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ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 1 of 2 Trans ID: LCV20192296819
Christian Del Toro, Esq.# 210132016 3134.0001
FRANKJ. MARTONE, P.C.
Attomeys for Plaintiff
1455 Broad Street
Bloomfield, NJ 07003
1-973-473-3000
Underhill Associates LLC SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, ESSEX COUNTY
VS. SPECIAL CIVIL PART
DOCKET NO. ESX-L-000337-18
Mario Elizondo, , et al.
Defendant(s) Civil Action
NOTICE OF MOTION TO ENFORCE LITIGANT’ S RIGHTS AND TO SANCTIONS FOR
FAILURE TO COMPLY WITH DISCOVERY OBLIGATIONS
PLEASE TAKE NOTICE that the undersigned
attomey will apply to the above named court
at Superior Court of New Jersey, Law Division, Essex County, 50 W. Market Street, Newark, NJ
07102 on January 10, 2020 at 10:00 am
or as soon thereafteras counsel may be heard, by wayof
Motion for sanctions for failure to comply with discovery obligations pursuant to NJ. Ct. R. 4:23-
2.
PLEASE TAKE FURTHER NOTICE that the Plaintiff will rely upon counsels Certification
attached hereto in support of this Motion.
PLEASE TAKE FURTHER NOTICE that this Motion is submitted pursuant to NJ. Ct. R. 1:6-2,
with a request for oral argument only if opposition to the Motion is filed with the court.
PLEASE TAKE FURTHER NOTICE that in support of this Motion, Plaintiff shall rely upon the
following documents submitted herewith:
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(a)Certification of Counsel and Exhibits;
(b)Certification of Service; and
(c)Proposed Form of Order
WITNESS, the Honorable Paul Innes, PJ. Ch., Judge of the Superior Court, at Trenton, aforesaid,
this dayof , 20 :
FRANKJ. MARTONE, P.C.
Attorneys for the Underhill Associates
LLC
FRANKJ. MARTONE, P.C.
Attomeys for Plaintiff
BY: (A A
Dated: December 12, 2019 Cimistian Del Toro, Esq.
ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 1 of 1 Trans ID: LCV20192296819
Christian Del Toro, Esq.# 210132016 3134.0001
FRANK J. MARTONE, P.C.
Attorneys for Plaintiff
1455 Broad Street
Bloomfield, NJ 07003
1-973-473-3000
Underhill Associates LLC SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, ESSEX COUNTY
vs. SPECIAL CIVIL PART
DOCKET NO. ESX-L-000337-18
Mario Elizondo, , et al.
Defendant(s) Civil Action
Order Imposing Sanctions for Failure to
Comply with the Information Subpoena
THIS MATTER being opened to the Court by Frank J. Martone, P.C., attorneys for Plaintiff,
appearing and seeking an order imposing sanctions against Defendants
pursuant to N.J. Ct. R. 4:23-2, and the Court having read all the papers submitted, and having
heard the argument of counsel at Superior Court of New Jersey, Law Division, Essex County, 50
W. Market Street, Newark, NJ 07102, and the Court having made [written/oral] findings of fact
and conclusions of law which were made a part of the record on , and for good cause
shown,
IT IS on this day of January ,2020,
ORDERED that the Defendants are sanctioned in the amount of reasonable expenses incurred in
obtaining this order, including attorney’s fees in the amount of $ for the
Motion for Sanctions and all pleadings filed connected to the Information Subpoena; and it is
FURTHER ORDERED, that a copy of this Order shall be served on counsel for all parties within
seven (7) days.
JS.C.
Opposed
Unopposed
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ChristianDel Toro, Esq.# 210132016 3134.0001
FRANKJ. MARTONE, P.C.
Attomeys for Plaintiff
1455 Broad Street
Bloomfidd, NJ 07003
1-973-473-3000
Underhill Associates LLC SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, ESSEX COUNTY
vs. SPECIAL CIVIL PART
DOCKET NO. ESX-L-000337-18
Manio Elizondo, , et al.
Defendant(s) Civil Action
Certification in Support of Motion To
Enforce Litigant’s Rights and to Sanctions
for Failure to Comply with Discovery
Obligations
I, Christian Del Toro, of full age, hereby certifies as follows::
1. lamanAttomey at Lawin the State of New Jersey and an Associate of the firm of Frank
J. Martone, P.C., attomeys for Underhill Associates LLC in the above titled action. In this capacity,
T have full knowledge of the facts set forth herein.
2. I make this Certification to support the issuance of monetary sanctions against the
Defendant pursuant to the Order issued by the Court on July 19, 2019 for Defendant’s failure to
comply with the Information Subpoena pursuant to the Orderto Enforce Litigant’s Rights.
3. OnJune 8, 2018, by a certain Final Judgmentby Default (Annexed hereto as ExhibitA)
entered in the above matter, this Court ordered that the Plaintiff, its successors and/or assigns shall
recover the sum
in the amount of $133,972.47 with interest from April 13, 2018 to the date of final
judgment more particularly set forth in its Complaint on Note (and Amendment, if any) from the
following defendant:
MARIO ELIZONDO, Individually and as Guarantor and 70 2nd STREET LLC.
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4. The Plaintiff docketed the same Final Judgment dated June 8, 2018 with the Law division
onJune 19, 2018 under docket number ESX-L-000337-18.
5. On January 9, 2019, I served an Information Subpoena and attached questions as
pemmitted by Court Rules on the Defendants, MARIO ELIZONDO, Individually and as Guarantor
and 70 2nd STREET LLC by sending it simultaneously by regular and certified mail, retum receipt
requested
to the Defendants’ last known address. Annexed
hereto as Exhibit B.
6. The Defendants Mario Elizondo and 70 2nd Street LLC failed to comply with the
Information subpoena as no response was received from the Defendants.
