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HomeMy WebLinkAbout07-2551James J. Peirano and Michelle Court, LLC PO Box #565 Lanoka Harbor Ocean County, New Jersey 08734 Petitioner, Pro Se James J. Peirano and Michelle Court, LLC Plaintiff(s) pro se., Ocean County Law Division v. Raymond Robinson Carrie Robinson RT Express, Inc. Ingersoll-Rand Co. Modem Machinery Co., Inc. Hi Rollers Conveyors Louis Dreyfus Corp. Magna Machine Co. Lane Enterprises Inc. NOTICE OF LIS PENDENS a~- ass ~ Docket Number: OCN-L-1318-07 Defendant(s). TO WIiOM IT MAY CONCERN: Notice is hereby given of the commencement and pendency of a suit in the Superior Court of New Jersey, Law Division, Ocean County, entitled as above. The general objects of which are: 1. Equitable possession and distribution of property and other related issues. 2. The Petitioner, James J. Peirano, seeks to exert his right of possession of property located at 1235 Means Hollow Road, in Shippensburg, County of Cumberland, State of Pennsylvania, otherwise known as District #39, Parcel ID #39-41-2742 on the Cumberland County Tax Map. Please see the deed on record dated July 20, 2004 in deed book #00265 and page #03236 for the full property description. 3. Petitioner also seeks equitable distribution of his share of equity in the company know as ~, RT Express, Ina located at 1235 Means Hollow Road, in Shippensburg, Pennsylvania, County of Cumberland, State of Pennsylvania otherwise known as District #39, Pazcel ID #39-41-2744-032 on the Cumberland County Tax Map . 4. Petitioner also seeks equitable distribution of his share of equity in the following vehicle: 2000 Western Star Model #1900 tractor, serial #2WKEDDXJ6YK965747, title #63880254, Registration plate #AF42739 Pa. registered at 1235 Means Hollow Road, in Shippensburg, Pennsylvania, County of Cumberland, State of Pennsylvania. 5. The Complaint in the above-entitled action is on file in the Office of the Clerk at Our Honorable Superior Court, Ocean County Law Division, Toms River, New Jersey. The date of the original filing is April 11, 2007. d: A ri120 2007 "~ ,~ ~'` REBECCA K. HAYNES Nb~tary Public of New Jersey Commlesion Expires 05/27ro7 Sworn and subscribed to before me this ~ Q day of April, 2007 2 .`~ ~, ~ \ O ~ ~ ~ v ~ 6~ ~ ~ °~ ('~ "`' C~ ~ -~-~ +~ ~ ~~ (/~ > C~7 7 C~:" -, i' ~, { T- ~ - - -_.." -=-+ t11 a, -~ • .~ S!~ 0 L U 3 -oJ Z = c ~ .yA, o •~ =aV~ ~ ~mx.=- ~ NAY .~~~c° -~~a~ ~ , V r r ~ ~~ // LL (~ 3 ~ O C O = pj ~ ~ •- ~ ~ ~ =.Q N ~ C _~ ~ ~ ~ _ c ~ ~ M Q ~ _~ ~ t ~ v , !"' r ... 1 '~ __ mo~o// LL 3 ~- O ~ = - a ~ _, T i w -- ~ = ~ C ~ .Q ~ = ~. ~ x~ a =W ~ M Q - 1- _~ ~ ~ r r - 3 `~ - 0 o 0 0. ~ _ ~ ~ ~ ~ = O ~ ~ ~ ~ ~ ~~ U M Q ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES J. PEIRANO and MICHELLE COURT, LLC. ; No. ~ ~U ~ ~ ©°~ ~ s / Plaintiffs vs. :Civil Action- LAW RT EXPRESS, INC, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR ANY OTHER CLAIM FOR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA (717) 249-3166 H. ANTHONY ADAMS ATTORNEY AT LAW SUPREME COURT ID NO. 25502 49 WEST ORANGE STREET, SUITE 3 SHIPPENSBURG, PA 17257 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES J. PEIRANO and MICHELLE COURT, LLC. Plaintiffs vs. RT EXPRESS, INC, Defendant :No. aC~U~7- : Civil Action- LAW oars! COUNTERCLAIM Now comes the Defendant RT Express Inc. by and through its attorney, H. Anthony Adams and sets forth the following: 1. Defendant is RT Express, Inc., a duly organized corporation, doing business at 1235 Means Hollow Road, Shippensburg, Cumberland County, Pa. 17257. 2. Plaintiff is James J. Peirano, an adult individual, whose address is P.O. Box 9, Lanoka Harbor, New Jersey 08734. Michelle Court, LLC is a limited liability company with an office at the above address. 3. On or about January 15, 2007, the Plaintiffs and Defendant entered into a Lease Purchase Contract for the sale and transfer of a 2000 Western Star Truck. 4. The Plaintiffs were to pay to Defendant the sum of $1,000.00 on January 15, 2007, the sum of $17,000.00 on January 24, 2007 and a balance of $18,000.00 in 36 equal monthly payments of $500.00. 5. The Defendants paid to Plaintiff the initial two payments and were given possession of the 2000 Western Star Truck. 6. The 2000 Western Star Truck was sold in an "AS IS" condition. 7. The Plaintiffs as further consideration for the sale of the 2000 Western Star Truck were responsible for apro-rated plate charge, pro-rated insurance and liability collision coverage of $150.00 per month to RT Express, Inc. 8. The Plaintiffs further agreed to lease the truck to RT Express, Inc. and were therefore to be paid at the rate of 84% on loads that were transported. 