Order Fixing Sums Due and Setting Date, Time and Place of Redemption
David B. Venino, Esq., 700 Boston Boulevard, Sea Girt, NJ 08750-0024, (732) 449-2153, Attorney for the Plaintiff. Superior Court of New Jersey, Chancery Division - Ocean County, Docket No. F-8787-25, Civil Action.
BRECKENRIDGE PROPERTIES, LLC, a limited liability company of the State of New Jersey, Plaintiff vs. ELIZABETH H. McKEON, her heirs, devisees and personal representatives and his, hers, their, or any of their successors in right, title and interest; ROY P. COOK, his heirs, devisees and personal representatives and his, hers, their, or any of their successors in right, title and interest; ELIZABETH M. COOK; FISHER BROS. SAND & GRAVEL COMPANY, INC., its successors in interest and/or assigns; TOWNSHIP OF BERKELEY, a municipal corporation of the State of New Jersey; LUDWIG FISCHER, his heirs, devisees and personal representatives and his, hers, their, or any of their successors in right, title and interest; MRS. LUDWIG FISCHER, wife of Ludwig Fischer; GEBHARD FISCHER, his heirs, devisees and personal representatives and his, hers, their, or any of their successors in right, title and interest; JULIE FISCHER a/k/a JULIA FISCHER, her heirs, devisees and personal representatives and his, hers, their, or any of their successors in right, title and interest; TODD M. JERMAN; PREMIER LIEN SERVICING, LLC; HANS KASPERSETZ; JOHN J. KOCHELL f/k/a JOHN J. KOCHOLIS, his heirs, devisees and personal representatives and his, hers, their, or any of their, successors in right, title and interest; GEORGE J. KOCHELL, his heirs, devisees and personal representatives and his, hers, their, or any of their successors in right, title and interest; ANDREW KOCHELL, his heirs, devisees and personal representatives and his, hers, their, or any of their, successors in right, title and interest; MILDRED KOCHELL, her heirs, devisees and personal representatives and his, hers, their, or any of their successors in right, title and interest; JEFFREY R. JERMAN; JOHN J. KOCHELL, JR. a/k/a JOHN KOCHELL, his heirs, devisees and personal representatives and his, hers, their, or any of their, successors in right, title and interest; JOHN KOCHELL (son of John J. Kochell, Jr.); CHRISTINE A. WILLIAMS; CARL KRUGER a/k/a KARL KRUGER, his heirs, devisees and personal representatives and his, hers, their, or any of their successors in right, title and interest; ALMA KRUGER, her heirs, devisees and personal representatives and his, hers, their, or any of their successors in right, title and interest; KARL H. KRUGER, his heirs, devisees and personal representatives and his, hers, their, or any of their, successors in right, title and interest; HELEN KRUGER, her heirs, devisees and personal representatives and his, hers, their, or any of their successors in right, title and interest; VIRGINIA ANN COSTER, her heirs, devisees and personal representatives and his, hers, their, or any of their successors in right, title and interest; GERTRUDE PODGORNY, her heirs, devisees and personal representatives and his, hers, their, or any of their, successors in right, title and interest; WILLIBALD PODGORNY, his heirs, devisees and personal representatives and his, hers, their, or any of their, successors in right, title and interest; CHARLOTTE HAYES, her heirs, devisees and personal representatives and his, hers, their, or any of their, successors in right, title and interest; EUGENE J. HAYES, his heirs, devisees and personal representatives and his, hers, their, or any of their, successors in right, title and interest; NORTHERN OCEAN HABITAT FOR HUMANITY, INC.; NANCY MONTELLA, as Executrix of the Estate of Theodore Karras; UNKNOWN OWNERS OR CLAIMANTS, his or her heirs, devisees and personal representatives and his, hers, their or any of their successors in right, title and interest; and the STATE OF NEW JERSEY, Defendants. THIS MATTER being opened to the court by David B. Venino, Esq., attorney for the plaintiff, and it appearing that default has been entered by the Clerk of the Court against the defendants, with the exception of one defendant which filed a non-contesting answer; that the plaintiff has produced before this court certified copies of the following tax sale certificates: (1) Tax Sale Certificate No. 16-00138 issued by the Berkeley Township Tax Collector to Jeffrey R. Jerman dated December 7, 2016 and recorded in the Ocean County Clerk's Office on December 15, 2016 in Official Record Book 16601 at Page 597 etc.; which affects lands and premises known as Lots 14 and 15 in Block 261 as shown on the tax duplicate of the Township of Berkeley (no street address); which certificate was assigned to the plaintiff by Assignment of Tax Sale Certificates dated March 24, 2025 and recorded on March 