Preview
MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 1 of 2 Trans ID: SCP20221270719
FEIN, SUCH, KAHN & SHEPARD, P.C.
7 CENTURY DRIVE
PARSIPPANY, NJ 07054
973-538-4700 FAX 973-644-3287
May 18, 2022
Clerk, Special Civil Part
71 Monum ent Park PO Box 1270
Freehold, NJ 07728
Re: SYNERGY MEDICAL LABORATORIES,
vs: Arthur Evaristo
Docket No.: DC-008718-20
Our File No.: 20940022
Dear Sir or Madam :
Enclosed for the Court's consideration please find a NOTICE OF MOTION TO TURNOVER
FUNDS IN FULL SATISFACTION OF JUDGMENT , supporting Affidavit, proposed Turn Over Order and
Proof of Service indicating the defendant(s)(s) and bank have been served with these docum ents. If no
objection is filed by the defendant(s) or the bank within the tim e prescribed by the Rules of Court, kindly
cause the Order to be executed and a conform ed copy returned to our office.
If an objection is filed, kindly set the m atter down for hearing and advise of the date and tim e
Very truly yours,
/S/ Philip A. Kahn
Enclosures
Certified Mail:RRR
PC522/
MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 2 of 2 Trans ID: SCP20221270719
FEIN, SUCH, KAHN & SHEPARD, P.C.
Filing Attorney: Philip A. Kahn, Attorney ID:288551973
7 Century Drive, Suite 201
Parsippany, New Jersey 07054
(973) 538-4700
Attorney For Plaintiff(s)
SYNERGY MEDICAL LABORATORIES, PC SUPERIOR COURT OF NEW JERSEY
LAW DIVISION-MONMOUTH COUNTY
Plaintiff SPECIAL CIVIL PART
vs.
DOCKET NO: DC-008718-20
CIVIL ACTION
ARTHUR EVARISTO
NOTICE OF M OTION TO TURNOVER THAT W ILL
Defendant(s) FULLY SATISFY THE JUDGM ENT
To:
Arthur Evaristo Santander Bank Court Order Process
3 Rambling Brook Drive M A1-M B3-01-21; PO Box 841005
Holmdel NJ 07733 Boston, M A 02284
Dear Sir or M adam:
PLEASE TAKE NOTICE that the undersigned w ill apply to the above named Court, located
at 71 M onument Park PO Box 1270, Freehold, NJ 07728, for an Order for Turnover upon the
following grounds: (see attached Certification).
The Order sought w ill be entered in the discretion of the court unless the attorney or pro
se party upon w hom it has been served notifies the clerk of the court and the attorney for the
moving party or the pro se party in w riting w ithin ten (10) days after the date of service of the
motion that the responding party objects to the order.
NOTICE: IF YOU W ANT TO RESPOND TO THIS M OTION YOU M UST DO SO IN W RITING.
Your w ritten response must be in the form of a certification or affidavit. That means that the
person signing it swears to the truth of the statements in the certification or affidavit and is aw are
that the court can punish him or her if the statements are know ingly false. You may ask for oral
argument, w hich means you can ask to appear before the court to explain your position. If the
court grants oral argument, you will be notified of the time, date, and place. Your response, if any,
must be in w riting even if you request oral argument. Any papers you send to the court must also
be sent to the opposing party's attorney, or the opposing party if they are not represented by an
attorney.
FEIN, SUCH, KAHN & SHEPARD, P.C.
s/Philip A. Kahn, Esq.
M ay 18, 2022
MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 1 of 1 Trans ID: SCP20221270719
FEIN, SUCH, KAHN & SHEPARD, P.C.
Filing Attorney: Philip A. Kahn, Attorney ID:288551973
7 Century Drive, Suite 201
Parsippany, New Jersey 07054
(973) 538-4700
Attorney For Plaintiff(s)
SYNERGY MEDICAL LABORATORIES, PC SUPERIOR COURT OF NEW JERSEY
LAW DIVISION-MONMOUTH COUNTY
Plaintiff SPECIAL CIVIL PART
vs.
