Opinion
DOCKET NO. A-6042-10T4 DOCKET NO. A-6095-10T4
06-25-2012
STATE OF NEW JERSEY, Plaintiff-Respondent, v. 2006 HYUNDAI SANTA FE, LAST FOUR OF VEHICLE IDENTIFICATION NO. 1646, SEIZED FROM STEVEN B. TRAINER, TITLED TO ALMA AGBAYANI, Defendants-Appellants.
John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Elizabeth R. Rebein, Senior Assistant Prosecutor, on the brief).
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
Before Judges Fisher and Grail.
On appeal from the Superior Court of New Jersey, Law Division, Special Civil Part, Bergen County, Docket No. DC-009109-11.
Fe Alma Agbayani, appellant pro se, in A-6042-10T4.
Steven B. Trainer, appellant pro se, in A-6095-10T4.
John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Elizabeth R. Rebein, Senior Assistant Prosecutor, on the brief). PER CURIAM
The State commenced this action for forfeiture, pursuant to N.J.S.A. 2C:64-1(a), of a 2006 Hyundai Santa Fe allegedly used by Steven Trainer in the commission of criminal activity. Fe Alma Agbayani is the title holder to the vehicle. The State's complaint sought a judgment extinguishing the rights Trainer and Agbayani may have to the vehicle and vesting those property rights in the State.
Default judgment was entered against both Trainer and Agbayani. They both unsuccessfully moved for relief from the default judgment and thereafter separately appealed.
The two appeals were calendared back-to-back. We now consolidate the two appeals and decide them by way of this opinion.
In response to these appeals, the prosecutor concedes there are significant questions regarding the sufficiency of service of process and that both Trainer and Agbayani are entitled to relief from the default judgment. We agree.
The orders under review in these appeals are reversed and the matter remanded to the trial court to provide defendants with the opportunity to file responsive pleadings and for further proceedings. We do not retain jurisdiction.
I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION