NOTICE TO ABSENT DEFENDANTS
Docket No: F-623-26
SUPERIOR COURT OF NEW JERSEY, GLOUCESTER COUNTY
STATE OF NEW JERSEY
TO: JOHN P. ARUANNO; MR./MRS. ARUANNO, spouse of John P. Aruanno; TINA M. MEYERS
You are hereby summoned and required to serve upon GARY C. ZEITZ, L.L.C., Plaintiff's Attorney, whose address is 1101 Laurel Oak Road, Suite 170, Voorhees, New Jersey 08043, an answer to the Complaint (and any amendments thereto) filed in a civil action in which PRO CAP 8 FBO FIRSTRUST BANK is Plaintiff and John P. Aruanno, et al. are Defendants pending in the Superior Court of New Jersey, Chancery Division, Gloucester County and bearing Docket No. F-623-26, within thirty-five (35) days after May 19, 2026, exclusive of such date. If you fail to do so, judgment by default may be rendered against you for the 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, 25 West Market Street, P.O. Box 971, Trenton, New Jersey 08625, in accordance with the Rules of Civil Practice and Procedure.
This action has been instituted for the purpose of foreclosing tax sale certificate #23-00002 dated October 26, 2023, made by the Collector of Taxes for the Borough of Woodbury Heights, County of Gloucester and State of New Jersey, to PRO CAP 8 FBO FIRSTRUST BANK and recorded in the office of the Gloucester County Clerk/Register in mortgage book MB18230, page 41; and covers real estate located at 859 Boundary Rd, Borough of Woodbury Heights, County of Gloucester and State of New Jersey known as Block 109, Lot 10.01, as shown on the Tax Assessment Map and Tax Map duplicate of the Borough of Woodbury Heights .
NOTIFICATION OF RIGHTS RELATING TO SURPLUS EQUITY (a) the
within action could result in the loss of the property owners' equity in the property; (b) the potential loss of equity is a valid basis for contesting the tax foreclosure; and (c) the property owner has the ability to request a sheriff's sale of the property which would require any surplus beyond the amount owed to be deposited with the Superior Court Trust Fund.
NOTICE OF SURPLUS EQUITY AFFIRMATIVE DEFENSE: Pursuant to
New Jersey Court Rule 4:64-1c ("Definition of Uncontested Action") any allegation in a responsive pleading to this complaint that a party has existing equity in the property shall be treated as a contesting answer to this tax foreclosure complaint.
Pursuant to Tyler v. Hennepin County, 598 U.S. 631, 143 S. Ct. 1369 (2023), a property owner may be entitled to the surplus which would be realized over and above the amount due to the plaintiff lienholder. According to Black's Law Dictionary 657 (10th ed. 2014), "surplus" is "an amount of something that is more than what is required or used." If you believe there is a surplus beyond the amount owed to the plaintiff, you must assert same in a responsive pleading.
NOTICE OF THE OWNER'S, OR OWNER'S HEIRS RIGHT TO REQUEST A SHERIFF'S SALE:
THE OWNER, OR OWNER'S HEIRS, OF THE PROPERTY BEING FORECLOSED HAS THE RIGHT TO DEMAND THAT THE FORECLOSURE PROCEED TO A JUDICIAL SALE OF THE SUBJECT PROPERTY AS IN THE MANNER OF THE FORECLOSURE OF A MORTGAGE, OR AN INTERNET AUCTION, BY THE OFFICE OF THE COUNTY SHERIFF TO PRESERVE ANY EQUITY THAT MAY BE IN THE PROPERTY.
IN ORDER FOR THE SHERIFF'S SALE TO OCCUR, THE OWNER, OR OWNER'S HEIRS, MUST FILE A WRITTEN REQUEST CONTAINING THE DEMAND WITH THE CLERK OF THE SUPERIOR COURT, HUGHES JUSTICE COMPLEX, P.O. BOX 971, TRENTON, NJ 08625-0971, BEFORE THE DATE THAT A FINAL JUDGMENT IS ENTERED. IF THE OWNER, OR OWNER'S HEIRS, DEMAND A JUDICIAL SALE, IN A TIMELY MANNER, THE SUPERIOR COURT WILL ORDER THE ENTRY OF A FINAL JUDGMENT AND WRIT OF EXECUTION DIRECTING THAT THE SUBJECT PROPERTY BE SOLD AT A JUDICIAL SALE, AND ANY SURPLUS BEYOND THE AMOUNT OWED ON THE TAX LIEN WILL BE DEPOSITED WITH THE SUPERIOR COURT TRUST FUND.
IF THE OWNER, OR OWNER'S HEIRS, DO NOT MAKE A TIMELY DEMAND FOR A JUDICIAL SALE, THE FORECLOSURE ACTION OF THE SUBJECT PROPERTY SHALL PROCEED TO A FINAL JUDGMENT WITHOUT A JUDICIAL SALE, WHICH COULD RESULT IN THE LOSS OF EQUITY IN THE PROPERTY.
The record owner of the lands and premises is/are JOHN P. ARUANNO and such owner(s) is/are named as proper party Defendant(s) to this action to foreclose his/her/their interest, and that of his/her/their successors, in the land and premises described in the Complaint.
YOU, MR./MRS. ARUANNO, spouse of John P. Aruanno is joined as a party defendant to this action for any right, title, interest or claim he/she, his/her heirs or successors may have in or to the subject property by virtue of dower, curtesy, inheritance or for any other reason.
YOU, TINA M MEYERS is/are joined as a party defendant(s) herein for any lien, claim or interest they may have in, to or on the subject premises by virtue of the following judgment(s): J-167123-2010, dated July 2, 2010 in an amount that varies date to date for Child Support against John Aruanno.
If you are unable to obtain an attorney, you may communicate with the New Jersey State Bar Association by calling (732)249-5000. You may also contact the Lawyer Referral Services of the county of venue by calling (856) 848-4589. If you cannot afford an attorney, you may communicate with the Legal Services Office of the county of venue by calling (856) 848-5360.
The nature of which and the reason that you and each of you are joined as defendants is set forth with particularity in the complaint (and any amendments thereto) a copy of which will be furnished you on request addressed to the attorneys of the Plaintiff at the above mentioned address.
Dated: May 14, 2026 /s/ Michelle M. Smith, Esq.
Michelle M. Smith, Esquire, Clerk
Superior Court of New Jersey
May 19 2026
LNYS0520043
$88.58