DOCKET NO: DC-008718-20
ARTHUR EVARISTO CIVIL ACTION
Defendant(s)
CERTIFICATION IN SUPPORT OF M OTION TO
TURNOVER THAT W ILL FULLY SATISFY THE
JUDGM ENT
The follow ing certification is made in support of Plaintiff's motion for an order to turnover monies
due and ow ing:
1. I am the attorney for plaintiff in the above matter.
2. Judgment w as entered on April 7, 2021 in the amount of $3,463.00 plus taxed costs.
The amount $1,575.13 includingpost-judgment interest and court officer fees remains due thereon.
3. A W rit of Execution w as issued in this matter to George Herbert, DCO, w ho levied on
funds in a bank account held in the name of the defendant(s) herein in the amount of $1,575.13 at
Santander Bank Court Order Process. A copy of George Herbert, DCO's affidavit is annexed
hereto.
4. I believe that there is money held in a bank account in the Santander Bank Court Order
Process in the name of the defendant(s), Arthur Evaristo, and pursuant to the levy w hich has been
made upon such money, Santander Bank Court Order Process should be ordered to turn over to
George Herbert, DCO, the money held in defendants' bank account to the extent that the money so
turned over can satisfy the outstanding judgment plus costs owing from the defendant(s) to the
plaintiff in the w ithin matter. The Judgment w ill be fully satisfied if the requested relief is granted
5. I certify that the foregoing statements made by me are true. I am aw are that if any of the
foregoing statements made by me are false, I am subject to punishment.
s/Philip A. Kahn, Esq.
Dated: M ay 18, 2022
MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 1 of 1 Trans ID: SCP20221270719
FEIN, SUCH, KAHN & SHEPARD, P.C.
Filing Attorney: Philip A. Kahn, Attorney ID:288551973
7 Century Drive, Suite 201
Parsippany, New Jersey 07054
(973) 538-4700
Attorney For Plaintiff(s)
SYNERGY MEDICAL LABORATORIES, PC SUPERIOR COURT OF NEW JERSEY
LAW DIVISION-MONMOUTH COUNTY
Plaintiff SPECIAL CIVIL PART
vs.
DOCKET NO: DC-008718-20
ARTHUR EVARISTO CIVIL ACTION
Defendant(s)
TURNOVER ORDER THAT WILL FULLY
SATISFY THE JUDGMENT
The above matter being opened to the Court on motion by Fein, Such, Kahn, & Shepard,
Esqs., attorneys for the plaintiff, and it appearing that the Notice of Motion for Turn Over Order
was duly served upon the defendant(s) and Santander Bank Court Order Process, and there being
no opposition to the granting of the Order, and good cause being shown;
IT IS on this day of , 2022,
ORDERED that the motion of the plaintiff, be and the same is hereby granted; and it is
further
ORDERED that the sum of $1,575.13 held by Santander Bank Court Order Process which
has been levied upon by George Herbert, DCO, be forthwith turned-over to said George Herbert,
DCO pursuant to the Writ of Execution issued in the above matter.
_____________
J.S.C.
20940022/
_____Opposed
_____Unopposed
A true copy of this Order shall be mailed to defendant(s) by plaintiff's counsel within seven (7)
days from the date of this Order20940022
MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 1 of 1 Trans ID: SCP20221270719
FEIN, SUCH, KAHN & SHEPARD, P.C.
Filing Attorney: Philip A. Kahn, Attorney ID:288551973
7 Century Drive, Suite 201
Parsippany, New Jersey 07054
(973) 538-4700
Attorney For Plaintiff(s)
SYNERGY MEDICAL LABORATORIES, PC SUPERIOR COURT OF NEW JERSEY
LAW DIVISION-MONMOUTH COUNTY
Plaintiff, SPECIAL CIVIL PART
vs. DOCKET NO: DC-008718-20
ARTHUR EVARISTO CIVIL ACTION
Defendant(s). PROOF OF SERVICE
Pursuant to R.4:59-1[Com m ent 1.6], on May 18, 2022, I served a true copy of the foregoing order
and annexed notice of m otion for order and certification by sending it sim ultaneously by first class m ail
and certified m ail, return receipt requested to:
Arthur Evaristo Santander Bank Court Order Process
3 Ram bling Brook Drive MA1-MB3-01-21; PO Box 841005
Holm del NJ 07733 Boston, MA 02284
I hereby certify that the foregoing statem ents m ade by m e are true. I am aware that if any of the
foregoing statem ents m ade by m e are willfully false, I am subject to punishm ent.
s/Philip A. Kahn, Esq.
