IN THE MATTER OF GLENNA C. BERG, DECEASED

IN THE MATTER OF GLENNA C. BERG, DECEASED Kimberly A. Paton, Esq. ATTORNEY ID # 020421986 33-11 Broadway, Suite 2 Fair Lawn, New Jersey 07410 Phone:(201)291-1603 F: 201-291-1605 Attorneys for the Plaintiff In the Matter of the Estate of Glenna C. Berg, Deceased Superior Court of New Jersey Chancery Division: Probate Part Bergen County Docket no.BER-P-166-25 civil action Verified COMPLAINT Plaintiff, Robert J. Flanagan, Jr., residing at 2290 S. Chanticleer Court, Toms River, New Jersey 08755, by way of Complaint and through his attorney, Kimberly A. Paton, Esq., says to the best of his knowledge and belief that: 1. Glenna A. Berg, residing at 524 Beverly Road, Teaneck, New Jersey, hereinafter the "Decedent" died on November 15, 1976, annexed hereto is her death certificate as Exhibit A. 2. At the time of her death, she was survived by her only heir and named beneficiary under her Last Will and Testament hereinafter "Glenna's Will", annexed hereto as Exhibit B., Glenn A. Berg. 3. The other named beneficiary, her son, Robert C. Berg, predeceased the Decedent, thereby extinguishing any rights to or any interests or benefits under Glenna's Will. Copy of Robert C. Berg death certificate is annexed hereto as Exhibit C. Robert C. Berg died never married and without having any children either born or adopted. 4. Glenna's Will was filed for probate in Bergen County Surrogates Clerk December 3, 1976, a copy of the application is annexed hereto as Exhibit D. The application includes a copy of Glenna's Will, which appoints Mary C. Carpenter and Arthur T. Carpenter residing at 325 Brookmere Court, Ridgewood, New Jersey as the Co-Executors. 5. Mary C. Carpenter provided a letter renouncing her appointment addressed to the court, which is included in Exhibit D and the court finalized the probate providing Letters Testamentary to Arthur T. Carpenter. 6. At such time, Arthur T. Carpenter, as Executor of Glenna's Will should have transferred ownership of the real property located at 524 Beverly Road, Teaneck, New Jersey 07666 hereinafter the "Property" directly to Glenn A. Berg. However, that was never completed and having failed to do so, resulted in a break in the chain of title. 7. Glenna's Will only appoints Mary C. Carpenter and Arthur T. Carpenter as executors and does not provide for any successor or substitute executors as an alternative. 8. It is our belief that Mary C. Carpenter died between the years of 1976 and 1981, since at the time that application was made to probate Glenna's Will she was married to Arthur T. Carpenter and her primary residence based on the application lists 356 Brookmere Court, Ridgewood, New Jersey. Upon research of the land records for the property it was discovered that it lists a subdivision in 1981 with the grantor Arthur T. Carpenter, widower, see annexed hereto Exhibit E. 9. Upon investigation with Bergen County Surrogates Court, no probate or administration petitions were filed for Mary C. Carpenter. As such no death certificate can be provided. Additionally, without knowing the exact date of death and not having proper authorization no vital records can be requested. At this time, however, based on the above, there is a presumption that Mary C. Carpenter is deceased. 10. Arthur T. Carpenter sold the property located at 356 Brookmere Court, Ridgewood, New Jersey in 1981 without any reference to a forwarding address in the deed, see annexed hereto Exhibit E. Further investigation was completed through a google search for obituaries for Arthur T. Carpenter for New Jersey and countrywide without any success and confirmation. Due to the age of the Decedent's probate matter, it is our belief that Arthur T. Carpenter as named Executor for Glenna's Will is deceased and if he is alive there is no reasonable matter to locate him. 11. Glenn A. Berg, died on August 7, 2024, with Letters of Testamentary issued to Robert J. Flanagan, Jr., the death certificate is annexed hereto as Exhibit F and copy of Letters Testamentary are annexed hereto as Exhibit G. 12. The following individuals, who are all of full age and mind are beneficiaries under the Last Will and Testament of Glenn A. Berg; a. Steven Sailer and his wife Colleen Sailer, presently residing at 354 Trensch Drive, New Milford, New Jersey 07464. b. Edward Foley and his wife Kelly Foley, presently residing at 161 Ell Road, Hillsdale, New Jersey 07642. c. Kenneth Lea, presently residing at 375 Farmhouse Lane, Wind Gap, Pennsylvania 18091. d. Robert J. Flanagan, Jr., presently residing at 2290 South Chanticleer Court, Toms