Preview
BER-L-004906-21 07/23/2021 11:43:58 AM Pg 1 of 16 Trans ID: LCV20211728647
RUSSELL P. TROCANO AND ASSOCIATES
60 South Maple Avenue
Ridgewood, New Jersey 07450-3807
Attorney ID #: 022371987
(201) 445-0777
(201) 445-0669 Telefax
Attorney (s) for Plaintiff
BARBARA TROCANO, Edcost I,
LLC. SUPERIOR COURT OF NEW JERSEY
Chancery Division General
Plaintiffs, Equity Part Bergan County
vs. DOCKET NO.:
GLEN STEVENS, CAROLINA Civil Action
STEVENS, MICHAEL POOLE, STEVEN
POOLE, CENTURY 21 SOLID VERIFIED COMPLAINT AND JURY
REALITY COMPANY, CTA TITLE DEMAND
SERVICE LLC INC., John Doe I,
rr (fictitious name), XYZ
Corporation I, It (fictitious
name)
Defendants.
Plaintiffs, Barbara Trocano, individually and on
behalf of Edcost I LLC (Herein after “plaintiff”)
residing at 640 Wishing Well Road, Wyckoff, State of New
Jersey, complains of the Defendants: GLEN STEVENS,
CAROLINA STEVENS, MICHAEL POOLE, CENTURY 21 SOLID REALITY
COMPANY, STEVEN POOL, CTA TITLE SERVICE LLC INC, through
her undersigned attorneys, the Law Offices of Russell P. Trocano,
and alleges the following:
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Nature of the Action
1 This is an equitable and legal action brought against
the above-named defendants, for unjust enrichment and
consumer fraud in connection with a real estate transaction.
By omitting key information necessary for performance of the
contract that the buyer did not assume, the Defendants stand
to gain hundreds of thousands of dollars unjustly to the
detriment of the Plaintiff.
The Parties
2 The Plaintiff is a resident of New Jersey living at 640
Wishing Well Road, Wyckoff, New Jersey 07481. She -was
solicited by the realtor and Defendant Michael Poole to sell
her property, through his company, Defendant Century 21 Solid
Reality Corp.
3 Edcost, I LLC, is a NJ corporation owned and managed by
Barbara Trocano. Its principal place of business is located
at 640 Wishing Well Road, Wyckoff, New Jersey 07481. Edcost
LLC is the previous title holder of the above property
through which the Plaintiff Barbara Trocano acted through.
4 Defendant Michael Poole was the realtor who represented
both the Defendant and the Plaintiff in closing the property.
The Defendant's business address is 721 Brick Boulevard,
Brick, New Jersey 08723. The Defendant solicited to buy the
plaintiff's vacant property at the Plaintiff's address.
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Subsequently, the Defendant pushed the Plaintiff to open an
escrow account and sign the agreement which is at the heart
of this dispute.
5. Century 21 Solid Reality Corp is a NJ corporation with
its principal place of ousiness located at 721 Brick
Boulevard, Brick, New Jersey 08723. Defendant Century 21
Solid Reality is the Corporation that Realtor Michael Poole
acted through, and at all times exercised dominion and
control over.
6. Defendant Steven Poole is the owner of CTE Title
Account,. the Defendant. corporation which exercises .control
and dominion of the escrow amount.
7 LLC is a New Jersey Corporation owned
CTE Title Service
by Defendant Steven Poole. its principal place of business is
also located at 721 Brick Boulevard, Brick, New Jersey 08723.
8 Glen and Caroline Stevens are the buyers through which
the above-named defendants are acting agents on behalf. The
Defendant buyers reside together at 57 Lamerson Road,
Chester, NJ 07930.
9 Defendant, John Doe (fictitious name) is the owner
and/or party responsible for the Plaintiff’s damages.
10. Defendant, XYZ Corporation I (fictitious name) is the
owner and/or party responsiole for the Plaintiff’s damages.
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11. Defendant, John Doe II (fictitious name) is the owner
and/or party responsible for the Plaintiff's damages.
