Preview
WRN-L-000155-22 07/06/2022 Pg 1 of 4 Trans ID: LCV20222488628
Robert J. Banas, Esq.
Attorney ID# 161632015
EICHEN CRUTCHLOW ZASLOW, LLP
40 Ethel Road
Edison, NJ 08817
(732) 777-0100
Attorneys for Plaintiff
DORIS MEIXSELL, as Executor of the Estate
of THEODORE MEIXSELL, deceased, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: WARREN COUNTY
Plaintiff, DOCKET NO.: WRN-L-155-22
vs. Civil Action
COMPLETE CARE AT BRAKELEY PARK, ST. ORDER TO SHOW CAUSE
LUKE’S HOSPITAL – WARREN CAMPUS,
FELIX P. FOSCHETTI, JR., D.O., WARREN
COUNTY FAMILY PRACTICE ASSOCIATES,
P.A., JOHN DOE 1-10 (fictitious name of
agents, servants and employees who were
responsible for the maintenance of medical
records and billing records whose
identities are presently unknown) et al.,
Defendant.
THIS MATTER being brought before the Court by Eichen Crutchlow Zaslow, LLP
attorneys for Plaintiff, DORIS MEIXSELL, as Executor of the Estate of THEODORE MEIXSELL,
deceased, seeking relief by way of preliminary injunction at the return date set forth below
pursuant to R. 4:52, based upon the facts set forth in the Verified Complaint filed herewith
and for good cause shown.
It is on this 6th
_____ day of July
______________ ORDERED that Defendant, WARREN COUNTY
FAMILY PRACTICE ASSOCIATES, P.A., appear and show cause before the Superior Court at
the Warren County Courthouse in Belvidere, New Jersey at ______ 1:30 after
o’clock in the _______ noon
or as soon thereafter as counsel can be heard, on the ________day 11th August
of ______________2022, why an
order should not be issued preliminarily enjoining and restraining Defendant, Warren
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WRN-L-000155-22 07/06/2022 Pg 2 of 4 Trans ID: LCV20222488628
County Family Practice Associates, P.A.
A. That Defendant, Warren County Family Practice Associates, P.A. to provide
Plaintiff, Doris Meixsell, as Executor of the Estate of Theodore Meixsell, deceased, with
complete and certified copies of all medical and billing records from January 1, 2010 until
the present time.
B. Defendant, Warren County Family Practice Associates, P.A. to reimburse
Plaintiff in the amount of $300.00 for filing costs of said complaint and $1,200.00 for
reimbursement of attorneys’ fees incurred in connection with the preparing of the Complaint
within _____ days of the entry of the within Order.
C. Granting such other relief as the court deems equitable and just.
And it is further ORDERED that:
1. A copy of this order to show cause, verified complaint, and any supporting
affidavits or certifications submitted in support of this application be served upon the
Defendant, Warren County Family Practice Associates, P.A. via Process Server within _____ 7
days of the date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being original process.
2. The Plaintiff must file with the court his/her/its proof of service of the
pleadings on the Defendant, Warren County Family Practice Associates, P.A. no later than
three (3) days before the return date.
3. Defendant, Warren County Family Practice Associates, P.A. shall file and serve
a written response to this order to show cause and the request for entry of injunctive relief
July 20th
and proof of service by ___________________, 2022. The original documents must be filed with
the clerk of the Superior Court in the county listed above. A list of these offices is provided.
You must send a copy of your opposition papers directly to Judge Shanahan
_______________, whose
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WRN-L-000155-22 07/06/2022 Pg 3 of 4 Trans ID: LCV20222488628
20 North Bridge Street, Somerville
address is ___________________________________, New Jersey. You must also send a copy of your
opposition papers to the Plaintiff’s attorney whose name and address appears above, or to
the Plaintiff, if no attorney is named above. A telephone call will not protect your rights; you
must file your opposition and pay the required fee of $ __________ and serve your opposition
on your adversary, if you want the court to hear your opposition to the injunctive relief the
Plaintiff is seeking.
