On May 30, 2018 a Answer was filed involving a dispute between Pennrose Llc, and Andre Oliveriera, Annette L Smith, Aparecida S Coutinho, Apc Associates Llc, Carl Muller, Carol L Radomski, Carol Muller, Chakrya K Molinoff, Charles Furlong, Christine E Herb, Christine Greatrex, Daniel Hanks, Daryl F Tonia, David Hercock, Diane Speer, Diego Castellanos, Doris G Blyler, Edward Mulka, Elizabeth Falco, Erika Gore, Eugene M Flacche, Eva Hanks, George C Greatrex Jr, George Freudenberg, Giovanna Ferriera, Hoover Quintero Garcia, Hui Y Shih, James E Weist, Jeffrey B Canfield, Jeffrey D Herb, Jeffrey L Molinoff, Joanne K Welch, John M Pfrommer, John S Radomski, Jose A Coutinho, Joseph Cavalieri, Karen Woznica, Katherine O Schimmel, Keenan Builders Llc, Lee H Schimmel, Margo Furlong, Marie E Kern, Ming T Shih, Muir A Mcmath, Paulette Smith, Rebecca Castellanos, Recon Investment Group Llc, Richard J Smith, Robert Gore, Robert Woznica, Ronnie M Tarchichi, Roseanne M Canfield, Russell Smith, Scott G Kern, Sigmund Tonia, Susan M Stevens, Syeda F Ahmed, Syed M Ahmed, Theodore J Speer Jr, Thomas B Mitchell, Umur Selek, Vito Brasile, Warren G Blyler, Wongsduan Mulka, for Mt. Laurel in the District Court of Burlington County.
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BUR L 001147-18 05/30/2018 Pg 1 of 9 Trans ID: LCV20181038271 BUR-L-001604-1 5 0511412018 12:47 :58 PM Pg 1 of 8 Trans lD: 1CV2018844344 Doughs L. Heinold, Esquirc RAYMOND COLEMAN HEINOLD, LLP 325 Ncw Albany Road Moorestown, NJ 08057 (856)222-0100 Attomey lD: 6241996 Attomeys lbr John and Carol Radomski. Joseph Cavalieri. and Scott and Marie Kcm PENNROSE, LLC, SUPERIOR COURT OF NEW JERSEY BTJRI,INCTON COUNTY Third-Party PlaintilL LAW DtVIStON DOCKET NO. BUR.L.I 604-I 5 APC ASSOCIATES, LLC, ET AL. ANSWEIT TO THIRD-PARTY Third-Party Def'endants. COMPLAINT OF PENNROSE, LLC lntroduction Third-Party Delendants John and Carol Radomski, Joseph Cavalieri, and Scott and Marie Kern in Answer 1o Delendant Intervenor/ Third-Party PlaintiffPennrose, LLC's Third-Pany Complaint state: L Denied. 2. Neither admitted nor denied. Third-Party Plaintiffis left to is proofs. The Parties 3. Neither admitted nor denied. Third-Party Plaintiffis lelt ro its prools. 4. Admitted. 5. Neither admittcd nor denied. Third-Party Plaintiff is left to its proofs. 6. Neither admitted nor denied. This allegation is not directed at Answcring Third-pany De[endants, 7. Neither admittcd nor denied. This allegation is not directed at Ansrvering Third-party Delendants. 1 BUR L 001147-18 05/30/2018 Pg 2 of 9 Trans ID: LCV20181038271 BUR-L-o01604-1 5 05t1412018 12:47:58 PM Pg2of I Trans lD: 1CV2018844344 8. Neither admitled nor dcnicd This allegation is not directcd at Answering Third-Party Defendants. 9- Neither admitted nor denicd This allegation is not dircctcd ut Answering Third-Party Defendants. l0.,qdmifted. II.Admitted. 12.Neither admined nor denied. This allegation is not directed at Answering Third-Party Defendants. t3. Neither admitted nor denied. This allegation is not directcd at Answering Third-Pany Def'endants. 14. Neither admitted nor denied. This allegation is not directed at Answering Third-Pony Def'endants. 15.Neither admitted nor denicd. This allegation is not directcd al Answering Third-Pany Def'endants. 16. Admitted. 17.Neither admitted nor denied. This allegation is not dirccted at Answcring'l hird-l'arty Defendants. lE. Neither admitted nor denied. This allegation is not directcd at Ansrvering Third-Party Defendants. 