River, New Jersey 08755. e. David Liddell and his wife Patricia Liddell presenting residing at 4103-11th Avenue E, Bradenton, Florida 34208. f. Jason J. Ochoa presently residing at 153 Jane Street, Englewood, New Jersey 07631. g. Michelle O'Sullivan presently residing at 375 Farmhouse Lane, Wind Gap, Pennsylvania 18091. h. Thomas Pfieffer presently residing at 32 Second Street, Dumont, New Jersey 07628. i. Susan Woods presently residing at 730 Stockton Street, New Milford, New Jersey 07646. j. Charles McHarris presently residing at 32 Frederick Drive, Apt I-1, Bayville, New Jersey 08721. k. James McKenna and his wife Mary Ann McKenna presently residing at 67 Penny Lane Heathsville, Virginia 22473. l. Joy Lea presently residing at 375 Farmhouse Lane, Wind Gap, Pennsylvania 18091. m. Emily Marie Sailer presently residing at 44 Prospect Street, Unit 252, Morristown, New Jersey 07960. n. Grace Elizabeth Sailer presently residing at 2021 North Lemans Blvd., Apt 6407, Tampa, Florida 33607. o. Ryan Edward Foley presently residing at 161 Ell Road, Hillsdale, New Jersey 07642. p. Colin Robert Foley, presently residing at 161 Ell Road, Hillsdale, New Jersey 07642. q. Joseph Wild and his wife Lauren Wild presently residing at 198 Rafkind Road, Bloomingdale, New Jersey 07403. r. Ryan W. Woods presently residing at 75 Jacksonville Road, Towaco, New Jersey 07082. s. Rachel Ann Lea presently residing at 375 Farmhouse Lane, Wind Gap, Pennsylvania 18091. t. Zachary Phillip Lea presently residing at 1500 NW 4th Avenue, Apt 301, Boca Raton, Florida 33432. u. Kimberly Lea Emory presently residing at 375 Farmhouse Lane, Wind Gap, Pennsylvania 18091. 13. The following individuals have not reached the age of majority; a. Kevin Foley presently residing at 161 Ell Road, Hillsdale, New Jersey 07642, b. Plaintiff requests virtual representation be appointed to Edward Foley and Kelly Foley, jointly, as the parents of the minor listed above, and be listed to the action to represent such persons, and the judgment entered therein shall be binding upon the persons so represented. 14. The value of the estate is $225,500.00 as the total assessment value of the Property. WHEREFORE, the Plaintiff demands judgment as follows: (a) Appoint Robert J. Flanagan, Jr. as Substitute Administrator CTA, subject to qualification and posting of bond in an amount as determined by the court; (b) Waiver of any bond requirements for this appointment; (c) Plaintiff is given full power to transfer any and all interests of the Decedent in the real property located at 524 Beverly Road, Teaneck, New Jersey 07666; (d) In accordance with R. 4:26-3(c) Edward Foley and Kelly Foley, jointly, as the parents of the minor listed above Kevin Robert Foley, be listed to the action to represent such persons, and the judgment entered therein shall be binding upon the persons so represented by virtue of virtual representation. (e) Granting such other relief as the court deems equitable and just. IN THE MATTER OF GLENNA C. BERG, DECEASED SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION: PROABTE PART BERGEN COUNTY DOCKET NO. P-166-25 Civil Action ORDER TO SHOW CAUSE THIS MATTER being brought before the Court by Kimberly Paton, Esq. attorney for Plaintiff, seeking relief by way of summary action based upon the facts set forth in the verified complaint filed herewith; and the Court having determined that this matter may be commenced by order to show cause as a summary proceeding pursuant to R.4:83-1 and for good cause shown. IT IS on this 17th day of March , 2025 , ORDERED that the parties in interest listed in the verified complaint appear and show cause on the 2nd day of May, 2025 before the Superior Court, Chancery Division, Probate Part, Hon.Nicholas Dstuni, J.S.G. at the Bergen County Courthouse, 10 Main Street, Hackensack, New Jersey 07601 at 9:00 o'clock in the fore noon, or as soon thereafter as counsel can be heard, why judgment should not be entered for: A. As the Glenn A. Berg was the sole beneficiary under Glenna's Will and having no ability to appoint any successor executor, appoint Robert J. Flanagan, Jr., as Substitute Administrator CTA of the Estate of Glenna C. Berg subject to the qualification with the Bergen County Surrogate. B. The Court waives any bond requirements for this appointment. C. Plaintiff is given full power to transfer any and all interests of the Decedent in the real property located at 524 Beverly Road, Teaneck, New Jersey 07666. D. In accordance with R. 4:26-3(c) Edward Foley and Kelly Foley, jointly, as the parents of the minor listed above Kevin Robert