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Case 2:08-cv-00640-PGS-ES Document 3-2 Filed 02/06/2008 Page 19 of 30 EXHIBIT 1 (Notice of Filing - Notice of Remand) To Memorandum of Law
Case 2:08-cv-00640-PGS-ES Document 3-2 Filed 02/06/2008 Page 19 of 30
EXHIBIT 1(Notice of Filing - Notice of Remand)
To
Memorandum of Law
ELIZABETH SILVER FAGAN
EDWARD D. FAGAN,
Case 2:08-cv-00640-PGS-ES Document 3-2 Filed 02/06/2008 Page 20 of 30
Case 2:33-av~00001 Document 2680 Filed 02/05/2008 Page 2 of 31
LAW OFFICES OF PETER W, TILL105 Morris Avenue - Suite 201
Springfield, New Jersey 07801(973) 258-0064Attorneys for Defendants andAdditional Defendants for Injunctive Relief
UNITED STATES DISTRICT COURTDISTRICT OF NEW JERSEY
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: ESSEX COUNTY
DOCKET NO.: ESX-L-7205-07
Plaintiff,
v.
DAVID H. JAFFE, MARGARET E. JAFFE,
KENN KIMM ROGERS, MINDY JAFFEROGERS
Defendants.
and
BALDWIN & ASSOCIATES CONSTRUCTION
INC., BALDWIN ASSOCIATES INC.;
BALDWIN ASSOCIATES LlC; NEWBALDWIN ASSOCIATES1 LLC; MAYFLOWER
REALTY CO. LLC; BEST VALLEY REALTY;
DAVID JAFFE MANAGEMENT CO.;LAKESIDE GARDEN APARTMENTS; SO.
ClINTON PARTNERSHIP and VILLAGE
APARTMENTSiTHE JAFFE FAMILY 2002 IRREVOCABLE
TRUST; THE JAFFE FAMILY 2003IRREVOCABLE TRUST; THE JAFFE FAMILY
2004 IRREVOCABLE TRUST; THE JAFFEFAMILY 2005 IRREVOCABLE TRUST;
MINDY JAFFE ROGERS1 TRUSTEE OFASSETS AND TRUST ASSETS OF DAVID H.
JAFFE AND MARGARET E. JAFFE; MINDY
JAFFE ROGERS, OWNER/PRIMARYBENEFICIARY OF WHOLE LIFE INSURANCE
POLICIES ISSUED BY PACIFIC UFEINSURANCE CO. POUCY NUMBERS
UNKNOWN ON LIFE OF DAVID H. JAFFEAND MARGARET E. JAFFEi MINDY JAFFE
ROGERS1 PRIMARY BENEFICIARY OFTERM LIFE INSURANCE POliCIES ISSUED
Civil Action
NOTICE OF FlUNGNQT{CE Of REMOVAL
Case 2:08-cv-00640-PGS-ES Document 3-2 Filed 02/06/2008 Page 21 of 30Case 2:33~av-00001 Document 2680 Filed 02/05/2008 Page 3 of 31
BY NORTH AMERICAN LIFE INSURANCE
CO. POUCY #5 UNKNOWN ON LIFE OFDAVID H. JAFFE AND MARGARET E.
JAFFE; MINDY JAFFE ROGERS,
OWNER/PRIMARY BENEFICIARY OF TERMUFE INSURANCE CO. POLICY #5UNKNOWN ON LIFE OF DAVID H. JAFFE
AND MARGARET E. JAFFE;
Additional Defendants for
Injunctive Relief.
To: Elizabeth Sliver Fagan10 FerndlffTerraceShort Hills, New Jersey 07078PlaIntiff Pro Se
Edward D. Fagan, Esq.5 Penn Plaza, 23m FloorNew York, NY 10001Plaint;ff Pro Se
51 R:
PLEASE TAKE NOTICE that In the above-entItled actIon, Defendants and the
additional Defendants for Injunctlve Relief have this day filed a Notice of Removal, a
copy of which Is attached hereto, in the Office of the Clerk of the United States District
Court for the DIstrict of New Jersey. You are also advised that the Defendants and the
additional Defendants for Injunctive Relief upon filing of said Notice of Removal filed a
copy of the Notice with the Clerk of the Superior Court of New Jersey, Law Division,
Essex County, which has effected this removal, In accordance with 28 U.S.C. § 1446(b).
LAW OFFICES OF PETER W. TILL
Attorneys for Defendants and AdditionalDefendants for Injunctive Relief
Dated January 30, 2008Is! Peter W. TillPeter W. Tm
Case 2:08-cv-00640-PGS-ES Document 3-2 Filed 02/06/2008 Page 22 of 30
EXHIBIT 2(Notice of Motion to Quash Subpoenas
- on Short Notice)
To
Memorandum of Law
Case 2:08-cv-00640-PGS-ES Document 3-2 Filed 02/06/2008 Page 23 of 30
LAW OFFICES OF PETER W. TILL105 Morris Avenue - Suite 201Springfield, New Jersey 07081(973) 258-0064Attorneys for the Defendants andAdditional Defendants for Injunctive Relief
UNITED STATES DISTRICT COURTDISTRICT QF NEW JERSEY
EUZABETH SILVER FAGANEDWARD D. FAGAN,
Plaintiff,
v.