19. Neither admittcd nor denicd. This allegation is not directed at Answering Third-Pany Delendants. 20. Neither admitted nor denicd. This allegation is not directed at Anslcring Third-Party Delendants. 2I. Neither admitted nor dcnied. This allegation is not directed at Answering Third-Party Defendans. 22. Neither admitted nor denied. This allegation is not directcd at Answering Third-Party Defendants. 2 BUR L 001147-18 05/30/2018 Pg 3 of 9 Trans ID: LCV20181038271 BUR-L-001604-'1 5 05t1412018 12.47.58 PM Pg 3 of 8 Trans lD LCV2018844344 23. Neither admitted nor dcnicd. This allcgation is not directed at Answering Third-Parly Defendants. 24. Neither admittcd nor denied. This allegation is not directcd at Answcring Third-Party Del'endants. 25. Neither admitted nor denicd. This allcgation is not directed at Answering Third-Party De[endants. 26. Neithcr odmittcd nor denied. This allegution is not directcd at Answering Third-Parly Defcndants. 27. Neither adrnitted nor denicd. This allegation is not directcd at Answering Third-Party Delendants. 28. Neithcr admitted nor dcnicd. This allegution is not directed at Answcring Third-Party Dcfendants. 29, Neither admitted nor denicd. Tlris allcgation is not directed at Ansrvering Third-Party De[endants. 30. Neither admitted nor denied. This allcgation is not directed at Answering Third-Party Defendants, 3 I . Neither admitted nor denied. This allegation is not dirccted at Answering Third-Party Delendants. 32, Neither admittcd nor dcnied. This allegation is not directed at Answering Third-Party Defendants. 33. Neither admittcd nor dcnied. This allegation is not directed at Answering Third-Party De[endants. 34. Neither admitted nor dcnied. This allcgation is not directcdat Answering Third-Party Defendants. 35. Neithcr admitted nor dcnied. This allegation is not directcd at Ansrvering Third-Party Defendants- 36. Neithcr admitted nor dcnicd. This allegation is not directed at Ansrvering Third-Pan1 Delendants. 3 BUR L 001147-18 05/30/2018 Pg 4 of 9 Trans ID: LCV20181038271 BUR-L-001604-15 0511412018 12:47:58 PM Pg 4 of I Trans lD: 1CV2018844344 37. Ncither admitted nor denied. This allegation is not direcled at Ansrvering Third-Party Defendants. 38. Neither admitted nor dcnicd. This allegation is not directed at Answering Third-Pa(y Defendants. 39. Neither admitted nor dcnied. Tlris allegation is not directcd at Answering Third-Party Defendants. 40. Ncither admitted nor denied. This allegation is not directed at Ansrvering Third-Party Dclendants. 41. Neither adrnitted nor den ied. This allcgation is not dircclcd ut Answcring Third-Party Delendants. 42. Neither admitted nor denied. This allcgation is not directed at Answering Third-Party Delendants. 43. Neither admitted nor denied. This allegation is not dirccted at Answering Third-Party Delendants. 44. Ncither odmitted nor denied. This allegation is not direcled at Ansrvering Third-Parly Delendants. 45. Neither admitted nor denicd. Thisallegation is not directed at Answering Third-Pa(y Dclcndants. 46. Neither admitted nor dcnied. This allegation is not directed at Answering Third-Party Def'endants. Factual Background Historv of Prooertv and the Rcstrictive Covenant 47. Neither admitted nor dcnicd. Third-Party Plaintiffis left ro i{s proofs. 