Preview
MON-L-000331-24 12/28/2023 Pglof4 Trans ID: LCV2024227229
WROING*UUU 11 2-29 VIZULZULI FY UL Hdl IW, Urmuesuzvuuerue
Daniel J. DiMuro, Esq. (Attorney ID: 033102007) FILED
D. Wesley Mechan, q. (Attorney ID: 321432020)
GORDON REES SCULLY MANSUKHANI LLP DEC 28 2023
18 Columbia Turnpike, Suite 220
p.J.Ch.
Florham Park, New Jersey 07932 David F. Bauman,
Phone: (973) 549-2500
Attorneys for Plaii
FirstService Residential MidAtlantic, LLC
SUPERIOR COURT OF NEW JERSEY
FIRSTSERVICE RESIDENTIAL CHANCERY DIVISION: GENERAL
MIDATLANTIC, LLC, EQUITY PART
MONMOUTH COUNTY
Plaintiff,
v DOCKET NO,: C-172-23
THE PLAZA GRANDE AT OLD BRIDGE
CONDOMINIUM ASSOCIATION, INC., ORDER TO SHOW CAUSE
WITH TEMPORARY RESTRAINTS
Defendant. PURSUANT TO R. 4:52
THIS MATTER having been brought before the Court by FirstService Residential
MidAtlantic, LLC (“SR”), by and through its counsel Gordon Rees Scully Mansukhani, LLP,
sccking rclicfby way of temporary restraints and a preliminary injunction pursuant to R. 4:52
against Defendant ‘The Plaza Grande at Old Bridge Condominium Association, Inc. (the
“Association”), based upon the facts set forth in the Verified Complaint filed herewith and the
Certifications attached thereto; and it appearing that Defendant has notice of this application, and
for good cause shown:
gy,
IT IS on this Be _day of December, 2023
ORDERED that Defendant appear and show cause before the Superior Court at the
1 Mary STREET
Monmouth County Courthouse, Chancery Division located at 7+Monument-Street, Frechold,
New Jerscy 07728 at 4 8 ge o’clock in the Airéunor as soon thereafter as counsel can be
heard, on the & tay of Febvvesys 2025 why an Order should not be issued preliminarily
enjoining and restraining Defendant from:
a) ‘Terminating the Condominium Association Management Agreement (the “Agreement”);
MON-L-000331-24 12/28/2023 Pg2of4
a
Trans ID: LCV2024227229
MUN-U-UUU 12-25 1giZuduzo rye Hlatls WW, UNE ZuZ0UET YU.
b) Taking any actions in violation of the terms of the Agreement;
c) Taking any actions preventing FSR from fulfilling its duties and obligations in
accordance with the terms of the Agreement;
d) Purther retaining Association Advisors as its property manager until this matter is
resolved; and
¢) For such other, further and equitable relief as this Court finds just and proper.
And it is further ORDERED that pending the return date herein, Defendant is enjoined and
restrained from
a) Taking any action to impede or DENIED gin managing Defendant’s condominium
complex in accordance with the terms of the Agreement.
And it is further ORDERED that:
1, Defendant may move eee or rosy Spstiporay restraints herr sonni on
two (2) days’ notice to the Plaintiff's counsel of record.
2. A copy of this Order to Show Cause, Verified Complaint, Legal Memorandum and any
support Certifications submitted in support of this application be served upon Defendant’s
Counsel via electronic mail and Fed¥ix within __ 2. days of the date hereof, in accordance with
R. 4:4-3 and R. 4:4-4, this being original process.
3 of service of the pleadings on Defendant no
‘The Plaintiff must file with the Court proof
later than three (3) days before the return date.
4, Defendant shall file and serve a response to this Order to Show Cause and the Ree
of service by Gasman
entry of injunctive relicf and proof h 202% Defendant’s origina’ |
opposition papers must be filed with the Clerk of the Superior Court in the county listed above.
A directory of these offices is available in the Civil Division Management Office in the county
Wo Co-Gn, acmapmsaxprsetcd orn
a LAO Be Dey tbe dee LE lee z
MON-L-000331-24 12/28/2023 Pg3of4 Trans ID: LCV2024227229
MUN-O-UUU T1225 l4igcuZs rye Hans 1. ONU42uevuuel ve
listed above and online at njcourts.gov. You must send a copy of your opposition papers directly
Lita, Since
to Judge Btn, whose address is 74-Menument-Strcet, Frechold, New Jersey 07728.