DAVID H. JAfFE, MARGARET E. JAFFE,KENN KIMM ROGERS, MINDY JAFFEROGERS
Defendants.
and
BALDWIN & ASSOCIATES
CONSTRUCTION
INC., BALDWIN ASSOCIATES INC.;BALDWIN ASSOCIATES LLC; NEWBALDWIN ASSaCIA TES, LLC;MAYFLOWER REALTY CO. LLCi BEST
VALLEY REALTY; DAVID JAFFEMANAGEMENT CO.; LAKESIDEGARDEN APARTMENTS; SO. CUNTONPARTNERSHIP and VILLAGE
APARTMENTS;THE JAFFE FAMILY 2002 IRREVOCABLE
TRUST; THE JAFFE FAMILY 2003IRREVOCABLE TRUST; THE JAFFEFAMILY 2004 IRREVOCABLE TRUST;THE JAFFE FAMILY 2005 IRREVOCABLE
Civil Action No.:
NOTICE OF MOTION
TO QUASH SUBPOENA(ON SHORT NOTICE)
Case 2:08-cv-00640-PGS-ES Document 3-2 Filed 02/06/2008 Page 24 of 30
TRUST; MINDY JAFFE ROGERS,TRUSTEE OF ASSETS AND TRUSTASSETS OF DAVID H. JAFFE AND
MARGARET E. JAFFE; MINDY JAFFE
ROGERS, OWNER/PRIMARYBENEFICIARY OF WHOLE LIFE
INSURANCE POUQES ISSUED BYPAOFIC UFE INSURANCE CO. POLICYNUMBERS UNKNOWN ON UFE OFDAVID H. JAFFE AND MARGARET E.
JAFFE; MINDY JAFFE ROGERS,PRIMARY BENEFICIARY OF TERM LIFEINSURANCE POUCIES ISSUED BYNORTH AMERICAN LIFE INSURANCECO. POLICY #5 UNKNOWN ON LIFE OFDAVID H. JAFFE AND MARGARET E.
JAFFE; MINDY JAFFE ROGERS,OWNER/PRIMARY BENEFICIARY OFTERM LIFE INSURANCE CO. POLICY#S UNKNOWN ON LIFE OF DAVID H.
JAFFE AND MARGARET E. JAFFE;
Additional Defendants for
Injunctive Relief.
To: Elizabeth Silver Fagan10 Ferncliff Terrace
Short Hills, New Jersey 07078Plaintiff Pro Se
Edward D. Fagan, Esq.5 Penn Plaza, 23rd FloorNew York, NY 10001Plaintiff Pro Se
TO PRO SE PLAINTIFFS: .
PLEASE TAKE NOTICE that the undersigned attorneys for the Defendants
and the Additional Defendants for Injunctive Relief will move this Court on a
date to be assigned (on short notice) the Judge then sitting at the Superior
Case 2:08-cv-00640-PGS-ES Document 3-2 Filed 02/06/2008 Page 25 of 30
Court of New Jersey, Essex County, Newark, New Jersey for an Order quashing
the Subpoenas issued by Plaintiffs and personally served upon 1. Craig Nowlin
on Saturday, January 26, 2008, to appear for an oral deposition on Friday,
February 11, 2008 and to produce any and all documents pertaining to David H.
Jaffer Margaret E. Jaffe and/or any entities in which they have an interestr
directly or indirectly at Mr. Nowlin's attorney's office located in Mountainside,
New Jersey; and 2. Michael Schlossmanr DHJ Management, 637 Wyckoff
Avenuer Wyckoff, NJ to appear for oral deposition on Tuesday, February 15,
2008 and to produce any and all books, records and/or documents relate to DHJ
Management so that they can be inspected, examined and photocopied.
Defendants shall rely upon the accompanying Certification of Counsel.
Oral argument is requested.
LAW OFFICES OF PETER W. nLL
Attorneys for Defendants andAdditional Defendants for Injunctive
Reli~ .?'/ABY: ~~~ •• 0-Peter W. Till -
DATED: February 5, 2008
Case 2:08-cv-00640-PGS-ES Document 3-2 Filed 02/06/2008 Page 26 of 30
EXHIBIT 3(Declaration of Defendants' Counsel
Peter Til - dated Feb. 5, 2008)
To
Memorandum of Law
Case 2:08-cv-00640-PGS-ES Document 3-2 .Filed 02/06/2008 Page 27 of 30
LAW OFFICES OF PETER W. TILL105 Morris Avenue - Suite 201
Springfield, New Jersey 07081(973) 258-0064Attorneys for the Defendants andAdditional Defendants for Injunctive Relief
UNITED STATES DISTRICT COURTDISTRICT OF NEW JERSEY
ELIZABETH SILVER FAGAN
EDWARD D. FAGAN,
Plaintiff,
v.