Defendant, XYZ Corporation tl (fictitious name) is the owner
and/or party responsible for the Plaintiff's damages.
Count I Unjust Enrichment
12. On July of 2020, Plaintiff, Barbara Trocano entered
a contract,
attached hereto as (Exhibit A), for the sale of a property
located at 280 Dutchman’s Point with Glenn and Caroline
Stevens (buyers)
12. The property required clearance of the tidelands and
riparian rights before buyer receives title. On September of
2020, the realtor and Defendant Steven Poole induced the
plaintiff to open an escrow account (Exhibit B) with a
balance of $550, 0000 that provided that the tideland and
riparian rights were to be cleared within a year. The Escrow
company responsible for custody of the funds is the Defendant
CTA Title Service LLC, a New Jersey Corporation owned by the
Realtor’s brother, Defendant Steven Poole.
13. The $550,000 was to be released to the Plaintiff pending
of the tidelands and riparian rights which was to
clearance
by September 2021, otherwise to be forfeited by the
occur
Plaintiff.
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14. The Defendants were aware of the impossibility of
clearing the tidelands by September 2021 under normal
circumstances, much less under the Pandemic.
15. It became clear that clearance of the tideland and
riparian rights were objectively impossible to conduct in a
year. The Defendant Realtor Steven Poole did not advise the
Plaintiff about this material fact and have rebuffed multiple
efforts by the Plaintiff for an extension.
16. The plaintiff made repeated efforts to get an extension
from the Defendants to prevent the release of the escrow
amount, including through her. attorney Chris. Lamonica while
property’s riparian rights and clearance are still being
worked on.
17. The Plaintiff's attorney Chris Lamonica has been in
charge of clearing the riparian rights and has not been able
to do so in allotted time.
18. As the deadline is approaching rapidly, the Defendants
seek to seize on the September 2021 deadline. On July 7,
2021, the Defendant buyers, ent a letter through their
attorney demanding $300,000 for a six-month extension.
(Attached as Exhibit C)
19. The Defendants seek to unjustly enrich themselves either
by demanding money for an extension or retaining the money in
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the escrow account all together to the detriment of the
plaintiff.
20. Plaintiff repeats the allegations of all previous
paragraphs of this Complaint in their entirety and
incorporate same herein by reference as though fully set
forth.
21. Defendant realtor, Michael POOL, individually and
through Century 21 Solid Reality solicited the plaintiff to
ell the property at 280 Dutchman’s Point Road.
22. The Defendant sought to represent both the Plaintiff and
Seller of . the property and accepted. the fee for. the
representation. The Plaintiff therefore had a fiduciary
obligation to act in the Plaintiff’s best interests.
23. Defendant and realtor Michael Poole knew or should have
known about the length of time required for clearance of the
tideland and riparian rights.
24, The Defendant Michael Poole failed to advise the
Plaintiff about the impossibility of clearing the title by
the time specified in the contract to the detriment of the
Plaintiff and to the benefit of the Defendants Glen &
Caroline Stevens.
25. The Defendant accepted the fees from the Plaintiff
without adequately or diligently representing the Plaintiff,
thereby unjustly enriching himself.
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26. Plaintiff repeats the allegations of all previous
paragraph of this Complaint in their entirety and incorporate
same herein by reference as though fully set forth.
27. Defendant Steven Poole, acting through CTA Title Service
LLC, became responsible for holding the escrow amount pending
clearance and repair rights of the above property.
28. The Defendant accepted fees from the title insurance for
holding the escrow amount. The Defendant had a fiduciary
obligation to the parties of the contract.
29. The Defendant is under a duty to reasonably ascertain
the terms of the agreements and knew or should have
reasonably known that it was impossible for the title of the
tidelands to be cleared by the specified deadline.
30. The Defendant plans to release the escrow amount despite
the impossibility of complying with the September 2021
deadline and contrary to the fiduciary duties owed to the
Plaintiff.
