Preview
MON-L-003081-22 01/24/2023 3:33:48 PM Pglof2 Trans ID: LCV2023351343
JOHN A. CAMASSA, ESQ., #025361989
CAMASSA LAW FIRM, P.C.
1800 Route 34
Building 3, Suite 303
Wall, New Jersey 07719
(732) 749-3313
Attorney for Defendant, Amica Mutual Insurance Company
Our File: 30.8600CMB
SUPERIOR COURT OF NEW JERSEY
JOANNA OHMER and PATRICK OHMER, her
husband,
LAW DIVISION: MONMOUTH COUNTY
Plaintiff(s), Docket No: MON-L-003081-22
Vv,
Civil Action
AMICA MUTUAL INSURANCE COMPANY,
JOLIN DOE 1-10 (fictitious names) and ABC, INC. NOTICE OF MOTION TO DISMISS
1-10 (fictitious entities), COMPLAINT FOR FAILURE TO
SERVE SUMMONS AND
Defendant(s), COMPLAINT
TO: ALL COUNSEL ON ATTACHED CERTIFICATION OF MAILING
SIRS:
PLEASE TAKE NOTICE, that on Friday, February 17, 2023 at 9:00 a.m. in the
forenoon, or as soon thereafter as counsel may be heard, at the Court House, Freehold, New
Jersey, the undersigned attorneys will apply to the Assignment Judge of Monmouth County or
such judge as may be sitting in his place, for an Order to dismiss the Complaint for failure of
plaintiff(s), to properly serve the summons and complaint within the time prescribed by the
Rules of Court or for such alternative relief as contained in the attached Order.
IN SUPPORT OF THIS MOTION, the undersigned will rely upon the Certification
annexed hereto.
Oral argument is waived.
MON-L-003081-22 01/24/2023 3:33:48 PM Pg2of2 Trans ID: LCV2023351343
It is requested that the Court rule on the motion based upon the attached documents
pursuant to R. 1:6-2, An Order granting the relief requested is submitted herewith.
CAMASSA LAW FIRM, P.C.
Attorneys for Defendant(s),
Amica
By:
JOHN-A, CAMASSA, ESQ.
Dated: January 24, 2023
MON-L-003081-22 01/24/2023 3:33:48 PM Pglof2 Trans ID: LCV2023351343
JOHN A. CAMASSA, ESQ., #025361989
CAMASSA LAW FIRM, P.C.
1800 Route 34
Building 3, Suite 303
Wall, New Jersey 07719
(732) 749-3313
Attorney for Defendant, Amica Mutual Insurance Company
Our File: 30.8600CMB
SUPERIOR COURT OF NEW JERSEY
JOANNA OHMER and PATRICK OHMER, her
LAW DIVISION: MONMOUTH COUNTY
husband,
Plaintiff(s), Docket No: MON-L-003081-22
v.
Civil Action
AMICA MUTUAL INSURANCE COMPANY,
JOHN DOE 1-10 (fictitious names) and ABC, INC.
1-10 (fictitious entities), ORDER
Defendant(s),
THIS MATTER, having been open to the Court by Camassa Law Firm, P.C., and the
Court having reviewed the moving papers, and the opposition, if any, and for good cause shown,
It is this day of 2023
ORDERED that the Complaint of plaintiffs, JOANNA OHMER and PATRICK
OHMER, should be and is hereby dismissed, as to defendant, AMICA MUTUAL INSURANCE
COMPANY, only, for failure of the plaintiff to properly serve the Summons and Complaint
within the time prescribed by the Rules of Court; and it is further
FURTHER ORDERED, that service of this Order shall be deemed effectuated upon all
parties upon its upload to e-courts. Pursuant to Rule 1:5-1(a), movant shall serve a copy of this
Order on all parties not served electronically within seven (7) days of the date of this Order.
JS.C.
