ .,o..,e<=~ ),_,~-,.. ~

2. A copy of this Order shall be served on both parties within seven (7) days.. ·f/4 .,,. .. fc,,,t r"'''·t .

Dated: I 0, I "i, C '1

D Opposed [jJ,tfiiopposed

v HON. , J.S.C.

Having reviewed !ho obove motion. ihc Cn•,,-1 finds it to be meritorious on its facer,, .. ,. ,:,:,"'"eosed. Pursuant to B,.. 1:6-2, it therefor, ·:H i:.,, c,ranted essentially for the reasons set fol\;, in ,;,,, 111oving

/'f,(' ,.

MID-L-005595-14 09/29/2017 1 :03:01 PM Pg 5 of 6 Trans ID: LCV2017266761

THE HONORABLE ARNOLD L, NATALI, JR., P.J. CH.

MIDDLESEX COUNTY COURTHOUSE

56 PATERSON STREET P.O.Box964 NEW BRUNSWICK, NEW JERSEY 08903

FILED n~r 13 2011

ARNOLiJ L. NATALI JR., P.J.Ch.

KRYZSTOF JAJE AND AGNIESZKA JAJE, SUPERIOR COURT OF NEW JERSEY

LAW DIVISION

EDDIE CADDELL AND LORETTA

CADDELL, MIDDLESEX COUNTY

STANLEY PRENENSKI AND ROSE CONSOLIDATED UNDER:

PRENENSKI, DOCKET NO. L-5595-14

JOHN CASTRO AND CAROLE. CASTRO CIVIL ACTION

PLAINTIFFS,

vs.

UNITED AIR SPECIALISTS, FIKE

CORPORATION, SUPPRESSION SYSTEMS

INCORPORATED, AND FABER

ASSOCIATES, INC.

DEFENDANTS,

vs.

SUN CHEMICAL CORPORATION AND U.S.

INK CORPORATION

THIRD-PARTY DEFENDANTS.

ORDER

The determination of the motions in the action pending in the United States District

Court, District of New Jersey, bearing caption Sun Chemical Corporation v. Fike Corporation

and Suppression Systems Incorporated, Civil Action No. 2:13-CV-4069 (JMV)(MF) ("Federal

Action") filed by Sun Chemical Corporation for a Protective Order and to Enforce the Rule

502(d) Order ("Federal Motions") having been rendered by Magistrate Judge Mark Falk and

MID-L-005595-14 09/29/2017 1:03:01 PM Pg 6 of 6 Trans ID: LCV2017266761

same having been denied by Order dated September 28, 2017 listed as Docket Number 213 in

the above-referenced case,

IT IS, on this I 3 .#,.day of &a¼ '2017, ORDERED and DECREED that the

Order dated September 22, 2017 (Transaction ID: LCV2017250359) in this matter is hereby

VACATED IN PART. The provisions and directions contained in the following language of the

Order are hereby VACATED:

within

IT IS FURTHER ORDERED that Sun's Motion for Protective Order is

GRANTED to the extent that this Order requires the parties to redact

and file under seal any disputed documents until a determination of the

Federal Motions in the pending Federal Action. Further, all parties shall

not make use of any document at issue in the Federal Action until a

determination of the Federal Motions pending in the Federal Action, or

until further order of this Court; and

IT IS FURTHER ORDERED that counsel for Fike/SSI and all other

parties to this action shall be prohibited from taking any discovery

regarding "Exponent Invoices," as defined in Sun's Memorandum of

Law in Support of its Motion for a Protective Order, and shall be

prohibited from any continued use or reliance on such materials, until

such time as the Federal Motions in the Federal Action have been

detennined by the court, or until further order of this Court; and @

IT IS FURTHER ORDERED a copy of this Order shall be served upon all counsel

MORGAN, LEWIS & BOCKIUS LLP

(A Pennsylvania Limited Liability Partnership)

John McGahren, Bar No. 04679-1990

Stephanie R. Feingold, Bar No. 02318-2005

Drew Cleary Jordan, Bar. No. 90049-2012

502 Carnegie Center Princeton, NJ 08540-6241

+ 1.609.919.6600 Attorneys for Third-Party Defendants Sun Chemical

C01poration (including its US Ink division)

KRYZSTOF JAJE AND AGNIESZKA JAJE,

EDDIE CADDELL AND LORETTA CADDELL,

STANLEY PRENENSKI AND ROSE

PRENENSKI,

JOHN CASTRO AND CAROLE. CASTRO,

PLAINTIFFS,

v.

UNITED AIR SPECIALISTS, FIKE

CORPORATION, SUPPRESSION SYSTEMS

INCORPORATED, AND FABER ASSOCIATES,

INC.,

DEFENDANTS

FIKE CORPORATION AND SUPPRESSION

SYSTEMS, INC.,

THIRD-PARTY PLAINTIFFS,

v.

SUN CHEMICAL CORPORATION, AND U.S.

INK CORPORATION,

THIRD-PARTY DEFENDANTS.

FILED OCT 13 2017

ARNOLD L NATALI JR, P.J.Ch.

SUPERIOR COURT OF NEW

JERSEY LAW DIVISION

MIDDLESEX COUNTY

CIVIL ACTION

CONSOLIDATED UNDER:

DOCKET NO. L-5595-14

PROPOSED FORM OF ORDER

THIS MATTER, having been opened to the Court by Notice of Motion to Enforce

Litigant's Rights pursuant to R. 1:10-3 of Third-Pa1ty Defendant Sun Chemical Corporation,

including its US Ink division ("Sun''), and the Court having reviewed the papers in support thereof

and any submitted in opposition theret'.;{ ;;~, fa¼'y<,A.,; /v(:'"t;,,, '" u, 1/ ~-.,_J/ (tV\.._. I 0, I :l ( )

/3;1, IT IS on this ___ day of October 2017, . ... . . ,. , . . e {.~zi!," .. ,.c;;, ,./,_,

'7'/"t~.<,,-Cc,,... /, u,i?X:::,,,{;_,i,, .J , .• .t c.;,f 17 {/,

HEREBY ORDERED that Sun's ~"iligimt•sittghtsiii~-lID; . ?l· 't&":z ;'L ;i--z,~~-1_ '

IT IS FU~THER ORD.ERED that Fike/S,SI shall produce: (';::u :-:: . . IC j;t"' ~ /;_d ~ ,;Lt!v.-,,.,,,c/ l'"'l-,(0,e.;.,;/_ (./ I'~

1/A copy of Fike's responses to the CSB's Manch 21, ;?013 FK-001

document requests· ,,J.( A:~r-uu,, .• ,J2 ' t ,,

2. Copies of documents produced in response to the CSB's November 24,

2014 document request to Fike from the CSB that contain the original path

descriptions as provided by Fike to the CSB, and live links to the document

groupings and associated metadata also provided t9.,:.the CSB; . 1

,J/k(I 7~·. G-7)-U{ "1"· ltt,...,h }vi. {.c,W-1

3. Documents and information concerning yike's standard design for tt<A

explosion suppression and isolation system~:!br processes that fit within a

standard set of specifications, including (a) documents identifying /

describing the "standard set of specifications" referred to by Fike corporate

witness Bruce McLelland during his corporate witness deposition, and (b)

the "standard design" for those processes, as explained by Bruce McLelland

(Tr. at 243:16-244:5); and

4. Verification that Fike used the evaluation version of the EPWorks software

with limited capabilities (which is the version recently provided to Sun),

and not the more comprehensive version licensed by Fike, in evaluating the

data from the October 9, 2012 explosion (or, if the answer to the foregoing

is that Fike used the more comprehensive version, a license for Sun to

access that more comprehensive version); @>

IT IS FURTHER ORDERED that Fike/SSI shall comply with this Order and produce

the required documents no later than ten days after the issuance of this Order;

'T~::...-=#, eoin /Iv<- ,(.A~U'Jf. /~:/~ ;?1?"-<,,~;_,"1 cft•;..,u,,~

fiir,,Jvµ-t•<,,/ ;{, LC~ ,;.£0,CHJ /4,p{ I:.«/,>· /V..<~t,,,,_t

t'{ cu.)!iF;:;(.~ t-.n f{../..,<.,,,~,b-.., t.v..v</. ~. V,. I t,, ( (c )

f~,.,U ?: ~~4-/J /u<A.~ ~ cf!r t21J /k·~-

/Yc<::;i z;_:::t, ,, A:.~ J'-'<,fiA,t;:;;;~ "I 4, //,.«:,./ , 1.,,,( ,::/"' ,.-,.,_,~-

, t7J ,e..,_, ;,;d 2 -#v< d y' / r f,,·,-I t'r) C-<-Lt,,;(r2C,v7\/ c.·,/J'\,

1°; 1 ,,/L f// ~4-v,~..,?c4 ,;./.Ji,tr',.( , '

IT IS FURTHER ORDERED that Fike/SSI shall pay Sun's costs and fees associated

with bringing this motion.

Dated: Octoberf3, 2017 J .. ; i ' ~

ARNOLD L. NATALI jR., P.J.cti: ····

3

The Honorable Arnold L. Natali, Jr., P.J. Ch. Middlesex County Courthouse 56 Paterson Street P.O. Box 964 New Brunswick, New Jersey 08903

ROBERT MCDAID, CHELSEA VIEW ASSOCIATES, LLC, PHYLLIS AVENUE ASSOCIATES, LLC, MCMA, LLC AND BLOCK 846 ASSOCIATES, LLC

Plaintiffs,

V.

JOSEPH MUSUMECI

Defendant.

FILED OCT 18 2017

ARNOLD L. NATALI JR., P.J.Ch.

SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY CHANCERY DIVISION

DOCKET NO. MID-C-140-11

CIVIL ACTION

ORDER

THIS MATTER having come before the Court by a motion to direct production of original

stock certificates #1, #2, and #3 to Atlantic Coast Realty, Inc. and enjoin the sale or transfer of the

aforementioned stock certificates, filed by W. Peter Ragan, Esq., appearing as counsel for Robert

McDaid ("Plaintiff'), and the Court having considered the papers submitted, and for the reasons

stated on the record on October 18, 2017, and for good cause shown:


ORDERED that Plaintiffs motion to direct production of original stock certificates and

enjoin the sale or transfer of the stock certificates is GRANTED IN PART with respect to the

production of the stock certificates. Defendant Joseph Musumeci shall, within fourteen (14) days

of the date of this Order, produce stock certificates #1, #2, and #3 to Atlantic Coast Realty, Inc. to

the Atlantic County Sheriff at 4997 Unami Boulevard, Mays Landing, New Jersey 08830; and

IT IS FURTHER ORDERED that Plaintiffs motion to direct production of original stock

certificates and enjoin the sale or transfer of the stock certificates is DENIED IN PART with

respect to the requested injunctive relief. If Defendant fails to produce the aforementioned stock

certificates within fourteen (14) days of the date of this Order, Plaintiff may renew their request

for injunctive relief and shall address the factors outlined in Crowe v. De Gioia, 90 N.J. 126, 132-

34 (1982) in their application. Any renewed application may be filed upon short notice to the Court

and Defendant Joseph Musumeci; and

IT IS FURTHER ORDERED that Plaintiffs counsel shall serve a copy of this Order

upon all parties and counsel ofrecord within five (5) days of the date herein.


Superior Court of New Jersey 56 Paterson Street Post Office Box 964 New Brunswick, New Jersey 08903

GWEN E. BARSEL, as Executrix of the Estate of Michelle Lattanzio

Plaintiff,

V.

SANJEEV NAYYAR, MD; GARDEN STATE GSATROENTEROLOGY, A CORPORATION; et al.

Defendants.

FILED OCT 13 2017

ARNOLD L, NATALI JR., P.J.Ch.


CHANCERY DIVISION MIDDLESEX COUNTY


CIVIL ACTION

ORDER

THIS MATTER having come before the Court by way of a motion to extend discovery

and compel deposition, three motions to compel discovery, and a motion to bar certification filed

by Noah L. Dennison, Esq. appearing as counsel for Sanjeev Nayyar, MD, Garden State

Gastroenterology, a Corporation ("Defendants"), and a motion for an extension of time to file

opposition and cross-motion for sanctions and a cross-motion for sanctions filed by Harold J.

Cassidy, Esq. appearing as counsel for Michelle Lattanzio ("Plaintiff'), and the Court having

considered the papers and counsels' arguments on October 13, 2017, and for good cause shown,

and for the reasons stated on the record on October 13, 2017:

IT IS on this 13th day of 2017:

ORDERED that Plaintiffs motion for sanctions against Defendants is DENIED; and

IT IS FURTHER ORDERED that Defendants' shall have their computer expert review

the seven hundred and three (703) User Generated files and the thirty-five (35) items that appeared

under the search term "Lattanzio" that are listed in Defendants' June 24, 2016 correspondence.

Defendants must provide the aforementioned documents to Plaintiff within three (3) weeks of the

date of this Order. All files related to this matter shall be produced to Plaintiff in their native

electronic form; and

IT IS FURTHER ORDERED that Defendants' motion to compel the re-deposition of

Gwen E. Barsel is GRANTED. The parties are permitted to re-depose Ms Barsel, at her

convenience, for a time period not to exceed two (2) hours; and


all counsel of record within five (5) days of its online posting.