7. On May 8, 2019, I served a true copy of my Notice of Motion for an Orderto Enforce
Litigant’s Rights on the Defendants
by sending it simultaneously
by regular and certified mail,
retum receipt requested, at the address shown on the Proof of Service at the conclusion
of the Order
to Enforce Litigant’s Rights. Annexed
hereto as Exhibit C.
8. Neither the regular mail nor the certified mail containing the Notice of Motion has been
retumed
by the U.S. Postal Service in a manner that would indicate that the defendant’ s address is
not valid. Neither the regular nor certified mail was retumed marked “Moved, unable
to forward,”
“Addressee not known,” “No such number/street,” “Insufficient address,” “Forwarding time
expired,” or in any other manner that would indicate that service was not effected upon the
Defendant.
9. On June 7, 2019, the Court entered an Order to Enforce Litigant’s Rights when
Defendants failed to appearon the retum day of my motion foran order enforcing litigant’s rights.
Amnexed hereto as Exhibit D.
10. On June 11, 2019, I served a true copy of the Orderto Enforce Litigant’s Rights on
Defendants
by sending it simultaneously
by regular and certified mail, retum receipt requested, at
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the address shown on the Proof of Service at the conclusion of the Order to Enforce Litigant’s
Rights.
11. Neither the regular mail nor the certified mail has been retumed by the U.S. Postal
Service in a manner that would indicate that service was not effected.
12. OnJuly 15, 2019, a request
for Warrant of Arrest was filed with the Special Civil Part.
Annexed hereto as Exhibit E.
13. OnJuly 19, 2019, the Court entered an order compelling a response to the Information
Subpoena within 20 days or face monetary sanctions imposed by the Court and the same was served
on the Defendants by sending it simultaneously by regular and certified mail, retum receipt
requested, at the address the address shown on the Proof of Service at the conclusion of the Order
to Enforce Litigant’s Rights. Neither the regular nor certified mail was retumed marked “Moved,
unable to forward,” “Addressee not known,” “No such numbenr/street,” “Insufficient address,”
“Forwarding
time expired,” orinany othermanner
that would indicate that service was not effected.
Annexed hereto as Exhibit F.
14. Plaintiff is unable to enforce their collection action against the personal property of the
Defendants due to the defendants’ continuing non-compliance with the Court.
15. As of December 12, 2019, the Defendantis still non-compliant
with the Order to Enforce
Litigants Rights and the Information Subpoena.
16. As aresult of the lack of cooperation by the Plaintiff we request at that the Court impose
sanctions on the Defendants.
Dated: December 12, 2019 BY: (A Z
Chistian Del Toro, Esq.
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Christian Del Toro, Esq.#210132016 3134.0001
FRANKJ. MARTONE, P.C.
Attomeys for Plaintiff
1455 Broad Street
Bloomfield, NJ 07003
1-973-473-3000
Underhill Associates LLC SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, ESSEX COUNTY
VS. SPECIAL CIVIL PART
DOCKET NO. ESX-L-000337-18
Mario Elizondo, , et al.
Defendant(s) Civil Action
CERTIFICATION OF SERVICE
Christian
Del Toro Esq, does hereby certify
1 I am an attomey at law in the State of New Jersey and with the law firm of FRANK J.
MARTONE, P.C., attomeys for Plaintiff in the above-captioned matter.
2. On December 12, 2019, our office also causedto be mailed
a copy the Motion, Exhibits, and
Certification of Service to the following person(s) by simultaneously mailingit by certified mail and regular
mail:
Mario Elizondo
44 Lawrence Avenue
West Orange, NJ 07052
70 2" Street LLC
44 Lawrence Avenue
West Orange, NJ 07052
I hereby certify that the foregoing statements made by me are willfully true; I am aware that if any
of the foregoing statements made by me are willfully false, I am subjectto punishment.
_
Chistian Del Toro, Esq.
Dated: December
12, 2019
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EXHIBIT A
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ESX L 000337-18 06/08/2018 Pg 1 of 1 Trans ID: LCV20181019545
FrankJ. Martone, Esq. - #005841977 3134.0001
FRANK J. MARTONE, P.C.
1455 BROAD STREET
BLOOMFIELD, NJ 07003
973-473-3000
ATTORNEY FOR PLAINTIFF
UNDERHILL ASSOCIATES LLC SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff ESSEX COUNTY
VS. Docket No.: ESX-L-000337-18
MARIO ELIZONDO, Individually and as Civil Action
Guarantor and 70 2™ STREET LLC
FINAL| JUDGMENT BY DEFAULT
Defendant(s)
The Summons and Complaint in the above entitled action having been duly served on
the Defendant, and the Defendant having been defaulted for failure to appear in the action and
the Plaintiff having tiled a Certification of Proof of Amount Due; and for good cause shown,
IT IS on this oh say of Towa. 2018,
ORDERED, that Judgment be entered in favor of the Plaintiff, Underhill Associates LLC.
against the Defendant, Mario Elizondo, Individually and as/Guarantor and 70 2nd Street LLG, in
t
the sum of $133,972.47 with interest from April 13, 2018 to|the date of the Final Judgrnent at the
contract rate of 20% percent ai ro fos ofS L and wit of
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Cterk-Superiey
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EXHIBIT B
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Information Subpoena and Written Questions
IMPORTANT NOTICE - Please Read Carefully
Failure to Comply with this Information Subpoena May
Result in Your Arrest and Incarceration
Name: Christian Del Toro, Esq. Atty. ID. 210132016
Address: 1455 Broad Street
Bloomfield, NJ 07003
Telephone Number: (973) 473-3000
Attorney(s) for: Superior Court of New Jersey
Underhill Associates LLC Law Division, Special Civil Part
Plaintiff Essex County
-vs- Docket Number: 000337-18
Mario Elizondo, et al
Civil Action
Defendant
Information Subpoena
THE STATE OF NEW JERSEY, to: Mario Elizondo, Individually and as Guarantor and 70 2nd Street LLC
Judgment has been entered against you in the Superior Court of New Jersey, Law Division.