MON-L-003081-22 01/24/2023 3:33:48 PM Pg2of2 Trans ID: LCV2023351343
___ OPPOSED
UNOPPOSED
MON-L-003081-22 01/24/2023 3:33:48 PM Pglof5 Trans ID: LCV2023351343
JOHN A. CAMASSA, ESQ., #025361989
CAMASSA LAW FIRM, P.C.
1800 Route 34
Building 3, Suite 303
Wall, New Jersey 07719
(732) 749-3313
Attorney for Defendant, Amica Mutual Insurance Company
Our File: 30.8600CMB
SUPERIOR COURT OF NEW JERSEY
JOANNA OHMER and PATRICK OHMER, her
LAW DIVISION: MONMOUTH COUNTY
husband,
Plaintiff(s), Docket No: MON-L-00308 1-22
v
Civil Action
AMICA MUTUAL INSURANCE COMPANY,
JOHN DOE 1-10 (fictitious names) and ABC, INC. CERTIFICATION
1-10 (fictitious entities),
Defendant(s),
JOHN A. CAMASSA, of full age, states:
1 Tam an attorney at law in the State of New Jersey, an attorney with the Camassa Law
Firm, P.C. and am fully familiar with the facts of this case.
2 The complaint in this action was signed by plaintiff and was filed with the Court on
November 4, 2022. This matter was received by this office on November 23, 2022, with a request to
confirm service on our client.
3 This office bas requested that plaintiff provide proof of service on defendant, Amica
Mutual Insurance Company by letters dated November 29, 2022 and December 28, 2022, (A copy of
said letters is attached as Exhibit “A”).
4 To date, plaintiff has not provided proof of service nor has plaintiff provided a copy of
Notice of Motion requesting substituted service on carrier.
MON-L-003081-22 01/24/2023 3:33:48 PM Pg2of5 Trans ID: LCV2023351343
5 Rule 4:4 requires that plaintiff issue a summons within ten (10) days of filing of the
complaint and provides that failing so to do, the action may be dismissed in accordance with R.4:37-
2{a). The Rules then hold that if the summons remains unserved by the sheriff, or after forty (40) days
have clapsed from transmittal to the sheriff, service of process may be accomplished by certified mail,
with a copy sent regular mail. Plaintiff has provided no evidence that they have served a summons
within the requisite time allowed, nor have they then pursued alternative certified mail service,
6 Should late service by effected, we would be substantially prejudiced by plaintiff's
failure to use due diligence and prosecute this matter. This is particularly critical with the
implementation of the Best Practices Rules.
7 There are no Court dates scheduled for this matter.
8 There is no discovery end date in this matter.
9 It is, therefore, respectfully requested that the Court grant an order dismissing plaintiff's
complaint for failure to serve the Summons and Complaint in a timely manner.
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
OWN A. CAMASSA, ESQ,
Dated: January 24, 2023
MON-L-003081-22 01/24/2023 3:33:48 PM Pg3of5 Trans ID: LCV2023351343
EXHIBIT A
MON-L-003081-22 01/24/2023 3:33:48 PM Pg4of5 Trans ID: LCV2023351343
CAMASSA LAW FIRM, P.C.
1800 ROUTE 34
BUILDING 3, SUITE 303
WALL, NEW JERSEY 07719
JOHN A. CAMASSA 732-749-3313
FAX # 732-749-3317
BARBARA A. JACOB
CHRISTOPHER M. BRADY
ANTHONY F. PAOLUCCI
November 29, 2022
Herbert I. Ellis, Esq.
Law Offices of Herbert I. Ellis, P.C.
Ellis Law Center
87 South Street
Freehold, NJ 07728
RE: Obmer v. Amica Mutual Insurance Company
Docket No.: MON-L-003081-22
Claim No: 60002630578 04(Claim Center)
Our File No: 30.8600CMB
Dear Mr, Elfis:
On November 29, 2022, my office inquired about the status of service upon Amica Mutual
Insurance Company.