P2



56 Paterson Street Post Office Box 964 New Brunswick, New Jersey 08903

GWEN E. BARSEL, as Executrix of the

Estate of Michelle Lattanzio

Plaintiff,

v.

SANJEEV NAYYAR, MD; GARDEN

STATE GSATROENTEROLOGY, A

CORPORATION; et al.

Defendants.

FILED OCT 16 2017



CHANCERY DIVISION

MIDDLESEX COUNTY


CIVIL ACTION

ORDER

THIS MATTER having come before the Court by way of a motion to extend discovery

and compel deposition, three motions to compel discovery, and a motion to bar certification filed

by Noah L. Dennison, Esq. appearing as counsel for Sanjeev Nayyar, MD, Garden State

Gastroenterology, a Corporation ("Defendants"), and a motion for an extension of time to file

opposition and cross-motion for sanctions and a cross-motion for sanctions filed by Harold J.

Cassidy, Esq. appearing as counsel for Michelle Lattanzio ("Plaintiff'), and the Court having

considered the papers and counsels' arguments on October 13, 2017, and for good cause shown,

and for the reasons stated on the record on October 13, 2017:

IT IS on this 16th day of ,u,1t,J~r' 2017:

ORDERED that Defendant's motion to bar the certification of Meyer Solny, M.D. so as

to preclude trial testimony with respect to Paragraphs 1 - 8 of Dr. Solny's August 11, 2017

Certification is DENIED; and

IT IS FURTHER ORDERED that Defendant's motion to bar the certification of Meyer

Solny, M.D. so as to preclude trial testimony with respect to Paragraph 9 of the August 11, 2017

Certification shall be raised before the trial judge as a motion in limine. The trial judge, at his or

her discretion, may conduct a N.J.R.E. 104 hearing. The parties shall provide a transcript of the

the Court's September 1, 2017 and October 13, 2017 proceedings in which the issue was discussed.

At oral argument on Defendants' motion for summary judgment with respect to the dismissal of

the punitive damages claim on September 1, 2017, the Court made a determination not to

supplement the summary judgment record to permit Paragraph 9. Counsel for Plaintiff requests an

opportunity to address how Paragrpah 9 is a "logical predicate" for the conclusions in the

previously submitted report, See Congiusti v. Ingersoll-Rand Co., 306 N.J. Super. 126, 131-32

(App. Div. 1997), in light of other likely trial evidence, including the deposition of Dr. Solny and

his report; and

IT IS FURTHER ORDERED that the trial date remains scheduled for December 4, 2017;

and


all counsel of record within five ( 5) days of its online posting.

The Cassidy Law Firm Derek M. Cassidy, Esq. NJ Bar No. 041562007 750 Broad Street, Suite 3 Shrewsbury, NJ 07702 (732)747-3999 Attorneys for Plaintiff

GWEN E. BARSEL, as Executrix of the Estate ofMichelle Lattanzio,

Plaintiff,

v.

SANJEEV NA YY AR, MD; GARDEN STATE GASTROENTEROLOGY, A Corporation Organized Under the Laws of New Jersey; JANE DOE 1-l0;JOHN DOE 1-l0;andABC CORP. 1-10,

Defendants.

) SUPERIORCOURTOFNEW JERSEY ) LAW DIVISION ) Middlesex COUNTY ) ) DOCKET NO. MID-L-1430-15 ) ) Civil Action ) ) Medical Malpractice Action ) ) ORDER GRANTING PLAINTIFF LEA VE ) TO FILE OPPOSITION TO ) DEFENDANTS' MOTION TO EXTEND ) DISCOVERY AND PLAINTIFF'S CROSS) MOTION FOR SANCTIONS BY ) TUESDAY, SEPTEMBER 12,2017, AND ) TO ADJOURN DEFENDANTS' MOTION ) AND PLAINTIFF'S CROSS-MOTION TO ) SEPTEMBER 29, 2017

THIS MATTER having been brought to the attention of the Court upon application of

counsel for Plaintiff, Gwen E. Bars el, by way of Motion, and the Court having reviewed all

moving papers and opposition papers of Defendants, and the Court having heard argument of

counsel for all parties, and good cause having been shown;

IT IS ON THIS / ttf?DA Y OF; , 2017,

ORDERED THAT Plaintiff be and is hereby granted leave to file her opposition to

Defendants' motion to extend discovery and re-depose Gwen Barsel and to file her cross-motion

for sanctions out of time, to be filed by Tuesday, September 12, 2017;

IT IS FURTHER ORDERED that the Defendants' motion to depose Gwen Barsel, and

Plaintiffs cross-motion for sanctions for failure to comply with a prior order of the Court is U,>C ,,~~ ( 3, 2,')

rescheduled to September 2~, 2017.

IT IS FURTHER ORDERED that a copy of this Order shall be served on all counsel of

record within seven (7) days of being e-filed.

Dated: i c' I '· I I

Arno!(! L. Nata·, J ., J.S.C.

[ ] opposed

[ '1 unopposed

MID L 001430-15 06/13/2017

Attorney of record: Sean P. Buckley 035861984

Filing attorney: Noah L. Dennison 114282014

BUCKLEY THEROUX KLINE & PETRASKE, LLC 932 STATE ROAD PRINCETON, N,J, 08540

(609) 924-9099

Attorneys for Defendants

Pg 1 of 2 Trans ID: LCV201735934

F\LeD OCT 13 2017


Sanjeev Nayyar, MD and Garden State Gastroenterology, PC

MICHELLE LATTANZIO

Plaintiff

vs.

SANJEEV NA YYAR, MD; GARDEN

STATE GASTROENTEROLOGY, A

CORPORATION; et al.

Defendants



DOCK.ETNO. MID-L-1430-15

Civil Action

ORDER

This matter having been brought before the Court by Buckley Theroux Kline & Petraske,

LLC, attorneys for Defendants, Sanjeev Nayyar, MD and Garden State Gastroenterology, PC, for

an Order compelling discovery, and the papers have been submitted and duly considered, and

good cause having been shown;

IT IS ON THIS / 3 -ft. 2017;

ORDERED that the Motion to Compel Discovery is hereby GRANTED; and

IT IS FURTHER ORDERED that Plaintiff is compelled to produce the following

documents:

MID L 001430-15 06/13/2017 Pg 2 of 2 Trans ID: LCV201735934

a. Dr. Kadish's most recent curriculum vitae;

b. Dr. Kadish's most recent testimony list;

c. The list of pertinent medical literature that Dr. Kadish described in item #9 in his

report.

IT IS FURTHER ORDERED that Plaintiff shall provide these documents within ten

( 10) days of this Order; and

IT IS

IT IS FURTHER ORDERED that a copy of this Order shall be served upon all counsel

within seven (7) days of the date of this Order.

___ Opposed

---''5'.'-'-·- Unopposed

Hon. , J.S.C.


MID L 001430-15 05/24/2017

Attorney of record: Sean P. Buckley 035861984 Filing attorney: Noah L. Dennison 114282014

BUCKLEY THEROUX KLINE & PETRASKE, LLC 932 STATE ROAD PRINCETON, N.J. 08540 (609) 924-9099



FILED OCT 13 2017


Sanjeev Nayyar, MD and Garden State Gastroenterology, PC

MICHELLE LATTANZIO

Plaintiff

vs.

SANJEEV NA YY AR, MD; GARDEN STATE GASTROENTEROLOGY, A CORPORATION; ct al.

Defendants

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. MID-L-1430-15

Civil Action

ORDER


LLC, attorneys for Defendants, Sanjccv Nayyar, MD and Garden Stale Gastroenterology, PC, for



IT IS ON THIS 2017;



documents:


a. A list of Dr Solny's cases that he has appeared at for deposition and at trial;

b. All bills relating to this matter;

c. His up to date list of items that he has reviewed; and

d. Depositionefpertainii;g to cancer cases that he has been involved in. ~ C e,,:., 4,.,, e~~ b-'\. (.__,:;c,.,.Q

IT JS FURTHER ORDERED that Plaintiff shall provide these documents within ten

(10) days of this Order; and

Attorne s Fees, incurred by Defendants in ~b · ning this Order; and



-~-Opposed

¥' Unopposed

fl~ 1-, It~ I 8-- J-tc ,-I-foll. , J.S.C.


MID L 001430-15 05/24/2017

Attorney of record: Sean P. Buckley 035861984 Filing attorney: Noah L. Dennison 114282014

BUCKLEY THEROUX KLINE & PETRASKE, LLC 932 STATE ROAD PRINCETON, N.J. 08540 (609) 924-9099



FILED OCT 13 2017

ARNOLD L, NATALI JR., P,J.Ch.

Sanjeev Nayyar, MD and Garden State Gastroentcrology, PC

MICHELLE LATTANZIO

Plaintiff

VS.

SANJEEV NA YYAR, MD; GARDEN

STATE GASTROENTEROLOGY, A

CORPORATION; et al.

Defendants




Civil Action

ORDER


LLC, attorneys for Defendants, Sanjeev Nayyar, MD and Garden State Gastroenterology, PC, for



IT IS ON THIS / 5 f,(. 2017;



documents:


a. A copy of all literature that Dr. Tirgan had in his notebook that he identified at his deposition;

b. Dr. Tirgan 's fee schedule; c. Any reports that he has prepared in the past with regard to anal carcinoma that he

stated he could find on his old computer; and d. Copies of all bills.

IT IS FURTHER ORDERED that Plaintiff shall provide these documents within ten

(10) days of this Order; and



___ Opposed

Unopposed

~f.~u r:, vz_x,,.,,c,:· ·&= &-,K Hon. · , J.S.C.




56 Paterson Street

Post Office Box 964


SB BUILDING ASSOCIATES, L.P., SB

MILLTOWN INDUSTRIAL REAL TY

HOLDINGS, L.L.C., and ALSOL CORP.,

Plaintiffs,

VS.

THE PLANNING BOARD OF THE

BOROUGH OF MILLTOWN, THE

BOROUGH OF MILLTOWN, and

BORAIE DEVELOPMENT, L.L.C.,

Defendants.

FILED OCT 16 2017



MIDDLESEX COUNTY

LAWDNISION

CNILACTION


ORDER

THIS MATTER having come before the Court by way of a motion whereby Stephen

Eisdorfer, Esq., counsel for SB Building Associates, L.P., SP Milltown Industrial Realty Holdings,

LLC, and ALSOL Corp. ("Plaintiffs"), raised three evidentiary issues concerning the July 2017

trial, and Donna M. Jennings, Esq., appearing as special counsel for the Planning Board of the

Borough of Milltown and the Borough of Milltown ("Defendants"), and John J. Curley, Esq.,

appearing as counsel for Boraie Development, LLC ("Co-Defendant"), and the Court having

considered the papers and counsels' arguments on October 13, 2017, for good cause shown, and

for the reasons stated on the record on October 13, 2017:


ORDERED that the request of Plaintiffs to admit into evidence the transcript of the prior

testimony of Richard Lear, the Former County Director of Parks and Recreation, is DENIED; and

IT IS FURTHER ORDERED that the request of Plaintiffs to admit certain "vignettes"

detailing changes to the Plaintiffs' conceptual plan into evidence is DENIED; and

IT IS FURTHER ORDERED that the Plaintiffs' application to offer rebuttal testimony

is GRANTED IN PART. Plaintiffs may present rebuttal testimony and the Defendants and Co

Defendants are permitted to present sur-rebuttal testimony with respect to the following three

issues: 1) the visual impact and mass of a four story building close to Ford A venue; 2) the number

of Parking Spaces available for the low and moderate income units; and 3) the isolation oflow and

moderate income housing units. (See Pl. Reply Br. at 2.); and

IT IS FURTHER ORDERED that Plaintiffs may call George Ritter, Elizabeth Dolan,

and Michael Dipple as expert witnesses to present the aforementioned rebuttal testimony. As

noted, Defendants and Co-Defendants may also present sur-rebuttal testimony. Each rebuttal

expert witness, only, shall prepare an expert report prior to giving testimony. The parties may, at

their discretion, depose any related witness on the scope of any rebuttal report addressing the topics

in the previous paragraph; and

IT IS FURTHER ORDERED that counsel for Plaintiffs serve a copy of this Order upon

all counsel ofrecord within five (5) days of its online posting.

~-t_,;,L,;_~·f.}Jr/C

HON/~. NATALI JR., J.Ch.

WHITEFORD, TAYLOR & PRESTON LLC

Daniel Griffith, Esquire (NJ #038681990)

Chad J. Toms, Esquire (NJ #015002001)

Kaan Ekiner, Esquire (NJ #027582011)

The Renaissance Centre, Suite 500 405 N. King Street Wilmington, DE 19801 T: 302. 357 .3262 F: 302. 357.3284 Email: kckincr(dlwtplaw .com

-and-

A. Ari Ghosal, Esquire 7501 Wisconsin Avenue Suite 700W Bethesda, MD 20814-6521 Attorneys for Plaintiff Sphere Infrastructure Pte. Ltd.

SPHERE INFRASTRUCTURE PTE. LTD.,

Plaintiff,

V.

VGS GROUP, INC., a New Jersey Corporation, VGS

CAVALLO ENERGY GROUP, LLC., a New Jersey

Limited Liability Company, SIVA CORAMUTLA,

S/O KUMARALINGAM CORAMUTLA, and

GA URA V TIW ARI, S/O MARESH TIWARI,

Defendants.