Defendant must also send copies of the opposition papers to Plaintiff's altorncy, listed
above, at Gordon Rees Scully Mansukhani, LLP 18 Columbia Turnpike, Florham Park, NJ
07932, (Defendant: please note that, a telephone call will not protect your rights; you must file
your opposition and pay the required fec and serve your opposition on your adversary, if you
want the Court to hear your opposition to the injunctive relief Plaintiff is sccking).
Plaintiff must file and serve any written reply to Defendant’s opposition, if any, by
Cawenn b , 202-4. ‘The reply papers must be filed with the Clerk of the Superior Court in
the county listed above and copies of such reply papers must be sent directly to the chambers of
t Mtaiy Se
Judge RATA FANE I. S.C., at Frvtonument-Strect, Frechold, New Jersey 07728.
If Defendant does not file and scrve 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,
of service and proposed form of order at least three (3)
provided that the Plaintiff files a proof
days prior to the return date.
has not already done so, a proposed form of order addressing the relict
If the Plaintiff
sought on the return date (along with a self-addressed, postage-prepaid, return envelope) must be
submitted to the Court no later than three (3) days before the return date.
Defendant, take notice that 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. Jf you dispute this complaint, you, and your attorney, must file a written answer to
of service within thirty-five (35) days from the date of service of this
the complaint and proof
Order to Show Cause, not counting the day you received it.
MON-L-000331-24 12/28/2023 Pg4of4 Trans ID: LCV2024227229
MON-G-UUUT / 2-23 W2IZUIZUZ5 FQ 4 O14 Hans ID) UNU 225505
/00
‘These documents must be filed with the Clerk of the Superior Court in the county listed
above. A directory of these offices is available in the Civil Division Management Office in the
county listed above and online at njcourts.gov. 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 appcar 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 thirty-five (35) days of this Order, the Court may enter a default against you
for the relief Plaintiff demands.
If you cannot afford an attorney, you may call the Legal Services office in the county in
which you live or the Legal Services of New Jersey Statewide [otline at 1-888-LSNJ-LAW (1-
888-576-5529). Ifyou do not have an attorney and are not eligible for the free legal assistance,
you may obtain a referral to an attorney by calling onc of the Lawyer Referral Services. A
directory with contact information for local Legal Services Offices and Lawycr Referral Services
is available in the Civil Division Management Office in the county listed above and online at
njcourts.gov.
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 thar days
before the return date. a
David F. Bauman, P.J.Ch.
Preview
MON-L-000331-24 12/28/2023 Pglof4 Trans ID: LCV2024227229 WROING*UUU 11 2-29 VIZULZULI FY UL Hdl IW, Urmuesuzvuuerue Daniel J. DiMuro, Esq. (Attorney ID: 033102007) FILED D. Wesley Mechan, q. (Attorney ID: 321432020) GORDON REES SCULLY MANSUKHANI LLP DEC 28 2023 18 Columbia Turnpike, Suite 220 p.J.Ch. Florham Park, New Jersey 07932 David F. Bauman, Phone: (973) 549-2500 Attorneys for Plaii FirstService Residential MidAtlantic, LLC SUPERIOR COURT OF NEW JERSEY FIRSTSERVICE RESIDENTIAL CHANCERY DIVISION: GENERAL MIDATLANTIC, LLC, EQUITY PART MONMOUTH COUNTY Plaintiff, v DOCKET NO,: C-172-23 THE PLAZA GRANDE AT OLD BRIDGE CONDOMINIUM ASSOCIATION, INC., ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINTS Defendant. PURSUANT TO R. 4:52 THIS MATTER having been brought before the Court by FirstService Residential MidAtlantic, LLC (“SR”), by and through its counsel Gordon Rees Scully Mansukhani, LLP, sccking rclicfby way of temporary restraints and a preliminary injunction pursuant to R. 4:52 against Defendant ‘The Plaza Grande at Old Bridge Condominium Association, Inc. (the “Association”), based upon the facts set forth in the Verified Complaint filed herewith and the Certifications attached thereto; and it appearing that Defendant has notice of this application, and for good cause shown: gy, IT IS on this Be _day of December, 2023 ORDERED that Defendant appear and show cause before the Superior Court at the 1 Mary STREET Monmouth County Courthouse, Chancery Division located at 7+Monument-Street, Frechold, New Jerscy 07728 at 4 8 ge o’clock in the Airéunor as soon thereafter as counsel can be heard, on the & tay of Febvvesys 2025 why an Order should not be issued preliminarily enjoining and restraining Defendant from: a) ‘Terminating the Condominium Association Management Agreement (the “Agreement”); MON-L-000331-24 12/28/2023 Pg2of4 a Trans ID: LCV2024227229 MUN-U-UUU 12-25 1giZuduzo rye Hlatls WW, UNE ZuZ0UET YU. b) Taking