Please advise this office when service has been perfected so that we can file an
appropriate answer. Also please advise if you file a notice of motion for substituted service.
Please provide a copy of the proof of service.
Thank you for your courtesy and cooperation in this matter,
Very Pe
JOHN A. CAMASSA
JAC:md
MON-L-003081-22 01/24/2023 3:33:48 PM Pg5of5 Trans ID: LCV2023351343
CAMASSA LAW FIRM, P.C.
1800.RO! 34.
Jou A. CAMASSA 732-749-3313
FAX # 732-749-3317
BARBARA A. JACOB
CHRISTOPHER M. BRADY
ANTHONY F. PAOLUCCI
December 28, 2022
Via Fax (732) 577-0100
Herbert I. Ellis, Esq.
Law Offices of Herbert I. Ellis, P.C.
Ellis Law Center
87 South Street
Freehold, NJ 07728
RE; Obmer v. Amica Mutual Insurance Company
Docket No.: MON-L-003081-22
Claim No: 60002630578 04(Claim Center)
Our File No: -30,8600CMB
Dear Mr. Ellis:
On November 29, 2022 and December 28, 2022, my office inquired about the status of
service upon Amica Mutual Insurance Company.
Please advise this office when service has been perfected so that we can file an
appropriate answer. Also please advise if you file a notice of motion for substituted service.
Please provide a copy of the proof of service.
Thank you for your courtesy and cooperation in this matter.
Ve oly yoy ,
JOHN A. CAMASSA
JACmd
MON-L-003081-22 01/24/2023 3:33:48 PM Pglof1 Trans ID: LCV2023351343
CERTIFICATION OF MAILING
I, the undersigned, certify that a true copy of the within Notice of Motion and supporting papers
were sent via E-filing with the Court to:
Law Offices of Herbert I. Ellis, P.C.
Ellis Law Center
87 South Street
Freehold, NJ 07728
Attorney for Plaintiff
I, John A. Camassa, Esq. further certify that the original and a true copy of the within Notice of
Motion and supporting papers have been electronically filed with the Clerk of Monmouth County on
January 24, 2023.
JOHN4\. CAMASSA, ESQ.
Dated: January 24, 2023
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MON-L-003081-22 01/24/2023 3:33:48 PM Pglof2 Trans ID: LCV2023351343 JOHN A. CAMASSA, ESQ., #025361989 CAMASSA LAW FIRM, P.C. 1800 Route 34 Building 3, Suite 303 Wall, New Jersey 07719 (732) 749-3313 Attorney for Defendant, Amica Mutual Insurance Company Our File: 30.8600CMB SUPERIOR COURT OF NEW JERSEY JOANNA OHMER and PATRICK OHMER, her husband, LAW DIVISION: MONMOUTH COUNTY Plaintiff(s), Docket No: MON-L-003081-22 Vv, Civil Action AMICA MUTUAL INSURANCE COMPANY, JOLIN DOE 1-10 (fictitious names) and ABC, INC. NOTICE OF MOTION TO DISMISS 1-10 (fictitious entities), COMPLAINT FOR FAILURE TO SERVE SUMMONS AND Defendant(s), COMPLAINT TO: ALL COUNSEL ON ATTACHED CERTIFICATION OF MAILING SIRS: PLEASE TAKE NOTICE, that on Friday, February 17, 2023 at 9:00 a.m. in the forenoon, or as soon thereafter as counsel may be heard, at the Court House, Freehold, New Jersey, the undersigned attorneys will apply to the Assignment Judge of Monmouth County or such judge as may be sitting in his place, for an Order to dismiss the Complaint for failure of plaintiff(s), to properly serve the summons and complaint within the time prescribed by the Rules of Court or for such alternative relief as contained in the attached Order. IN SUPPORT OF THIS MOTION, the undersigned will rely upon the Certification annexed hereto. Oral argument is waived. MON-L-003081-22 01/24/2023 3:33:48 PM Pg2of2 Trans ID: LCV2023351343 It is requested that the Court rule on the motion based upon the attached