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MAIN STREET TITLE & SETTLEMENT SERVICES, LLC v. ACE AMERICAN INSURANCE COMPANY et al Complaint

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

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Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 2 of 53 PageID: 5
SUPERIOR COURT ·tIIlSEN COUNTY
F I LED
The Law Offices of Robert G. Ricco, Esq.
ATTORNEYS AT LAW
·811 Westwood Avenue River Vale, NEW JERSEY 07675
Telephone: (201) 497-6524
NOV 0.,3' 2010
~& 'Pf CLERK
SUPERIOR COURT OF NEW JERSEY . EQUITY/ DIVISION: BERGEN
....
Attorneys for Plaintiffs. MAIN STREET TITLE & SETTLEMENT SERVICES, LLC, Plaintiffs, -againstACE AMERICAN INSURANCE COMPANY, ACE USA, John and Jane Does 1-100; and XYZ CORPS. 1-100, XYZ LLCS. 1-100, Defendants
CO~_I056~-'O
Docket No: BER" --------/10 CIVIL ACTION VERIFIED COMPLAINT .
.
,
Plaintiff MAIN STREET TITLE & SETTLEMENT SERVICES LLC, doing business at 190 Main street, Hackensack, NJ, by way of Verified Complaint says:
i.' On .ot about December 11, 2008, The Main Street Title &
Settlement Services, LLC.,
. 0~remafter ''M;ain Street", or Plaintiff: and .similarly all references in plural shall apply to same) :enteied: mto, a co'iitract o·r.~~e wit~: ACE American Insurance Company and ACE l1SA, ·(hereinafter cOllectively referred t~' as "ACE") for errors and omissions coveragci (See insurance
,
.
. ' :bmder Attached hereto as EXlilbit A).
2.
. The iriSurance was to provide retroactive coverage for all prior years of Main Street
.
operationS, and slated to begin on January 6, 2009. (See Contract oflnsuIance dated attached to . the Complaint hereto as Exhibit "B").
I '
.
"
1
Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 3 of 53 PageID: 6
3.
In June of2009, Main Street was served with a lawsuit by Loir Ann Palumbo, namely
Palumbo v. Main Street, Index No., Pas-L-248S ..09, the allegations of which are discussed in the supporting memorandum of law.
4.
Main Street never had knowledge of this claim brought by Lori Ann Palumbo until it was
served in the summer of2009, and filed by Palumbo in court on June 5, 2009.
5.
Main Street did not obtain knowledge or information about this claim prior to the
inception date of the policy.
6.
During the litigation initiated by Lori Ann Palumbo, her attorneys produced a letter dated
December 11,2008 purportedly notifying Main Street of the claim, but Main Street never received that letter.
7. 8.
The letter produced was not certified, and no certified receipt was produced.
' Main Street was in the business of moving to a new location, at 190 Main Street, and
aJteady bad changed its postal address by notification to the post office.
9~
It no longer received mail at the old address, 210 River Street, because the post office
tefused to deliver there once the change of address was filed.
10,
Maul Str~ 'is unsure what the post office did with mail addressed to 210 'Main Str~et, ,
but Some mail '~Ved week~s ,later adVising Main' Street t~ notify addressors to send to the new address. Main Street nt:;ver received such a notice or the purpO~ed letter dated December 11.
:
'
2008, 11.
1n any event, the'purported December 11, 2008 letter was never received.
Based on this ietter which ACE incorrectly believed Main Street bad received, it
"
, ii',
:, deCided ~o'd~litie and withdraw, coverage arid cease its qefe~e ofMairi Street durin8 ijtigatiQD " . '. . ,. . '.. . .
"
on the eve of triaL
2
Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 4 of 53 PageID: 7
13.
Main Street was forced to pay its own counsel, and defend itself and remains prejudiced
by this outrageous conduct on the part of ACE, which smacks of bad faith.
14.
The nature of what Lori Ann Palumbo alleged, namely that Main Street had wired
money without authority to her joint marital bank account, is a rank lie. Not only did Main Street have written authority from her, but it was confirmed by telephone by a Main Street employee.
15.,
Furthermore, Lori Ann Palumbo asserted that her husband stole the money, but never
proved it was stolen. Therefore, her claim was frivolous at best, and fraudulent at worst.
16.