4. The Plaintiff must file and serve any written reply to the Defendant, Warren
County Family Practice Associates, P.A.’s Order to Show Cause opposition by _________________, July 27th
2022. The reply papers must be filed with the Clerk of the Superior Court in the county listed
above and a copy of the reply papers must be sent directly to the chambers of Judge
Kevin M. Shanahan, A.J.S.C
_____________________.
5. If Defendant, Warren County Family Practice Associates, P.A. does not file and
serve opposition to this order to show cause, the application will be decided on the papers
on the return date and relief may be granted by default, provided that Plaintiff files a proof
of service and a proposed form of order at least three days prior to the return date.
6. If the Plaintiff had not already done so, a proposed form of order addressing
the relief sought on the return must be submitted to the court no later than three (3) days
before the return date.
7. Defendant, Warren County Family Practice Associates, P.A. take notice that the
Plaintiff has filed a lawsuit against you in the Superior Court of New Jersey. The Verified
Complaint attached to this order to show cause states the basis of the lawsuit. If you dispute
this complaint, you, or your attorney, must file a written answer to the complaint and proof
of service within 35 days from the day of service of this order to show cause; not counting
the day you received it.
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WRN-L-000155-22 07/06/2022 Pg 4 of 4 Trans ID: LCV20222488628
8. These documents must be filed with the Clerk of the Superior Court in the
county listed above. A list of these offices is provided. Include a $________ filing fee payable
to the Treasurer State of New Jersey. You must also send a copy of your Answer to the
Plaintiff’s attorney whose name and address appear above, or to the Plaintiff, if no attorney
is named above. A telephone call will not protect your rights; you must file and serve your
Answer (with the fee) or judgment may be entered against you by default. Please note:
Opposition to the order to show cause is not an Answer and you must file both. Please note
further: if you do not file and serve an Answer within 35 days of this Order, the Court may
enter a default against you for the relief Plaintiff demands.
9. 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
and are not eligible for free legal assistance you may obtain a referral to an attorney by
calling one of the Lawyer Referral Services. A list of these numbers is also provided.
10. The Court will entertain argument, but not testimony, on the return date of the
order to show cause, unless the court and parties are advised to the contrary no later than
7
_____ days before the return date.
__________________________________________
Hon. Kevin M Shanahan, A. J.S.C.
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Preview
WRN-L-000155-22 07/06/2022 Pg 1 of 4 Trans ID: LCV20222488628 Robert J. Banas, Esq. Attorney ID# 161632015 EICHEN CRUTCHLOW ZASLOW, LLP 40 Ethel Road Edison, NJ 08817 (732) 777-0100 Attorneys for Plaintiff DORIS MEIXSELL, as Executor of the Estate of THEODORE MEIXSELL, deceased, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: WARREN COUNTY Plaintiff, DOCKET NO.: WRN-L-155-22 vs. Civil Action COMPLETE CARE AT BRAKELEY PARK, ST. ORDER TO SHOW CAUSE LUKE’S HOSPITAL – WARREN CAMPUS, FELIX P. FOSCHETTI, JR., D.O., WARREN COUNTY FAMILY PRACTICE ASSOCIATES, P.A., JOHN DOE 1-10 (fictitious name of agents, servants and employees who were responsible for the maintenance of medical records and billing records whose identities are presently unknown) et al., Defendant. THIS MATTER being brought before the Court by Eichen Crutchlow Zaslow, LLP attorneys for Plaintiff, DORIS MEIXSELL, as Executor of the Estate of THEODORE MEIXSELL, deceased, seeking relief by way of preliminary injunction at the return date set forth below pursuant to R. 4:52, based upon the facts set forth in the Verified Complaint filed herewith and for good cause shown. It is on this 6th _____ day of July ______________ ORDERED that Defendant, WARREN COUNTY FAMILY PRACTICE ASSOCIATES, P.A., appear and show cause before the Superior Court at the Warren County Courthouse in Belvidere, New Jersey at ______ 1:30 after o’clock in the _______ noon or as soon thereafter as counsel can be heard, on the ________day 11th August of ______________2022, why an order should not be issued preliminarily enjoining and restraining Defendant, Warren 1 WRN-L-000155-22 07/06/2022 Pg 2 of 4 Trans ID: LCV20222488628 County Family Practice Associates, P.A. A. That Defendant, Warren County Family Practice Associates, P.A. to provide Plaintiff, Doris Meixsell, as Executor of the Estate of Theodore Meixsell, deceased, with complete and certified copies of all medical and