documents pursuant to R. 1:6-2, An Order granting the relief requested is submitted herewith. CAMASSA LAW FIRM, P.C. Attorneys for Defendant(s), Amica By: JOHN-A, CAMASSA, ESQ. Dated: January 24, 2023 MON-L-003081-22 01/24/2023 3:33:48 PM Pglof2 Trans ID: LCV2023351343 JOHN A. CAMASSA, ESQ., #025361989 CAMASSA LAW FIRM, P.C. 1800 Route 34 Building 3, Suite 303 Wall, New Jersey 07719 (732) 749-3313 Attorney for Defendant, Amica Mutual Insurance Company Our File: 30.8600CMB SUPERIOR COURT OF NEW JERSEY JOANNA OHMER and PATRICK OHMER, her LAW DIVISION: MONMOUTH COUNTY husband, Plaintiff(s), Docket No: MON-L-003081-22 v. Civil Action AMICA MUTUAL INSURANCE COMPANY, JOHN DOE 1-10 (fictitious names) and ABC, INC. 1-10 (fictitious entities), ORDER Defendant(s), THIS MATTER, having been open to the Court by Camassa Law Firm, P.C., and the Court having reviewed the moving papers, and the opposition, if any, and for good cause shown, It is this day of 2023 ORDERED that the Complaint of plaintiffs, JOANNA OHMER and PATRICK OHMER, should be and is hereby dismissed, as to defendant, AMICA MUTUAL INSURANCE COMPANY, only, for failure of the plaintiff to properly serve the Summons and Complaint within the time prescribed by the Rules of Court; and it is further FURTHER ORDERED, that service of this Order shall be deemed effectuated upon all parties upon its upload to e-courts. Pursuant to Rule 1:5-1(a), movant shall serve a copy of this Order on all parties not served electronically within seven (7) days of the date of this Order. JS.C. MON-L-003081-22 01/24/2023 3:33:48 PM Pg2of2 Trans ID: LCV2023351343 ___ OPPOSED UNOPPOSED MON-L-003081-22 01/24/2023 3:33:48 PM Pglof5 Trans ID: LCV2023351343 JOHN A. CAMASSA, ESQ., #025361989 CAMASSA LAW FIRM, P.C. 1800 Route 34 Building 3, Suite 303 Wall, New Jersey 07719 (732) 749-3313 Attorney for Defendant, Amica Mutual Insurance Company Our File: 30.8600CMB SUPERIOR COURT OF NEW JERSEY JOANNA OHMER and PATRICK OHMER, her LAW DIVISION: MONMOUTH COUNTY husband, Plaintiff(s), Docket No: MON-L-00308 1-22 v Civil Action AMICA MUTUAL INSURANCE COMPANY, JOHN DOE 1-10 (fictitious names) and ABC, INC. CERTIFICATION 1-10 (fictitious entities), Defendant(s), JOHN A. CAMASSA, of full age, states: 1 Tam an attorney at law in the State of New Jersey, an attorney with the Camassa Law Firm, P.C. and am fully familiar with the facts of this case. 2 The complaint in this action was signed by plaintiff and was filed with the Court on November 4, 2022. This matter was received by this office on November 23, 2022, with a request to confirm service on our client. 3 This office bas requested that plaintiff provide proof of service on defendant, Amica Mutual Insurance Company by letters dated November 29, 2022 and December 28, 2022, (A copy of said letters is attached as Exhibit “A”). 4 To date, plaintiff has not provided proof of service nor has plaintiff provided a copy of Notice of Motion requesting substituted service on carrier. MON-L-003081-22 01/24/2023 3:33:48 PM Pg2of5 Trans ID: LCV2023351343 5 Rule 4:4 requires that plaintiff issue a summons within ten (10) days of filing of the complaint and provides that failing so to do, the action may be dismissed in accordance with R.4:37- 2{a). The Rules then hold that if the summons remains unserved by the sheriff, or after forty (40) days have clapsed from transmittal to the sheriff, service of process may be accomplished by certified mail, with a copy sent regular mail. Plaintiff has provided no evidence that they have served a summons within the requisite time allowed, nor have they then pursued alternative certified mail service, 6 Should late service by effected, we would be substantially prejudiced by plaintiff's failure to use due diligence and prosecute this matter. This is particularly critical with the implementation of the Best Practices Rules. 