SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION
BURLINGTON COUNTY
DOCKET NO. F-002633-25
FILE NO. 30975-25
NOTICE TO ABSENT DEFENDANT
(L.S.) STATE OF NEW JERSEY TO:
DAVID KAYE;
YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon PELLEGRINO AND FELDSTEIN, LLC, plaintiff's attorneys, whose address is 290 Route 46 West, Denville, NJ, an Answer to the Complaint filed in a Civil Action, in which CHRISTIANA TR/CUST GSRAN-Z LLC is the plaintiff and MICHAEL CUNNINGHAM, ET ALS; are defendants, pending in the Superior Court of New Jersey, Chancery Division, BURLINGTON County and bearing Docket No. F-002633-25 within thirty-five (35) days after November 16, 2025 exclusive of such date. If you fail to answer or appear in accordance with Rule 4:4-6, Judgment by Default may be rendered against you for relief demanded in the Complaint. You shall file your Answer and Proof of Service in duplicate with the Clerk of the Superior Court of New Jersey, Hughes Justice Complex - CN 971, Trenton, New Jersey 08625, in accordance with the Rules of Civil Practice and Procedure.
You are further advised that if you are unable to obtain an attorney you may communicate with the Lawyer Referral Service of the County of Venue and that if you cannot afford an attorney, you may communicate with the Legal Services Office of the County of Venue. The telephone number of such agencies are as follows: Lawyer Referral Service 609-261-4862 - Legal Services Office 609-261-1088.
THE ACTION has been instituted for the purpose of foreclosing the following tax sale certificate:
1. A certain tax certificate 22-00047, sold on 10/20/2022, dated 10/20/2022, and was recorded on 12/12/2022 in Mortgage Book 13650 at Page 56, made by TANYIKA L. JOHNS, Collector of Taxes of DELRAN, and State of New Jersey to CHRISTIANA TR/CUST GSRAN-Z LLC and subsequently assigned to plaintiff, CHRISTIANA TR/CUST GSRAN-Z LLC. This covers real estate located in DELRAN, County of BURLINGTON, and State of New Jersey, known as LOT 54.02 BLOCK 120 as shown on the Tax Assessment Map and Tax Map duplicate of DELRAN. and concerns premises commonly known as 101 LOWDEN ST, DELRAN, New Jersey.
YOU, DAVID KAYE, are made party defendant to the above foreclosure action because on September 22, 2011, a judgment was entered in the Superior Court of New Jersey, Camden County, by David Kaye against Duntroon Real Estate Holding Corp and Michael Cunningham disclosing a debt in the amount of $40,000.00, plus costs. Said judgment was entered as Judgment No. J-269366-2011. Said judgment is subordinate to the Plaintiff's lien.
Defendants are hereby provided NOTICE of the right to exercise affirmative defense of surplus equity to this foreclosure action, per Tyler v. Hennepin, 598 U.S. 631 (2023).
A. If the plaintiff's lien is not redeemed, or you do not elect to have this action brought to sheriff's sale, you are at risk to lose your equity in the property.
B. The potential loss of equity in the Property is a valid basis to contest this matter; and
C. You have the right to request a sheriff's sale which would then require any surplus beyond the amount owed to plaintiff to be deposited with the Superior Court Trust Fund.
DATED: November 13, 2025
Michelle M. Smith,
Clerk of the Superior Court of New Jersey
November 16 2025
LSOM0407584
$39.68