Special Civil Part, Essex County, on June 8 2018_, in the amount of
$_133.972.47 plus costs, of which $_133,972.47 together with interest from
April 13 2018 , remains due and unpaid.
Attached to this Information Subpoena is a list of questions that court rules require you to answer
within 14 days from the date you receive this subpoena. If you do not answer the attached
questions within the time required, the opposing party may ask the court to conduct a hearing in
order to determine if you should be held in contempt. You will be compelled to appear at the
hearing and explain your reasons for your failure to answer.
If this judgment has resulted from a default, you may have the right to have this default judgment
vacated by making an appropriate motion to the court. Contact an attorney or the clerk of the
court for information on making such a motion. Even if you dispute the judgment you must
answer all of the attached questions.
‘You must answer each question giving complete answers, attaching additional pages if
necessary. False or misleading answers may subject you to punishment by the court. However,
you need not provide information concerning the income and assets of others living in your
household unless you have a financial interest in the assets or income. Be sure to sign and date
your answers and return them to the address in the upper left hand corner within 14 days.
Dated: January 9 20419
/s/Patrick J. Bartels, J.S.C
Attorney for Clerk
Underhill Associates LLC
Revised 09/01/2014, CN 11840 page
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Information Subpoena and Written Questions
Questions for Individuals
1, Full Name
2. Address
3. Birth Date 4, Social Security Number | 5. Driver’s License Number Exp. Date 6. Telephone Number
7. Full name and address of your employer
(a) Your weekly salary Gross $. Net $
(b) If not presently employed, name and address of last employer
8. Is there currently a wage execution on your salary? CO yes C1No
9. List the names, addresses and account numbers of all bank accounts on which your name appears.
Bank Name Address Account Number(s)
|
| | i
10. If you receive money from any of the following sources, list the amount, how often, and the name and address of
the source. (check all that apply)
o Alimony
Amount & Frequency Name of Source Address
$
Oo Loan Payments
Amount & Frequency Name of Source Address
$
Rental Income
Amount & Frequency Name of Source Address
$
Pensions
Amount & Frequency ‘Name of Source Address
$
Bank Interest
Amount & Frequency ‘Name of Source Address
$
Stock Dividends
Amount & Frequency ‘Name of Source Address
$
Revised 09/01/2014, CN 11840 page
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Information Subpoena and Written Questions - Questions for Individuals
(1 Other
Amount & Frequency Name of Source Address
$
11. Do you receive any of the following, which are exempt from levy? Any levy on disclosed exempt funds may result
in monetary penalties including reimbursement of the debtor’s out-of-pocket expenses.
Social Security benefits Yes CINe Amount per month $.
S.S.I. benefits CI Yes (No Amount per month §.
Welfare benefits FI Yes [LNo Amount per month $
V.A., benefits 0 Yes [No Amount per month $
Unemployment benefits (I Yes LNo Amount per month $.
Workers’ Compensation benefits Dyes [No Amount per month $.
Child support payments Dyes [No Amount per month §.
Attach copies of the three most recent bank statements for each account listed in Question 9 that contains funds from
these sources.
12. Do you own the property where you reside? If yes, state the following: (1 Yes CINo
(a) Name of the owner or owners (b) Date property was purchased (c) Purchase price
(d) Name and address of mortgage holder (e) Balance due on mortgage
13. Do you own any other real estate? If yes, state the following: 1 Yes [No
(a) Address of property (b) Date property was purchased _(c) Purchase price
(d) Name and address of all owners
(e) Name and address of mortgage holder (f) Balance due on mortgage
$
(g) Names and address of all tenants, and monthly rental paid by each tenant
Name Address Monthly Rent
$
| [8
| |s
14. Does the present value of your personal property, which includes automobiles, furniture, C1 Yes CI No
appliances, stocks, bonds, and cash on hand, exceed $1,000?
If the answer is “yes,” you must itemize all personal property owned by you.
Cash on Hand: $.
Other personal property: If financed, give name and address of party to whom payments are made.
If Financed,
Item (inclade make, model, serial number) Date Purchased Purchase Price
Balance Still Due
Present Value
| |$ $
| [s |s |s
| \s |s {s
|s |s |s
|$ |$ |s
Revised 09/01/2014, CN 11840 page 3 of 11
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Information Subpoena and Written Questions - Questions for Individuals
15. Do you own a motor vehicle? If yes, state the following for each vehicle owned: oO Yes [No
(a) Make, model and year of motor vehicle
(b) If there is a lien on the vehicle, state the name and address of the lienholder Amount due on lien
$
(c) License plate Number (d) Vehicle Identification Number
16. Do you have an ownership interest in a business? If yes, state the following with respect to C1 Yes [CINo
each business:
(a) Name and address of the business
(b) Is the business a (select one)
oO corporation C1 sole proprietorship (1 partnership C1 limited liability company
(c) Name and address of all stockholders, officers, partners or members
Name Address
|
|
|
|
(d) The amount of income received by you from the business during the last twelve months $
17.Set forth all other judgments that you are aware of that have been entered against you and include:
Creditor’s Name Creditor’s Attorney Amount Due
$
Name of Court Docket Number
122) creditor's Name Creditor’s Attorney Amount Due
$
‘Name of Court Docket Number
FET creditor's Name Creditor’s Attorney Amount Due
$
Name of Court Docket Number
Creditor’s Name Creditors Attorney Amount Due
$
Name of Court Docket Number
Creditor’s Name Creditor's Attiomey Amount Due
$
Name of Court Docket Number
Revised 09/01/2014, CN 11840 page 4 of Li
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Information Subpoena and Written Questions - Questions for Individuals
[2 creditors Name Creditor’s Attorney Amount Due
$
Name of Court Docket #
Thereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements
made by me are willfully false, 1 am subject to punishment.