F\LED Or:T 1 R 2017



AW DIVISION IDDLESEX COUNTY

OCKETNO. MID-L-1907-17

IVILACTION

URY TRIAL DEMANDED

t).rf ..... H-ORDER OF ENTRY or i;;.i;Hl'\'.'E JUDGMENT

1. Defendants VGS Group, Inc., VGS Cavallo Energy Group, LLC, and Siva

Coramutla s/o Kumaralingam Coramutla, and Gaurav Tiwari s/o Mahesh Tiwari ("Defendants")

are in default for failure to plead or otherwise defend the Amended Complaint in the time

prescribed by law.

NOW, THEREFORE, IT IS HEREBY ORDERED:

2

3. '" Timt the- !'ir,al jttelgnrent of$ ~ntereel ag1liffl1:4'.h'e"0 ants, VGS

Group, Inc., VGS Cavallo Energy Group, LLC, and Siva Coramutla s/oC,;F _____ _

and Gaurav Tiwari s/o Mahesh Tiwari, jointly and sev~.~.J14!"'1hllows:

Compensatory Damages: //<' $12,599,950.00 /,_,,,.

--Contractual Interest panfu;es:

,/'/<

$4,709,458.67

,,,,,,,r~,-""

Atto~s:-,Ffes: $69,485.05

bs,;__._ .. , ....... -.,.,.· -$5,735.64 - ··=-

4. Tha~~ent is entered by the Court pursuant to Sphere's Motion, in

accordance with New Jersey Court Rule 4:43-2(a). Cf) H

ENTEREDthis //, dayof ~ ,2017.

•

(L. ~

~~

~~ /l-,~.~

t.M- ~Pf-~~

~~ ~~ ~~.,,'<

SWC-F-007839-17 09/26/2017 11:14:54 AM Pg 1 of 1 Trans ID: CHC2017702395

GARY C. ZEITZ, L.L.C. GARY C. ZEITZ, ESQUIRE - 1O#0363 l l 994 ROBIN LONDON-ZEITZ, ESQUIRE - 10#023011996 1101 Laurel Oak Road, Suite 170

FILED OCT 17 2017

ARNOLD L. NATALI JR., P.J.Ch. Voorhees, New Jersey 08043 (856) 857-1222 Attorneys for Plaintiff

US BANK CUST FOR PRO CAP II, LLC

Plaintiff,

vs.

Block 13005, Lot 52.11 109 Westley Rd, Township of Old Bridge, State of New Jersey Assessed to: Mary Holloway, as Executrix of the Estate of Tiny Jefferson

Defendant(s).

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION MIDDLESEX COUNTY

Civil Action

Docket No: F-7839-17

ORDER DETERMINING THAT PROPERTY IS ABANDONED

THIS MATTER having come before the Comt upon the Motion of SHEERA

ENGRISSEI, Esquire, Gary C. Zeitz, L.L.C., attorneys for Plaintiff, US BANK CUST FOR PRO

CAP 11, LLC ("Plaintiff") to determine that prope1ty is abandoned, and for good cause being

mf c:;,4) show)'

IT IS on this

·zt". /4,c.,.,'.&·r,._..-t'.)~-- A, .. c;:;-e~ ('/,_,,- "-e;,r::;· A,.{_,_"'1·"£) ",,,,,...._,,. / () c 'l. t 7

day of __ /L_<~_;z_· •_.,l_";,_~ __ ~, 2017, HEREBY ORDERED

that the propetty located at 109 Westley Rd, Old Bridge, New Jersey, Block 13005, Lot 52.11 is

declared an abandoned propetty pursuant to N.J.S.A. 55: l 9-8 l and N.J.S.A.§54:5-86(b).

ARNOLD L. NATALI JR., P.J.CH).s.c.

( ) Opposed ( ..,c) Unopposed

SWC-F-005396-10 09/27/2017 5:35:46 PM Pg 1 of 1 Trans ID: CHC2017707253

RAS Citron, LLC

130 CLINTON ROAD, SUITE 202

FAIRFIELD, NJ 07004

973-575-0707

ATTORNEYS FOR PLAINTIFF

Oliver Ayon, Esq.

STATE BAR NUMBER: 047532011

NATIONSTAR MORTGAGE LLC,

Plaintiff/Mortgagee

vs.

WILLIAM F. DAILEY, HIS HEIRS,

DEVISEES, AND PERSONAL

REPRESENTATIVES AND HIS, THEIR,

OR ANY OF THEIR SUCCESSORS IN

RIGHT, TITLE AND INTEREST, et al.

Defendant s /Mort a or s

FILED OCT /6 2017



CHANCERY DIVISION

MIDDLESEX COUNTY

DOCKET NO. F-005396-10

ORDER TO EXTEND TIME TO SUBMIT

MOTION FOR FINAL JUDGMENT

THIS MATTER being opened to the Court on motion of RAS Citron, LLC, by Oliver Ayon, Esquire,

attorney for the Plaintiff, NATIONSTAR MORTGAGE LLC, for an Order Extending Time to Submit

Order for Entry of Final Jud_gment and the Court ,having considered the matter and for g_ood cause 7

~ ,:..J1-(} ·t'?,~ .. /4.<'_.,.,,,<-.,,,....<.,f~ J,J-c,_z;;f :;r~'--~ /4,4-,,.,~,,_,k ,;ft1:,_ __ L<i.-,...z:;;:t!.,~, /(,I Ci 7

appearin~

IT IS on this / {p f't day of /f).-1.,;ct;J!:,, , 20_ ORDERED:

I. That th7nme for Plaintiff to submit its M'9nfor Entry of Final Judgment i~oy~;tended;

~i// @ . ·'

2. Plaintiffs counsel shall serve this Order on all pmties 5 days after the receipt of this

Order.

Respectfully Recommended

__ Opposed y Unopposed

Ill I I Ill II I llll 1111111111111111111111111111111 14-99143 -AsP

"* ~ ~ 'The wllh1n matter shall be reinstated upon the tiling ot a Mollo:

tor Final Judgment with the Office ot Foreclosu~ pro~~-~~

motion Is tiled not later than 11~., 1 ui wllhl~ ShOuld the Plamtiff lall to tile the Motion !or Final J dg~~ntmisaed

the spec\l\ed time, then the within matter will\ remain is w

11111111111111111111mi.ffil(1~i1~~1im1ff1;mnmmmitii1 ne

SWC-F-002615-15 09/20/2017 11 :50:28 AM Pg 1 of 2 Trans ID: CHC2017689471

McCABE, WEISBERG & CONWAY, P.C. Carol Cobb, Esquire - 028761994 216 HADDON AVENUE, SUITE 201 WESTMONT, NEW JERSEY 08108 (856) 858-7080 ATTORNEYS FOR PLAINTIFF Matter No 15-205490 - 15-205490

Nationstar Mortgage LLC

Plaintiff, vs.

Gawdat G. Mohamed, et al.

Defendants.

FILED OCT /6 2017


SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION MIDDLESEX COUNTY

Docket No. F-002615-15

Civil Action

ORDER VOIDING AND STRIKING AN INVALID ASSIGNMENT OF

MORTGAGE

THIS MATTER being opened to the Court by McCabe, Weisberg & Conway, P.C.,

attorneys for Plaintiff in the above entitled foreclosure action, requesting an Order Voiding and t;t-1_,K /4.L-U~,,...._t._

Striking an Invalid Assignment of Mortgage and for good cause appearii

ITISONTHIS /{! DAYOF ,~-c"'v"""" ,2017;ORDERED:

I. The Assignment of Mortgage executed on August 27, 2014, from HSBC Bank

USA, N .A. ("Assignor") to Federal Home Loan Corporation (" Assignee"), which was recorded

in the Middlesex County Clerk's/Register's Office on September 9 2014, in Assignment Book

01145.at Page 0165 is HEREBY DECLARED to be null and void and stricken from the records

of the Middlesex County Clerk's Office; and

2. The Assignment of Mo1igage executed on October 27, 2016, from HSBC Bank

USA, N.A. ("Assignor") to Nationstar Mmigage LLC ("Assignee"), which was recorded in the

Middlesex County Clerk's/Register's Office on January 26, 2017, in Assignment Book 01200 at

Page 0541 is HEREBY DECLARED to be null and void and stricken from the records of the

Middlesex County Clerk's Office; and


3. The Middlesex County Clerk's Office is hereby directed to record said order.

4. A copy of this entered Order shall be served upon all appearing defendants within

seven (7) days of counsel for Plaintiffs receipt thereof.

'\

Opposed ~ Unopposed


STERN LA VINTHAL & FRANKENBERG LLC

I 05 Eisenhower Padcway - Suite 302

Roseland, NJ 07068 (973) 797-1100 Attorneys for Plaintiff

Vincent G. Ricigliano Jr., Esq.: 013481981

201604243

NATIONST AR MORTGAGE LLC

Plaintiff

vs.

JASON REDDISH; MRS. JASON REDDISH,

HIS WIFE; CRAIG SKOLER; ADINA

SKOLER; CLK HP 135 CROSSWAYS

PARK DRIVE LLC and LAKE PARK 135 CROSSWAYS PARK

DRIVELLC Defendants

FILED OCT 16 2017



CHANCERY DIVISION MIDDLESEX COUNTY

DOCKET NO.: F-000988-17

CIVIL ACTION

ORDER GRANTING SUMMARY

JUDGMENT IN FAVOR OF PLAINTIFF

THIS MATTER being opened to the Court by Stern, Lavinthal & Frankenberg, LLC,

attorneys for Plaintiff, (Vincent G. Ricigliano, Esq. appearing,) and having been timely served

upon Adina Skoler and Craig Skoler, Defendants Pro Se, and the Court having reviewed the ' ,:.;'t k,A/1 f-t11.

papers, and considered oral argument, if.any, and for good cause having been sho? //4,::: ;z'· _.-k.,w-..,Z

ITISONthis (Jrt-dayof £{/;;7eC.-, ,2017: ,,,,_ /u,!'-6.r?

and

to be a non-contesting Answer; a

he Answer filed by Defendant Craig Skoler be and is hereby deemed


ORDERED, that this action be remanded e Office of Foreclosure the Superior Court

of New Jersey in Trento~to___pw as an uncontested matter; and it is fmth~

ORDERED, that a true copy of this Order be served upon Defendants within

days of the date ofreceipt hereof via certified and regular mail.

___ Opposed

~ __ Unopposed

C:.C,<A/2<--Ek' (.~ ;7ld/1/,,._,,,,,t,_,,._ 3 / -Ze> I 7

,:[,,:;_ ~"&--t:{,f at/~ ~

~ ~ ~,£.,(__

&~.u:t-µ~

,,4,,;t;::~.,.. 2-£) I z,• (' 7,


File No. 13424-16-20572

Law Offices PARKERMcCAYP.A. Gene R. Mariano, Esquire ID No: 021091996 9000 Midlantic Drive Snite 300 P.O. Box 5054 Monnt Laurel, NJ 08054-1539 (856) 810-5815 Attorneys for Plaintiff

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE RELATING TO CHEVY CHASE FUNDING LLC MORTGAGE BACKED CERTIFICATES SERIES 2007-1,

Plaintiff,

v.

MICHAEL J. HENN; MRS. MICHAEL J. HENN, HIS WIFE; EV A MARIE HENN,

Defendants.

FILED OCT/ 6 2017


SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION MIDDLESEX COUNTY DOCKET NO. F-020073-16

CIVIL ACTION

ORDER TO REFORM LOAN MODIFICATION AGREEMENT

NUNC PRO TUNC

THIS MATTER, being opened to the Coutt by Parker McCay, P.A. attorneys for the

Plaintiff, on application for an Order reforming Loan Modification Agreements Nunc Pro

Tune and for other relief as more particularly set fotth herein; and the Court having

considered the moving papers, and any opposition thereto, and for good cause having been ,-r t),...-f /¢·L ?z.( ./4-',,::c fc ;;. _ /'/; .<';,__fi

shown; and no cause appearing to the contrarJ! ,- · '-'' /.-' .,,.

ITISonthis //r:L dayof §<-t;;_~~c ,2017 ,tv.i~,?

ORDERED AS FOLLOWS:

I. That Loan Modification Agreement dated January 5, 2012, be and is hereby modified nunc pro tune to January 5, 2012, to include Defendant, Eva Marie Henn, as signer/borrower so that her interest in 17 Keswick Circle, Monroe Township, New Jersey 08831, the mortgaged premises, is subordinate to that of Plaintiffs Mortgage at issue in this litigation; and

2. Any title company or a third party searching the land records of Middlesex County New Jersey is hereby entitled and


authorized to rely upon this Order when conducting a search for any purpose, including but not limited to the issuance oftitle insurance for the subject property; and,

3. That the Clerk of Middlesex County be and is hereby directed to record a copy of this Order and have the recording information marginally indexed on the Mortgage recorded on December 6, 2006, in Book 12012 Page 0132 in the Office of the Clerk of Middlesex County;

4. A copy of this Order shall be served on Defendants or their attorney within _s__ days of plaintiffs receipt of a conformed copy of same from the Court.