Main Street never had an inkling that its wire transfer was improper, as the lawsuit came
three years later, and Lori Ann Palumbo never made a peep over-where the money was wired in , all that time. 17. Furthermore, Ms. Palumbo was. a well educated chiropractor, with her own business.
Yet she allowed her husband to do all of her finances, as she 'testified in her deposition taken in the uriderlying case •
•*
: •. '
AS AND FOR A' FI:RsT COUNT FOR BREACH OF CONTRACT AND
SPECIFIc PERFORMANcE
. .
'18.
Plaintiff hereby repeats, reiterates and re-alleges each and every of the foregoing
allegations contained· in paragraphs 1 through 17 as if set forth verbatim here.
19.
Upon infonnation and belie(' ACE breached their agreements with Main Street by
.a~t it: b; ~ri Ann p~ on th~
denying coverage an9, withdrawing its legal defense: of Main Stree~ in the litigation brougl;tt .
e~ of ~ ·~sed· upon a ~~idOO ·n~tion that Main .
Street had knowledge of a pre-existing claim.
3
Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 5 of 53 PageID: 8
20.
Upon information and belie£: ACE breached their agreements with Main Street by
failing to fully investigate whether Main Street had the requisite knowledge of a claim that ultimately was brou~ht by Palumbo. 21. Upon information and belief, ACE breached their agreements with Main Street by
narrowly interpreting .the exclusion based upon pre-existing knowledge of a claim in contravention of what is nonnally expected by an insured in New Jersey, withdrawing its defense on the eve of trial. 22. Main Street has been damaged by the actions of the defendants in an amount to be
determ.i.ned. WHEREFORE, Defe'ndants seek a judgment with costs against Defendants as follows: A. Declaring that ACE owes Main Street a
def~nse
in the underlying case as it is
."
in breach of contract and ordering the Defendants to specifically provide a defense to Main
Street under the te~ of the insurance contract that ACE entered into;
B.
.', underlying
Awarding costs, and disbursements for this action and the defense of the
action, as well as indemnification for settlements, verdicts or judgments in the
, .:: 'tInder-lying action bJ:ou'ght agamst Main Street by Lori Ann Palumbo; C. AwardiDg actual damages;
D. Awarding attorney's 'fees and costs; and
..
E.. Gnmting such other further and' different relief as the court deems just and
equitable.
AS ANl>FoR A SECOND COUNT FOR NEGL1GENCE
.. ' '23. :.. P1aititiffhereby tepeats, reiterates ~d re-alleges' each and'. . ,: one"of~e•foregoing. every #. .... ...." ."' . .
f • • • •
: .-
allegations contained in paragraphs 1 through 22 as if set forth verbatim· here. . .
4
Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 6 of 53 PageID: 9
24.
That, the actions of the Defendants w~re negligent as to Plaintiff and caused substantial
dattJage to the Plaintiffs business by dropping its defense of the underlying lawsuit at the eleventh hour.
25.
Defendant ACE as an insurer had a duty to act professionally and yet negligently
handled the defense of the claim herein and relied upon incorrect assumptions to deprive Main Street of a defense.
26.
Main Street has been damaged by the actions of the defendants in an amount to be
determined.
WHEREFORE, Defendants seek a judgment with costs against Defendants as follows:
A. Declaring that ACE owes Main Street a defense in the underlying case as it is
in breac}1 of contract .and ordering the Defendants to specifically provide a defense to Main ,.. Street under the term of the insurance contract that ACE entered into; B. Awarding costs, and disbursements for this action and the defenSe of the .' : tinderlying action, as' well as indemnification for and settlements, verdicts or judgments in the' " ,.:
"
Underlying action brought against ~ain Street by Lori Ann Palumbo;
.
,
.
C. Awarding actual damages; D. Awarding attorney's fees and costS; and E. Granting such other further and different. relief as the' court equitable.
deexm just 'and
AS AND FORA'THIRD COtTItt FOR EQUITABLE ESTOPPEL,
WAIVER AND 'DETRIMENTAL 'RELIANCE
27.
Plaintiff hereby repeats, reiterates and re-alleges each and every one of the foregoing·
allegations contained iIi paragraphs 1 through 26 as if set forth verbatim here. 5
Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 7 of 53 PageID: 10
28.