Date Signature
Revised 09/01/2014, CN E1840 page Sof1}
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Information Subpoena and Written Questions
Questions for Business Entity
1. Name of business including all trade names.
2. Address of all business locations.
3. If the judgment-debtor is a corporation, the names and addresses of all stockholders, officers and directors.
Name Address
|
|
4. If a partnership, list the names and addresses of all partners.
Name Address
|
|
5. Ifa limited partnership, list the names and addresses of all general partners.
Nanie Address
|
|
6. If the judgment-debtor is a limited liability company, the names and addresses of all members.
Name Address
|
|
|
7. Set forth in detail the name, address and telephone number of all businesses in which the principals of the judgment-
debtor now have an interest and set forth the nature of the interest.
Name Address Phone Number
Nature of Interest
(22) Name Address Phone Number
Nature of Interest
Revised 09/01/2014, CN 11840 age
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Information Subpoena and Written Questions - Questions for Business Entity
8. For all bank accounts of the judgment-debtor business entity, list the name of the bank, the bank’s address, the
account number and the name in which the account is held.
Bank Name Address
Account Number Account Name
[22 Bank Name Address
Account Number Account Name
Bank Name Address
Account Number Account Name
9, Specifically state the present location of all books and records of the business, including checkbooks.
10. State the name and address of the person, persons, or entities who prepare, maintain and/or control the business
records and checkbooks.
Name Address
|
|
11. List all physical assets of the business and their location. If any asset is subject to a lien, state the name and address
of the lienholder and the amount due on the lien.
Asset Location
Lien Lien holder name/address. Amount Due
Elves [No
[228 Asset Location
Lien Lien holder name/address Amount Due
Clyes CINo
Asset Location
Lien Lien holder name/address Amount Due
Clyes [J No $
12. Does the business own any other real estate? If yes, state the following for each property: [_] Yes LI No
(a) Name(s) in which property is owned
(b) Address of property (c) Date property was purchased @ Purchase price
(e) Name and address of mortgage holder (§ Balance due on mortgage
$
Revised 09/01/2014, CN 11840 page
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Information Subpoena and Written Questions - Questions for Business Entity
12. (g) The names and addresses of all tenants and monthly rentals paid by each tenant.
Name Address Monthfy Rent
$
[s
|s
[8
[s
| {s
13. List all motor vehicles owned by the business, stating the following for each vehicle:
(a) Make, model and year (b) License plate number (c) Vehicle identification number
(4) If there is a lien on the vehicle, state the name and address of the lienholder Amount due on fien
$
14. List all accounts receivable due to the business, stating the name, addvess and amount due on each receivable.
Name Address Amount Due.
$
|$
[$
[s
[s
[$
| [s
15. For any transfer of business assets that has occurred within six months from the date of this subpoena, specifically
identify:
(a) The nature of the asset
(b) The date of transfer
(c) Name and address of the person to whom the asset was transferred
(d) The consideration paid for the asset and the form in which it was paid (check, cash, etc.)
(e) Explain in detail what happened to the consideration paid for the asset
Revised 09/01/2014, CN 11840 page
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Information Subpoena and Written Questions - Questions for Business Entity
16. If the business is alleged to be no longer active, set forth:
(a) The date of cessation
(b) All assets as of the date of cessation
({c) The present location of those assets
(d) If the assets were sold or transferred, set forth:
1 The nature of the assets
Date of transfer
Name and address of the person to whom the assets were transferred
The consideration paid for the assets and the form in which it was paid.
Explain in detail what happened to the consideration paid for the assets:
17. Set forth all other judgments that you are aware of that have been entered against you and include:
Creditor’s Name Creditor’s Attorney Amount Due
$
Name of Court Docket Number
Creditor’s Name Cteditor’s Attorney Amount Due
$
‘Name of Court Docket Number
Revised 09/01/2014, CN 11840 page
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Information Subpoena and Written Questions - Questions for Business Entity
Creditor’s Name Creditor’s Attorney Amount Due.
$
Name of Court Docket Number
Creditor’s Name Creditor’s Attomey Amount Due
$
‘Name of Court Docket Number
[2S creditor's Name Creditor’s Attorney Amount Due
$
Name of Court Docket Number
18. For alf litigation in which the business is presently involved, state:
(a) Date litigation commenced
(b) Name of party who started the litigation
(c) Nature of the action
(d) Names of all parties and the names, addresses and telephone numbers of their attorneys
Party Name
Attorney Name Attorney Address Telephone Number
Party Name
‘Attorney Name Attorney Address Telephone Number
|
Party Name
Attorney Name Attomey Address Telephone Number
4
(e) Trial date (f) Status of case
(g) Name of the court and docket number
Revised 09/01/2014, CN £1840 page
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Tnformation Subpoena and Written Questions - Questions for Business Entity
19, State the name, address and position of the person answering these questions:
(a) Name
(b) Address
(c) Position
Thereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements
made by me are willfully false, I am subject to punishment.
Date Signature
(Note: Former Appendix XI-K adopted June 29, 1999, effective September 4, 1990; amended July 14, 1992, effective September 1, 1992;
redesignated as Appendix XI-L and amended July 13, 1994, effective September 1, 1994; amended July 28, 2004 to be effective September 1, 2004:
amended July 22, 2014 to be eflective September 1, 2014.]
