Preview
OCN-L-002992-20 12/18/2020 1:47:34 PM Pg 1 of 6 Trans ID: LCV20202306999
KING MOENCH HIRNIAK & MEHTA, LLP
Matthew C. Moench, Esq.
Attorney Id. No. 031462007
51 Gibraltar Drive, Suite 2F
Morris Plains, New Jersey 07950-1254
973-998-6860
973-998-6863 (facsimile)
Attorneys for Respondents
Sandford Ross, Jr. and Edward Murray
IN RE THE 2020 MUNICIPAL SUPERIOR COURT OF NEW JERSEY
GENERAL ELECTION FOR THE LAW DIVISION: OCEAN COUNTY
OFFICE OF BOROUGH COUNCIL OF
THE BOROUGH OF SOUTH TOMS
RIVER, IN THE COUNTY OF OCEAN, Docket No.: OCN-L-2992-20
IN THE STATE OF NEW JESREY
Civil Action
GEORGE RUTZLER AND JAMEAL
CALHOUN, ANSWER
Petitioners,
v.
OCEAN COUNTY BOARD OF
ELECTIONS; SUPERINTENDENT OF
ELECTIONS OF THE COUNTY OF
OCEAN; HON. SCOTT M.
COLABELLA, in his official capacity as
County Clerk of the County of Ocean,
JOSEPH KOSTECKI, in his official
capacity as Borough Clerk of the Borough
of South Toms River; and SANDFORD
ROSS, JR, and EDWARD MURRAY, in
their capacity as Candidates for Borough
Council for South Toms River, and JOHN
DOES 1-5,
Respondents.
Respondents, EDWARD MURRAY and SANDFORD ROSS, JR., in their capacities as
Candidates for Borough Council for South Toms River, by way of answer, says:
OCN-L-002992-20 12/18/2020 1:47:34 PM Pg 2 of 6 Trans ID: LCV20202306999
1. Respondents neither admit nor deny the allegations in paragraph 1, and leave
Petitioners to their proofs.
2. Respondents neither admit nor deny the allegations in paragraph 2, and leave
Petitioners to their proofs.
3. Admitted.
4. Respondents neither admit nor deny the allegations in paragraph 4, and leave
Petitioners to their proofs.
THE PARTIES
5. Respondents neither admit nor deny the allegations in paragraph 5, and leave
Petitioners to their proofs.
6. Respondents neither admit nor deny the allegations in paragraph 6, and leave
Petitioners to their proofs
7. Respondents neither admit nor deny the allegations in paragraph 7, and leave
Petitioners to their proofs.
8. Respondents neither admit nor deny the allegations in paragraph 8, and leave
Petitioners to their proofs.
9. Respondents neither admit nor deny the allegations in paragraph 9, and leave
Petitioners to their proofs.
10. Admitted.
2020 ELECTION
11. Admitted.
12. Admitted.
13. Admitted.
OCN-L-002992-20 12/18/2020 1:47:34 PM Pg 3 of 6 Trans ID: LCV20202306999
14. Respondents neither admit nor deny the allegations in paragraph 14, and leave
Petitioners to their proofs.
RECOUNT AND RECHECK
15. Respondents admit that a recount occurred on November 30, 2020 and deny the
remaining allegations in paragraph 15.
16. Respondents neither admit nor deny the allegations in paragraph 16, and leave
Petitioners to their proofs.
17. Respondents neither admit nor deny the allegations in paragraph 17, and leave
Petitioners to their proofs.
ILLEGAL VOTES
18. Respondents neither admit nor deny the allegations in paragraph 18, and leave
Petitioners to their proofs.
19. Respondents deny the allegations in paragraph 19.
IMPROPERLY REJECTED BALLOTS
20. Respondents neither admit nor deny the allegations in paragraph 20, and leave
Petitioners to their proofs.
21. Respondents deny the allegations in paragraph 21.
22. Respondents deny the allegations in paragraph 22.
23. Respondents deny the allegations in paragraph 23.
24. Respondents deny the allegations in paragraph 24.
25. Respondents deny the allegations in paragraph 25.
26. Respondents deny the allegations in paragraph 26.
OCN-L-002992-20 12/18/2020 1:47:34 PM Pg 4 of 6 Trans ID: LCV20202306999
COUNTERCLAIMS
ILLEGAL VOTES CAST
27. In connection with the Election, the Respondents have become aware of up to
twenty-six (26) illegal votes received and counted by the BOE.