billing records from January 1, 2010 until the present time. B. Defendant, Warren County Family Practice Associates, P.A. to reimburse Plaintiff in the amount of $300.00 for filing costs of said complaint and $1,200.00 for reimbursement of attorneys’ fees incurred in connection with the preparing of the Complaint within _____ days of the entry of the within Order. C. Granting such other relief as the court deems equitable and just. And it is further ORDERED that: 1. A copy of this order to show cause, verified complaint, and any supporting affidavits or certifications submitted in support of this application be served upon the Defendant, Warren County Family Practice Associates, P.A. via Process Server within _____ 7 days of the date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being original process. 2. The Plaintiff must file with the court his/her/its proof of service of the pleadings on the Defendant, Warren County Family Practice Associates, P.A. no later than three (3) days before the return date. 3. Defendant, Warren County Family Practice Associates, P.A. shall file and serve a written response to this order to show cause and the request for entry of injunctive relief July 20th and proof of service by ___________________, 2022. The original documents must be filed with the clerk of the Superior Court in the county listed above. A list of these offices is provided. You must send a copy of your opposition papers directly to Judge Shanahan _______________, whose 2 WRN-L-000155-22 07/06/2022 Pg 3 of 4 Trans ID: LCV20222488628 20 North Bridge Street, Somerville address is ___________________________________, New Jersey. You must also send a copy of your opposition papers to the Plaintiff’s attorney whose name and address appears above, or to the Plaintiff, if no attorney is named above. A telephone call will not protect your rights; you must file your opposition and pay the required fee of $ __________ and serve your opposition on your adversary, if you want the court to hear your opposition to the injunctive relief the Plaintiff is seeking. 4. The Plaintiff must file and serve any written reply to the Defendant, Warren County Family Practice Associates, P.A.’s Order to Show Cause opposition by _________________, July 27th 2022. The reply papers must be filed with the Clerk of the Superior Court in the county listed above and a copy of the reply papers must be sent directly to the chambers of Judge Kevin M. Shanahan, A.J.S.C _____________________. 5. If Defendant, Warren County Family Practice Associates, P.A. does not file and serve opposition to this order to show cause, the application will be decided on the papers on the return date and relief may be granted by default, provided that Plaintiff files a proof of service and a proposed form of order at least three days prior to the return date. 6. If the Plaintiff had not already done so, a proposed form of order addressing the relief sought on the return must be submitted to the court no later than three (3) days before the return date. 7. Defendant, Warren County Family Practice Associates, P.A. take notice that the Plaintiff has filed a lawsuit against you in the Superior Court of New Jersey. The Verified Complaint attached to this order to show cause states the basis of the lawsuit. If you dispute this complaint, you, or your attorney, must file a written answer to the complaint and proof of service within 35 days from the day of service of this order to show cause; not counting the day you received it. 3 WRN-L-000155-22 07/06/2022 Pg 4 of 4 Trans ID: LCV20222488628 8. These documents must be filed with the Clerk of the Superior Court in the county listed above. A list of these offices is provided. Include a $________ filing fee payable to the Treasurer State of New Jersey. You must also send a copy of your Answer to the Plaintiff’s attorney whose name and address appear above, or to the Plaintiff, if no attorney is named above. A telephone call will not protect your rights; you must file and serve your Answer (with the fee) or judgment may be entered against you by default. Please note: Opposition to the order to show cause is not an Answer and you must file both. Please note further: if you do not file and serve an Answer within 35 days of this Order, the Court may enter a default against you for the relief Plaintiff demands. 9. 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 and are not eligible for free legal assistance you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A list of these numbers is also provided. 10. The Court will entertain argument, but not testimony, on the return date of the order to show cause, unless the court and parties are advised to the contrary no later than 7 _____ days before the return date. __________________________________________ Hon. Kevin M Shanahan, A. J.S.C. 4