48. Ncither odmitted nor dcnied. Third-Party Plaintill'islell to its prool's. 49. Neither admitted nor denied. Third-Party Plaintifl'is lclt to its prool's. 50. Admitted that a Deed Restriction exiss providing lor minimum lol sizes of onc-hall' acre. Neither admittcd nor denied as to the remainder of the allegation. Third-party Plaintifl-islelt to its proofi. 4 BUR L 001147-18 05/30/2018 Pg 5 of 9 Trans ID: LCV20181038271 BUR-L-001604-15 0511412018 12:47.58 PM Pg5of I Trans lD: 1CV2018844344 51. Neither admitted nor denied. Third-Party Plaintillis leli to its proofs. 52. Admitted that thc Decd Restriction continues to run with the land. Ncither admitted nor denied as to thc rem{inder ofthe allegation. Third-Party Plaintiffis lefi to its prools. B. Pennrose's Intent to Develoo the Prooenv lbr Affordable Housinq 53. Neither odmitted nor dcnicd. lhird-Party PlaintitTis lelt to its proofs. 54. Neither admittcd nor denied. Third-Party I'laintill'is lell to its proofs. 55. Denied thrt the property is "ideally suited lbr the construcrion of multi-family affordable housing." Dcnied as to thc remainder ol'the allegation; the resl.rictive covenant does preclude the construction as proposed by Third-Party Plaintil'f. 56. Dcnicd. 57. Neither admitted nor denied. Third-Party Plaintifl'is left to its proofs. 58. Denied. 59. Admitted that thc Deed Restriction continues to run rvith the land. 60. Admitted that lhe Decd Restriction continues to run with the land. 6|. Denied. COUNT ONE (lnvalidation of Rcstrictive Covcnlnt - Mou nt Luurcl Doctrinc anrl Public Policy) 62. Third-Pany Delendants hcreby repcal and re-allcgc the rcsponses to the allegations set lorth above as if [ullyset lorth herein. 63. Neither admitted nordcnied. 1'hird-Pany PlaintifTis left to is proofs. 64. Admiued. 65. Denied. 66. Denied. 67. Dcnied. 5 BUR L 001147-18 05/30/2018 Pg 6 of 9 Trans ID: LCV20181038271 BUR-L-0o1604-15 0511412018 12:47:58 PM Pg 6 of8 Trans lD: 1CV2018844344 WHEREFORE, Third-Party Dcl'endants John and Curol Radomski, Joseplr Cavalieri. and Scott and Marie Kern demand judgment as lbllows: a. Upholding the Deed Restrictions and prcventing construction at thc density proposed by Third-Party Plaintill'; b. Dismissing Third-Parry Plaintlfl-s Complaint with Prejudicel and c. Such other reliefas the Court decmsjust and proper. COUNT TWO (Invalidation of Restrictive Coven:rnt - Common Law) 68. Third-Party Defendants hereby repeat and rc-allege the rcsponses to lhc allegations set forth abovc os if fully sct fbrrh herein. 69. Neither admitted nor denicd. Third-Party Plaintiff is is left to proofs. 70. Admitted. 7I. Neither admitted nor denied. Third-Pany Plaintiffis lelt to its proofs. 72. Denied. 73. Denied, 74. Denied. 75. Denicd. This allegation constitutcs lcgal argument and is not a lhctual allcgation. WHEREFORB, Third-Psrty Delendants John and Carol Radomski, Joseph Cavalieri. and Scott and Marie Kem demandjudgment as lollows: a. Upholding the Dccd Restrictions and preventing construction at the density proposcd by Third-Party Pluintifl; b. Dismissing Third-Party Plaintiffs Complaint rvith Prejudicc; and c. Such other reliel'as the Court deemsjust and propcr. 6 BUR L 001147-18 05/30/2018 Pg 7 of 9 Trans ID: LCV20181038271 BU R-L-001604- 15 0511412018 12:47:58 PM Pg 7 of 8 Trans lD: 1CV2018844344 COUNT THREB (lnvulidation of Rcstrictive Covcnant - lnvalid Ncighborhoorl Schemc) 76. Third-Party Dcl'endants hcreby repeat and re-allege the rcsponses to the allegations set lorth above as il l'ully sct forth herein. 