7 There are no Court dates scheduled for this matter. 8 There is no discovery end date in this matter. 9 It is, therefore, respectfully requested that the Court grant an order dismissing plaintiff's complaint for failure to serve the Summons and Complaint in a timely manner. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. OWN A. CAMASSA, ESQ, Dated: January 24, 2023 MON-L-003081-22 01/24/2023 3:33:48 PM Pg3of5 Trans ID: LCV2023351343 EXHIBIT A MON-L-003081-22 01/24/2023 3:33:48 PM Pg4of5 Trans ID: LCV2023351343 CAMASSA LAW FIRM, P.C. 1800 ROUTE 34 BUILDING 3, SUITE 303 WALL, NEW JERSEY 07719 JOHN A. CAMASSA 732-749-3313 FAX # 732-749-3317 BARBARA A. JACOB CHRISTOPHER M. BRADY ANTHONY F. PAOLUCCI November 29, 2022 Herbert I. Ellis, Esq. Law Offices of Herbert I. Ellis, P.C. Ellis Law Center 87 South Street Freehold, NJ 07728 RE: Obmer v. Amica Mutual Insurance Company Docket No.: MON-L-003081-22 Claim No: 60002630578 04(Claim Center) Our File No: 30.8600CMB Dear Mr, Elfis: On November 29, 2022, my office inquired about the status of service upon Amica Mutual Insurance Company. Please advise this office when service has been perfected so that we can file an appropriate answer. Also please advise if you file a notice of motion for substituted service. Please provide a copy of the proof of service. Thank you for your courtesy and cooperation in this matter, Very Pe JOHN A. CAMASSA JAC:md MON-L-003081-22 01/24/2023 3:33:48 PM Pg5of5 Trans ID: LCV2023351343 CAMASSA LAW FIRM, P.C. 1800.RO! 34. Jou A. CAMASSA 732-749-3313 FAX # 732-749-3317 BARBARA A. JACOB CHRISTOPHER M. BRADY ANTHONY F. PAOLUCCI December 28, 2022 Via Fax (732) 577-0100 Herbert I. Ellis, Esq. Law Offices of Herbert I. Ellis, P.C. Ellis Law Center 87 South Street Freehold, NJ 07728 RE; Obmer v. Amica Mutual Insurance Company Docket No.: MON-L-003081-22 Claim No: 60002630578 04(Claim Center) Our File No: -30,8600CMB Dear Mr. Ellis: On November 29, 2022 and December 28, 2022, my office inquired about the status of service upon Amica Mutual Insurance Company. Please advise this office when service has been perfected so that we can file an appropriate answer. Also please advise if you file a notice of motion for substituted service. Please provide a copy of the proof of service. Thank you for your courtesy and cooperation in this matter. Ve oly yoy , JOHN A. CAMASSA JACmd MON-L-003081-22 01/24/2023 3:33:48 PM Pglof1 Trans ID: LCV2023351343 CERTIFICATION OF MAILING I, the undersigned, certify that a true copy of the within Notice of Motion and supporting papers were sent via E-filing with the Court to: Law Offices of Herbert I. Ellis, P.C. Ellis Law Center 87 South Street Freehold, NJ 07728 Attorney for Plaintiff I, John A. Camassa, Esq. further certify that the original and a true copy of the within Notice of Motion and supporting papers have been electronically filed with the Clerk of Monmouth County on January 24, 2023. JOHN4\. CAMASSA, ESQ. Dated: January 24, 2023