28. The following individuals cast votes in the election, but no longer reside in South
Toms River:
a. Irene Clanton
b. Jeanne Warford
c. Danielle Chance
d. Chontelle Dillard
e. Oscar Dillard
f. Labruce Mccown
g. Kevin Mccown
h. Geneva Loftion
i. Quataisha Hailey
j. Roshanna Hailey
k. Esdon Brown
l. Makesha Brown
m. Thomas Jacobs
n. John Sonsiadek
o. Tyler Martin
p. Dumas Torney
q. Aaron Buchana
r. Jennifer Magyar
29. These individuals were no longer domiciled in South Toms River and were not
entitled to cast votes in this election.
30. In addition, the following individuals are using addresses which do not appear to
be valid residential addresses and are only commercial properties:
a. Millicent Pape
b. Dominick Spina
31. The following voters are using addresses not in South Toms River, and therefore
are not eligible to vote in South Toms River:
a. Kathleen Serafin
OCN-L-002992-20 12/18/2020 1:47:34 PM Pg 5 of 6 Trans ID: LCV20202306999
b. Marjorie Ribarro
c. Judith Moreno
d. Aiden Alteiro
e. Robert Rodriguez-Bolden
f. Joseph Schoentube
32. The BOE improperly counted these votes in the election.
REJECTED VOTE-BY-MAIL BALLOTS – SIGNATURE MATCHING
33. In connection with the Election, the BOE voided a vote-by-mail ballot for perceived
technical ballot issues.
34. Danielle Decross is a registered voter in the Borough of South Toms River and cast
a VBM ballot in the Election, which was timely received by the BOE.
35. The VBM ballot was rejected because it did not contain a certificate.
36. Pursuant to the state’s ballot cure legislation, and in order to further the interests of
permitting all properly registered voters to have their ballot counted, the BOE should have
provided the voter with an opportunity to cure her ballot, as was done in the decision of In re Voter
Request Application of Kenya Shawnee Brown, initially issued by Judge Michael O’Neill of
Vicinage XIII on October 30, 2020.
WHEREFORE, respondents SANDFORD ROSS, JR., and EDWARD MURRAY
demand entry of an Order dismissing the Petitioner filed by GEORGE RUTZLER and JAMEAL
CALHOUN, certifying the results of the election in favor of SANDFORD ROSS, JR. and
EDWARD MURRAY, and awarding costs of suit, attorney’s fees and defense costs incurred in
this matter, and for such other and further relief as the Court deems just and proper.
DESIGNATION OF TRIAL COUNSEL
Matthew C. Moench, Esq. is hereby designated as trial counsel in this matter.
OCN-L-002992-20 12/18/2020 1:47:34 PM Pg 6 of 6 Trans ID: LCV20202306999
KING, MOENCH, HIRNIAK & MEHTA, LLP
Attorneys for Respondents,
Sandford Ross, Jr. and Edward Murray
By: s/Matthew C. Moench
Dated: December 18, 2020 MATTHEW C. MOENCH
CERTIFICATION PURSUANT TO R. 4:5-1
It is hereby certified that this matter is subject of a previously filed matter entitled Rutzler
v. Ocean County Board of Elections, OCN-L-2830-20, as well as Ross v. Ocean County Board of
Elections, OCN-L-2956-20. I know of no other party who should be joined in this action at this
time. I hereby certify that these statements made by me are true and that I am aware that if any of
these statements is willfully false, I am subject to punishment.
KING, MOENCH, HIRNIAK & MEHTA, LLP
Attorneys for Respondents,
Sandford Ross, Jr. and Edward Murray
By: s/Matthew C. Moench
Dated: December 18, 2020 MATTHEW C. MOENCH
OCN-L-002992-20 12/18/2020 1:47:35 PM Pg 1 of 2 Trans ID: LCV20202306999
Civil Case Information Statement
Case Details: OCEAN | Civil Part Docket# L-002992-20
Case Caption: IN THE MATTER OF RUTZLER GEORGE Case Type: OTHER null
Case Initiation Date: 12/12/2020 Document Type: Answer
Attorney Name: MATTHEW C MOENCH Jury Demand: NONE
Firm Name: KING, MOENCH, HIRNIAK & MEHTA, LLP Is this a professional malpractice case? NO
Address: 51 GIBRALTAR DR STE 2F Related cases pending: YES
MORRIS PLAINS NJ 079501254 If yes, list docket numbers: OCN-L-2956-20
Phone: 9739986860 Do you anticipate adding any parties (arising out of same
Name of Party: RESPONDENT : MURRAY, EDWARD transaction or occurrence)? NO
Name of Defendant’s Primary Insurance Company
(if known): None Are sexual abuse claims alleged by: JAMEAL CALHOUN? NO