77. Neither odmitted nordenied. Third-Party is left to its prools. Plaintil'f 78. Admiucd. 79. Denied. 80. Denied. WHEREFORE, Third-l'arty Del'cndants John and Carol Radorlski. Joseph Covalieri, and Scott and Marie Kern dcmand judgment as lbllows: a. Upholding thc Deed Restrictions and prcventing construction at the density proposed by Third-Party Plaintiff; b. Dismissing Third-Party Plaintifl'sComplaint with Prejudice; and c. Such other relielas the Court decmsjust and propcr. COUNT FOUR (Declsralory Judgmcnt) 8 l. Third-Party Defendants hereb)' repeat and rc-allegc tlrc rcsponses to the allegations set forth abovc as if l'ully set lonh herein. 82. Neither admitted nor denied. Third-Party Plaintiffis lelt to its proofs. 83. Admiued. 84. Neithcr admitted nor denied. Third-Party Plaintiffis lefi to its proofs. 85. Neither admitted nor denied. Third-Party Plaintilf is left to its proofs. WHEREFORE, Third-Party, Dcl'endants John and Carol Radomski, Joseph Cavalieri, and Scott and Marie Kern demand judgment as lollows: 7 BUR L 001147-18 05/30/2018 Pg 8 of 9 Trans ID: LCV20181038271 BUR-L-001604-15 0511412018 12.47.58 PM Pg 8 of8 Trans lD'. LCV2018844344 a. Upholding thc Deed Restrictions and prcventing construction at the density proposcd by Third-Party Plaintiff: b. Dismissing Third-Party Plaintifl-s Complaint with Pre.iudicc; and c, Such othcr rclicl'as the Court deemsjust and prop€r. AFFI RMATIVE DEFINSES First Affirmativc Dcfcnsc Third-Party Plaintifl'lails to state a claimup on which relief may bc granted. Sccond Aflirmativc Dcfcnse Third-Party Plaintill'sclaims are barrcd by public policy. Third Affirmative Defcnso Third-Party Plaintifls claims are barred b1'Estoppel Fourth Affirmatilc Dcfcnsc Third-Party Plaintifl'lacks standing to assert the claims herein. RAYMOND COLEMAN IIEINOLD. LLP Attorneys lbr Third-Party Delendants John and Carol Radomski, Joseph Cavalieri, and Scott and Marie Kern By: Douglas L. lleinold, Esquire Dated: May 14. 201 8 BUR L 001147-18 05/30/2018 Pg 9 of 9 Trans ID: LCV20181038271 BUR-L-001604-15 0511412018 12:48:00 PNI Pg 'l of 1 Trans lD: LCV2018844344 Civil Case lnformation Statement Case Details: BURLINGTON I Civil Part Docket# L-001604-15 Case Caption: IMO APPLICATION OF MOORESIO!(N Case Type:MI. LAUREL TO!\4!SHtP OF Documont Type: Answer Cass lnltiation Date: 07/08/2015 Jury Oemand: NONE Attorney Name: DOUGLAS LYNN HEINOLD Hurricane Sandy related? NO Farm Namo: RAYIMOND COLEMAN HEINOLD LLP ls thls a pror6sslonal malpractico case? NO Address: 325 NEW ALBANY ROAD Rslated casos pendlng: No I4OORESTOWN NJ 08057 y€, lf list dockst numbg.s: Phone: Do you anticipate adding any pa.ties (aJising out of samo Name o, Party: DEFENDANT : CAVALIERI, JOSEPH transacllon or occurrence)? NO Name ot Oofendant's Primary lnsu,anceCompany (if known): None THE INFORMATION PROVIDED ON THIS FORNI CANNOT BE INTRODUCED INTO EVIDENCE CASE CTIARACIERISTICS FOR MEDIATION FOR PURPOSES OF OETERi,IINING lF CASE lS APPROPRIaTE Do parties have a current, past, or recurrent relationship? NO lf yes,isthat 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 characteristicsthat may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO lf yes, please identify the requested accommodation: Will an interpreter be needed? NO lf yes, for whatlanguage: that confidential personal identifiers have been I certify redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with R{r/e 1:38-7(b) 05t14/2018 /S/ DOUGLAS LYNN HEINOLD Dated Signed