Fill and Sign the Appellate Division First Department October 3 Lawcom Form

JOHN LAWYER, ESQ. 12 MAIN STREET ANYWHERE, USA Attorneys for Plaintiff_____________________________ ABC ASSOCIATION, L.P.,Plaintiffs, v. JANE DOE, Defendant. ____________________________ SUPERIOR COURT OF NEW JERSEY LAW DIVISION: [INSERT] COUNTY Docket Number: COMPLAINT FOR FORECLOSURE Plaintiff, ABC ASSOCIATION, L.P., an entity organized and existing pursuant to N.J.S.A. 46:8B-21, whose address is [insert address], complaining of the defendant herein alleges as follows: 1. Plaintiff, at all times relevant times, has operated and maintained a condominium development located in [insert] County, State of [insert]. 2. Defendant, Jane Doe is the owner of [insert address]. 3. On or about [insert date] there was recorded in the office of the Clerk of [insert] County, [insert state] in Deed Book [insert] of Deeds at Page [insert] and as amended, a Master Deed applicable to the development. Thereafter, on or about [insert date], the unit identified as [insert address] was conveyed to the defendant by deed, which deed was recorded in [insert] County Clerk ฀s Office on [insert date] in Deed Book [insert] at page [insert] and made expressly subject to the provisions of the Master Deed contained therein and any subsequent amendments thereunder. 4. Administrative collection procedures duly adopted by plaintiff pursuant to the Master Deed and corresponding By-Laws essentially provide the following.5. Each unit owner, by acceptance of a Deed thereof, whether or not it shall be so expressed in any such Deed, shall be deemed to covenant and agree to pay the Association: 1) general assessments or charges, and 2) special assessments. The general and special assessment, together with interest, costs and reasonable counsel fees incurred in connection with collection thereof, shall be a continuing lien upon the unit. Each such assessment together with interest, costs and reasonable counsel fees, shall also be the personal obligation of the Owner of the property at the time the assessment was incurred. The annual Common Expense assessments shall be due and payable quarterly. In the event one or more installment payments of the general or special assessments are not paid when due then the entire delinquent assessment(s), together with interest thereon at the maximum legal rate and cost of collection including a reasonable counsel fee, thereupon shall become a continuing lien on the property and the Association may bring action at law against the owner to recover the same, or to foreclose the lien against the unit. 6. Pursuant to the provisions of the applicable Master Deed and By-Laws, plaintiff duly levied assessment against the unit identified as [insert address], by defendant, in the total sum of $[insert], representing defendant ฀s proportionate share of unpaid common expenses through [insert]. Said assessment was assessed as a lien and recorded in the [insert] County Clerk ฀s Office at Deed Book ฀OR-[insert] ฀ at page [insert]. 7. Subsequently, a judgment was entered against the defendant if the amount of $[insert] in an action commenced in the Superior Court of New Jersey, Small Claims Division, [insert] County, bearing Docket Number [insert]. That matter was then reduced to judgment bearing Judgment Number [insert]. 8. Neither the sums due nor any part of them then paid or have since been paid. WHEREFORE, plaintiff requests a judgment against defendants that: (a) Plaintiff be awarded the amount of $[insert] representing the unpaid assessments plus penalties and assessments accelerated pursuant to the Master Deed and By-Laws referenced above; (b) Defendant be barred and foreclosed from all equity of redemption in and to aforesaid lands; (c) Plaintiff be awarded reasonable attorney฀s fees incurred by plaintiff in prosecuting this action pursuant to the Master Deed and By-Laws; (d) All such sums be declared a lien on the subject premises and prior to the lien or liens or claim or claims brought by any other person to be noticed herein; (e) A decree be made for the sale of the subject premises by the Sheriff of Monmouth County pursuant to N.J.S.A. 46:8B-22(a), the proceeds of the sale to be applied in payment of the amount due plaintiff; (f) Plaintiff have judgment and execution against defendant for any deficiency which may remain after applying all proceeds of the sale of the subject premises properly applicable to the satisfaction of judgment; (g) The Sheriff execute a deed to the purchaser or purchasers according to law and that the purchaser be given possession of the subject premises on production of the Sheriff ฀s Deed therefore; and (h) Plaintiff be awarded costs of suit together with such other and further relief as the Court may deem proper _______________________________ JOHN LAWYER DATED: CERTIFICATION Pursuant to Rule 4:5-1, it is hereby stated that the matter in controversy is not the subject of any other action pending in any other Court or of a pending arbitration proceeding to the best of our knowledge and belief. Also to the best of our knowledge and belief, no other action or arbitration proceeding is contemplated. Further, other than the parties set forth in this pleading and the previous pleadings, at the present time, we know of no other parties that should be joined in the within action. DATED: ______________________________ JOHN LAWYER