31. As a result of Defendant’s planned release of the Escrow
amount Plaintiff is at risk of unjustly losing hundreds of
thousands of dollars.
WHEREFORE, plaintiff demands judgment against defendants Glen
and Caroline Stevens, Michael POOL, Century 21 Solid Reality
Corp., Steven Poole, CTA TITLE SERVICE LLC, jointly, severally
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and/or in the alternative, for specific performance granting an
extension to clear the tidelands and riparian rights and damages
as may be permitted pursuant to the laws of the State of New
Jersey, together with interest thereon, costs of suit, attorney’s
fees and such other relief as this Court shall deem equitable and
just.
SECOND COUNT Consumer Fraud
32. Plaintiffs repeat the allegations of all previous
paragraphs of this Complaint in their entirety and
incorporate same herein by reference as though fully set
forth.
33. The Defendant buyers solicited the Plaintiff, an elderly
widow, to sell the above-named property through their realtor
Michael Poole.
34. The defendants were successful in inducing the Plaintiff
to sell her home.
35. The Defendants omitted a material information pertinent
in the escrow agreement that was not expressly or impliedly
assumed by the Plaintiff.
36. The Defendant realtor, Michael Poole, used his brother’s
escrow company to retain the $550, 000 in escrow amount
pending the impossible deadline that was a front for unjustly
enriching themselves.
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St The Plaintiff has made multiple efforts through her
attorneys Chris Lamonica, and Russell Trocano to obtain more
time to clear the tidelands and riparian rights, but
Defendants continuously ignored repeated requests
38 Rather than correct for the unassumed risk the Buyer
and Defendant sent a letter through their agent (attached)
demanding $300,000 for a period of six months
39 As a result of the Defendant’s conduct the Plaintiff is
in serious risk of losing the escrowed amount worth hundreds
of thousands of dollars
WHEREFORE plaintiff demands judgment against GLEN STEVENS
CAROLINA STEVENS MICHAEL POOLE STEVEN POOLE CENTURY 21
SOLID REALITY COMPANY STEVEN POOL CTA TITLE SERVICE LLC
INC jointly, severally and/or in the alternative, for
treble damages as may be permitted pursuant to the laws of
the State of New Jersey, together with interest thereon,
costs of suit attorney’s fees and such other relief as this
Court shall deem equitable end just.
Law Offices of Russell P. Trocano
and Associates
Dated: JULY 19 2021
AMD fyht
Esq.
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JURY DEMAND
Plaintiff hereby demands @ trial by jury on all issues
contained herein.
Law Offices of Russell P. Trocano
and Associates
Attorneys for Plaintiff
Dated: JULY 19, 2021 Lb MIT)
YRussell P. Trocano, Esq.
DESIGNATION OF TRIAL COUNSEL
Pursuant to Rule 4:25-4, Russell P. Trocano, Esq., is hereby
designated as trial counsel for Plaintiff.
Law Offices of Russell P. Trocano
and Associates
Attorneys for Plaintiff
/}
Dated: July 19, 2021
7 "Russéll
yy
P.”Trocano, Esq.
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CERTIFICATION OF COMPLIANCE WITH RULE 1:38-7(c)
I 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(c.)
Law Offices of
Russell P. Trocano
and Associates
Attorneys for Plaintiff
Russell P. Trocano, Esq.
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RULE 4:5-1 CERTIFICATION
I certify that the matter in controversy is not the subject
matter of any other action pending in any Court or a pending
arbitration proceeding, and that no such action or arbitration
willfully false, I am subject to punishment
Law Offices of Russell P. Trocano
and Associates
laintiffs
AV] P. Trocaho, Esq.
