Fund v Garcia, Richard F-11006-25

Fund v Garcia, Richard F-11006-25 NOTICE TO ABSENT DEFENDANTS Docket No: F-11006-25 SUPERIOR COURT OF NEW JERSEY, SUSSEX COUNTY STATE OF NEW JERSEY TO: LLENY ACEVEDO; OLGA L GUERRA GONZALEZ; ASSOCIATED RADIOLOGISTS, P.A. and CENTRAL MOTOR CARS 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 Fundpality II, LLC is Plaintiff and Richard Garcia and Vianka Taveras, Husband and Wife, et al. are Defendants pending in the Superior Court of New Jersey, Chancery Division, Sussex County and bearing Docket No. F-11006-25, within thirty-five (35) days after April 6, 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 #22-00115 dated November 22, 2022, made by the Collector of Taxes for the Township of Vernon, County of Sussex and State of New Jersey, to Evolve Bank & Trust and recorded in the office of the Sussex County Clerk/Register in mortgage book 10241, page 142. Most recent assignment recorded on October 24, 2023 in mortgage book 10277, page 70 and covers real estate located at 2 Chamonix Dr #302, Township of Vernon, County of Sussex and State of New Jersey known as Block 527, Lot 58, as shown on the Tax Assessment Map and Tax Map duplicate of the Township of Vernon. 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. YOU, LLENY ACEVEDO are joined as a defendant to this action by virtue of the following judgment: judgment number J-056581-2018 dated April 3, 2018 in an amount that varies date to date for child support against Richar Garcia. YOU, OLGA L GUERRA GONZALEZ are joined as a defendant to this action by virtue of the following judgment: judgment number J-052936-2023 dated April 30, 2023 in an amount that varies date to date for child support against Richard C Garcia. YOU, ASSOCIATED RADIOLOGISTS, P.A. are joined as a defendant to this action by virtue of the following judgment: judgment number DJ-083366-2014 dated May 9, 2014 in the amount of $389.70 against Richard Garcia Gambo. YOU, CENTRAL MOTOR CARS are joined as a defendant to this action by virtue of the following judgment: judgment number DJ-324798-2006 dated December 6, 2006 in the amount of $2,682.86 against Richard Garcia. 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 (973) 267-5882. If you cannot afford an attorney, you may communicate with the Legal Services Office of the county of venue by calling (973) 383-7400. 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 31, 2026 /s/ Michelle M. Smith, Esq. Michelle M. Smith, Esquire, Clerk Superior Court of New Jersey April 6 2026 LNYS0491329 $81.90