25, 2025 in Official Record Book 19962 at Page 1921 etc.; (2) Tax Sale Certificate No. 15-00221 issued by the Berkeley Township Tax Collector to the plaintiff dated October 8, 2015 and recorded in the Ocean County Clerk's Office on October 26, 2015 in Official Record Book 16224 at Page 288 etc.; which affects lands and premises known as Lot 15 in Block 363 as shown on the tax duplicate of the Township of Berkeley (no street address); (3) Tax Sale Certificate No. 09-0146 issued by the Berkeley Township Tax Collector to Jeffrey R. Jerman dated October 16, 2009 and recorded in the Ocean County Clerk's Office on January 22, 2010 in Official Record Book 14514 at Page 375 etc.; which affects lands and premises known as Lot 3 in Block 391 as shown on the tax duplicate of the Township of Berkeley (no street address); which certificate was assigned to the plaintiff by Assignment of Tax Sale Certificates dated March 24, 2025 and recorded on March 25, 2025 in Official Record Book 19962 at Page 1921 etc.; (4) Tax Sale Certificate No. 22-00088 issued by the Berkeley Township Tax Collector to the plaintiff dated February 3, 2022 and recorded in the Ocean County Clerk's Office on February 11, 2022 in Official Record Book 18905 at Page 1498 etc.; which affects lands and premises known as Lot 8 in Block 323 as shown on the tax duplicate of the Township of Berkeley (no street address); and (5) Tax Sale Certificate No. 16-00163 issued by the Berkeley Township Tax Collector to Jeffrey R. Jerman dated December 7, 2016 and recorded in the Ocean County Clerk's Office on December 15, 2016 in Official Record Book 16601 at Page 611 etc.; which affects lands and premises known as Lot 4 in Block 533 as shown on the tax duplicate of the Township of Berkeley (no street address); which certificate was assigned to the plaintiff by Assignment of Tax Sale Certificates dated March 18, 2025 and recorded on March 18, 2025 in Official Record Book 19956 at Page 1470 etc.; which certified true copies of the tax sale certificates and assignments were received into evidence and marked as plaintiff's Exhibits; that more than two years have elapsed since the above referenced tax sales and there has been no redemption of said tax sale certificates; and that the plaintiff has produced before this court a certification showing that there is due on said tax sale certificates the following amounts, all of which amounts include the principal amount due on the tax sale certificate, costs, penalties and interest through December 23, 2025 - plus taxed costs of this suit: (1) The amount to redeem Tax Sale Certificate No. 16-00138 is $3,103.75; (2) The amount to redeem Tax Sale Certificate No. 15-00221 is $4,099.33; (3) The amount to redeem Tax Sale Certificate No. 09-0146 is $8,447.81; (4) The amount to redeem Tax Sale Certificate No. 22-00088 is $1,338.78; and (5) The amount to redeem Tax Sale Certificate No. 16-00163 is $3,618.94. IT IS THEREFORE on this 23rd day of January, 2026 ORDERED and ADJUDGED that the amount required to redeem the premises described in Count One of the plaintiff's complaint from the plaintiff's tax sale certificate No. 16-00138 is $3,103.75, which amount includes the principal amount due on the plaintiff's tax sale certificate, interest, penalties and costs, together with lawful interest on said sum as of December 23, 2025, and costs of this suit taxed at $2,776.40. In addition, the tax collector will add any additional interest, taxes and/or penalties that may become due and owing as of the date that redemption occurs. An exact redemption amount must be obtained from the tax collector.; ORDERED and ADJUDGED that the amount required to redeem the premises described in Count Four of the plaintiff's complaint from the plaintiff's tax sale certificate No. 15-00221 is $4,099.33, which amount includes the principal amount due on the plaintiff's tax sale certificate, interest, penalties and costs, together with lawful interest on said sum as of December 23, 2025, and costs of this suit taxed at $2,776.40. In addition, the tax collector will add any additional interest, taxes and/or penalties that may become due and owing as of the date that redemption occurs. An exact redemption amount must be obtained from the tax collector.; ORDERED and ADJUDGED that the amount required to redeem the premises described in Count Seven of the plaintiff's complaint from the plaintiff's tax sale certificate No. 09-0146 is $8,447.81, which amount includes the principal amount due on the plaintiff's tax sale certificate, interest, penalties and costs, together with lawful interest on said sum as of December 23, 2025, and costs of this suit taxed at $2,776.40. In addition, the tax collector will add any additional interest, taxes and/or penalties that may become due