OPPOSED ____ -

UNOPPOSED_.;..:,,,_· __

2


STEVEN K. EISENBERG, ESQUIRE (009221995)

JACQ\JELINE F. MCNALLY, ESQUIRE (020402005)

DAVID M. LAMBROPOULOS, ESQUIRE (040322006)

SALVA TORE CAROLLO, ESQUIRE (007012001)

MICHAEL J. REILLY, ESQUIRE (042522012)

LUCAS M. ANDERSON, ESQUIRE (014342011)

JUSTIN M. STRAUSSER, ESQUIRE (090692014)

CHRISTOPHER M. CAMPOREALE, ESQUIRE (072082013)

STEFANIE MALONE-ZEITZ, ESQUIRE (107872014)

STEVEN P. KELLY, ESQUIRE (010032010)

JESSICA N. MANIS, ESQUIRE (114562014)

FRANK J. KEENAN, ESQUIRE (022041994)

CHRISTOPHER A. SALIBA, ESQUIRE (161512016)

BRANDON P. ACCARDI, ESQUIRE (138802014)

ANTHONY P. SCALI, ESQUIRE (034182007)

CHRISTOPHER M. MCMONAGLE, ESQUIRE (124402015)

STERN & EISENBERG, BC

1040N. KINGS HIGHWAY, SUITE407

CHERRY HILL, NJ 08034

TELEPHONE: (609) 397-9200

FACSIMILE: (856) 667-1456

COUNSEL FOR PLAINTIFF

F\LED oc, / 6 20'1

ARNOLD L NATALI JR., P ,J.Ch.

U.S. Bank National Association, as Trustee, for

Structured Asset Securities Corporation

Structured Asset Investment Loan Trust Mortgage

Pass-Through Certificates, Series 2004-7,

Securitization Se1vicing Agreement Dated as of

July 1, 2004


MIDDLESEX COUNTY

PLAINTIFF

V,

Peter Dalton, Et. al.

DEFENDANTS

CHANCERY DIVISION

DOCKET NO.: F-024324-14

CIVIL ACTION

ORDER DIRECTING MIDDLESEX

COUNTY CLERK TO RECORD COPY OF

ASSIGNMENT IN LIEU OF ORIGINAL

THIS MATTER being an action seeking foreclosure of an interest in real property and this matter

having being opened to the court by Lucas M. Anderson, Esquire, on behalf of U.S. Bank National

Association, as Trustee, for Structured Asset Securities Corporation Structured Asset Investment Loan

Trust Mortgage Pass-Through Certificates, Series 2004-7, Securitization Servicing Agreement Dated as

of July 1, 2004, (hereinafter "plaintiff") and the court having reviewed the certification filed by plaintiff

and it appearing that plaintiff has made a good faith attempt to obtain the original assignment and good


I

cause appearing, /

IT IS on this H If- day of , 2017, ORDERED and ADJUDGED:

I. Middlesex County Recorder's Office is directed to record a copy of the Assignment of

Mortgage from Bank of America as Successor by Merger to LaSalle Bank National Association as

Tiustee to U.S. Bank National Association, as Trustee, for Structured Asset Securities Corporation

Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2004-7,

Securitization Servicing Agreement Dated as of July 1, 2004; and,

2. Middlesex County Recorder's Office is directed to record a certified copy of this Order to be

marginally indexed on the mortgage recorded with the Middlesex County Clerk of Records on

03/15/2004 in Book 9440, Page 425; and,

3. Plaintiff shall, within ?,&vZ ?

(;[) days after receipt of this Order by its counsel, serve a

copy of this Order upon all counsel of record by ordinary mail.

___ Opposed

-~X:_' ,_, Unopposed

STEVEN K. EISENBERG, ESQUIRE (009221995)

JACQUELINE F. MCNALLY, ESQUIRE (020402005)

DAVID M. LAMBROPOULOS, ESQUIRE (040322006)

SALVATORE CAROLLO, ESQUIRE (00701200 I)

MICHAELl. REIi.LY, ESQUIRE (042522012)

FiLED

LUCAS M. ANDERSON, ESQUIRE /014342011) /j \; ! ll) ' i' ,,: ,1-J,'

JUSTIN M. STRAUSSER, ESQUIRE (090692014)

CHRISlDPHER M. CAMPOREALE, ESQUIRE (072082013)

STEFANIE MALONE-ZEITZ, ESQUIRE ( I 07872014)

STEVEN P. KELLY, ESQUIRE(010032010)

AHNQW bi NATAkl dk11 hd,1-lh.

JESSICA N. MANIS, ESQUIRE (114562014)

FRANK J. KEENAN, ESQUIRE (022041994)

CHRISTOPHER A. SAi.IBA, ESQUIRE (161512016)

BRANDON P, ACCARDI, ESQUIRE (138802014)

ANTHONY P. SCALI, ESQUIRE (034182007)

CHRISTOPHER M. MCMONAGLE, ESQUIRE ( 124402015)

STERN & EISENBERG, PC

1040 N. KINGS HIGHWAY, SUITE 407

CHERRY HILL, NJ 08034

TELEPHONE: (609) 397-9200

FACSIMILE: (856) 667-1456

(COUNSEL FOR PLAINTIFF)

U.S. BANK TRUST, N.A., AS

TRUSTEE FOR LSF8 MASTER

PARTICIPATION TRUST, Plaintiff

V.

Thomas Hendricks, et al.

Defendants

Pl.EASE CHARGE THE FILING FEE TO OUR ACCOUNT NO. 142755

ATTORNEY CHARGE REFERENCE NO.014342011


CHANCERY DIVISION

MIDDLESEX COUNTY


CIVIL ACTION

ORDER

THIS MATTER having been brought before the Court upon application of U.S. Bank

Trust, N.A., as Trustee for LSF8 Master Participation, (hereinafter "Plaintiff'), by and through its

attorney Stern & Eisenberg, PC, Lucas M. Anderson, Esquire, for an Order nullifying assignment

of mortgage; and for good cause shown:

IT IS on this /J; day of tfJ£t°l1.,. , 2017, ORDERED:

1. The motion to nullify assignment of mortgage is GRANTED;

2. The assignment of mortgage from Beneficial New Jersey Inc. d/b/a Beneficial

Mortgage Co. to HSBC Consumer Lending (USA) Inc .. , recorded on November 28,

2011, in Book 01065, at Page 0069 is hereby;

3. 'Fhe-Mtdolesex CouniyC~Office is hereby dire~ :certified copy of

-·---------~·-------this Order and marginally indel\ed-Ofi"fhe Mortgage recorded on January 8, 2007 in

~--·" ,,,,-·"'

___ opposed

_l<'. __ unopposed

·I, f/ J::x ( ,x/::~,~.J:

A 1c?;;11)L ,P.J.CH.


FEIN, SUCH, KAHN & SHEPARD, P. C. ASHLEIGH LEVY MARIN - 012772009 7 Century Drive, Suite 201 Parsippany, New Jersey 07054 (973) 538-9300

894IDT Attorne for Plaintiff

FILED OCT /6 2017


U.S. BANK TRUST, N.A., AS TRUSTEE SUPERIOR COURT OF NEW JERSEY FOR LSF9 MAST,ER PARTICIPATION CHANCERY DIVISION-TRUST MIDDLESEX COUNTY

Plaintiff DOCKET NO.: F-30424-16 vs.

CIVIL ACTION JOSE M. RI CHARD S . MIRASOL, et als. ORDER REDACTING PERSONAL

Defendant IDENTIFIERS

This matter is being opened to the Court by Fein, Such, Kahn

& Shepard, P.C., attorneys for Plaintiff, and it appearing to the

Court that on the court's electronic records, that the personal

financial documents were submitted to the Court as Exhibit B of

the Certification of Joshua B. Sears in support of Plaintiff's

Notice of Motion for Summary Judgment filed on April 21, 2017 as

Document ID

redacted or

IT IS,

CHC2017332826 when said information should have been µ,.,,{/ ~~ _i,L .. ,< /~.<·<".·;.s:·~~<

removed; and for good cause showf c</, a, /v-v. "'

ON THIS DAY OF rf/1;.t, ,2017;

ORDERED that the Court's electronic records be corrected to

remove Pages stamped 29 of 95 through 95 of 95 of the document

listed as "Exhibits" of the Motion for Summary Judgment, document

ID CHC2017332826 filed on April 21, 2017, beginning with the PSEG

bill, in their entirety; and it is further


ORDERED that a copy of this Order be served on Defendant

within 7 days of the receipt of this Order .

. fl~"l .c

Hon. Arnold L. Natali, Jr., J.S.C.

File No. 894IDT

. SWC-F-019187-17 10/10/2017 1:22:05 PM Pg 1 of 13 Trans ID: CHC2017732227

GREENBERG TRAURIG LLP Cory Mitchell Gray, Esq. (033221992)

Michael A. Suleta, Esq. (027582007) 2700 Two Commerce Square 200 I Market Street Philadelphia, Pennsylvania 19103

(215) 988-7800 (Phone) (215) 988-780 I (Fax) Auorneys for Plaintiff

VENTURE THREE HOLDINGS LLC,

Plaintiff,

v.

BEL SCUDDERS 2 LLC; E.R. SQUIBB &

SONS, L.L.C.; and 777 SCUDDERS MILL

ROAD OFFICE CONDOMINIUM

ASSOCIATION, INC.,

Defendants.

FILED OCT 16 2017



MIDDLESEX COUNTY: CHANCERY DIVISION DOCKET NO. F-019187-17

Civil Action

CONSENT ORDER APPOINTING RECEIVER

THIS MATTER having been opened to the Court by Greenberg Traurig, LLP, attorneys for

VENTURE THREE HOLDINGS LLC ("Plaintiff" or "Lender"), 1 as successor in interest to U.S.

BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF

AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO LASALLE BANK

NATIONAL ASSOCIATION, FOR THE REGISTERED HOLDERS OF BEAR STEARNS

COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS

THROUGH CERTIFICATES, SERIES 2007-PWRIS, upon notice to defendants Bel Scudders 2

1 The motion for appointment of receiver was originally filed by plaintiff U.S. BANK NATIONAL ASSOCIATION,

AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS

SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, FOR THE REGISTERED

HOLDERS OF BEAR STEARNS COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL

MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007- PWR15. On September 29, 2017, an Amended

Complaint in Foreclosure was filed, which removed U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE,

SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY

MERGER TO LASALLE BANK NATIONAL ASSOCIATION, FOR THE REGISTERED HOLDERS OF BEAR

STEARNS COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH

CERTIFICATES, SERIES 2007- PWR15, as plaintiff, and substituted Venture Three Holdings LLC as plaintiff.

Substitute plaintiff, Venture Three Holdings LLC, moves to continue plaintiff's motion for the appointment of

receiver, and submits this consent order appointing receiver to, among other things, substitute plaintiff Venture

Three Holdings LLC as plaintiff and provide the limited consent of defendant E.R. Squibb & Sons, L.L.C. solely to

, SWC-F-019187-17 10/10/2017 1:22:05 PM Pg 2 of 13 Trans ID: CHC2017732227

LLC ("Borrower"), E.R. Squibb & Sons, L.L.C. ("Lessee") and 777 Scudders Mill Road Office

Condominium Association, Inc. ("Association," together with Borrower and Lessee, "Defendants"),

for an Order appointing LPC Commercial Services, Inc. as a rent receiver for the mortgaged

premises known as that cettain Condominium Unit Number 2, situated in the 777 Scudders Mill

Road Office Condominium, a condominium, in the Township of Plainsboro, Middlesex County,

New Jersey, including its undivided interest in the common elements assigned to such unit, pursuant

to N.J.S.A. § 46:8B-6 and the Master Deed, and being more pa1ticularly designated as condominium

unit number 2 within Block 70 I, Lots 16,02 and I 6.021, Qualifier C0002 on the official tax map of

the Township of Plainsboro, Middlesex County, New Jersey (the "Property").' The Comt upon

consideration of the papers submitted in support thereof, and Lessee, by and through its appearing

counsel, having consented to certain relief sought in paragraph 9d of this Consent Order Appointing

Receiver to render its opposition moot, and no othe~p~!(!~~f!pe~s;~~ ~:~n}~mitted, and

for good cause having been shown( 0 ~•.<··-.. t 0•·

0 /O, ''I'' 7

/1

IT IS on this ~/_? ___ day of _~/A_0_z:;_:C;_ .. •:t<_,_"·-~-----' 2017, ORDERED as fo Hows:

I. The relief sought in Plaintiffs motion is GRANTED upon the terms and conditions

set forth herein.

2, Service of the Motion was properly made upon Defendants,

3. Borrower is in default under the Loan Documents.

4, Plaintiff is entitled to the appointment of a receiver under the Loan Documents and

by law,

ce1tain relief sought in paragraph 9d of this Consent Order Appointing Receiver to render its opposition moot.

2 Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in Plaintiffs Amended

Complaint in Foreclosure filed in this action.


5. Nothing herein shall preclude Plaintiff from the concurrent or subsequent exercise of

any other rights or remedies under the other Loan Documents.

6. LPC Commercial Services, Inc., a Texas corporation, qualified to do business in the

State of New Jersey, in its capacity as a fiduciary of the Court, is hereby appointed receiver (the

"Receiver") of the Property, pursuant to this Order of Receivership (the "Receivership") for the

benefit and protection of Plaintiffs secured interest in the Property.

7. The Receiver is authorized and empowered by the Court, to immediately enter upon,

receive and take immediate possession of the Property and the rents, fees, dues, income and profits

generated therefrom and to hold, protect, insure, manage, operate the business of and control of the

Property.