May 18, 2022
MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 1 of 1 Trans ID: SCP20221270719
MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 1 of 2 Trans ID: SCP20221270719
MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 2 of 2 Trans ID: SCP20221270719
Preview
MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 1 of 2 Trans ID: SCP20221270719 FEIN, SUCH, KAHN & SHEPARD, P.C. 7 CENTURY DRIVE PARSIPPANY, NJ 07054 973-538-4700 FAX 973-644-3287 May 18, 2022 Clerk, Special Civil Part 71 Monum ent Park PO Box 1270 Freehold, NJ 07728 Re: SYNERGY MEDICAL LABORATORIES, vs: Arthur Evaristo Docket No.: DC-008718-20 Our File No.: 20940022 Dear Sir or Madam : Enclosed for the Court's consideration please find a NOTICE OF MOTION TO TURNOVER FUNDS IN FULL SATISFACTION OF JUDGMENT , supporting Affidavit, proposed Turn Over Order and Proof of Service indicating the defendant(s)(s) and bank have been served with these docum ents. If no objection is filed by the defendant(s) or the bank within the tim e prescribed by the Rules of Court, kindly cause the Order to be executed and a conform ed copy returned to our office. If an objection is filed, kindly set the m atter down for hearing and advise of the date and tim e Very truly yours, /S/ Philip A. Kahn Enclosures Certified Mail:RRR PC522/ MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 2 of 2 Trans ID: SCP20221270719 FEIN, SUCH, KAHN & SHEPARD, P.C. Filing Attorney: Philip A. Kahn, Attorney ID:288551973 7 Century Drive, Suite 201 Parsippany, New Jersey 07054 (973) 538-4700 Attorney For Plaintiff(s) SYNERGY MEDICAL LABORATORIES, PC SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MONMOUTH COUNTY Plaintiff SPECIAL CIVIL PART vs. DOCKET NO: DC-008718-20 CIVIL ACTION ARTHUR EVARISTO NOTICE OF M OTION TO TURNOVER THAT W ILL Defendant(s) FULLY SATISFY THE JUDGM ENT To: Arthur Evaristo Santander Bank Court Order Process 3 Rambling Brook Drive M A1-M B3-01-21; PO Box 841005 Holmdel NJ 07733 Boston, M A 02284 Dear Sir or M adam: PLEASE TAKE NOTICE that the undersigned w ill apply to the above named Court, located at 71 M onument Park PO Box 1270, Freehold, NJ 07728, for an Order for Turnover upon the following grounds: (see attached Certification). The Order sought w ill be entered in the discretion of the court unless the attorney or pro se party upon w hom it has been served notifies the clerk of the court and the attorney for the moving party or the pro se party in w riting w ithin ten (10) days after the date of service of the motion that the responding party objects to the order. NOTICE: IF YOU W ANT TO RESPOND TO THIS M OTION YOU M UST DO SO IN W RITING. Your w ritten response must be in the form of a certification or affidavit. That means that the person signing it swears to the truth of the statements in the certification or affidavit and is aw are that the court can punish him or her if the statements are know ingly false. You may ask for oral argument, w hich means you can ask to appear before the court to explain your position. If the court grants oral argument, you will be notified of the time, date, and place. Your response, if any, must be in w riting even if you request oral argument. Any papers you send to the court must also be sent to the opposing party's attorney, or the opposing party if they are not represented by an attorney. FEIN, SUCH, KAHN & SHEPARD, P.C. s/Philip A. Kahn, Esq. M ay 18, 2022 MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 1 of 1 Trans ID: SCP20221270719 FEIN, SUCH, KAHN & SHEPARD, P.C. Filing Attorney: Philip A. Kahn, Attorney ID:288551973 7 Century Drive, Suite 201 Parsippany, New Jersey 07054 (973) 538-4700 Attorney For Plaintiff(s) SYNERGY MEDICAL LABORATORIES, PC SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MONMOUTH COUNTY Plaintiff SPECIAL CIVIL PART vs. DOCKET NO: DC-008718-20 ARTHUR EVARISTO CIVIL ACTION Defendant(s) CERTIFICATION IN SUPPORT OF M OTION TO TURNOVER THAT W ILL FULLY SATISFY THE JUDGM ENT The follow ing certification is made in support of Plaintiff's motion for an order to turnover monies due and ow ing: 1. I am the attorney for plaintiff in the above matter. 