That, the actions of the Defendants resulted in a detriment to Plaintiff after reasonable
reliance and payment"ofpremium which should result in an estoppel of Defendant's actions to deny coverage, as Plaintiff s expectations of coverage were reasonable under the circumstances. Plaintiff relied on the defense provided to it and is now in a terrible position on the eve of trial as it has to pay for and conduct its own defense without even the promise of indenmification. Defendants should be stopped from denying coverage and withdrawing a defense at this late stage of the case. Alternatively, Defendants should be deemed to have waived the exclusion they relied upon to waive coverage by not investigating these issues until the eve of trial.
WHEREFORE, Defendants seek a judgment with costs against Defendants as follows:
A. Declaring that ACE owes Main Street a defense in the underlying case as it is
iii bteach of contract and ordering'the Defendants to specifically provide a defense to Main
S'tteet under, the teim of the insurance contract that ACE entered into; B. Awarding costs, and dis~U:rsements for this action and the defense of the undetlying action, as well as indemnification for and settlements, verdicts or judgments in the ' \tnderlying action brought a:gamst Main Street by LOri Ann Palumbo;
C. Awarding actual damages;
D~ Awarding attomey's fees and costS; and
-,
E. Granting such other further and different relief as the couit deems just and ,equitable.
. AS AND J!OR A J!OURTH COUNT FOR UNJUST _ENRlC~NT
29. Plaintifthereby repeats, reiterates and re-alleges each and every one of the foregoing
allegations contained in paragraphs' 1 through 28 as if set forth verbatim here.
Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 8 of 53 PageID: 11
30.
That, the actions of the Defendants resulted in a detriment to Plaintiff after reasonable
reliance and payment of premium which should result in an estoppel of Defendant's actions to deny coverage, as Plaintiffs expectations of coverage were reasonable under the circumstances. 31. In the alternative, Defendants should refund the premium should that court find that no
meeting of the minds took place or otherwise that ~e contract of insurance should be rescinded.
WHEREFORE, Defendants seek a judgment with costs against Defendants as follows:
A.. Declaring that ACE owes Main Street a defense in the underlying case as it is in breach of contract and ordering the Defendants to specifically provide a defense to Main Street under the term of the insurance contract that ACE entered into;
B. Awarding costs, and disbursements for this action and the defense of the
underlying action, as well as indemnification for and settlements, verdicts or judgments in the . un<,lerlying action brought against M~in Street by Lori Ann Palumbo; C. Awarding actual damages; D. Awardmg attorney's fees and costs; and
Eo"' Granti1lg. such other further and different relief as the court deems just and
. equitable.
AS AND FOR A Inai'D COUNT AGAINST THE DEFENDANTS FOR
CONSTRUCTIVE FRAUD
. 32. . 'Plaintiffs hereby repeats, ·reiterates and re-alleges"· each and every one of the .' ~ .... . .. . . : ... '.. . : . . .. . . . . . ." ..' foregoing 'allegationS contained in paragraphS 1 through 31 as if set forth verbatim herein.
7
Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 9 of 53 PageID: 12
33.
Upon information and belief, the defendants are liable for harming the business
interests of Main Street by fraudulent claims handling to their benefit hy means of behavior that the court should construe as a constructive fraud,. in that ACE purported to faithfully honor his duty to Main Street under the contract, to both defend and indemnifY in exchange for the payment of premium, but which was violated by the making of deceptive material misrepresentations and or omissiQDS of past or existing facts or remaining silent when a duty to speak existed, compounded by inducing detrimental reliance thereon by Main Street, proximately causing injury to the Plaintiff as coverage was wrongly denied and a defense of litigation withdrawn. In essence,
ACE has acted as if the contractual promises it made were never intended to be kept.
WHEREFORE, Plaintiffs seek a judgment with costs against Defendants as follows:
A Declaring that ACE owes Main Street a defense in the underlying case as it is
in
b~each
of contract and ordering the Defendants to specifically provide a
defense to Main street under the tenn of the insurance contract that ACE .. entered into; B. Aw~ing costs, and disbursements for this action and the defense of the undedying action, as well as indemnification for and settlements, verdicts or judgments in the underlying act~on brought against Main Street by Lori Ann Palumbo;
C. Awarding actualt.damages; . .
D: Awarding attomey;~ fee~ and costs; and
:
.
. E. ~ting such other further and differ~nt relief as the court deems just and
8
Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 10 of 53 PageID: 13
equitable.
AS AND FOR A SIXTH COUNT AGAINST ACE FOR BREACH OF FIDUCIARY DUTY 34.