DAVID H. JAFFE, MARGARET E. JAFFE, : Civil Action No.:KENN KIMM ROGERS, MINDY JAFFE .ROGERS
Defendants.
and
BALDWIN & ASSOCIATESCONSTRUCTION
INC., BALDWIN ASSOCIATES INC.;BALDWIN ASSOCIATES LLC; NEW
BALDWIN ASSOCIATES, LLC;MAYFLOWER REALTY CO. LLC; BESTVALLEY REALTY; DAVID JAFFEMANAGEMENT CO.; LAKESIDEGARDEN APARTMENTS; SO. CUNTONPARTNERSHIP and VILLAGE
APARTMENTS;THE JAFFE FAMILY 2002 IRREVOCABLE
TRUST; THE JAFFE FAMILY 2003IRREVOCABLE TRUST; THE JAFFEFAMILY 2004 IRREVOCABLE TRUST;THE JAFFE FAMILY 2005 IRREVOCABLE
Case 2:08-cv-00640-PGS-ES Document 3-2 Filed 02/06/2008 Page 28 of 30
TRUST; MINDY JAFFE ROGERS,TRUSTEE OF ASSETS AND TRUSTASSETS OF DAVID H. JAFFE AND
MARGARET E. JAFFE; MINDY JAFFEROGERS, OWNER/PRIMARYBENEFICIARY OF WHOLE UFEINSURANCE POLICIES ISSUED BYPAOFICUFEINSURANCECO.POUCYNUMBERS UNKNOWN ON UFE OFDAVID H. JAFFE AND MARGARET E.
JAFFE; MINDY JAFFE ROGERS,PRIMARY BENEFICIARY OF TERM UFEINSURANCE POLICIES ISSUED BYNORTH AMERICAN UFE INSURANCECO. POLICY #5 UNKNOWN ON LIFE OFDAVID H. JAFFE AND MARGARET E.
JAFFE; MINDY JAFFE ROGERS,OWNER/PRIMARY BENEFICIARY OFTERM LIFE INSURANCE CO. POLICY#S UNKNOWN ON LIFE OF DAVID H.
JAFFE AND MARGARET E. JAFFE;
Additional Defendants for
Injunctive Relief.
CERTIFICATIO~ OF COUNSEL IN SUPPORT OFM~TION TO OVASH SUBPOENAS
Peter W. Tillt Esq. does hereby certify as follows:
1. I am an attorney at law in the State of New Jersey, duly licensed to appear
before this Court and represent the Defendants and Additional Defendants for
Injunctive Relief. As such, I am fully familiar with the facts and circumstances
surrounding the within matter.
Case 2:08-cv-00640-PGS-ES Document 3-2 Filed 02/06/2008 Page 29 of 30
2. An Amended Summons and Complaint were filed in this matter on December
31, 2007. (See true copy of Amended Summons and Complaintl annexed
hereto as Exhibit "A")
3. We wish to bring to the attention of the Court that the following entities,
although named as Additional Defendants for Injunctive Relief, are no longer
in existence:
Best Valley Realty (no longer in existence)David Jaffe Management Co. (no longer in existence);Lakeside Garden Apartments (no longer inexistence);So. Clinton Partnership (no longer in existence);Village Apartments (no longer in existence); andBaldwin It Associates Construction (status unknown).
4. On January 3D, 2008 this office mailed correspondence to both Plaintiffs
under the Frivolous Litigation Act, NJ Stat. Ann. § 2A:15-59, et sea.. (See
copy of correspondence dated January 3D, 2008, annexed hereto as Exhibit
5. Craig Nowlin and Michael Schlossman, Defendants in the above-captioned
matter, were served with subpoena duces tecums presently returnable
February 11, 2008 (Craig Nowlin - served January 26, 2008) and February
15, 2008 (Michael Schlossman - (his mother was personally served on
January 25, 2008). (See true copies of the respective Subpoenas, annexed
as Exhibit "C")
·Case 2:08-cv-00640-PGS-ES Document 3-2 Filed 02/06/2008 Page 30 of 30
6. Further, the subpoena not only seeksthe oral depositions of Mr. Nowlin and
Mr. Schlossman, it also demands the production of certain documents that
are clearly protected by the attorney-client privilege and work product
doctrine.
7. The subpoena is also overly broad, unduly burdensome, and seeks
documents irrelevant to this litigation.
8. Accordingly, the Defendant respectfully requests that both subpoenas herein
be quashed in their entirety.
I certify that the foregoing statements made by me are true to
the best of my knowledge. I am aware that if any of these statements
are willfully false, I am subject to punishment.
LAW OFFICES OF PETER W. TILL
Attorneys for the Defendants andAdditional Defendants for Injunctive Relief
DATED: February 5, 2008