Revised 09/01/2014, CN 11840. page
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ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 1 of 2 Trans ID: LCV20192296819 Christian Del Toro, Esq.# 210132016 3134.0001 FRANKJ. MARTONE, P.C. Attomeys for Plaintiff 1455 Broad Street Bloomfield, NJ 07003 1-973-473-3000 Underhill Associates LLC SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, ESSEX COUNTY VS. SPECIAL CIVIL PART DOCKET NO. ESX-L-000337-18 Mario Elizondo, , et al. Defendant(s) Civil Action NOTICE OF MOTION TO ENFORCE LITIGANT’ S RIGHTS AND TO SANCTIONS FOR FAILURE TO COMPLY WITH DISCOVERY OBLIGATIONS PLEASE TAKE NOTICE that the undersigned attomey will apply to the above named court at Superior Court of New Jersey, Law Division, Essex County, 50 W. Market Street, Newark, NJ 07102 on January 10, 2020 at 10:00 am or as soon thereafteras counsel may be heard, by wayof Motion for sanctions for failure to comply with discovery obligations pursuant to NJ. Ct. R. 4:23- 2. PLEASE TAKE FURTHER NOTICE that the Plaintiff will rely upon counsels Certification attached hereto in support of this Motion. PLEASE TAKE FURTHER NOTICE that this Motion is submitted pursuant to NJ. Ct. R. 1:6-2, with a request for oral argument only if opposition to the Motion is filed with the court. PLEASE TAKE FURTHER NOTICE that in support of this Motion, Plaintiff shall rely upon the following documents submitted herewith: ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 2 of 2 Trans ID: LCV20192296819 (a)Certification of Counsel and Exhibits; (b)Certification of Service; and (c)Proposed Form of Order WITNESS, the Honorable Paul Innes, PJ. Ch., Judge of the Superior Court, at Trenton, aforesaid, this dayof , 20 : FRANKJ. MARTONE, P.C. Attorneys for the Underhill Associates LLC FRANKJ. MARTONE, P.C. Attomeys for Plaintiff BY: (A A Dated: December 12, 2019 Cimistian Del Toro, Esq. ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 1 of 1 Trans ID: LCV20192296819 Christian Del Toro, Esq.# 210132016 3134.0001 FRANK J. MARTONE, P.C. Attorneys for Plaintiff 1455 Broad Street Bloomfield, NJ 07003 1-973-473-3000 Underhill Associates LLC SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, ESSEX COUNTY vs. SPECIAL CIVIL PART DOCKET NO. ESX-L-000337-18 Mario Elizondo, , et al. Defendant(s) Civil Action Order Imposing Sanctions for Failure to Comply with the Information Subpoena THIS MATTER being opened to the Court by Frank J. Martone, P.C., attorneys for Plaintiff, appearing and seeking an order imposing sanctions against Defendants pursuant to N.J. Ct. R. 4:23-2, and the Court having read all the papers submitted, and having heard the argument of counsel at Superior Court of New Jersey, Law Division, Essex County, 50 W. Market Street, Newark, NJ 07102, and the Court having made [written/oral] findings of fact and conclusions of law which were made a part of the record on , and for good cause shown, IT IS on this day of January ,2020, ORDERED that the Defendants are sanctioned in the amount of reasonable expenses incurred in obtaining this order, including attorney’s fees in the amount of $ for the Motion for Sanctions and all pleadings filed connected to the Information Subpoena; and it is FURTHER ORDERED, that a copy of this Order shall be served on counsel for all parties within seven (7) days. JS.C. Opposed Unopposed ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 1 of 3 Trans ID: LCV20192296819 ChristianDel Toro, Esq.# 210132016 3134.0001 FRANKJ. MARTONE, P.C. Attomeys for Plaintiff 1455 Broad Street Bloomfidd, NJ 07003 1-973-473-3000 Underhill Associates LLC SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, ESSEX COUNTY vs. SPECIAL CIVIL PART DOCKET NO. ESX-L-000337-18 Manio Elizondo, , et al. Defendant(s) Civil Action Certification in Support of Motion To Enforce Litigant’s Rights and to Sanctions for Failure to Comply with Discovery Obligations I, Christian Del Toro, of full age, hereby certifies as follows:: 1. lamanAttomey at Lawin the State of New Jersey and an Associate of the firm of Frank J. Martone, P.C., attomeys for Underhill Associates LLC in the above titled action. In this capacity, T have full knowledge of the facts set forth herein. 2. I make this Certification to support the issuance of monetary sanctions against the Defendant pursuant to the Order issued by the Court on July 19, 2019 for Defendant’s failure to comply with the Information Subpoena pursuant to the Orderto Enforce Litigant’s Rights. 3. OnJune 8, 2018, by a certain Final Judgmentby Default (Annexed hereto as ExhibitA) entered in the above matter, this Court ordered that the Plaintiff, its successors and/or assigns shall recover the sum in the amount of $133,972.47 with interest from April 13, 2018 to the date of final judgment more particularly set forth in its Complaint on Note (and Amendment, if any) from the following defendant: MARIO ELIZONDO, Individually and as Guarantor and 70 2nd STREET LLC. ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 2 of 3 Trans ID: LCV20192296819 4. The Plaintiff docketed the same Final Judgment dated June 8, 2018 with the Law division onJune 19, 2018 under docket number ESX-L-000337-18. 5. On January 9, 2019, I served an Information Subpoena and attached questions as pemmitted by Court Rules on the Defendants, MARIO ELIZONDO, Individually and as Guarantor and 70 2nd STREET LLC by sending it simultaneously by regular and certified mail, retum receipt requested to the Defendants’ last known address. Annexed hereto as Exhibit B. 6. The Defendants Mario Elizondo and 70 2nd Street LLC failed to comply with the Information subpoena as no response was received from the Defendants. 7. On May 8, 2019, I served a true copy of my Notice of Motion for an Orderto Enforce Litigant’s Rights on the Defendants by sending it simultaneously by regular and certified mail, retum receipt requested, at the address shown on the Proof of Service at the conclusion of the Order to Enforce Litigant’s Rights. Annexed hereto as Exhibit C. 8. Neither the regular mail nor the certified mail containing the Notice of Motion has been retumed by the U.S. Postal Service in a manner that would indicate that the defendant’ s address is not valid. Neither the regular nor certified mail was retumed marked “Moved, unable to forward,” “Addressee not known,” “No such number/street,” “Insufficient address,” “Forwarding time expired,” or in any other manner that would indicate that service was not effected upon the Defendant. 