Foley, be listed to the action to represent such persons, and the judgment entered therein shall be binding upon the persons so represented by virtue of virtual representation. D. Granting such other relief as the court deems equitable and just. And it is further ORDERED that: 1. Any party in interest who wishes to be heard with respect to any of the relief requested in the verified complaint served with this order to show cause shall file with the Surrogate of Bergen County and serve upon the attorney for the plaintiff at the address set forth above, a written answer, an answering affidavit, a motion returnable on the date this matter is scheduled to be heard, or other response to this order to show cause and to the relief requested in the verified complaint by ________________, 20___. Filing shall be made with the Surrogate of Bergen County at 2 Bergen County Plaza, Fifth Floor, Suite 5000, Hackensack, NJ 0760. Such responding party in interest shall also file with such Surrogate by the foregoing date a proof of service upon the plaintiff. 2. Any party in interest who fails to timely file and serve a response in the manner provided in paragraph 1 of this order to show cause shall be deemed in default, the matter may proceed to judgment without any further notice to or participation by such defaulting party in interest, and the judgment shall be binding upon such defaulting party in interest. 3. Parties in interest are hereby advised that a telephone call to the plaintiff, to the plaintiff's attorney, to the Surrogate, or to the Court will not protect your rights; you must file and serve your answer, answering affidavit, motion or other response with the filing fee of $110.00 required by statute. The check or money order for the filing fee shall be made payable to the Surrogate of the County where this matter is being heard. If you cannot afford an attorney, you may call the Legal Services office in the county in which you live. A list of these offices is provided. If you do not have an attorney or are not eligible for free legal assistance through the Legal Services office (or such office does not provide services for this particular type of proceeding), you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A list of these office numbers is also provided. 4. If no party in interest timely files and serves a response to this order to show cause as provided for above, the application may be decided by the Court on or after the date this matter is scheduled to be heard, and may be decided on the papers without a hearing, provided that the plaintiff has filed a proof of service and a proposed form of judgment as required by paragraphs 7 and 9 of this order to show cause. 5. If a party in interest timely files a response as provided for above, the court may entertain argument but will not take testimony on the date this matter is scheduled to be heard. 6. The plaintiff must file and serve any written reply to the response of a party in interest by _________, 20__. The reply papers together with a proof of service must be filed with the Surrogate in the county listed above. 7. Plaintiff shall submit to the Surrogate an original and two copies of a proposed form of judgment addressing the relief sought on the date this matter is scheduled to be heard (along with a postage-paid return envelope) no later than _____ (__) days before the date this matter is scheduled to be heard. 8. A copy of this order to show cause, the verified complaint, and [insert a description of any other filed papers, such as an accounting], and all affidavits submitted in support of this application, all of which shall be certified thereon by plaintiff's attorney to be true copies, shall be served upon the parties in interest listed in the complaint, by certified mail, return receipt requested (or by registered mail, return receipt requested with respect to any party in interest who resides outside the United States) and by regular mail, or alternatively: shall be personally served upon the parties in interest listed in the complaint within seven (7) days of the date hereof, in accordance with R. 4:67-3, R. 4:4-3 and R. 4:4-4, this order to show cause being original process. 9. The plaintiff shall file with the Surrogate of Bergen County a proof of service of the documents required by paragraph 8 above to be served on the parties in interest no later than _____ (__) days before the date this matter is scheduled to be heard. 10. The Court may entertain argument, but not testimony, on the return date of the order to show cause September 10 2025 LNYS0366382 $249.48