and owing as of the date that redemption occurs. An exact redemption amount must be obtained from the tax collector.; ORDERED and ADJUDGED that the amount required to redeem the premises described in Count Thirteen of the plaintiff's complaint from the plaintiff's tax sale certificate No. 22-00088 is $1,338.78, which amount includes the principal amount due on the plaintiff's tax sale certificate, interest, penalties and costs, together with lawful interest on said sum as of December 23, 2025, and costs of this suit taxed at $2,776.40. In addition, the tax collector will add any additional interest, taxes and/or penalties that may become due and owing as of the date that redemption occurs. An exact redemption amount must be obtained from the tax collector.; ORDERED and ADJUDGED that the amount required to redeem the premises described in Count Sixteen of the plaintiff's complaint from the plaintiff's tax sale certificate No. 16-00163 is $3,618.94, which amount includes the principal amount due on the plaintiff's tax sale certificate, interest, penalties and costs, together with lawful interest on said sum as of December 23, 2025, and costs of this suit taxed at $2,776.40. In addition, the tax collector will add any additional interest, taxes and/or penalties that may become due and owing as of the date that redemption occurs. An exact redemption amount must be obtained from the tax collector.; AND IT IS FURTHER ORDERED that the 24th day of March, 2026, between the hours of nine o'clock in the forenoon and four o'clock in the afternoon, prevailing time, at the Office of the Collector of Taxes of the Township of Berkeley, 627 Pinewald-Keswick Road, Bayville, NJ 08721, be and the same is hereby fixed as the time and place for the redemption of the premises when and where the defendants shall pay to the plaintiff the aforesaid sum(s) and lawful interest thereon as aforesaid together with the taxed costs of this suit, and that thereupon the said plaintiff deliver up the possession of the said lands and premises more particularly described in the complaint, to the said defendants, together with the said certificate(s) of tax sale duly endorsed for cancellation by the said plaintiff; and IT IS FURTHER ORDERED and ADJUDGED that, should there be any equity in the premises beyond what is due for redemption of the plaintiff's tax sale certificate(s), owners have the right to demand, in writing to the Superior Court before the date final judgment is entered, that the foreclosure proceed to a judicial sale as in the manner of a foreclosure of a mortgage or (if available) an Internet auction of the premises, through the office of the county sheriff; and IT IS FURTHER ORDERED and ADJUDGED that, should no such judicial sale be properly requested, in default of the defendants paying to the plaintiff its principal and interest, expenses and costs, as aforesaid, the defendants do stand absolutely debarred and foreclosed of and from all right and equity of redemption of in and to the said lands and premises and every part thereof, and that the plaintiff has an absolute and indefeasible estate of inheritance in fee simple in said land and premises. Anything to the contrary notwithstanding, redemption shall be permitted up until the entry of final judgment including the whole of the last day upon which judgment is entered; and IT IS FURTHER ORDERED that a copy of this order, or notice thereof, be served on the defendants whose addresses are known, by mailing to each of them, by ordinary mail, such copy or notice, not less than ten days prior to the date fixed for redemption by this order; IT IS FURTHER ORDERED, that if the addresses of any of the defendants are unknown, a copy of this order, or a notice thereof, directed to such defendants, shall be published in the same newspaper as was employed in this action for the publication of the notice to absent defendants herein pursuant to the Rules of this Court, at least once, not less than twenty days prior to the date fixed for redemption by this order; and IT IS FURTHER ORDERED, that if the addresses of any of the defendants are unknown, a copy of this order, or a notice thereof, shall be posted upon the lands not less than twenty days prior to the date fixed for redemption by this order; and IT IS FURTHER ORDERED, that a copy of this order be served upon the Collector of Taxes of the municipality in which said lands are situated, and that said Tax Collector certify to this Court whether the premises were or were not redeemed from the plaintiff's tax sale certificate(s) in accordance with the terms of this order. /s/ Craig L. Wellerson, P.J.Ch., Respectfully recommended, R.1:34-6 Office of Foreclosure.
Publication Dates
LNYS0451088
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