9. On June 7, 2019, the Court entered an Order to Enforce Litigant’s Rights when Defendants failed to appearon the retum day of my motion foran order enforcing litigant’s rights. Amnexed hereto as Exhibit D. 10. On June 11, 2019, I served a true copy of the Orderto Enforce Litigant’s Rights on Defendants by sending it simultaneously by regular and certified mail, retum receipt requested, at ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 3 of 3 Trans ID: LCV20192296819 the address shown on the Proof of Service at the conclusion of the Order to Enforce Litigant’s Rights. 11. Neither the regular mail nor the certified mail has been retumed by the U.S. Postal Service in a manner that would indicate that service was not effected. 12. OnJuly 15, 2019, a request for Warrant of Arrest was filed with the Special Civil Part. Annexed hereto as Exhibit E. 13. OnJuly 19, 2019, the Court entered an order compelling a response to the Information Subpoena within 20 days or face monetary sanctions imposed by the Court and the same was served on the Defendants by sending it simultaneously by regular and certified mail, retum receipt requested, at the address the address shown on the Proof of Service at the conclusion of the Order to Enforce Litigant’s Rights. Neither the regular nor certified mail was retumed marked “Moved, unable to forward,” “Addressee not known,” “No such numbenr/street,” “Insufficient address,” “Forwarding time expired,” orinany othermanner that would indicate that service was not effected. Annexed hereto as Exhibit F. 14. Plaintiff is unable to enforce their collection action against the personal property of the Defendants due to the defendants’ continuing non-compliance with the Court. 15. As of December 12, 2019, the Defendantis still non-compliant with the Order to Enforce Litigants Rights and the Information Subpoena. 16. As aresult of the lack of cooperation by the Plaintiff we request at that the Court impose sanctions on the Defendants. Dated: December 12, 2019 BY: (A Z Chistian Del Toro, Esq. ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 1 of 1 Trans ID: LCV20192296819 Christian Del Toro, Esq.#210132016 3134.0001 FRANKJ. MARTONE, P.C. Attomeys for Plaintiff 1455 Broad Street Bloomfield, NJ 07003 1-973-473-3000 Underhill Associates LLC SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, ESSEX COUNTY VS. SPECIAL CIVIL PART DOCKET NO. ESX-L-000337-18 Mario Elizondo, , et al. Defendant(s) Civil Action CERTIFICATION OF SERVICE Christian Del Toro Esq, does hereby certify 1 I am an attomey at law in the State of New Jersey and with the law firm of FRANK J. MARTONE, P.C., attomeys for Plaintiff in the above-captioned matter. 2. On December 12, 2019, our office also causedto be mailed a copy the Motion, Exhibits, and Certification of Service to the following person(s) by simultaneously mailingit by certified mail and regular mail: Mario Elizondo 44 Lawrence Avenue West Orange, NJ 07052 70 2" Street LLC 44 Lawrence Avenue West Orange, NJ 07052 I hereby certify that the foregoing statements made by me are willfully true; I am aware that if any of the foregoing statements made by me are willfully false, I am subjectto punishment. _ Chistian Del Toro, Esq. Dated: December 12, 2019 ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 1 of 36 Trans ID: LCV20192296819 EXHIBIT A ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 2 of 36 Trans ID: LCV20192296819 ESX L 000337-18 06/08/2018 Pg 1 of 1 Trans ID: LCV20181019545 FrankJ. Martone, Esq. - #005841977 3134.0001 FRANK J. MARTONE, P.C. 1455 BROAD STREET BLOOMFIELD, NJ 07003 973-473-3000 ATTORNEY FOR PLAINTIFF UNDERHILL ASSOCIATES LLC SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff ESSEX COUNTY VS. Docket No.: ESX-L-000337-18 MARIO ELIZONDO, Individually and as Civil Action Guarantor and 70 2™ STREET LLC FINAL| JUDGMENT BY DEFAULT Defendant(s) The Summons and Complaint in the above entitled action having been duly served on the Defendant, and the Defendant having been defaulted for failure to appear in the action and the Plaintiff having tiled a Certification of Proof of Amount Due; and for good cause shown, IT IS on this oh say of Towa. 2018, ORDERED, that Judgment be entered in favor of the Plaintiff, Underhill Associates LLC. against the Defendant, Mario Elizondo, Individually and as/Guarantor and 70 2nd Street LLG, in t the sum of $133,972.47 with interest from April 13, 2018 to|the date of the Final Judgrnent at the contract rate of 20% percent ai ro fos ofS L and wit of —_+—_ ‘t [ occ J Rance Cterk-Superiey hoply Ge Whomey Fees “Rando, Bik Fe Queseewt to ‘RPc LS ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 3 of 36 Trans ID: LCV20192296819 EXHIBIT B ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 4 of 36 Trans ID: LCV20192296819 Information Subpoena and Written Questions IMPORTANT NOTICE - Please Read Carefully Failure to Comply with this Information Subpoena May Result in Your Arrest and Incarceration Name: Christian Del Toro, Esq. Atty. ID. 210132016 Address: 1455 Broad Street Bloomfield, NJ 07003 Telephone Number: (973) 473-3000 Attorney(s) for: Superior Court of New Jersey Underhill Associates LLC Law Division, Special Civil Part Plaintiff Essex County -vs- Docket Number: 000337-18 Mario Elizondo, et al Civil Action Defendant Information Subpoena THE STATE OF NEW JERSEY, to: Mario Elizondo, Individually and as Guarantor and 70 2nd Street LLC Judgment has been entered against you in the Superior Court of New Jersey, Law Division. Special Civil Part, Essex County, on June 8 2018_, in the amount of $_133.972.47 plus costs, of which $_133,972.47 together with interest from April 13 2018 , remains due and unpaid. Attached to this Information Subpoena is a list of questions that court rules require you to answer within 14 days from the date you receive this subpoena. If you do not answer the attached questions within the time required, the opposing party may ask the court to conduct a hearing in order to determine if you should be held in contempt. You will be compelled to appear at the hearing and explain your reasons for your failure to answer. If this judgment has resulted from a default, you may have the right to have this default judgment vacated by making an appropriate motion to the court. Contact an attorney or the clerk of the court