8. Before entering upon its duties as a receiver, the Receiver shall enter into a bond to

the Superior Court for the faithful performance of its duties hereunder, in the·amount of $2,500.00.

9. The Receiver is authorized and empowered to manage, oversee and operate the

Property and to take any and all actions necessary and appropriate to fulfill its duties as Receiver in

accordance with this Order, state, local and federal laws and/or orders, regulations and applicable

agreements, and is hereby granted the following other duties, rights and powers:

a. possess, protect, preserve, insure, manage, maintain, improve, secure, and

control the Property until the earlier of a futther Order of this Court or the

consummation of a sale of the Property or the recording of a sheriffs deed

after the issuance of a Writ of Execution by this Coutt for the foreclosure sale

of the Property;

b. possess and access all records, agreements and devices pertaining to the

Property;

c. take immediate possession of all original keys, pass codes, records, books,

bank accounts, leases, security deposits of leases, operating licenses,

contracts, letters of intent, term sheets, side letters, sale agreements, property

management agreements and all other agreements, obligations and/or

materials relating to the operation and management of the Property, including


without limitation, all agreements between Borrower and its property

manager for the Property and all records stored in computer-readable

memory and any computer hardware or software necessary to access and

process such memory;

d. except as otherwise expressly limited herein, to collect and receive all rents,

income, fees, profits, issues and proceeds accruing from the Propetty and any

other sums of money owing to the Borrower, if any, including any such

amounts from any new tenants, and including any rents presently held in

escrow by any tenant of the Property, and use the same and such other funds

as may become available to the Receiver by way of advancement or

otherwise, in the payment of the expenses relating to the operation of the

Propetty arising on or after the date the Receiver takes possession of the

Property and any expenses of the Receivership ("Receivership Expenses")

with the remainder of such funds to be held and paid by the Receiver as

ordered below; provided, however, that the Receiver shall not be liable for

any expenses incurred, prior to the date the Receiver takes possession of the

Propetty ("Prior Expenses"), and shall not be required to use any rents,

advancements or other revenues collected after the Receiver takes possession

of the Pro petty for payment of any such Prior Expenses. If cash on hand and

collections received by the Receiver are insufficient to pay any Receivership

Expenses, the Receiver shall from time to time be permitted to receive from

the Plaintiff, subject to Plaintiffs consent (which consent may be withheld in

Plaintiffs sole and absolute discretion) funds advanced by Plaintiff in an

amount sufficient to pay such expenses as and when they come due, which

advances shall be obligations owing to Plaintiff under the terms of the Note

and the Loan Documents and secured by the Mortgage and as a first priority

lien on the Property. All such monies advanced by Plaintiff for the

preservation and maintenance of the Propetty, together with interest thereon,

shall be repaid, to the extent feasible, from the operating revenues of the

Property, whether such operating revenues are generated before, during or

after the Receivership. Notwithstanding the foregoing, the Receiver, with the

prior consent of Plaintiff (which consent may be withheld in Plaintiffs sole

and absolute discretion), may pay Prior Expenses, if any, as the Receiver

deems reasonably necessary in the exercise of its business judgment;

e. except as otherwise expressly limited herein, operate, disburse funds from,

and fund any depository, banking, brokerage, or other accounts related to the

Property; provided, however, that all funds in any such account maintained

shall remain collateral for the Loan in accordance with the Loan Documents;

f. employ, discharge, retain and fix the compensation and conditions such

agents, contractors, subcontractors, materialmen, architects, engineers,

consultants, managers, brokers, professionals and employees (including

without limitation, LPC Commercial Services, Inc.) necessary to assist in

managing, improving, leasing and securing the Property, and performing its

· SWC-F-019187-17 10/10/2017 1:22:05 PM Pg 5 of 13 Trans ID: CHC2017732227

duties as the Receiver; provided, however, that the Receiver shall not

terminate any agent, contractor or employee in a manner that causes Plaintiff

to incur any liability under the Workers Adjustment and Retraining

Notification Act (29 U.S.C. §§ 2101 to 2109) or any federal regulation

related thereto;

g. without further order of this Court, subject to Plaintiffs prior approval

(which approval may be granted or withheld in Plaintiffs sole and absolute

discretion), engage LPC Commercial Services, Inc. 's affiliated entities;

h. enter into, maintain, assume, renew, reinstate, modify, amend, enforce or

terminate ( as the case may be) without penalty, any contracts, agreements,

terms sheets, letters of intent or side letters as are reasonably necessary for

the management, operation of the business, marketing, improvement, repair,

security and preservation of the Property;

i. enter into, maintain, assume, renew, reject, enforce, modify, amend, and

cancel leases of the Property on terms and conditions approved by Plaintiff,

in Plaintiffs sole and absolute discretion, institute and prosecute all actions

or proceedings necessary to receive or recover rent and to receive or recover

possession of al I or any pait of the Property, including the authority to evict

tenants;

j. subjectto Plaintiffs prior approval, which may be withheld in Plaintiffs sole

and absolute discretion, lease the Prope1ty, on the best available terms,

including the authority to execute and deliver any and all necessary

documents to consummate any lease of the Property;

le subject to Plaintiffs prior approval, which may be withheld in Plaintiffs sole

and absolute discretion, retain LPC Commercial Services, Inc.'s brokerage

services, or other entity affiliated with the Receiver. Borrower shall not

oppose, impede, obstruct, hinder, enjoin, delay or otherwise interfere, and

will cooperate, to the extent that cooperation is requested and comply, with

the exercise by the Receiver of any steps taken by the Receiver to lease the

Property, and Borrower shall not have the right to paiticipate in the

Receiver's actions with respect to leasing, of the Prope1ty;

I. maintain existing policies of insurance and, subject to Plaintiffs approval,

purchase additional policies of insurance as the Receiver deems appropriate

for the preservation and protection of the Property; provided, however, that

the Receiver shall maintain, at all times, a policy or policies ofinsurance that

meet(s) the requirements of the Loan Documents, and the Receiver shall

name Plaintiff and Borrower as additional insureds, and Plaintiff as loss

payee on any such existing and/or future policy or policies;

m. protest assessments and pay taxes, sewer and water charges assessed against

the Property, and all other bills and charges incurred in the ordinary course of

· SWC-F-019187-17 10/10/20171:22:05 PM Pg 6 of 13 Trans ID: CHC2017732227

business or by authorization of the Court in the exercise of the Receiver's

duties with respect to the Propeity during the Receivership;

n. retain Greenberg Traurig, LLP, or any other legal counsel, to advise the

Receiver on legal matters that arise during the Receivership and to represent

the Receiver in any litigation in which the Receiver may become a party, and

compensate such firm(s) monthly at its customary hourly rates for attorneys

and legal assistants who render services on the Receiver's behalf, plus

expenses;

o. conduct an accounting of the operations of the Propeity from and after the

time of the appointment of the Receiver;

p. upon the express written consent of Plaintiff, defend all actions at law or in

equity which may be brought against the Receiver or against the Property and

bring all actions at law or in equity which the cause may require;

q. open new utility accounts or continue existing utility accounts for the

Propeity at the Receiver's discretion;

r. execute, endorse and deliver as Attorney-in-Fact and agent of the Borrower,

such documents, instruments, applications, certificates and other such matters

as are necessary or appropriate to implement and effectuate the rights and

powers set forth herein;

s. have and exercise any and all other powers under the Loan Documents not

expressly set faith herein, and carry out all duties under the powers granted

to the Receiver under the Mortgage and the Loan Documents, by the decree

of this Comt, by the New Jersey Rules of Court, and/or by any other

applicable law; and

t. petition the Comt for such other and further powers, authority and/or

instructions as the Receiver may deem necessary.

10. Borrower, and its partners, affiliates, employees, members and agents shall deliver

immediate possession of the Propetty to the Receiver.

11. Borrower and all persons acting in conceit with it are permanently enjoined from

interfering with the possession and operation of the Property by the Receiver pursuant to this Order.

12. Borrower and its heirs, successors, assigns, paitners, affiliates, representatives,

servants, contractors, officers, members, agents and employees are hereby enjoined from collecting

or accepting any deposits, dues, rents, payments, fees, incomes or profits arising from or related to


the Property. Any rents received by Borrower after entry of this Order shall be turned over to the

Receiver.

13. Borrower shall turn over to the Receiver all keys, pass codes and similar items within

one (I) business day after its receipt.of this Order and turn over all existing leases, subleases, letters

of intent, renewals, broker leasing agreements, property management agreements, operating

agreements, service agreements, assignments (including all amendments) or other agreements of any

kind whatsoevet· for the Property and/or between Borrower and Borrower's property manager for the

Property and all manner of operating bank accounts, books and records relating to the Prope1ty

within three (3) business days after its receipt of this Order.

14. Borrower shall turn over promptly to the Receiver any and all accounts, rents,

income, revenue and profits arising out of the management, operation or ownership of the Prope1ty

that it receives on or after the Receiver takes possession of the Prope1ty.

15. Borrower shall maintain all currently existing insurance policies on the Prope1ty until

expiration of the existing insurance term of coverage, provided that such term expires after entry of

this Order. Borrower, within five (5) business days of the entry of this Order, shall confirm the

payment for existing insurance coverage for the Property is current (upto the date of the entry of this

Order), and shall cause the Receiver and the Plaintiff to be named as additional insureds and/or loss

payees, as applicable, on any existing insurance policies (pre-paid or otherwise) or new or additional

insurance coverage obtained for the Property.

16. During the pendency of this Receivership, all tenants of the Prope1ty shall pay all

rents and other sums owing under leases directly to the Receiver and are hereby enjoined from

paying said sums to any person or entity except the Receiver or its designated agent.


17. Borrower shall direct the manager and the management entity operating the Property

prior to the appointment of the Receiver to immediately pay to the Receiver all monies, deposits,

income, revenue and profits received from the operations, leases, rental or concessions of the

Property which shall be subject to the Plaintiffs lien, and, to the extent that such management entity

is retained by the Receiver, any checks or disbursements by the management entity pursuant to its

management agreement shall be signed by the Receiver or its designee, subject to the right and

discretion of the Receiver to establish an account ( either in a single amount or an aggregate amount

during an interval of time) under which checks do not have to be signed by the Receiver or its

designee.

18. Any funds advanced by Plaintiff to the Receiver from time to time during the

pendency of the Receivership shall be secured by a first priority lien on the Property.

19. All funds in any account maintained by the Receiver pursuant to this Order shall

remain collateral for the Loan in accordance with the terms of the Loan Documents and after

payment of all amounts required by this Order, shall be paid to Plaintiff upon the earliest to occur of

(i) the consummation of sale of all or any part of the Property, whether by judicial foreclosure sale or

otherwise, (ii) a final judgment of the Court is entered terminating the Receivership created by Order

of the Comt, or (iii) further Order of this Court.

20. Nothing contained in this Order constitutes, or shall be construed to constitute, an

assumption of any of the lease, contracts or agreements currently existing with respect to the

Property by Plaintiff or Receiver or the waiver by Plaintiff or Receiver of any defaults under any

such leases, contracts or agreements.

21. Within fifteen (15) days of the entry of this Order and thereafter at least forty-five

( 45) days prior to the start of each calendar year, the Receiver shall prepare (i) a proposed operating


budget, and (ii) a proposed capital budget (including tenant improvements, leasing commissions and

capital improvement expenditures not to exceed $7,500) for the Property, both of which shall be

subject to the approval of Plaintiff.

22. The Receiver shall make interim distributions of income from the Property to the

Plaintiff on the fifteenth (I 5th) day of each month to pay the excess of any receipts over budgeted

expenses and the payment of current operating expenses to Plaintiff or such other frequency as is

acceptable to Plaintiff to apply against the indebtedness evidenced by the Note in accordance with

the terms therein and under any other Loan Documents.

23. On or before the fifteenth (15th) day of each month, the Receiver shall make an

accounting of all rents and revenues collected and all expenses paid for the previous month, shall file

said accounting with the Court and shall serve a copy of said accounting on Plaintiff and Borrower.

24. In carrying out its duties hereunder, the Receiver shall provide property management

services consistent with property management practices for a court-appointed receiver of office

buildings of comparable type, class, age and condition in the Township of Plainsboro, Middlesex

County, New Jersey and the surrounding area.

25. The Receiver shall be compensated without futther Order of the Court for its services

at its standard rates, plus reimbursement for all expenses, from the rents, income and proceeds of the

Prope1ty.

26. Ifand when judicial sale of the Propetiy shall have been consummated and ratified, or

upon the sale of the Propetty in accordance with any other Order of this Court, or in the event of a

modification, restructuring, workout, amendment, or other change in terms of the Loan that provides

for the tennination or cessation of this Receivership, the Receiver shall thereupon be discharged and

relieved from the Receiver's duties under this Order, within fomteen (14) days'ofthe date thereof,


provided, however, that Receiver shall render a final repo1t concerning the operations of the

Property and/or the sale thereof to this Court within thi1ty (30) days after the consummation of such

sale and deliver to Plaintiff or third patty purchaser the Property's books and records, other items

necessary to operate the Property and all remaining cash.