any actions in violation of the terms of the Agreement; c) Taking any actions preventing FSR from fulfilling its duties and obligations in accordance with the terms of the Agreement; d) Purther retaining Association Advisors as its property manager until this matter is resolved; and ¢) For such other, further and equitable relief as this Court finds just and proper. And it is further ORDERED that pending the return date herein, Defendant is enjoined and restrained from a) Taking any action to impede or DENIED gin managing Defendant’s condominium complex in accordance with the terms of the Agreement. And it is further ORDERED that: 1, Defendant may move eee or rosy Spstiporay restraints herr sonni on two (2) days’ notice to the Plaintiff's counsel of record. 2. A copy of this Order to Show Cause, Verified Complaint, Legal Memorandum and any support Certifications submitted in support of this application be served upon Defendant’s Counsel via electronic mail and Fed¥ix within __ 2. days of the date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being original process. 3 of service of the pleadings on Defendant no ‘The Plaintiff must file with the Court proof later than three (3) days before the return date. 4, Defendant shall file and serve a response to this Order to Show Cause and the Ree of service by Gasman entry of injunctive relicf and proof h 202% Defendant’s origina’ | opposition papers must be filed with the Clerk of the Superior Court in the county listed above. A directory of these offices is available in the Civil Division Management Office in the county Wo Co-Gn, acmapmsaxprsetcd orn a LAO Be Dey tbe dee LE lee z MON-L-000331-24 12/28/2023 Pg3of4 Trans ID: LCV2024227229 MUN-O-UUU T1225 l4igcuZs rye Hans 1. ONU42uevuuel ve listed above and online at njcourts.gov. You must send a copy of your opposition papers directly Lita, Since to Judge Btn, whose address is 74-Menument-Strcet, Frechold, New Jersey 07728. Defendant must also send copies of the opposition papers to Plaintiff's altorncy, listed above, at Gordon Rees Scully Mansukhani, LLP 18 Columbia Turnpike, Florham Park, NJ 07932, (Defendant: please note that, a telephone call will not protect your rights; you must file your opposition and pay the required fec and serve your opposition on your adversary, if you want the Court to hear your opposition to the injunctive relief Plaintiff is sccking). Plaintiff must file and serve any written reply to Defendant’s opposition, if any, by Cawenn b , 202-4. ‘The reply papers must be filed with the Clerk of the Superior Court in the county listed above and copies of such reply papers must be sent directly to the chambers of t Mtaiy Se Judge RATA FANE I. S.C., at Frvtonument-Strect, Frechold, New Jersey 07728. If Defendant does not file and scrve 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, of service and proposed form of order at least three (3) provided that the Plaintiff files a proof days prior to the return date. has not already done so, a proposed form of order addressing the relict If the Plaintiff sought on the return date (along with a self-addressed, postage-prepaid, return envelope) must be submitted to the Court no later than three (3) days before the return date. Defendant, take notice that 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. Jf you dispute this complaint, you, and your attorney, must file a written answer to of service within thirty-five (35) days from the date of service of this the complaint and proof Order to Show Cause, not counting the day you received it. MON-L-000331-24 12/28/2023 Pg4of4 Trans ID: LCV2024227229 MON-G-UUUT / 2-23 W2IZUIZUZ5 FQ 4 O14 Hans ID) UNU 225505 /00 ‘These documents must be filed with the Clerk of the Superior Court in the county listed above. A directory of these offices is available in the Civil Division Management Office in the county listed above and online at njcourts.gov. 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 appcar 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 thirty-five (35) days of this Order, the Court may enter a default against you for the relief Plaintiff demands. If you cannot afford an attorney, you may call the Legal Services office in the county in which you live or the Legal Services of New Jersey Statewide [otline at 1-888-LSNJ-LAW (1- 888-576-5529). Ifyou do not have an attorney and are not eligible for the free legal assistance, you may obtain a referral to an attorney by calling onc of the Lawyer Referral Services. A directory with contact information for local Legal Services Offices and Lawycr Referral Services is available in the Civil Division Management Office in the county listed above and online at njcourts.gov. 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 thar days before the return date. a David F. Bauman, P.J.Ch.