9. After the initial payment, Plaintiffs made no further payment on the 2000 Western Star Truck, refused on numerous occasions to accept freight for transport, insisted that Defendant make repairs and made no payment on insurance or other obligations. 10. On or about April 2007, the 2000 Western Star Truck was returned to Defendant and Plaintiffs refused to make any further payment on the truck. 11. As a direct result of the Plaintiffs' breach of contract the Defendant has suffered. a. the cost of a new stereo for the 2000 Western Star Truck on 1/27/07 $106,00 b. payment to Plaintiffs for a missed load on February 30, 2007 $125.00 c. truck payments not made in February, March or April $1,500.00 d. trailer rental not paid from .lanuary 24, 2007 $240.00 e. repairs to the 2000 Western Star Truck on 2/9/07 and 2/28/07 $3,209.66 f. insurance payments from 2/1/07 $450.00 g. damage to driver side door, damage to axle fender, cut wires, damage to bumper, cleaning truck $445.00 h. Refusal of load in Montana travel from Missoula Montana to Sioux Falls South Dakota without load ,$1,590.00 i. payment of hotel bills, phone charges and other items for Plaintiff $90.00 j. remaining balance on contract sale of truck $16,500.00 12. Plaintiffs were paid as an owner operator from January 24, 2007 until March 9, 2007 which is an amount of $4,712.85 in excess of that amount that would be paid to a company driver. 13. On or about May 3, 2007, the Plaintiffs filed a notice of Lis Pendens against Defendant and others, knowing that there was no dispute over any land. Although the action was initially filed in New Jersey, it was later filed in Cumberland County, Pennsylvania to which this action is a counterclaim. 14. The amount in controversy is an amount that requires the matter be submitted to a Board of Arbitrators C.C.R.P. Rule 1301-1 WHEREFORE, Defendant prays your Honorable Court enter judgment in its favor and against Plaintiffs jointly and serverally in the amount of $24,325.66. Respectfully submitted, H. Anthony Adams, Esquire Attorney for Plaintiff SUPREME COURT ID NO. 25502 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: c.SJ ~~/ D ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES ]. PEIRANO and MICHELLE COURT, LLC. ; No. o~ ~U ~ ~ ©°~ S s ' Plaintiffs vs. :Civil Action- LAW RT EXPRESS, INC, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR ANY OTHER CLAIM FOR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA (717) 249-3166 H. ANTHONY ADAMS ATTORNEY AT LAW SUPREME COURT ID NO. 25502 49 WEST ORANGE STREET, SUITE 3 SHIPPENSBURG, PA 17257 t`> a c:~ ~ -n -v i=~ ~. c... .,. 4 ~-. _i ~ ~ -r3 s ~ l _f -.._ s" C -~ r -s v =~ ~ . IN OUR HONORABLE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Appearance Cumberland, SS. Court of Common Pleas Docket Number. 2007-02551 July 9, 2007 James J. Peirano v. RT Express, et al. I hereby certify that a H. Anthony Adams, On: times J. Pe .O. Box #9 Jersey 08734 were mailed to: Appearance Withdrawal ~ 3 - _ ~ ~- ~ ~" ~ z fri ~ ~ ~ } ~~ f:~i V .. ~-~-k , ..r . C fir _ ~~ ^ IN OUR HONORABLE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James J. Peirano Plaintiff pro se. v. Raymond Robinson Carrie Robinson RT Express, Inc., et al. Defendant(s). Civil Action Law Division Docket Number: 2007-02551 ANSWER AND AFIRMITIVE DEFENCE IN RESPONSE TO COUNTERCLAIM Now comes James J. Peirano, Plaintiff pro se in the above entitled action and by way of his ANSWER and AFFIRMITIVE DEFENCE sets forth the following: James J. Peirano is not an attorney, therefore layman's terms and easily understood language is the context of this answer and affirmative defense. 1. Defendant's fail to set forth any allegations in paragraph # 1 of their counterclaim. Therefore, Plaintiff is not required to respond. 2. Plaintiff admits, in part, to the statement in paragraph #2 of defendant's counterclaim insofar as plaintiff is James J. Peirano. However, Michelle Court, LLC is not party to the overriding suit and therefore no response is set forth herein. 3. Plaintiff denies the allegations contained in paragraph #3 of the counterclaim to the extent they aze directed to and against any lease purchase contract for the sale of a 2000 Western Staz truck. 4. Plaintiff admits, in part, and denies, in part the allegations in pazagraph #4 of the counterclaim. 