27. Plaintiff may contact any party or patties who have expressed any interest in

purchasing the Property and negotiate the terms of such purchase; provided however, that no such

contact with potential purchasers shall cause or be deemed to cause Plaintiff to be a m01tgagee in

possession of the Property or otherwise subject Plaintiff to any liability under the Loan Documents

or otherwise. The appointment of the Receiver shall not impair, and Plaintiff is authorized and

permitted to exercise, any and all available rights and remedies under the Loan Documents, under

Article 9 of the Uniform Commercial Code as enacted in the State ofNew Jersey or under any other

applicable law governing such rights: provided, however, that nothing in this Ot·der shall prohibit,

restrict, or limit in any way (i) Plaintiff and Borrower from modifying, restructuring, working out,

amending or otherwise changing the terms of the Loan, which may be made without the Receiver's

consent and without this Comt's approval, (ii) Plaintiff's right to foreclose, and (iii) Plaintiffs

interest in the rents, issues, profits, and revenues of the Property.

28. Nothing herein shall constitute a waiver, modification, relinquishment or forbearance

by Plaintiff of any of Plaintiffs rights and remedies underthe Loan Documents.


assumption of any of the leases, contracts or agreements currently existing with respect to the

Property by Plaintiff or the Receiver or the waiver by Plaintiff or the Receiver of any defaults under

any such leases, contracts or agreements.

, SWC-F-019187-17 10/10/20171:22:05 PM Pg 11 of 13 Trans ID: CHC2017732227

30, Neither Plaintiff nor the Receiver shall be liable for any obligation of Borrower

relating to the Property that arose prior to the issuance of an Order by this Court, including, without

limitation, any contingent or unliquidated obligations, nor shall Plaintiff or Receiver be obligated to

advance any funds to pay any expense of maintenance or other liability of the Property that arose or

accrned prior to entry of this Order,

3 L Neither the appointment of the Receiver, nor any required consent of Plaintiff

required hereunder, by the Loan Documents, or otherwise shall render or cause, or shall be deemed

to render or cause Plaintiff to be the owner or a mortgagee-in-possession of the Property, or subject

Plaintiff to any liability hereunder or otherwise, The Receiver is acting as an officer of the Court

and not as an agent of any party to this matter, and nothing contained herein shall be deemed to have

conferred upon Plaintiff the status ofmmtgagee-in-possession of the Property,

32, Intentionally Omitted,

3 3, No individual or entity may succeed or replace the Receiver appointed by this Order

without the express written consent of Plaintiff and further order of this Court: provided, however,

that the Receiver may be removed automatically thirty (30) days after the filing of a written demand

for removal signed by Plaintiffs counsel and filed with the Coutt, in which case a successor receiver

can be appointed by a stipulated order on behalf of Plaintiff and Defendants,

34, Immediately upon the termination of the Receivership, the Receiver shall turnover the

Prope1ty and any other funds, accounts or property given to the Receiver pursuant to this Order to

Plaintiff or its designee unless otherwise ordered by the Court,

35, Without limiting any other rights or immunities the Receiver may have at law or in

equity, the Receiver shall have no liability for acts or omissions made by or on the Receiver's behalf

in the Receiver's capacity as the Receiver of the Prope1ty, so long as such acts or omissions are made

· SWC-F-019187-17 10/10/20H 1:22:05 PM Pg 12 of 13 Trans ID: CHC2017732227

in good faith, without gross negligence or willful misconduct, and in a manner that the Receiver

reasonably believes is in the best interests of the Property; no person or entity shall file suit against

the Receiver, or take other action against the Receiver, without an order of this Court permitting the

suit or action; provided, however, that no prior court order is required to file a motion in this action

to enforce the provisions of this Order or any other order of this Court in this action; and the

Receiver and its employees, agents, and attorneys shall have no personal liability in connection with

any liabilities, obligations, liens, or amounts owed to any of Borrower's creditors because of its

duties as Receiver.

36. The Receiver shall comply with all laws applicable to the operation of the Property as

provided under any laws of the United States, the State of New Jersey and otherwise.

37. The Receiver shall be subject to further Order of this Court and may petition the

Court for such other and further powers, authority, and/or instructions as the Receiver may deem

necessary.

38. Nothing herein shall prevent Plaintiff from continuing to prosecute any foreclosure

action in connection with the Property.

39. This Order is effective immediately upon its issuance by this Court.

SWC-F-019187-17 10/10/20171:22:05 PM Pg 13 of 13 Trans ID: CHC2017732227

40. A copy of this Order shall be served by regular mail upon all cou11sel of record within

seven (7) days after receipt by Plaintiffs counsel.

CONSENTED TO AS TO ENTRY OF THE PORTION OF SUBPARAGRAPH d· OF PARAGRAPH. 9 OF THE ABOVE CONSENT ORDER APPOINTING RECEIVER AUTHORIZING THE RECEIVER TO RECEIVE AND COLLECT MONEY OWING TO THE BORROWER, WHICH RENDERS ITS OPPOSITION MOOT;

STEVENS & LEE, a PA Professional Corporation

~ a,' );lr-· By: __________ ~

Harry A. Horwitz, Esquire (Attorney I.D, No. 012401979) Attorneys for Defendant E.R. Squibb & Sons, L.L. C.

Dated: October}!!___, 2017


GREENBERG TRAURIG LLP Cory Mitchell Gray, Esq. (033221992)

Michael A. Suleta, Esq. (027582007)

2700 Two Commerce Square

2001 Market Street Philadelphia, Pennsylvania 19103

(215) 988-7800 (Phone)

(215) 988-7801 (Fax) Attorneys for Plaintiff

VENTURE FOUR HOLDINGS LLC,

Plaintiff,

V.

BEL SCUDDERS 3 LLC; E.R. SQUIBB &

SONS, L.L.C.; and 777 SCUDDERS MILL

ROAD OFFICE CONDOMINIUM

ASSOCIATION, INC.,

Defendants.

FILED OCT 16 2017

ARNOLD L, NA TALI JR., P.J.Ch.

. SUPERIOR COURT OF NEW JERSEY

MIDDLESEX COUNTY:

CHANCERY DIVISION


Civil Action

CONSENT ORDER APPOINTING RECEIVER

THIS MATTER having been opened to the Court by Greenberg Traurig, LLP, attorneys for

VENTURE FOUR HOLDINGS LLC ("Plaintiff' or "Lender"),' as successor in interest to U.S.

BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF

AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO LASALLE BANK

NATIONAL ASSOCIATION, FOR THE REGISTERED HOLDERS OF BEAR STEARNS

COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS

THROUGH CERTIFICATES, SERIES 2007-PWRIS, upon notice to defendants Bel Scudders 3

1 The motion for appointment ofreceiver was originally filed by plaintiff U.S. BANK NATIONAL ASSOCIATION,

AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS

SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIA TJON, FOR THE REGISTERED

HOLDERS OF BEAR STEARNS COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL

MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007- PWR15. On September 29, 2017, an Amended

Complaint in Foreclosure was filed, which removed U.S. BANI( NATIONAL ASSOCIATION, AS TRUSTEE,

SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY

MERGER TO LASALLE BANK NATIONAL ASSOCIATION, FOR THE REGISTERED HOLDERS OF BEAR

STEARNS COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH

CERTIFICATES, SERIES 2007- PWR15, as plaintiff, and substituted Venture Four Holdings LLC as plaintiff.

Substitute plaintiff, Venture Four Holdings LLC, moves to continue plaintiffs motion for the appointment of

receiver, and submits this consent order appointing receiver to, among other things, substitute plaintiff Venture Four

Holdings LLC as plaintiff and provide the limited consent of defendant E.R. Squibb & Sons, L.L.C. solely to ce11ain


LLC ("Borrower"), E.R. Squibb & Sons, L.L.C. ("Lessee") and 777 Scudders Mill Road Office

Condominium Association, Inc. ("Association," together with Borrower and Lessee, "Defendants"),

for an Order appointing LPC Commercial Services, Inc. as a rent receiver for the mortgaged

premises known as that certain Condominium Unit Number 3, situated in the 777 Scudders Mill

Road Office Condominium, a condominium, in the Township of Plainsboro, Middlesex County,

New Jersey, including its undivided interest in the common elements assigned to such unit, pursuant

to N.J.S.A. § 46:SB-6 and the Master Deed, and being more pa1ticularly designated as condominium

unit number 3 within Block 70 I, Lots 16.03 and 16.031, Qualifier C0003 on the official tax map of

the Township of Plainsboro, Middlesex County, New Jersey (the "Property").' The Court upon

consideration of the papers submitted in support thereof, and Lessee, by and through its appearing

counsel, having consented to certain relief sought in paragraph 9d of this Consent Order Appointing

Receiver to render its opposition moot, and no other opposition papers having been submitted, and

for good cause having been shown/ ,:z,.C jc, ;,,-;:u,:,,,, ;L_ ex- ct:, 0~'-~:;1;,'_ /7

pl

/-, /fl -,- #

IT IS on this_, _,_' __ day of_~uLr_' _lA_--"-_"'_[),_<" ____ , 2017, ORDERED as follows:

I. The relief sought in Plaintiffs motion is GRANTED upon the terms and conditions

set f01th herein.

2. Service of the Motion was properly made upon Defendants.

3. Borrower is in default under the Loan Documents.

4. Plaintiff is entitled to the appointment of a receiver under the Loan Documents and

by law.

relief sought in paragraph 9d of this Consent Order Appointing Receiver to render its opposition moot.

2 Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in Plaintiffs Amended

Complaint in Foreclosure filed in this action.


5. Nothing herein shall preclude Plaintiff from the concurrent or subsequent exercise of

any other rights or remedies under the other Loan Documents.

6. LPC Commercial Services, Inc., a Texas corporation, qualified to do business in the

State of New Jersey, in its capacity as a fiduciary of the Court, is hereby appointed receiver (the

"Receiver") of the Prope1ty, pursuant to this Order of Receivership (the "Receivership") for the

benefit and protection of Plaintiffs secured interest in the Property.

7. The Receiver is authorized and empowered by the Comt, to immediately enter upon,

receive and take immediate possession of the Property and the rents, fees, dues, income and profits

generated therefrom and to hold, protect, insure, manage, operate the business of and control of the

Property.

8. Before entering upon its duties as a receiver, the Receiver shall enter into a bond to

the Superior Comt for the faithful performance of its duties hereunder, in the amount of $2,500.00.

9. The Receiver is authorized and empowered to manage, oversee and operate the

Property and to take any and all actions necessary and appropriate to fulfill its duties as Receiver in

accordance with this Order, state, local and federal laws and/or orders, regulations and applicable

agreements, and is hereby granted the following other duties, rights and powers:

a. possess, protect, preserve, insure, manage, maintain, improve, secure, and

control the Prope1ty until the earlier of a further Order of this Court or the

consummation of a sale of the Property or the recording of a sheriffs deed

after the issuance of a Writ of Execution by this Court for the foreclosure sale

of the Property;

b. possess and access all records, agreements and devices pertaining to the

Property;

c. take immediate possession of all original keys, pass codes, records, books,

bank accounts, leases, security deposits of leases, operating licenses,

contracts, letters of intent, term sheets, side letters, sale agreements, prope1ty

management agreements and all other agreements, obligations and/or

materials re la ting to the operation and management of the Prope1ty, including


without limitation, all agreements between Borrower and its prope1ty

manager for the Property and all records stored in computer-readable

memory and any computer hardware or software necessary to access and

process such memory;

d. except as otherwise expressly limited herein, to collect and receive all rents,

income, fees, profits, issues and proceeds accruing from the Property and any

other sums of money owing to the Borrower, if any, including any such

amounts from any new tenants, and including any rents presently held in

escrow by any tenant of the Property, and use the same and such other funds

as may become available to the Receiver by way of advancement or

otherwise, in the payment of the expenses relating to the operation of the

Property arising on or after the date the Receiver takes possession of the

Property and any expenses of the Receivership ("Receivership Expenses")

with the remainder of such funds to be held and paid by the Receiver as

ordered below; provided, however, that the Receiver shall not be liable for

any expenses incurred, prior to the date the Receiver takes possession of the

Property ("Prior Expenses"), and shall not be required to use any rents,

advancements or other revenues collected after the Receiver takes possession

of the Property for payment of any such Prior Expenses. If cash on hand and

collections received by the Receiver are insufficient to pay any Receivership

Expenses, the Receiver shall from time to time be permitted to receive from

the Plaintiff, subject to Plaintiffs consent (which consent may be withheld in

Plaintiffs sole and absolute discretion) funds advanced by Plaintiff in an

amount sufficient to pay such expenses as and when they come due, which

advances shall be obligations owing to Plaintiff under the terms of the Note

and the Loan Documents and secured by the M01tgage and as a first priority

.lien on the Property. All such monies advanced by Plaintiff for the

preservation and maintenance of the Property, together with interest thereon,

shall be repaid, to the extent feasible, from the operating revenues of the

Property, whether such operating revenues are generated before, during or

after the Receivership. Notwithstanding the foregoing, the Receiver, with the

prior consent of Plaintiff (which consent may be withheld in Plaintiffs sole

and absolute discretion), may pay Prior Expenses, if any, as the Receiver

deems reasonably necessary in the exercise of its business judgment;

e. except as otherwise expressly limited herein, operate, disburse funds from,

and fund any depository, banking, brokerage, or other accounts related to the

Propetty; provided, however, that all funds in any such account maintained

shall remain collateral for the Loan in accordance with the Loan Documents;

f. employ, discharge, retain and fix the compensation and conditions such

agents, contractors, subcontractors, materialmen, architects, engineers,

consultants, managers, brokers, professionals and employees (including

without limitation, LPC Commercial Services, Inc.) necessa1y to assist in

managing, improving, leasing and securing the Property, and performing its


duties as the Receiver; provided, however, that the Receiver shall not

terminate any agent, contractor or employee in a manner that causes Plaintiff

to incur any liability under the Workers Adjustment and Retraining

Notification Act (29 U.S.C. §§ 2101 to 2109) or any federal regulation

related thereto;

g. without further order of this Court, subject to Plaintiffs prior approval

(which approval may be granted or withheld in Plaintiffs sole and absolute

discretion), engage LPC Commercial Services, Inc.'s affiliated entities;

h. enter into, maintain, assume, renew, reinstate, modify, amend, enforce or

terminate (as the case may be) without penalty, any contracts, agreements,

terms sheets, letters of intent or side letters as are reasonably necessary for

the management, operation of the business, marketing, improvement, repair,

security and preservation of the Property;