Are sexual abuse claims alleged by: GEORGE RUTZLER? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
12/18/2020 /s/ MATTHEW C MOENCH
Dated Signed
OCN-L-002992-20 12/18/2020 1:47:35 PM Pg 2 of 2 Trans ID: LCV20202306999
Preview
OCN-L-002992-20 12/18/2020 1:47:34 PM Pg 1 of 6 Trans ID: LCV20202306999 KING MOENCH HIRNIAK & MEHTA, LLP Matthew C. Moench, Esq. Attorney Id. No. 031462007 51 Gibraltar Drive, Suite 2F Morris Plains, New Jersey 07950-1254 973-998-6860 973-998-6863 (facsimile) Attorneys for Respondents Sandford Ross, Jr. and Edward Murray IN RE THE 2020 MUNICIPAL SUPERIOR COURT OF NEW JERSEY GENERAL ELECTION FOR THE LAW DIVISION: OCEAN COUNTY OFFICE OF BOROUGH COUNCIL OF THE BOROUGH OF SOUTH TOMS RIVER, IN THE COUNTY OF OCEAN, Docket No.: OCN-L-2992-20 IN THE STATE OF NEW JESREY Civil Action GEORGE RUTZLER AND JAMEAL CALHOUN, ANSWER Petitioners, v. OCEAN COUNTY BOARD OF ELECTIONS; SUPERINTENDENT OF ELECTIONS OF THE COUNTY OF OCEAN; HON. SCOTT M. COLABELLA, in his official capacity as County Clerk of the County of Ocean, JOSEPH KOSTECKI, in his official capacity as Borough Clerk of the Borough of South Toms River; and SANDFORD ROSS, JR, and EDWARD MURRAY, in their capacity as Candidates for Borough Council for South Toms River, and JOHN DOES 1-5, Respondents. Respondents, EDWARD MURRAY and SANDFORD ROSS, JR., in their capacities as Candidates for Borough Council for South Toms River, by way of answer, says: OCN-L-002992-20 12/18/2020 1:47:34 PM Pg 2 of 6 Trans ID: LCV20202306999 1. Respondents neither admit nor deny the allegations in paragraph 1, and leave Petitioners to their proofs. 2. Respondents neither admit nor deny the allegations in paragraph 2, and leave Petitioners to their proofs. 3. Admitted. 4. Respondents neither admit nor deny the allegations in paragraph 4, and leave Petitioners to their proofs. THE PARTIES 5. Respondents neither admit nor deny the allegations in paragraph 5, and leave Petitioners to their proofs. 6. Respondents neither admit nor deny the allegations in paragraph 6, and leave Petitioners to their proofs 7. Respondents neither admit nor deny the allegations in paragraph 7, and leave Petitioners to their proofs. 8. Respondents neither admit nor deny the allegations in paragraph 8, and leave Petitioners to their proofs. 9. Respondents neither admit nor deny the allegations in paragraph 9, and leave Petitioners to their proofs. 10. Admitted. 2020 ELECTION 11. Admitted. 12. Admitted. 13. Admitted. OCN-L-002992-20 12/18/2020 1:47:34 PM Pg 3 of 6 Trans ID: LCV20202306999 14. Respondents neither admit nor deny the allegations in paragraph 14, and leave Petitioners to their proofs. RECOUNT AND RECHECK 15. Respondents admit that a recount occurred on November 30, 2020 and deny the remaining allegations in paragraph 15. 16. Respondents neither admit nor deny the allegations in paragraph 16, and leave Petitioners to their proofs. 17. Respondents neither admit nor deny the allegations in paragraph 17, and leave Petitioners to their proofs. ILLEGAL VOTES 18. Respondents neither admit nor deny the allegations in paragraph 18, and leave Petitioners to their proofs. 19. Respondents deny the allegations in paragraph 19. IMPROPERLY REJECTED BALLOTS 20. Respondents neither admit nor deny the allegations in paragraph 20, and leave Petitioners to their proofs. 21. Respondents deny the allegations in paragraph 21. 22. Respondents deny the allegations in paragraph 22. 23. Respondents deny the allegations in paragraph 23. 24. Respondents deny the allegations in paragraph 24. 25. Respondents deny the allegations in paragraph 25. 26. Respondents deny the allegations in paragraph 26. OCN-L-002992-20 12/18/2020 1:47:34 PM Pg 4 of 6 Trans ID: LCV20202306999 COUNTERCLAIMS ILLEGAL VOTES CAST 27. In connection with the Election, the Respondents have become aware of up to twenty-six (26) illegal votes received and counted by the BOE. 28. The following individuals cast votes in the election, but no longer reside in South Toms River: a. Irene Clanton b. Jeanne Warford c. Danielle Chance d. Chontelle Dillard e. Oscar Dillard f. Labruce Mccown g. Kevin Mccown h. Geneva Loftion i. Quataisha Hailey j. Roshanna Hailey k. Esdon Brown l. Makesha Brown m. Thomas Jacobs n. John Sonsiadek o. Tyler Martin p. Dumas Torney q. Aaron Buchana r. Jennifer Magyar 29. These individuals were no longer domiciled in South Toms River and were not entitled to cast votes in this election. 