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RUSSELL P. TROCANO AND ASSOCIATES
60 South Maple Avenue
Ridgewood, New Jersey 07450-3807
Attorney ID #: 022371987
(201) 445-0777
(201) 445-0669 Telefax
Attorney
(s) for Plaintiff
BARBARA TROCANO, Edcost I,
LLC. SUPERIOR COURT OF NEW JERSEY
Chancery Division General
Plaintiffs, Equity Part Bergan County
vs. DOCKET NO.:
GLEN STEVENS, CAROLINA Civil Action
STEVENS, MICHAEL POOLE, STEVEN
POOLE, CENTURY 21 SOLID AFFIDIVAT OF PLAINTIFF, BARBARA
REALITY COMPANY, CTA TITLE TROCANO
SERVICE LLC INC., John Doe I,
If (fictitious name), XYZ
Corporation I, II (fictitious
name)
Defendants.
Plaintiff, Barbara Trocano, of full age, certifies the following:
1. I am 83 years old and the Plaintiff in the above matter.
I am the seller and the past owner of the property
located at 280 Dutchman’s Point Road, Mantoloking Nd,
07481. I have reviewed che allegations contained in
the Verified Complaint and state that they are true to
the best of my personal knowledge.
and still reside at 640 Wishing Well Road in
I was
Road New Jersey, where the above Defendant and
Wyckoff
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Realtor, Michael Poole repeatedly solicited me to sell
the above property.
3. I was initially reluctant, but after repeated
reassurances from Defendant Michael Poole, I agreed to
sell my property and have him represent me on the sale.
At the closing Defendant Michael Poole informed me about
issues with tideland and riparian rights that still
needed to be completed. The Defendant informed me that I
needed to open an escrow account and that 550,000 of the
purchasing costs would be placed as collateral for a
fixed time while I cleared the title.
I was reassured from the Realtor that I would receive a
sufficient amount of time to clear the tideland and amend
riparian rights and that the money would be returned to
me within the year deadline.
I accepted the year deadline offered by the agreement
and an escrow account was opened with Defendant CTE Title
Company, a New Jersey Corporation owned by Michael
Poole’s brother, Defendant Steven Poole.
It became clear that a year was an insufficient amount of
time to clear the tidelands and riparian rights from the
ontset. Upon information and belief, I learned that
clearing the tideland and riparian rights takes three
years and possibly more time under the COVID Pandemic.
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8 Despite initial conversations that I would get an
extension as the work progressed, it became clear that I
would not get the extension as the deadline approached.
As an elderly woman, I have exhausted my efforts
reaching out to the Defendants Michael Poole, his brother
and Defendant Steven Poole the Defendant Buyers, Glen &
Caroline Stevens, through their agents.
10. I went as far as to hire an experienced attorney, who
works hours from where I live. My attorney did his best
but was unsuccessful in mediating a resolution that
adequately addressed the impossible task of clearing the
title within a year.
11 As the year deadline approaches, the process has been
anything but transparent. I was pushed into selling the
property only to be surprised that I would also have to
open an escrow account. After being fully invested in the
process, my concerns since the closing fell on deaf ears.
12 Seizing on the opportunity, the Defendant Buyers
demanded that I pay $300,000 for six months.
13 I now stand to lose hundreds of thousands of dollars
for something that was objectively impossible to achieve
at the onset.
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14. I have been in constant anguish over what transpired
and believed that the Defendant realtor represented my
bests interests.
15. I pray that this Court sees right through this hasty
process for what it is and grants me the relief I need.
I certify that the above statements made by me are true and that
if any of the statements are willfully false, I am subject to
punishment.
Date: July 13, 2021
Barbara Trocano, Plaintiff.
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RUSSELL P. TROCANO AND ASSOCIATES
60 South Maple Avenue
Ridgewood, New Jersey 07450-3807
Attorney ID #: 022371987
(201) 445-0777
(201) 445-0669 Telefax
Attorney (s) for Plaintiff
BARBARA TROCANO, Edcost I,
LLC. SUPERIOR COURT OF NEW JERSEY
Chancery Division General
Plaintiff, Equity Part Bergan County
DOCKET NO.:
vs.
Civil Action
GLEN STEVENS, CAROLINA
STEVENS, MICHAEL POOLE, STEVEN ORDER TO SHOW CAUSE FOR
POOLE, CENTURY 21 SOLID PRELIMINARY INJUNCTION WITH
REALITY COMPANY, CTA TITLE TEMPORARY RESTRAINTS PURSUANT TO
SERVICE LLC INC., John Doe I, RULE 4:52
II (fictitious name), XYZ
Corporation I, II (fictitious
name)
Defendants.