1. enter into, maintain, assume, renew, reject, enforce, modify, amend, and

cancel leases of the Prope1ty on terms and conditions approved by Plaintiff,

in Plaintiffs sole and absolute discretion, institute and prosecute all actions

or proceedings necessary to receive or recover rent and to receive or recover

possession of all or any part of the Property, including the authority to evict

tenants;

j. subject to Plaintiffs prior approval, which may be withheld in Plaintiffs sole

and absolute discretion, lease the Property, on the best available terms,

including the authority to execute and deliver any and all necessary

documents to consummate any lease of the Property;

k. subject to Plaintiffs prior approval, which may be withheld in Plaintiff's sole

and absolute discretion, retain LPC Commercial Services, Inc.'s brokerage

services, or other entity affiliated with the Receiver. Borrower shall not

oppose, impede, obstruct, hinder, enjoin, delay or otherwise interfere, and

will cooperate, to the extent that cooperation is requested and comply, with

the exercise by the Receiver of any steps taken by the Receiver to lease the

Prope1ty, and Borrower shall not have the right to participate in the

Receiver's actions with respect to leasing, of the Property;

I. maintain existing policies of insurance and, subject to Plaintiffs approval,

purchase additional policies of insurance as the Receiver deems appropriate

for the preservation and protection of the Property; provided, however, that

the Receiver shall maintain, at all times, a policy or policies of insurance that

meet(s) the requirements of the Loan Documents, and the Receiver shall

name Plaintiff and Borrower as additional insureds, and Plaintiff as loss

payee on any such existing and/or future policy or policies;

m. protest assessments and pay taxes, sewer and water charges assessed against

the Property, and all other bills and charges incurred in the ordinary course of


business or by authorization of the Court in the exercise of the Receiver's

duties with respect to the Prnperty during the Receivership;

n. retain Greenberg Traurig, LLP, or any other legal counsel, to advise the

Receiver on legal matters that arise during the Receivership and to represent

the Receiver in any litigation in which the Receiver may become a party, and

compensate such firm(s) monthly at its customary hourly rates for attorneys

and legal assistants who render services on the Receiver's behalf, plus

expenses;

o. conduct an accounting of the operations of the Property from and after the

time of the appointment of the Receiver;

p. upon the express written consent of Plaintiff, defend all actions at law or in

equity which may be brought against the Receiver or against the Property and

bring all actions at law or in equity which the cause may require;

q. open new utility accounts or continue existing utility accounts for the

Property at the Receiver's discretion;

r. execute, endorse and deliver as Attorney-in-Fact and agent of the Borrower;

such documents, instruments, applications, ce1tificates and other such matters

as are necessary or appropriate to implement and effectuate the rights and

powers set forth herein;

s. have and exercise any and all other powers under the Loan Documents not

expressly set forth herein, and carry out all duties under the powers granted

to the Receiver under the Mortgage and the Loan Documents, by the decree

of this Comt, by the New Jersey Rules of Comt, and/or by any other

applicable law; and

t. petition the Court for such other and further powers, authority and/or

instructions as the Receiver may deem necessary.

10. Borrower, and its partners, affiliates, employees, members and agents shall deliver

immediate possession of the Prope1ty to the Receiver.

11. Borrower and all persons acting in concert with it are permanently enjoined from

interfering with the possession and operation of the Propetty by the Receiver pursuant to this Order.

12. Borrower and its heirs, successors, assigns, pa1tners, affiliates, representatives,

servants, contractors, officers, members, agents and employees are hereby enjoined from collecting

or accepting any deposits, dues, rents, payments, fees, incomes or profits arising from or related to


the Property. Any rents received by Borrower after entry of this Order shall be turned over to the

Receiver.

13. Borrower shall turn over to the Receiver all keys, pass codes and similar items within

one (I) business day after its receipt of this Order and turn over all existing leases, subleases, letters

of intent, renewals, broker leasing agreements, property management agreements, operating

agreements, service agreements, assignments (including all amendments) or other agreements of any

kind whatsoever for the Property and/or between Borrower and Borrower's property manager for the

Property and all manner of operating bank accounts, books and records relating to the Property

within three (3) business days after its receipt of this Order.

14. Borrower shall turn over promptly to the Receiver any and all accounts, rents,

income, revenue and profits arising out of the management, operation or ownership of the Property

that it receives on or after the Receiver takes possession of the Property.

15. Borrower shall maintain all currently existing insurance policies on the Propetty until

expiration of the existing insurance term of coverage, provided that such term expires after entry of

this Order. Borrower, within five (5) business days of the entry of this Order, shall confirm the

payment for existing insurance coverage for the Property is current ( up to the date of the entry of this

Order), and shall cause the Receiver and the Plaintiff to be named as additional insureds and/or loss

payees, as applicable, on any existing insurance policies (pre-paid or otherwise) or new or additional

insurance coverage obtained for the Property.

l 6. During the pendency of this Receivership, all tenants of the Propeity shall pay all

rents and other sums owing under leases directly to the Receiver and are hereby enjoined from

paying said sums to any person or entity except the Receiver or its designated agent.


17. Borrower shall direct the manager and the management entity operating the Propetty

prior to the appointment of the Receiver to immediately pay to the Receiver all monies, deposits,

income, revenue and profits received from the operations, leases, rental or concessions of the

Property which shall be subject to the Plaintiff's lien, and, to the extent that such management entity

is retained by the Receiver, any checks or disbursements by the management entity pursuant to its

management agreement shall be signed by the Receiver or its designee, subject to the right and

discretion of the Receiver to establish an account (either in a single amount or an aggregate amount

during an interval of time) under which checks do not have to be signed by the Receiver or its

designee.

18. Any funds advanced by Plaintiff to the Receiver from time to time during the

pendency of the Receivership shall be secured by a first priority lien on the Property.

19. All funds in any account maintained by the Receiver pursuant to this Order shall

remain collateral for the Loan in accordance with the terms of the Loan Documents and after

payment of all amounts required by this Order, shall be paid to Plaintiff upon the earliest to occur of

(i) the consummation of sale of all or any patt of the Property, whether by judicial foreclosure sale or

otherwise, (ii) a final judgment of the Comt is entered te1minating the Receivership created by Order

of the Comt, or (iii) further Order of this Court.


assumption of any of the lease, contracts or agreements currently existing with respect to the

Property by Plaintiff or Receiver or the waiver by Plaintiff or Receiver of any defaults under any

such leases, contracts or agreements.

21. Within fifteen (15) days of the entry of this Order and thereafter at least forty-five

(45) days prior to the start of each calendar year, the Receiver shall prepare (i) a proposed operating


budget, and (ii) a proposed capital budget (including tenant improvements, leasing commissions and

capital improvement expenditures not to exceed $7,500) for the Property, both of which shall be

subject to the approval of Plaintiff.

22. The Receiver shall make interim distributions of income from the Property to the

Plaintiff on the fifteenth (I 5th) day of each month to pay the excess of any receipts over budgeted

expenses and the payment of current operating expenses to Plaintiff or such other frequency as is

acceptable to Plaintiff to apply against the indebtedness evidenced by the Note in accordance with

the terms therein and under any other Loan Documents.

23. On or before the fifteenth (15th) day of each month, the Receiver shall make an

accounting of all rents and revenues collected and all expenses paid for the previous month, shall file

said accounting with the Court and shall serve a copy of said accounting on Plaintiff and Borrower.

24. ln carrying out its duties hereunder, the Receiver shall provide property management

services consistent with propetty management practices for a comt-appointed receiver of office

buildings of comparable type, class, age and condition in the Township of Plainsboro, Middlesex

County, New Jersey and the surrounding area.

25. The Receiver shall be compensated without further Order of the Court for its services

at its standard rates, plus reimbursement for all expenses, from the rents, income and proceeds of the

Prope1ty.

26. Ifand when judicial sale of the Prope1ty shall have been consummated and ratified, or

upon the sale of the Prope1ty in accordance with any other Order of this Court, or in the event of a

modification, restructuring, workout, amendment, or other change in tenns of the Loan that provides

for the termination or cessation of this Receivership, the Receiver shall thereupon be discharged and

relieved from the Receiver's duties under this Order, within fourteen (14) days of the date thereof,


provided, however, that Receiver shall render a final report concerning the operations of the

Property and/or the sale thereof to this Court within thirty (30) days after the consummation of such

sale and deliver to Plaintiff or third patty purchaser the Propetty's books and records, other items

necessary to operate the Propetty and all remaining cash.

27. Plaintiff may contact any patty or patties who have expressed any interest in

purchasing the Prope1ty and negotiate the terms of such purchase; provided however, that no such

contact with potential purchasers shall cause or be deemed to cause Plaintiff to be a mortgagee in

possession of the Prope1ty or otherwise subject Plaintiff to any liability under the Loan Documents

or otherwise. The appointment of the Receiver shall not impair, and Plaintiff is authorized and

permitted to exercise, any and all available rights and remedies under the Loan Documents, under

A1ticle 9 of the Uniform Commercial Code as enacted in the State of New Jersey or under any other

applicable law governing such rights; provided, however, that nothing in this Order shall prohibit,

restrict, or limit in any way (i) Plaintiff and Borrower from modifying, restructuring, working out,

amending or otherwise changing the terms of the Loan, which may be made without the Receiver's

consent and without this Court's approval, (ii) Plaintiffs right to foreclose, and (iii) Plaintiffs

interest in the rents, issues, profits, and revenues of the Pro petty.

28. Nothing herein shall constitute a waiver, modification, relinquishment or forbearance

by Plaintiff of any of Plaintiffs rights and remedies under the Loan Documents.


assumption of any of the leases, contracts or agreements currently existing with respect to the

Propetty by Plaintiff or the Receiver or the waiver by Plaintiff or the Receiver of any defaults under

any such leases, contracts or agreements.


30. Neither Plaintiff nor the Receiver shall be liable for any obligation of Borrower

relating to the Prope1ty that arose prior to the issuance of an Order by this Comt, including, without

limitation, any contingent or unliquidated obligations, nor shall Plaintiff or Receiver be obligated to

advance any funds to pay any expense of maintenance or other liability of the Property that arose or

accrued prior to entry of this Order.

31. Neither the appointment of the Receiver, nor any required consent of Plaintiff

required hereunder, by the Loan Documents, or otherwise shall render or cause, or shall be deemed

to render or cause Plaintiff to be the owner or a m01tgagee-in-possession of the Property, or subject

Plaintiff to any liability hereunder or otherwise. The Receiver is acting as an officer of the Court

and not as an agent of any patty to this matter, and nothing contained herein shall be deemed to have

conferred upon Plaintiff the status of mortgagee-in-possession of the Property.

32. Intentionally Omitted.

33. No individual or entity may succeed or replace the Receiver appointed by this Order

without the express written consent of Plaintiff and further order of this Court; provided, however,

that the Receiver may be removed automatically thitty (30) days after the filing of a written demand

for removal signed by Plaintiffs counsel and filed with the Court, in which case a successor receiver

can be appointed by a stipulated order on behalf of Plaintiff and Defendants.

34. Immediately upon the termination of the Receivership, the Receiver shall turnover the

Property and any other funds, accounts or property given to the Receiver pursuant to this Order to

Plaintiff or its designee unless otherwise ordered by the Court.

35. Without limiting any other rights or immunities the Receiver may have at law or in

equity, the Receiver shall have no liability for acts or omissions made by or on the Receiver's behalf

in the Receiver's capacity as the Receiver of the Prope1ty, so long as such acts or omissions are made


in good faith, without gross negligence or willful misconduct, and in a manner that the Receiver

reasonably believes is in the best interests of the Prope1iy; no person or entity shall file suit against

the Receiver, or take other action against the Receiver, without an order of this Court permitting the

suit or action; provided, however, that no prior court order is required to file a motion in this action

to enforce the provisions of this Order or any other order of this Court in this action; and the

Receiver and its employees, agents, and attorneys shall have no personal liability in connection with

any liabilities, obligations, liens, or amounts owed to any of Borrower's creditors because of its

duties as Receiver.

36. The Receiver shall comply with all laws applicable to the operation of the Property as

provided under any laws of the United States, the State of New Jersey and otherwise.

37. The Receiver shall be subject to fwiher Order of this Court and may petition the

Court for such other and further powers, authority, and/or instructions as the Receiver may deem

necessary.