for information on making such a motion. Even if you dispute the judgment you must answer all of the attached questions. ‘You must answer each question giving complete answers, attaching additional pages if necessary. False or misleading answers may subject you to punishment by the court. However, you need not provide information concerning the income and assets of others living in your household unless you have a financial interest in the assets or income. Be sure to sign and date your answers and return them to the address in the upper left hand corner within 14 days. Dated: January 9 20419 /s/Patrick J. Bartels, J.S.C Attorney for Clerk Underhill Associates LLC Revised 09/01/2014, CN 11840 page | of H ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 5 of 36 Trans ID: LCV20192296819 Information Subpoena and Written Questions Questions for Individuals 1, Full Name 2. Address 3. Birth Date 4, Social Security Number | 5. Driver’s License Number Exp. Date 6. Telephone Number 7. Full name and address of your employer (a) Your weekly salary Gross $. Net $ (b) If not presently employed, name and address of last employer 8. Is there currently a wage execution on your salary? CO yes C1No 9. List the names, addresses and account numbers of all bank accounts on which your name appears. Bank Name Address Account Number(s) | | | i 10. If you receive money from any of the following sources, list the amount, how often, and the name and address of the source. (check all that apply) o Alimony Amount & Frequency Name of Source Address $ Oo Loan Payments Amount & Frequency Name of Source Address $ Rental Income Amount & Frequency Name of Source Address $ Pensions Amount & Frequency ‘Name of Source Address $ Bank Interest Amount & Frequency ‘Name of Source Address $ Stock Dividends Amount & Frequency ‘Name of Source Address $ Revised 09/01/2014, CN 11840 page 2. of LI ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 6 of 36 Trans ID: LCV20192296819 Information Subpoena and Written Questions - Questions for Individuals (1 Other Amount & Frequency Name of Source Address $ 11. Do you receive any of the following, which are exempt from levy? Any levy on disclosed exempt funds may result in monetary penalties including reimbursement of the debtor’s out-of-pocket expenses. Social Security benefits Yes CINe Amount per month $. S.S.I. benefits CI Yes (No Amount per month §. Welfare benefits FI Yes [LNo Amount per month $ V.A., benefits 0 Yes [No Amount per month $ Unemployment benefits (I Yes LNo Amount per month $. Workers’ Compensation benefits Dyes [No Amount per month $. Child support payments Dyes [No Amount per month §. Attach copies of the three most recent bank statements for each account listed in Question 9 that contains funds from these sources. 12. Do you own the property where you reside? If yes, state the following: (1 Yes CINo (a) Name of the owner or owners (b) Date property was purchased (c) Purchase price (d) Name and address of mortgage holder (e) Balance due on mortgage 13. Do you own any other real estate? If yes, state the following: 1 Yes [No (a) Address of property (b) Date property was purchased _(c) Purchase price (d) Name and address of all owners (e) Name and address of mortgage holder (f) Balance due on mortgage $ (g) Names and address of all tenants, and monthly rental paid by each tenant Name Address Monthly Rent $ | [8 | |s 14. Does the present value of your personal property, which includes automobiles, furniture, C1 Yes CI No appliances, stocks, bonds, and cash on hand, exceed $1,000? If the answer is “yes,” you must itemize all personal property owned by you. Cash on Hand: $. Other personal property: If financed, give name and address of party to whom payments are made. If Financed, Item (inclade make, model, serial number) Date Purchased Purchase Price Balance Still Due Present Value | |$ $ | [s |s |s | \s |s {s |s |s |s |$ |$ |s Revised 09/01/2014, CN 11840 page 3 of 11 ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 7 of 36 Trans ID: LCV20192296819 Information Subpoena and Written Questions - Questions for Individuals 15. Do you own a motor vehicle? If yes, state the following for each vehicle owned: oO Yes [No (a) Make, model and year of motor vehicle (b) If there is a lien on the vehicle, state the name and address of the lienholder Amount due on lien $ (c) License plate Number (d) Vehicle Identification Number 16. Do you have an ownership interest in a business? If yes, state the following with respect to C1 Yes [CINo each business: (a) Name and address of the business (b) Is the business a (select one) oO corporation C1 sole proprietorship (1 partnership C1 limited liability company (c) Name and address of all stockholders, officers, partners or members Name Address | | | | (d) The amount of income received by you from the business during the last twelve months $ 17.Set forth all other judgments that you are aware of that have been entered against you and include: Creditor’s Name Creditor’s Attorney Amount Due $ Name of Court Docket Number 122) creditor's Name Creditor’s Attorney Amount Due $ ‘Name of Court Docket Number FET creditor's Name Creditor’s Attorney Amount Due $ Name of Court Docket Number Creditor’s Name Creditors Attorney Amount Due $ Name of Court Docket Number Creditor’s Name Creditor's Attiomey Amount Due $ Name of Court Docket Number Revised 09/01/2014, CN 11840 page 4 of Li ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 8 of 36 Trans ID: LCV20192296819 Information Subpoena and Written Questions - Questions for Individuals [2 creditors Name Creditor’s Attorney Amount Due $ Name of Court Docket # Thereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, 1 am subject to punishment. Date Signature Revised 09/01/2014, CN E1840 page Sof1} ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 9 of 36 Trans ID: LCV20192296819 Information Subpoena and Written Questions Questions for Business Entity 1. Name of business including all trade names. 2. Address of all business locations. 