Chatty Patty LLC v John, Richard F-5178-24

Chatty Patty LLC v John, Richard F-5178-24 NOTICE TO ABSENT DEFENDANTS Docket No: F-5178-24 SUPERIOR COURT OF NEW JERSEY, BURLINGTON COUNTY STATE OF NEW JERSEY TO: RICHARD A. JOHN, his heirs, devisees and personal representatives and their or any of their successors in right, title and interest; SHANE C. JOHN, heir to Richard A. John; his heirs, devisees and personal representatives and their or any of their successors in right, title and interest; FRANK NEMEC, his heirs, devisees and personal representatives and their or any of their successors in right, title and interest; ANNA NEMEC, her heirs, devisees and personal representatives and their or any of their successors in right, title and interest; PINEHURST MANUFACTURING HND GMBH; SKEY & BHATTACHARYA LLC 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 Chatty Patty LLC is Plaintiff and Richard A. John, et al. are Defendants pending in the Superior Court of New Jersey, Chancery Division, Burlington County and bearing Docket No. F-5178-24, within thirty-five (35) days after March 9, 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 #16-00002 dated June 26, 2017, made by the Collector of Taxes for the Township of Woodland, County of Burlington and State of New Jersey, to MELISSA DANSER and recorded in the office of the Burlington County Clerk/Register in mortgage book OR-13636, page 6426. Most recent assignment recorded on March 1, 2024 in mortgage book OR-13708, page 6786, and covers real estate located at 3 Patterson St, Township of Woodland, County of Burlington and State of New Jersey known as Block 1214, Lot 13, 14-20, as shown on the Tax Assessment Map and Tax Map duplicate of the Township of Woodland. 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 RICHARD A. JOHN, his heirs, devisees and personal representatives and their or any of their successors in right, title and interest and SHANE C. JOHN, heir to Richard A. John; his heirs, devisees and personal representatives and their or any of their successors in right, title and interest 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 this Count of the Complaint. YOU, FRANK NEMEC, his heirs, devisees and personal representatives and their or any of their successors in right, title and interest and ANNA NEMEC, her heirs, devisees and personal representatives and their or any of their successors in right, title and interest is a defendant to this action because he/she/it is the current holder of the following instrument, to wit, a mortgage executed in favor of Frank Nemec and Anna Nemec by Richard A. John and Florence C. John, his wife recorded on November 22, 1976 at mortgage book 1219, page 130, in the principal amount of $1500.00. YOU, PINEHURST MANUFACTURING HND GMBH are joined as a defendant to this action by virtue of the following judgment: judgment number J-178284-2012 dated August 24, 2012 in the amount of $173,658.42 against Christian Casey LLC and Sean John. YOU, SKEY & BHATTACHARYA LLC are joined as a defendant to this action by virtue of the following judgment: judgment number J-161548-2013 dated August 15, 2013 in the amount of $25,775.00 against S Danielle Hamilton. 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 (609) 261-4862. If you cannot afford an attorney, you may communicate with the Legal Services Office of the county of venue by calling (800) 496-4570. 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: March 5, 2026 /s/ Michelle M. Smith, Esq. Michelle M. Smith, Esquire, Clerk Superior Court of New Jersey March 9 2026 LSOM0474035 $92.82