THIS MATTER being brought before the court by the Law
Offices of Russell P. Trocano & Associates, 60 South Maple
Avenue, Ridgewood, NJ 07450, attorney for plaintiff, Barbara
Trocano seeking relief by way of temporary restraints pursuant
to R. 4:52, based upon the facts set forth in the complaint
filed herewith, and it is appearing that the Defendants Glen
Stevens, Carolina Stevens, Michael Poole, Century 21 Company,
Steven Pool, CTA Title Company Inc, have notice of this
application and for good cause shown.
(1]
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It is on this day of July 2021 ORDERED that defendants,
Glen Stevens; Carolina Stevens; Michael Poole, Century 21
Company, Steven Pool; CTA Title Company Inc, appear and show
cause before the Superior Court at the Bergan County Courthouse
in New Jersey at o’clock in the forenoon or as soon
thereafter as counsel can be heard, on the day of July,
2021 why an order should not be issued preliminarily enjoining
and restraining Defendant: Glen Stevens, Carolina Stevens;
Michael Poole, Century 21 Company, Steven Pool, CTA Title
Company Inc, from
A. Preventing the Defendants from releasing funds pursuant
to the September 2021 deadline
Granting a two-year extension in order to clear the
Tideland and Riparian rights for the Dutchman’s Point
Road property.
B. Granting such other relief as the court deems equitable
and just.
And it is further ORDERED that pending the return date
herein, the defendants are temporarily enjoined and
restrained from:
[2]
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A. Releasing any of the Escrow amount to the buyer to the
September 2021 Deadline.
And it is further ORDERED that:
1 A copy of this order to show cause, complaint, legal
memorandum and any supporting affidavits or certifications
submitted in support of this application must be served
upon the defendants personally, by U.S. mail by registered
or certified mail, return receipt requested and
simultaneously by ordinary mail within days of the
date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this
being original process.
2 The plaintiff must file with the court his proof of
service of the pleadings on the defendants no later than
three (3) days before the return date.
3 Defendants shall file and serve a written response to
this order to show cause and the request for entry of
injunctive relief and proof of service by July , 2021.
The original documents must be filed with the Clerk of the
Superior Court in the county listed above. A directory of
these offices is available in the Civil Division Management
Office in the county listed above and online at
http://www.njcourts.gov/forms/10153_deptyclerklawref.pdf.
You must send a copy of your opposition papers directly to
[3]
BER-L-004906-21 07/23/2021 11:43:58 AM Pg 4 of 6 Trans ID: LCV20211728647
Judge , whose address is
, New Jersey. You must also
send a copy of your opposition papers to the plaintiff’s
attorney whose name and address appears above. A telephone
all will not protect your rights; you must file your
opposition and pay the required fee of $ and serve
your opposition on your adversary, if you want the
Preview
BER-L-004906-21 07/23/2021 11:43:58 AM Pg 1 of 16 Trans ID: LCV20211728647 RUSSELL P. TROCANO AND ASSOCIATES 60 South Maple Avenue Ridgewood, New Jersey 07450-3807 Attorney ID #: 022371987 (201) 445-0777 (201) 445-0669 Telefax Attorney (s) for Plaintiff BARBARA TROCANO, Edcost I, LLC. SUPERIOR COURT OF NEW JERSEY Chancery Division General Plaintiffs, Equity Part Bergan County vs. DOCKET NO.: GLEN STEVENS, CAROLINA Civil Action STEVENS, MICHAEL POOLE, STEVEN POOLE, CENTURY 21 SOLID VERIFIED COMPLAINT AND JURY REALITY COMPANY, CTA TITLE DEMAND SERVICE LLC INC., John Doe I, rr (fictitious name), XYZ Corporation I, It (fictitious name) Defendants. Plaintiffs, Barbara Trocano, individually and on behalf of Edcost I LLC (Herein