38. Nothing herein shall prevent Plaintiff from continuing to prosecute any foreclosure

action in connection with the Property.

39. This Order is effective immediately upon its issuance by this Cowi.


40. A copy of this Order shall be served by regular mail upon all counsel of record within

seven (7) days after receipt by Plaintiffs .counsel.

CONSENTED TO AS TO ENTRY OF THE PORTION OF SUBPARAGRAPH d OF PARAGRAPH 9 OF THE ABOVE CONSENT ORDER APPOINTING RECEIVER AUTHORIZING THE RECEIVER TO RECEIVE AND COLLECT MONEY OWING TO THE BORROWER, WHICH RENDERS ITS OPPOSITION MOOT:

STEVENS & LEE, a PA Professional Corporation

//,-, {( I)~ By: ____ " ______ _

Harry A. Horwitz, Esquire (Attorney l.D. No. 012401979) Attorneys for Defendant E.R. Squibb & Sons, L.L.C.

Dated: October__!!_, 2017

SWC-F-041591-15 09/27/2017 10:00:20 AM Pg 1 of2Trans ID: CHC2017704968

687675 PHELAN HALLINAN DIAMOND & JONES, P.C.

400 Fellowship Road, Suite 100 FILED

OC1 / 6 20\1 ARNOLD L NATALI JR., P.J.Ch.

Mt. Laurel, NJ 08054 (856) 813-5500 Attorneys for Plaintiff By: William Aitken, Esquire

Attorne ID: 037591985

U.S. BANK NATIONAL

ASSOCIATION, AS TRUSTEE FOR

CITIGROUP MORTGAGE LOAN

TRUST, INC. 2006-HE3, ASSET

BACKED PASS-THROUGH

CERTIFICATES SERIES 2006-HE3

PLAINTIFF

V.

DENISE JILUS, ET AL. DEFENDANTS


CHANCERY DIVISION

MIDDLESEX COUNTY


CIVIL ACTION

ORDER RE-RECORDING A PHOTOCOPY

OF THE MORTGAGE TO INCLUDE THIRD

PAGE

THIS MATTER having been brought before the Court on motion of Phelan Hallinan

Diamond & Jones, P.C., William Aitken, Esquire, appearing on behalf of U.S. Bank National

Association, as Trustee for Citigroup Mortgage Loan Trust, Inc. 2006-HE3, Asset-Backed Pass

Through Certificates Series 2006-HE3 (hereinafter "Plaintiff') for an Order Re-recording a . ,~,, Photocopy of the Mortgage to Include the Third Page; and for good cause show;f ,,y,_ ,:4

IT IS on this/ tf; day of tF.cd.,f..c,c, 2017, ORDERED and ADJUDGED:

1. THAT a photocopy of the mortgage given on October 2, 2006 by Denise Jilus and

Wilnus Jilus to Mortgage Electronic Registration Systems, Inc., As Nominee For Challenge

Financial Investors Corp., Its Successors And Assigns and recorded on October 26, 2006 in the

Mottgage Book 11923, page 199 in the land records of Middlesex County, in its entirety, is

hereby attached to this Comt's Order as "Exhibit A", and shall become a part of this Order; and,

/0.-tbtf


2. THAT the Middlesex County Clerk's Office is directed to record this Order in the

appropriate book to reflect the correct mortgage, in its entirety, on the above named property;

and,

3. THAT all foreclosure pleadings are deemed reformed; and,

4. THAT Plaintiff may proceed with its application for entry of Final Judgmen~

__ Opposed

y;> Unopposed

')

;~,,«Lr t/{,th4 fl /Jc Honor~;_; ARNOLD L. NATAL JFf.. P.J.Ch.



56 Paterson Street Post Office Box 964


U.S. BANK NATIONAL ASSOCIATION,

AS TRUSTEE FOR CREDIT SUISSE

FIRST BOSTON MORTGAGE

SECURITIES CORP., CSMC/

MORTGAGE-BACKED PASS

THROUGH CERTIFICATES, SERIES

2006-1,

PLAINTIFF,

V.

MOHAMMAD A. SHEIKH, ET AL.,

DEFENDANTS

F\LED OCT 16 2011



CHANCERY DIVISION

MIDDLESEX COUNTY

DOCKET NO.: F-38041-09

CIVIL ACTION

ORDER

THIS MATTER having come before the Court by way of a Motion to Enter Final

Judgment filed by Sheni Braunstein, Esquire, of the Law Offices of Phelan, Hallinan, Diamond &

Jones, P.C., appearing as counsel for U.S. Bank National Association ("Plaintiff'), and the Court

having considered the submissions of the parties and having heard the arguments of counsel, for

good cause having been shown, and for the reasons stated on the record on October 13, 2017:


ORDERED that Plaintiffs motion for Entry of Final Judgment shall be canied to October

27,2017;and

IT IS FURTHER ORDERED that by October 17, 2017, the Defendant may submit a

supplemental certification of Mohammad A. Sheikh; and

IT IS FURTHER ORDERED that by October 23, 2017, the Plaintiff shall submit the

information requested by the Court in response to the Notice to Cure issue, a certification of the

business records of the submitted information; and a certification addressing the status of an active

loan modification and the information that was communicated to the Defendant with respect to it;

and

IT IS FURTHER ORDERED that counsel for Plaintiff shall serve a copy of this Order

upon all counsel of record within five (5) days of the date of this Order.

HON. ARNOLD L. NATALI JR., P.J.Ch.


655651 PHELAN HALLINAN DIAMOND & JONES, PC

Attorneys for Plaintiff

FILED OCT 13 2017

ARNOLD l, NATALI JR., P.J.Ch. By: Sherri J. Braunstein, Esquire

400 Fellowship Road, Suite 100

Mount Laurel, NJ 08054

(856) 813-5500

WELLS FARGO BANK, N.A.

PLAINTIFF

vs.

DAVID BENNETT, ET AL.

DEFENDANT(S)


CHANCERY DIVISION

MIDDLESEX COUNTY

DOCKET NO: F-021225-14

CIVIL ACTION

ORDER

THIS MATTER having been brought before the Court on motion of Defendant, David

Bennett appearing against the Plaintiff, Wells Fargo Bank, N.A. with, Phelan Hallinan Diamond

& Jones, PC, appearing on behalf of the Plaintiff; seeking an Order Vacating Final Judgment, do,

and the Court having considered the matter and for good cause appeari,

IT IS on this Is day of

lJL'e;,?,,t"-; / )/ d ,;,N 7 2017 ORDERED:

1. Defendant's Motion to Vacate Final Judgment is DENIED in its entirety.

-~Opposed '.l,c; Unopposed I

/211 /c~f!ttL A_, / l?~/44.Jft /? '. (~_. a _.. _,, ;/1 / --~ m:· Honorable Hon. Arnold L. Natali, Jr, . . .


FILED

17050232 OCT 17 2017 F\LED

UDREN LAW OFFICES, P.C.

W oodcrest Corporate Center ARNVl.tlL. NATALI JR., P.J.Ch. or' '1 . 1

ARMOi..., C, ,.;, ,,,, .. , JR., P.J.()b. 111 Woodcrest Road, Suite 200

Cherry Hill, NJ 08003 (856) 669-5400 J. Eric Kishbaugh, Esquire, ID #009541981

Attorneys for Plaintiff

U.S. Bank National Association, as Trustee

for Residential Asset Securities Corporation,

Home Equity Mortgage Asset-Backed Pass

Through Ce1tificates, Series 2007-KS3

Plaintiff,

Vs.

Craig Miles; et al.

Defendant( s)


CHANCERY DIVISION

UNION COUNTY


CIVIL ACTION

ORDER CORRECTING LEGAL

DESCRIPTION IN MORTGAGE TO

RELATE BACK TO THE DATE OF THE

RECORDING OF THE MORTGAGE

THIS MATTER being opened to the Comt by Udren Law Offices, P.C., appearing on a

Motion and the Court having reviewed the supporting Certification, and for good cause show't ,,c,,.R ty,, . .. ,., ".--,, r<'-Q,4·.·< rice;P '·,l,I

IT IS ON THIS / I day of (·,bz.c1,/..e:z.es... 2017 ORDERED that: · ;. • ,· • 00_

1. Plaintiff's Motion to correct the legal description in the Mortgage is hereby

GRANTED.

2. The legal description in the Mortgage is hereby corrected to match that

recorded with the Deed on December I 0, 2003 at Book DB 05403, Page 0594, as set fmth in

Exhibit "1" to the Order; and


3. The within Order Correcting legal description shall relate back to the date of the

filing of the recording of the mortgage on October 10, 2007 at Book Ml 2315, Page 0643; and

4. The Union County Recorder of Deeds is directed to accept a Cettified Copy

of this Order Correcting the Mortgage Legal Description for recording; r-

5, A copy of this Order shall be served upon all answering parties within ___ J_

days of its entry.


RAS Citron, LLC

130 Clinton Road, Suite 202

FAIRFIELD, NJ 07004

973-575-0707 ATTORNEYS FOR PLAINTIFF

Oliver Ayon, Esq.

STATE BAR NUMBER: 047532011

WELLS FARGO BANK, NATIONAL

ASSOCIATION, AS TRUSTEE FOR

OPTION ONE MORTGAGE LOAN TRUST

2004-2, ASSET-BACKED CERTIFICATES,

SERIES 2004-2, Plaintiff/Mortgagee

vs.

NICOLE C. ROUTE, et al.

Defendant(s)/Mo1igagor(s)

FILED OCT 17 21117



CHANCERY DIVISION MIDDLESEX

COUNTY


ORDER PERMITTING THE ENTRY OF

FINAL JUDGMENT

NOTWITHSTANDING THE LOAN

MODIFICATION AGREEMENT NOT

BEING RECITED IN THE COMPLAINT

THIS MATTER being opened to the Comi on Notice of Motion by RAS CITRON, LLC,

attorneys for the Plaintiff, for an Order Permitting the entry of Final Judgment Notwithstanding

the Loan Modification Agreement dated December 30, 2015 not being recited in the Complaint; ' ,,, .f} fuc th

and the Court h:ving considered the r,ap.ers~ubmitted, and for good cause showj , c< ::~·;;, .::,i,:~·i:' ITISonthis / /#· day of t}:.£~,.{.,_ ,20n ORDERED ,,, d 1(1

I. That Plaintiffs motion be and hereby is granted;

2. That the Clerk of the Superior Comi, Office of Foreclosure shall process the Final

Judgment notwithstanding that the Loan Modification Agreement dated December 30,

2015 not being recited in the Complaint; and

3. That Plaintiff may proceed with its application for entry of Final Judgment in the usual

course as if the Loan Modification Agreement dated December 30, 2015 had been set

forth in the Complaint; and

11111111 ~ 111111111111111111111111111111111111 Ill 1111111111111111111111111111111111111111111111111 Ill I I Ill llll II I 1111111111111111111111

16-220672 - ErK


4. That a copy of this order be served on the defendants within ___ days of the date

the Order received by Plaintiff's counsel.

___ opposed

_ _c;x~· unopposed

16-220672 - ErK


682250 FILED

PHELAN HALLINAN DIAMOND & JONES, PC

Brandon D. Pack, Esq. ID No. 033082011 OC1 / 6 2017

ARNOLD I.. NATALI JR., P.J.Ch. 400 Fellowship Road Suite 100

Mt. Laurel, NJ 08054

856-813-5500

Attorne for Plaintiff

WELLS FARGO BANK, NA

PLAINTIFF,

VS.

ERNEST W. DOCS A/K/A ERNEST DOCS,

ETAL. DEFENDANTS


CHANCERY DIVISION

MIDDLESEX COUNTY


CIVIL ACTION

ORDER VACATING SHERIFF'S SALE

This matter being opened to the Court by Phelan Hallinan Diamond & Jones, PC attorneys for

the Plaintiff for an Order Vacating Sheriffs Sale, and the Court having considered all papers and ;'. ,J-2 / ,.,~. (:z=:-

arguments presented, and for good cause showrl I'

IT IS on this (~· fL day of ({¼.CZ t

t';_,t/t,, _,{,,(_,.,t.,,---r,,,,,,.~- V r,, "'-'f,

,;c,.h{iJ,, ((;{C'l

, 2017 ORDERED that

1. Sheriffs sale held on March 15, 2017 and sold to Joe Otero for $245,000.00, is hereby

set aside and vacated; and

2. The Sheriff shall schedule a new sale and resell the property at its earliest convenience,

without the need for fu1ther adve1tising; and

3. The deposit monies in the amount of $49,000.00 is hereby forfeited and shall be retained

the Sheriff to be disbursed as follows:

a. The Sheriff is awarded its statutory commission of$2,060.00 on the $49,000.00

of the third pa1ty purchaser, Joe Otero, which commission shall be paid from said

deposit; and

b. The cost of scheduling the a new sale date shall be deducted from the deposit of


Joe Otero; and

c. Any deficiency between the bid at the first sale and the bid at the second sale shall

' 0-/y;>,

be deducted and paid from said deposit and given to the Plaintiff;( and ,.Le:- ~ A v.. Ce-,..,,,r

d. Any remaining portion of the deposit shall be returned to successful third party

bidder Joe Otero at the first sale.

4. A copy of this order shall be served on all parties within seven (7) days.

___ Opposed

__ )('--'.:'---. Unopposed