Plaintiffs hereby repeats, reiterates and re-alleges each and every one of the 1 through 33 as if set forth verbatim
foregoing allegations contained in paragraphs herein.
35.
Upon information and belief: ACE breached its fiduciary obligations to Main
Street as it had a duty to defend and indemnify and was intimately involved in the defense of the underlying suit mentioned supra. 36.
As a result of the foregoing, Plaintiff has been damaged in an amount to be
determined which. Plaintiffs are entitled to and demand compensatory damages, punitive damages and attorneys' fees.
. , ' .'
WHEREFORE, Plaintiffs seek a judgment with costs against Defendants as
follows:
A.
Declaritig .that ACE owes Main Street a defense in the underlying case as
in breach of contract and ordering the Defendants to
specificaiiy provide a
'it ,is
defense to Main Street under the term of the insurance contract that ACE entered.
.
,
into;
B.
Awarding costs, and disbursements for this action and the defense of the
underlyiIig action, as well. as indemnification for and settlements, verdicts ot ju4giIieiits in the underlying action brought against Main Street by Lori Ann
,Pal~;.
C.
Awarding actual damages and interest;
D.'
.Compensatory Da.mages;
.
9
Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 11 of 53 PageID: 14
E.
Treble Damages where appropriate; Punitive Damages; Awarding costs, and disbursements for this action; Attorneys' fees and Costs; and Any and all such other, further and different relief which this Court finds just and pr~per under the circumstances including discovery which plaintiffs earnestly seek.
F.
G.
H. 1.
AS AND FOR A SEVENTH COUNT OF COMNION LAW FRAUD
37.
Plaintiffs hereby repeats, reiterates and re-alleges each and everyone of the
foregoing allegations contained in paragraphs 1 through 36 as if set forth verbatim herein.
38.
Using fraudulent andlor material misrepresentation and nondisclosure, Defendants
~.
induced the Plaintiff to enter into a contract of insurance for errors and omissions on a claims . .., made basis which it knew would be handled in such a way as to deny coverage as a final result. 39: Defendants, "then- predecessors andlor assignors acted at all times relevant "knowingly", with, . ' fraudulent mtent, andlor knowingly obtaincXl the fCuits ofth~ bud
,46~.'.
The miSrepre~eritations mRde 'by Defendants, th~ir predecessors andlor assignors
.substantially contributed to 'Defendants' decision to enter into the insurance contract
. .
~
.
41.
p·1aiJitiffs justifiably relied upon these misrepresentations.
42. i?iaintiffs' sUffered damages as a result of the fraud. WHEREFORE, Plaintiffs seek a judgment with co~ against Defendants as follows:
••• "I
A."
Declaring that ACE' owes Main Street a defenSe
mthe underlying case as '
it is in 'breach of contract and ordering the Defendants to specifically provide a
10
Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 12 of 53 PageID: 15
defense to Main Street under the term of the insurance contract that ACE entered into; B. Awarding costs, and disbursements for this action and the defense of the
underlying action, as well as indemnification for and settlements, verdicts or judgments in the underlying action brought against Main Street by Lori ·Ann Palumbo; C. D. E. F. G. H.
I.
Awarding actual damages and interest; Compensatory Damages; Treble Damages where appropriate; Punitive Damages; Awarding costs, and disbursements for this action; Attorneys' fees and Costs; and Anya!ld all such other, further and .different relief which this Court finds just and proper under the circumstances including discovery which plaintiffs earnestly seek.
...
'
. AS.AND .FOR AN EIGHTH COUNT OF CONsUMER FRAUD'
. ,.
'43~
·PIaintifI$ hereby tepeats, reiteiates and re-alleges each and every one of the 1 through 42 as if set forth verb~tim
foregoing allegations oontained in paragraphs herein.
44.:
Defendants,. their .. p~edecessor" . ' assignor eng~ge4 . unconscionable commercial and/or . . . . in . .,'" . . ." . .. practices, . deceptio'n, fraud,· mIse . p~tense, mIse promise· and/or misrepresentations, or
.
~
~ ..
alternatively, or in addition, engaged in acts of omission, including "ut not 'limited to knowing
11
Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 13 of 53 PageID: 16
concealment, suppression and omissions of maferial facts in connection with the claims handling of the insurance contract.
45.
