JOHN L. PRITCHARD, ESQ.
2000 Morris Avenue
Union, New Jersey 07083
(908) 964-7500
Attorney for Vernon Gregory, Plaintiff
SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION, GENERAL EQUITY PART
UNION COUNTY
CIVIL ACTION
Docket No.: UNN-C-101-04
VERNON GREGORY, Plaintiff,
v.
FRANKLIN L. PRATHER, SR., et al., Defendants
ORDER TO SHOW CAUSE AND
FOR SERVICE BY PUBLICATION
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THIS MATTER BEING the subject of a hearing on March 3, 2005, which was heard in the presence of John L. Pritchard, Esq. (counsel for the Plaintiff) and Franklin Prather, Sr. (a Defendant Pro Se); and the Court having read the Fourth Amended Complaint submitted by the Plaintiff; and for good cause shown;
IT IS on this 8th day of April, 2005, ORDERED as follows:
1. Each of the persons on the attached Fourth Service List, and any other person claiming an interest in the premises described below, SHALL EACH SHOW CAUSE before Thomas N. Lyons, P.J.Ch., on Friday, May 13, 2005, at 1:30 p.m., at the Union County Courthouse, Elizabeth, New Jersey, 2 Broad Street, Elizabeth, New Jersey, why the Court should not enter an Order:
A. Declaring that the one-half interest of Carrie Bessie Hayes in the premises commonly known as 166 Augustine Place, Vauxhall, New Jersey (hereafter the "Premises") passed by her will in equal shares to those of her nine children named in her will as tenants in common, and not as joint tenants with right of survivorship.
B. Declaring that the one-half interest in the Premises which Carrie White and Lewis DeWitt White conveyed by deed dated April 21, 1973, to nine children of Carrie Bessie Hayes passed to the recipients as equal tenants in common, and not as joint tenants with right of survivorship.
C. Declaring that a certain agreement dated November 24, 1973, and signed by Carrie F. White and Lewis DeWitt White, which is described in the Fourth Amended Complaint, caused any ownership interest otherwise held by Carrie F. White and Lewis DeWitt White in the Premises to pass upon the deaths of both of them to the other eight children of Carrie Bessie Hayes mentioned in the deed dated April 21, 1973, as equal tenants in common, and not as joint tenants with right of survivorship, and that by such agreement, no interest in the Premises passed into the estates of Carrie F. White or Lewis DeWitt White or to their executors or administrators.
D. Declaring that the deed dated December 13, 1990, signed by Bessie Ophelia Prather and Harold Hayes, which purported to create a joint tenancy with right of survivorship in the two of them with respect to the Premises, caused any ownership interest in the Premises which would otherwise have passed into the Estate of Harold Hayes upon his death, to instead pass to Bessie Ophelia Prather by way of her surviving Harold Hayes.
E. Requiring a sale of the Premises by a Court-appointed partition commissioner, and granting such partition commissioner the power to inspect the Premises, have the Premises appraised, retain a real estate broker, and grant title to the Premises by way of sale, all to be paid from the net sales proceeds.
F. Declaring that the net proceeds from the sale of the Premises shall be distributed by the partition commissioner to the executors or administrators of the estates those among the nine children of Carrie Bessie Hayes which have a right to such proceeds in accordance with any Order of the Court, and not directly to any beneficiaries of any such estates.
G. Granting such other and further relief sought by the Plaintiff in the Fourth Amended Complaint.
2. The Fourth Amended Complaint shall be forthwith accepted for filing by the Clerk of the Chancery Division, General Equity Part.
3. Service of the Fourth Amended Complaint (with attachments) and this Order, along with the Plaintiff's brief shall be made as follows:
A. The Plaintiff shall cause to be published in the Star Ledger an advertisement in the form attached hereto, no later than April 22, 2005.
B. The Plaintiff shall serve: (a) a copy of the Fourth Amended Verified Complaint, (b) a copy of the text of the above advertisement, (c) a copy of this Order and (d) the Plaintiff's brief, upon each of the persons presently known by the Plaintiff or his counsel by name and current address who has an interest or potential interest in the said premises, including but not limited to those persons whose names and addresses have been provided to the Plaintiff or his counsel. Service shall be made by both certified mail and regular mail no later than April 22, 2005. [lines deleted from form of order].
C. Plaintiff's counsel shall post a copy of the Fourth Amended Complaint and this Order on the Internet and reference this posting in the above newspaper advertisement.
4. Any party who wishes to oppose the Plaintiff's motion for the sale of the house shall file an Answer or other responsive pleading with the Clerk of the Superior Court, Chancery Division, General Equity Part, Union County Courthouse, Elizabeth, New Jersey, with a filing fee of $110.00 payable to "The Clerk of the Superior Court", and serve a copy thereof upon counsel for the Plaintiff (whose name and address appears at the top of this Order), all no later than May 6, 2005. No opposition shall be considered at the hearing on May 13, 2005 unless such papers have been timely filed with the Court and served upon Plaintiff's counsel.
5. Any defendant who has previously filed an Answer in this matter and paid the appropriate filing fee shall not be required to pay a filing fee for filing an Answer to the Fourth Amended Complaint.
6. Those persons with an interest or potential interest in the Premises are hereby notified that a telephone call will not preserve their rights, but that they must file an Answer or other pleading with the Court (with the appropriate fee), if they wish to oppose the relief sought by the Plaintiff.
7. Those persons with an interest or potential interest in the Premises are notified that if they do not file and serve opposing papers as described above, the relief sought may be granted without further proceedings.
8. Those persons with an interest or potential interest in the Premises are hereby notified that they have a right to consult with an attorney, and that if they can not afford an attorney they may call the Legal Services office in the county in which they reside. If such persons do not have an attorney and are not eligible for free legal assistance, they may obtain a referral to an attorney by calling one of the lawyer referral services. A list of the Legal Services offices and attorney referral services shall be attached to this Order when served.
9. A copy of this Order shall be served by Plaintiff's counsel upon all parties appearing in this action within seven (7) days hereof.
Thomas N. Lyons, P.J.Ch.
(signed)
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4929-or7