5. Plaintiff denies any allegations set forth in paragraph #5 of defendant's counterclaim; said paragraph #5 making no sense factually or grammatically whatsoever. 6. Plaintiff denies allegations set forth in paragraph #6 of defendant's counterclaim that said Western Star truck was sold "as is". ~. Plaintiff denies any allegations set forth in paragraph #7 of defendant's counterclaim. 8. Plaintiff admits the allegations set forth in paragraph #8 of defendant's counterclaim. 9. Plaintiff denies all allegations set forth in paragraph #9 of defendant's counterclaim. 10. Plaintiff denies the allegations set forth in paragraph # 10 of defendant's counterclaim. 11. Plaintiff denies the allegations for damages set forth in paragraph #11 of defendant's counterclaim. 12. Plaintiff admits the allegations set forth in paragraph # 12 of defendant's counterclaim insofar as it relates to plaintiff being paid as anowner-operator. However plaintiff is without knowledge or information sufficient to form a belief as to the truth of the allegations of any amount paid in excess of that of any company drivers. 13. Plaintiff denies any allegations set forth in paragraph # 13 of defendant's counterclaim insofar as plaintiff knowing there is any dispute over any land and leaves defendants to their offers of proof in our Honorable Superior Court of New Jersey, Ocean County Law Division. Plaintiff further denies the allegation in paragraph #13 that any further action was filed in any other jurisdiction other then the aforementioned Ocean County Law Division and the New Jersey Attorney General's office for further investigation of the fraud perpetrated by the defendants. 14. Plaintiff denies any allegations set forth in paragraph #14 of defendant's counterclaim: given that Our Honorable Court of Common Pleas of Cumberland County is not the venue of record where this action is filed. AFFIRMATIVE DEFENSES 15. First affirmative defense: Defendant's claims are frivolous and without merit: This very dispute of facts is already a matter of controversy in a case on file at the Honorable Superior Court of New Jersey, Ocean County Law Division. And moreover, Defendant's Ray and Came Robinson and RT Express are subjects of an investigation by the New Jersey Attorney General's Office, Division of Consumer Fraud for their actions as outlined in the overriding matter. 16. Second affirmative defense: Defendant's actions, by filing in this Honorable Court are a serious abuse of this process, an egregious waste of this Honorable Court's time and recourses and an abuse of Plaintiff's time and recourses. ii 17. Third affirmative defense: Defendant's actions are conspicuously harassing and over- reaching for the sole purpose of intimidating plaintiff whom has a legitimate claim in Our Honorable Superior Court, Ocean County Law Division in the State of New Jersey. 18. Fourth affirmative defense: Defendant's counterclaim is not a proper counterclaim and is not filed in the proper venue. 19. Fifth affirmative defense: Respectfully; this Honorable Court lacks personal jurisdiction over this matter given that this is a matter already in controversy and previously filed in the Honorable Superior Court of New Jersey, Ocean County Law Division entitled James J. Peirano v. Ray Robinson, et al., Docket Number: OCN-L-1318-07. Defendants are, at this time, in default of the overlying matter. 20. Sixth affirmative defense: Defendant's have not suffered any damages resulting from their reliance on any representation made by plaintiff, therefore defendants fail to state a claim upon which relief may be sough or granted. Wherefore: Plaintiff prays that our Honorable Court will: A. Enter a judgment of dismissal in favor of Plaintiff and against Defendants; and, B. Sanction Defendants and their attorney for wasting this Honorable Court's time, abuse of process and abuse of the plaintiff; and, C. Understand that plaintiff is a pro se litigant and view any deficiencies herein as harmless errors and forgive oversights with leniency from our Honorable Court; and, D. Enter any further or other relief Our Honorable Court deems just and equitable. Respectfully #9 se New Jersey 08734 iii VERIFICATION I, James J. Peirano, of full age and on my oath verify that the statements made by me in this answer to the counterclaim are true and correct. And I understand that any false statements made by me are subject to penalties under 18 Pa. C.'~ falsification to authorities. Date: July 9, 2007 C? r•~ ~ ~ ,, , , " n r ~.t.~ f~ f `y. ;" ~: y ~~