Main Street relied upon promises made by ACE that in exchange for premiums paid ACE
would honor its obligations as an insurance company and both defend and indemnify Plaintiff should it be sued for covered events on a claims made basis. 46. Defendants, and their predecessor andlor assignor intended for Plaintiff to rely on the aforementioned acts including the unconscionable commercial practices, deception, fraud, false pretense, false promise and misrepresentation, and Defendants did rely on the same.
47. The foregoing acts by Defendants, its predecessor and/ot assignor constitute violations of
New Jersey's Consumer Fraud Act, N.J.S.A. 56:88-2, et seq. as a result of which Plaintiffs suffered ascertainable loss.
WHEREFORE, Plaintiffs seek
follows:
A
a
judgment with, costs against Defendants 8:S
Declaring that ACE owes Main Street a defense in the underlying case as
.it is in breach of con~t and ordering the Defendants to Specifically provide ~ defeils'e to Main Street under the term of the insurance contract that ACE entered'
'info',
B. Awarding costs, 'and disbursements for ~ action and, the defense of tile
underlying' action, as well as indemnification for and settlements, veidicts or judgments in the underlying action brought against Main Street by Lori Ann Palumbo; C. Awarding actual damages and interest; " Compensatory Damages;
D.
12
Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 14 of 53 PageID: 17
E. F. G. H. I.
Treble Damages where appropriate; Punitive Damages; Awarding costs, and disbursements for this action; Attorneys' fees and Costs; and Any and all such other, further and different relief which this Court finds just and proper under the 'circumstances including discovery which plaintiffs earnestly seek.
AS AND FOR A NINTH COUNT OF COMMON LAW UNCONSCIONABILITY
48.
Plaintiffs hereby repeats, reiterates and re ..alleges each and every one of the 1 through 47 as if set forth verbatim
foregoing allegations contained in paragraphs herein. 49.
Plaintiff, its predecessor and/or assignor engaged in unconscionable commercial
practices, ,deception, fraud, mIse pretense, mIse promise and/or misrepresentations, or' ,: , alt~tively, or in addition, engaged in acts of omission, including but not l~ed to knowing , '" ': eo11c.ent; suppression ~d omissions of material filets.
.
: ;
..:
,SO.'
Piaintift; its 'predecessor and/or assignor intended for Defendants to rely on the'
':, afdi'ementloned acts aitdlot' omissions including the unconscionable commercial ~tic~s, ' deception, fraud, faIse pretense, false promise and misrepresentation, and Defendailts did rely ~n '
the same.
51. The foregoing acts by Plaintiff, its predecessor and/or assignor constitute unconstionable
,"
wm;!REFORE, Plaintiffs seek a judgment with costs against Defendants as f911ows:
13
Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 15 of 53 PageID: 18
A.
Declaring that ACE owes Main Street a defense in the underlying case as
it is in breach of contract and ordering the Defendants to specifically provide a defense to Main Street under the tenn of the insurance contract that ACE entered into; B. Awarding costs, and disbursements for this action and the defense of the
underlying action, as well as indemnification for and settlements, verdicts or judgments in the underlying action brought against Main Street by Lori Ann Palumbo; C. D. Awarding actual damages and interest; Compensatory Damages; Treble Damages where appropriate; Punitive Damages; Awarding costs, . .and disb11I'S.~ments for this acti~n; . Attorneys' fees and Costs; and Any and all such other, further and different relief which this 'Court finds just and proper under the circumstances including discovery which plaintiffs earnestly seek.
E.
F.
G.
H. I.
·AS ANn'ROR A
mNm coUNT FOR BREACH OF COVENANT' OF GoOD FAITH
AND FAIR DEALING, i.e. BAD FAITH
52.
. Piaintiff hereby repeats, reiterates and re-alleges each and every one of the
1 through 51 as if set forth verbatim
..... "
foregoing allegations contained in paragraphs herein. 53.
Defendants ~ a duty as a fiduciary and as an insurance Company to abide by the
terms of the insurance contract and defend and indenmify Main Street within the
14
Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 16 of 53 PageID: 19
boundaries of the policy. Accordingly, when said Defendants elected to disclaIm their coverage of Main Street and withdraw their defense on the eve of trial based upon a shallow analysis of whether Main Street had pre-existing knowledge of a claim, they acted in contravention of the covenant of good faith and fair dealing, and in fact acted in bad faith. 54. Main Street was damaged thereby, and was placed in jeopardy of having to
fmance any potential verdict, judgment or settlement out of its own coffers. 55. Although this arises out of a breach of contract, punitive damages are appropriate
as the caSe involves a fiduciary relationship. ACE's use of the policy exclusion based upon pre-existing knowledge to exclude coverage at the eleventh hour was patently improper as there was no bona fide evidence that Main Street was aware of any claim. 'Accordingly, punitive damages ,should apply.