3. If the judgment-debtor is a corporation, the names and addresses of all stockholders, officers and directors. Name Address | | 4. If a partnership, list the names and addresses of all partners. Name Address | | 5. Ifa limited partnership, list the names and addresses of all general partners. Nanie Address | | 6. If the judgment-debtor is a limited liability company, the names and addresses of all members. Name Address | | | 7. Set forth in detail the name, address and telephone number of all businesses in which the principals of the judgment- debtor now have an interest and set forth the nature of the interest. Name Address Phone Number Nature of Interest (22) Name Address Phone Number Nature of Interest Revised 09/01/2014, CN 11840 age 6 of LL ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 10 of 36 Trans ID: LCV20192296819 Information Subpoena and Written Questions - Questions for Business Entity 8. For all bank accounts of the judgment-debtor business entity, list the name of the bank, the bank’s address, the account number and the name in which the account is held. Bank Name Address Account Number Account Name [22 Bank Name Address Account Number Account Name Bank Name Address Account Number Account Name 9, Specifically state the present location of all books and records of the business, including checkbooks. 10. State the name and address of the person, persons, or entities who prepare, maintain and/or control the business records and checkbooks. Name Address | | 11. List all physical assets of the business and their location. If any asset is subject to a lien, state the name and address of the lienholder and the amount due on the lien. Asset Location Lien Lien holder name/address. Amount Due Elves [No [228 Asset Location Lien Lien holder name/address Amount Due Clyes CINo Asset Location Lien Lien holder name/address Amount Due Clyes [J No $ 12. Does the business own any other real estate? If yes, state the following for each property: [_] Yes LI No (a) Name(s) in which property is owned (b) Address of property (c) Date property was purchased @ Purchase price (e) Name and address of mortgage holder (§ Balance due on mortgage $ Revised 09/01/2014, CN 11840 page 7 of I ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 11 of 36 Trans ID: LCV20192296819 Information Subpoena and Written Questions - Questions for Business Entity 12. (g) The names and addresses of all tenants and monthly rentals paid by each tenant. Name Address Monthfy Rent $ [s |s [8 [s | {s 13. List all motor vehicles owned by the business, stating the following for each vehicle: (a) Make, model and year (b) License plate number (c) Vehicle identification number (4) If there is a lien on the vehicle, state the name and address of the lienholder Amount due on fien $ 14. List all accounts receivable due to the business, stating the name, addvess and amount due on each receivable. Name Address Amount Due. $ |$ [$ [s [s [$ | [s 15. For any transfer of business assets that has occurred within six months from the date of this subpoena, specifically identify: (a) The nature of the asset (b) The date of transfer (c) Name and address of the person to whom the asset was transferred (d) The consideration paid for the asset and the form in which it was paid (check, cash, etc.) (e) Explain in detail what happened to the consideration paid for the asset Revised 09/01/2014, CN 11840 page 8 of 11 ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 12 of 36 Trans ID: LCV20192296819 Information Subpoena and Written Questions - Questions for Business Entity 16. If the business is alleged to be no longer active, set forth: (a) The date of cessation (b) All assets as of the date of cessation ({c) The present location of those assets (d) If the assets were sold or transferred, set forth: 1 The nature of the assets Date of transfer Name and address of the person to whom the assets were transferred The consideration paid for the assets and the form in which it was paid. Explain in detail what happened to the consideration paid for the assets: 17. Set forth all other judgments that you are aware of that have been entered against you and include: Creditor’s Name Creditor’s Attorney Amount Due $ Name of Court Docket Number Creditor’s Name Cteditor’s Attorney Amount Due $ ‘Name of Court Docket Number Revised 09/01/2014, CN 11840 page 9 of HI ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 13 of 36 Trans ID: LCV20192296819 Information Subpoena and Written Questions - Questions for Business Entity Creditor’s Name Creditor’s Attorney Amount Due. $ Name of Court Docket Number Creditor’s Name Creditor’s Attomey Amount Due $ ‘Name of Court Docket Number [2S creditor's Name Creditor’s Attorney Amount Due $ Name of Court Docket Number 18. For alf litigation in which the business is presently involved, state: (a) Date litigation commenced (b) Name of party who started the litigation (c) Nature of the action (d) Names of all parties and the names, addresses and telephone numbers of their attorneys Party Name Attorney Name Attorney Address Telephone Number Party Name ‘Attorney Name Attorney Address Telephone Number | Party Name Attorney Name Attomey Address Telephone Number 4 (e) Trial date (f) Status of case (g) Name of the court and docket number Revised 09/01/2014, CN £1840 page 10 of 11 ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 14 of 36 Trans ID: LCV20192296819 Tnformation Subpoena and Written Questions - Questions for Business Entity 19, State the name, address and position of the person answering these questions: (a) Name (b) Address (c) Position Thereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Date Signature (Note: Former Appendix XI-K adopted June 29, 1999, effective September 4, 1990; amended July 14, 1992, effective September 1, 1992; redesignated as Appendix XI-L and amended July 13, 1994, effective September 1, 1994; amended July 28, 2004 to be effective September 1, 2004: amended July 22, 2014 to be eflective September 1, 2014.] Revised 09/01/2014, CN 11840. page LL of IL ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 15 of 36 Trans ID: LCV20192296819 ce 79020 CN ‘eBueIC ysopq enUaAY BIUGIMe)] py opuoziy oneW ZS0Z0 PN ‘BURG Say onusAY 29UaIME] PP epuozig Oey no SE ott soe aos faa 69 OO8é ETHT OL26 GEO LIke AT2b UO MN acon Owe 775 aos ip Z on Ea ws Zan Egqv « “woe r ” rac re o ro Pasenbou wiposy rary uae 85 es 3 oa 58s nd Fy ow on Pee ot See 26 ao ae a3 (ea) 2g5 33 ze beet Se au Ci as Es #e ee ga ge Be 2B Be 23 i igh cary BSEESS 8 Rg hers g2a= oeco00 ieSs 3 1 ESX-L-000337-18 12/12/2019 5:52:06 PM Pg 16 of 36 Trans ID: LCV20192296819 29020 CN ‘eBueIG ysayy enueay soualmey Fp T1898 PuZ OL we 78020 PN ‘eBuesG isom, enusay aouaimet pp 3173}227s puz o£ gh wat ons ees ooo RO nh? 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