30. In addition, the following individuals are using addresses which do not appear to be valid residential addresses and are only commercial properties: a. Millicent Pape b. Dominick Spina 31. The following voters are using addresses not in South Toms River, and therefore are not eligible to vote in South Toms River: a. Kathleen Serafin OCN-L-002992-20 12/18/2020 1:47:34 PM Pg 5 of 6 Trans ID: LCV20202306999 b. Marjorie Ribarro c. Judith Moreno d. Aiden Alteiro e. Robert Rodriguez-Bolden f. Joseph Schoentube 32. The BOE improperly counted these votes in the election. REJECTED VOTE-BY-MAIL BALLOTS – SIGNATURE MATCHING 33. In connection with the Election, the BOE voided a vote-by-mail ballot for perceived technical ballot issues. 34. Danielle Decross is a registered voter in the Borough of South Toms River and cast a VBM ballot in the Election, which was timely received by the BOE. 35. The VBM ballot was rejected because it did not contain a certificate. 36. Pursuant to the state’s ballot cure legislation, and in order to further the interests of permitting all properly registered voters to have their ballot counted, the BOE should have provided the voter with an opportunity to cure her ballot, as was done in the decision of In re Voter Request Application of Kenya Shawnee Brown, initially issued by Judge Michael O’Neill of Vicinage XIII on October 30, 2020. WHEREFORE, respondents SANDFORD ROSS, JR., and EDWARD MURRAY demand entry of an Order dismissing the Petitioner filed by GEORGE RUTZLER and JAMEAL CALHOUN, certifying the results of the election in favor of SANDFORD ROSS, JR. and EDWARD MURRAY, and awarding costs of suit, attorney’s fees and defense costs incurred in this matter, and for such other and further relief as the Court deems just and proper. DESIGNATION OF TRIAL COUNSEL Matthew C. Moench, Esq. is hereby designated as trial counsel in this matter. OCN-L-002992-20 12/18/2020 1:47:34 PM Pg 6 of 6 Trans ID: LCV20202306999 KING, MOENCH, HIRNIAK & MEHTA, LLP Attorneys for Respondents, Sandford Ross, Jr. and Edward Murray By: s/Matthew C. Moench Dated: December 18, 2020 MATTHEW C. MOENCH CERTIFICATION PURSUANT TO R. 4:5-1 It is hereby certified that this matter is subject of a previously filed matter entitled Rutzler v. Ocean County Board of Elections, OCN-L-2830-20, as well as Ross v. Ocean County Board of Elections, OCN-L-2956-20. I know of no other party who should be joined in this action at this time. I hereby certify that these statements made by me are true and that I am aware that if any of these statements is willfully false, I am subject to punishment. KING, MOENCH, HIRNIAK & MEHTA, LLP Attorneys for Respondents, Sandford Ross, Jr. and Edward Murray By: s/Matthew C. Moench Dated: December 18, 2020 MATTHEW C. MOENCH OCN-L-002992-20 12/18/2020 1:47:35 PM Pg 1 of 2 Trans ID: LCV20202306999 Civil Case Information Statement Case Details: OCEAN | Civil Part Docket# L-002992-20 Case Caption: IN THE MATTER OF RUTZLER GEORGE Case Type: OTHER null Case Initiation Date: 12/12/2020 Document Type: Answer Attorney Name: MATTHEW C MOENCH Jury Demand: NONE Firm Name: KING, MOENCH, HIRNIAK & MEHTA, LLP Is this a professional malpractice case? NO Address: 51 GIBRALTAR DR STE 2F Related cases pending: YES MORRIS PLAINS NJ 079501254 If yes, list docket numbers: OCN-L-2956-20 Phone: 9739986860 Do you anticipate adding any parties (arising out of same Name of Party: RESPONDENT : MURRAY, EDWARD transaction or occurrence)? NO Name of Defendant’s Primary Insurance Company (if known): None Are sexual abuse claims alleged by: JAMEAL CALHOUN? NO Are sexual abuse claims alleged by: GEORGE RUTZLER? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 12/18/2020 /s/ MATTHEW C MOENCH Dated Signed OCN-L-002992-20 12/18/2020 1:47:35 PM Pg 2 of 2 Trans ID: LCV20202306999