Category: Legal Legals Source: Herald Marketplace Listed: Fri Aug 22nd
Superior Court of New Jersey, Cape May County, Chancery Division Docket No.: CPM-C-32-25 From the State of New Jersey to Andrew Kinka: Michelle Dunn has filed a lawsuit against you in the Superior Court of New Jersey. The Complaint alleges that Andrew Kinka did not comply with his obligations under the terms of the Settlement Agreement; Andrews breaches are material to the Agreement and affect the purpose of the Agreement in a vital way; Andrews representations with regard to the Property value as well as his ability and/ or intention to comply with the terms of the Settlement Agreement were false and misleading; Michelle would not have entered the Settlement Agreement had she known of Andrews misrepresentation in this respect; The Settlement Agreement was therefore based on a fundamental mistake, which was either shared by both parties, or was based on an intentional misrepresentation by Andrew; It would be unjust for Andrew to retain the benefit conferred upon him by Michelle through the Parties jointly borrowed funds, as well as the Settlement Agreement, especially when he has not complied with its terms; Andrew will be unjustly enriched by retaining and selling the Property without repaying the Parties joint $250,000 loan, as well as his share of the payments already made by Michelle; Michelle is a 50% rightful owner of the Property and therefore is entitled to partition of the Property by sale. If you dispute this Complaint, you or your attorney must file a written Answer or Motion (with fee of $135.00 and completed Case Information Statement) if you want the Court to hear your defense. If you do not file and serve a written Answer or Motion within thirty (35) days, the Court may enter a judgment against you for the relief Plaintiff demands, plus interests and costs of suit. If Judgment is entered against you, the Sheriff may seize your money, wages or property to pay all or part of the Judgment. If you cannot afford an attorney, you may call the Legal Services office in the county where you live or the Legal Services of New Jersey Statewide Hotline at 1-888-LSNJ-LAW (1-888-576-5529). If you do not have an attorney and are not eligible for free legal assistance, you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A directory with contact information for local Legal Services Offices and Lawyer Referral Services is available in the Civil Division Management Office in the county listed above and online at http://www.njcourts.gov/forms/ 10153_deptyclerklaw ref.pdf . 1 xFee=$29.50 8/27/25
