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Exhibit 52 ORDER 01.28.2021
Exhibit 52 ORDER 01.28.2021
MENSAH CONE,
Plaintiff,
VS.
VALERIA CONE,
Defendant.
THIS MATTER having been opened to the court by GREGORY A. PASLER, Esq. of the
firm Townsend, Tomaio & Newmark, LLC, attorneys for the Petitioner; and on notice to Geist Law,
LLC, attorneys for the Defendant, VALERIA CONE; and on notice to MENSAH CONE, pro-se;
and the Court having reviewed the pleadings submitted; and the Court having conducted a plenary
hearing on January 13Ih, 2021 ; and the Court having placed its Statement of" Reasons on the record
on January 14~t~, 2021; and for the reasons stated on the recor~g" aa c~ "~ ~-o ~,,-1~ ~t~’~
FILED, Clerk of the Appellate Division, March 13, 2021, A-001858-20
FM-07-002157-14 03/12/2021 06:42:13 PM Pg 312 of 493 Trans ID: FAM2021184487
I. The Court fixes pursuant to N.J.S.A. 2A:l 3-5 and applicable case law, Petitioner’s attorney
fee charging lien for unpaid services rendered and disbursements incurred on Plaintiff’s
behalf relating to the within matter in the contended sum of $265,150.70, which sum includes
interest calculated at the agreed upon rate set forth in the written attorney fee retainer
agreement, (hereinafter referred to as the "Lien") which Lien shall contain and attach to any
and all interest of any kind in which Plaintiff has in and to any settlement, including the
April 29, 2020 Judgment of Divorce, verdict, report, decision, award, judgment, or final
order, and the proceeds thereof, and all distribution in this matter in whosesoever hands they
may come (hereinafter collectively referred to as Plaintiff’s "entitlement"), arising out of the
within matter;
2. The Court enjoins and restrains the parties, their fiduciaries, agents and representatives, who
shall include their present and any possible succeeding attorney(s) and any other person or
entity in whosesoever hands may come Plaintiff’s entitlement, from dissipating, distributing,
interest in the entitlement by, among other methods, holding same in escrow by the parties’
any other person or entity in whosesoever hands they may come, until such time as the lien
is satisfied;
4. The Court directs the parties, their fiduciaries, agents, and representatives, who shall include
their present and any possible succeeding attorney(s), and any other person or entity in
whosesoever hands may come Plaintiff’s entitlement, to promptly and timely notify
Petitioner of the proposed terms of any possible settlement or final resolution thereof relating
2
FILED, Clerk of the Appellate Division, March 13, 2021, A-001858-20
FM-07-O0215 ~
J 7-14 03/12/2021 06:42:13 PM Pg 313 of 493 Trans ID: FAM202 l 184487
to Plaintiff’s entitlement, which notification shall be timely given to Petitioner prior to any
Satisfaction of the lien in favor of TOWNSEND, TOMAIO & NEWMARK, LLC shall be
made no later than days from the date of entry of this Order. If MENSAH
CONE l~ails to make payment, this lien may be filed as a JUDGMENT against MENSAH
~SSAMANO, J.S.C.