, WHEREFORE, P18intiffs seek a judgment with costs against Defendants as follows:
A.
Declaring that ACE owes Main Street a defense in the underlying case as
it is in breach of, contract and ot:dering the Defendants to specifically 'provide a defenSe to. ~aiti Street under the teni1 of the insurance contract thai ACE entered into; B. Awarding costs, and disbursements for this action and the defense of the
underlYing action, as well as indemnification for and settlements, verdicts or
judgme~ts
in the underlying action br,ought against Main' Street by Lori Ann
..Palumbo;
C.' Awarding actu&.l damages 8.n4.inter~st;.
D. .' COmpensatory Damages;
15
Case 2:10-cv-06410-JLL -CCC Document 1-1
Filed 12/10/10 Page 17 of 53 PageID: 20
E. F. O. H.
I.
Treble Damages where appropriate; Punitive Damages; Awarding costs, and disbursements for this action; Attorneys' fees and Costs; and Any and all such other, further and different relief which this Court finds just and proper under the circumstances including discovery which plain~iffs earnestly seek.
56.
The foregoing counts, causes
0
f action and allegations, as stated above, are hereby
regar~less
repeated, reiterated, re-alleged and incorporated into each other, as if set forth verbatim therein, so as to specifically augment factually each and every cause of action, of placement
within this verified complaint. Punitive damages are hereby expressly claimed as to the outrageous behavior of Defendants.
JURY DEMAND
Plaintiffs demand trial by jury,as to aU issues herein so triable.
:,
t
.,.6
TRIAL COUNSEL DESIGNATION
* •••
Pleas"e ~ advised that ~w:suant to R. 4:5 .. 1, Robert G. RiCco, Esq., is hereby designated
as Trial Counsel in the above matter. "
R..; 4:5-1(b)(21 CERTIFICATION OF ATTORNEY,
Pursuant to R. 4:5-1(b)(2), I hereby certify that to the best of my
......
,
. knowledge, informatiQ~ and belie( the' within matter, is not the subj~t of. any .' ' ,
..
~....

" . .
~.O'
."
.. •
..
..
. . . '
......
.
, ",
,
;
other action or proceeding pe:nding" in any court, and is not the subject of a
16
Case 2:10-cv-06410-JLL -CCC Document 1-1
• f\ •
Filed 12/10/10 Page 18 of 53 PageID: 21
pending arbitration proceeding and is not the subject of any other contemplated action or arbitration proceeding. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
DATED:r:;) .
'Ut:Jf
rI. . L-{, ZItI/v
LAW OFFICES OF ROBERT G. RICCO, ESQ. Attorneys for Plaintiff
Robert G. Ricco, Esq.
17
Case 2:10-cv-06410-JLL -CCC Document 1-1
,. ". til
Filed 12/10/10 Page 19 of 53 PageID: 22
Certification'ofCompliance with Rule
1:38~7(c)
Pursuant to Rule 1:38- (c) I hereby certify that this, the first filed pleading of any party in an action in the Chancery Division, General Equity or in the Law Division, Special Civil Part is redacted as to personal identifiers, and further certify that confidential personal identifiers-have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).
of
LAW OFFICES OF ROBERT G. RICCO, ESQ. Attorneys for Plaintiff
~ , .. '2. '} "L.r_'''----'---::::-c:::::~------
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...
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Case 2:10-cv-06410-JLL -CCC Document 1-1
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Filed 12/10/10 Page 20 of 53 PageID: 23
VERIFICATION , of full age, being duly sworn on his oath according to law, deposes and says: 1) I have read the complaint in this matter and know the contents thereof. The
allegations of the complaint are true to my personal knowledge.
2)
I certify that the allegations contained in the complaint are true to the best of my
are willfully false, I am SUbje;1)1:~:ment.
By:
--~~------------------
Date:
Witnessed By:
--==---'-':'-~------:r2~
2-
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