2. Judgment w as entered on April 7, 2021 in the amount of $3,463.00 plus taxed costs. The amount $1,575.13 includingpost-judgment interest and court officer fees remains due thereon. 3. A W rit of Execution w as issued in this matter to George Herbert, DCO, w ho levied on funds in a bank account held in the name of the defendant(s) herein in the amount of $1,575.13 at Santander Bank Court Order Process. A copy of George Herbert, DCO's affidavit is annexed hereto. 4. I believe that there is money held in a bank account in the Santander Bank Court Order Process in the name of the defendant(s), Arthur Evaristo, and pursuant to the levy w hich has been made upon such money, Santander Bank Court Order Process should be ordered to turn over to George Herbert, DCO, the money held in defendants' bank account to the extent that the money so turned over can satisfy the outstanding judgment plus costs owing from the defendant(s) to the plaintiff in the w ithin matter. The Judgment w ill be fully satisfied if the requested relief is granted 5. I certify that the foregoing statements made by me are true. I am aw are that if any of the foregoing statements made by me are false, I am subject to punishment. s/Philip A. Kahn, Esq. Dated: M ay 18, 2022 MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 1 of 1 Trans ID: SCP20221270719 FEIN, SUCH, KAHN & SHEPARD, P.C. Filing Attorney: Philip A. Kahn, Attorney ID:288551973 7 Century Drive, Suite 201 Parsippany, New Jersey 07054 (973) 538-4700 Attorney For Plaintiff(s) SYNERGY MEDICAL LABORATORIES, PC SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MONMOUTH COUNTY Plaintiff SPECIAL CIVIL PART vs. DOCKET NO: DC-008718-20 ARTHUR EVARISTO CIVIL ACTION Defendant(s) TURNOVER ORDER THAT WILL FULLY SATISFY THE JUDGMENT The above matter being opened to the Court on motion by Fein, Such, Kahn, & Shepard, Esqs., attorneys for the plaintiff, and it appearing that the Notice of Motion for Turn Over Order was duly served upon the defendant(s) and Santander Bank Court Order Process, and there being no opposition to the granting of the Order, and good cause being shown; IT IS on this day of , 2022, ORDERED that the motion of the plaintiff, be and the same is hereby granted; and it is further ORDERED that the sum of $1,575.13 held by Santander Bank Court Order Process which has been levied upon by George Herbert, DCO, be forthwith turned-over to said George Herbert, DCO pursuant to the Writ of Execution issued in the above matter. _____________ J.S.C. 20940022/ _____Opposed _____Unopposed A true copy of this Order shall be mailed to defendant(s) by plaintiff's counsel within seven (7) days from the date of this Order20940022 MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 1 of 1 Trans ID: SCP20221270719 FEIN, SUCH, KAHN & SHEPARD, P.C. Filing Attorney: Philip A. Kahn, Attorney ID:288551973 7 Century Drive, Suite 201 Parsippany, New Jersey 07054 (973) 538-4700 Attorney For Plaintiff(s) SYNERGY MEDICAL LABORATORIES, PC SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MONMOUTH COUNTY Plaintiff, SPECIAL CIVIL PART vs. DOCKET NO: DC-008718-20 ARTHUR EVARISTO CIVIL ACTION Defendant(s). PROOF OF SERVICE Pursuant to R.4:59-1[Com m ent 1.6], on May 18, 2022, I served a true copy of the foregoing order and annexed notice of m otion for order and certification by sending it sim ultaneously by first class m ail and certified m ail, return receipt requested to: Arthur Evaristo Santander Bank Court Order Process 3 Ram bling Brook Drive MA1-MB3-01-21; PO Box 841005 Holm del NJ 07733 Boston, MA 02284 I hereby certify that the foregoing statem ents m ade by m e are true. I am aware that if any of the foregoing statem ents m ade by m e are willfully false, I am subject to punishm ent. s/Philip A. Kahn, Esq. May 18, 2022 MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 1 of 1 Trans ID: SCP20221270719 MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 1 of 2 Trans ID: SCP20221270719 MON-DC-008718-20 05/18/2022 3:58:59 PM Pg 2 of 2 Trans ID: SCP20221270719