after “plaintiff”) residing at 640 Wishing Well Road, Wyckoff, State of New Jersey, complains of the Defendants: GLEN STEVENS, CAROLINA STEVENS, MICHAEL POOLE, CENTURY 21 SOLID REALITY COMPANY, STEVEN POOL, CTA TITLE SERVICE LLC INC, through her undersigned attorneys, the Law Offices of Russell P. Trocano, and alleges the following: BER-L-004906-21 07/23/2021 11:43:58 AM Pg 2 of 16 Trans ID: LCV20211728647 Nature of the Action 1 This is an equitable and legal action brought against the above-named defendants, for unjust enrichment and consumer fraud in connection with a real estate transaction. By omitting key information necessary for performance of the contract that the buyer did not assume, the Defendants stand to gain hundreds of thousands of dollars unjustly to the detriment of the Plaintiff. The Parties 2 The Plaintiff is a resident of New Jersey living at 640 Wishing Well Road, Wyckoff, New Jersey 07481. She -was solicited by the realtor and Defendant Michael Poole to sell her property, through his company, Defendant Century 21 Solid Reality Corp. 3 Edcost, I LLC, is a NJ corporation owned and managed by Barbara Trocano. Its principal place of business is located at 640 Wishing Well Road, Wyckoff, New Jersey 07481. Edcost LLC is the previous title holder of the above property through which the Plaintiff Barbara Trocano acted through. 4 Defendant Michael Poole was the realtor who represented both the Defendant and the Plaintiff in closing the property. The Defendant's business address is 721 Brick Boulevard, Brick, New Jersey 08723. The Defendant solicited to buy the plaintiff's vacant property at the Plaintiff's address. BER-L-004906-21 07/23/2021 11:43:58 AM Pg 3 of 16 Trans ID: LCV20211728647 Subsequently, the Defendant pushed the Plaintiff to open an escrow account and sign the agreement which is at the heart of this dispute. 5. Century 21 Solid Reality Corp is a NJ corporation with its principal place of ousiness located at 721 Brick Boulevard, Brick, New Jersey 08723. Defendant Century 21 Solid Reality is the Corporation that Realtor Michael Poole acted through, and at all times exercised dominion and control over. 6. Defendant Steven Poole is the owner of CTE Title Account,. the Defendant. corporation which exercises .control and dominion of the escrow amount. 7 LLC is a New Jersey Corporation owned CTE Title Service by Defendant Steven Poole. its principal place of business is also located at 721 Brick Boulevard, Brick, New Jersey 08723. 8 Glen and Caroline Stevens are the buyers through which the above-named defendants are acting agents on behalf. The Defendant buyers reside together at 57 Lamerson Road, Chester, NJ 07930. 9 Defendant, John Doe (fictitious name) is the owner and/or party responsible for the Plaintiff’s damages. 10. Defendant, XYZ Corporation I (fictitious name) is the owner and/or party responsiole for the Plaintiff’s damages. BER-L-004906-21 07/23/2021 11:43:58 AM Pg 4 of 16 Trans ID: LCV20211728647 11. Defendant, John Doe II (fictitious name) is the owner and/or party responsible for the Plaintiff's damages. Defendant, XYZ Corporation tl (fictitious name) is the owner and/or party responsible for the Plaintiff's damages. Count I Unjust Enrichment 12. On July of 2020, Plaintiff, Barbara Trocano entered a contract, attached hereto as (Exhibit A), for the sale of a property located at 280 Dutchman’s Point with Glenn and Caroline Stevens (buyers) 12. The property required clearance of the tidelands and riparian rights before buyer receives title. On September of 2020, the realtor and Defendant Steven Poole induced the plaintiff to open an escrow account (Exhibit B) with a balance of $550, 0000 that provided that the tideland and riparian rights were to be cleared within a year. The Escrow company responsible for custody of the funds is the Defendant CTA Title Service LLC, a New Jersey Corporation owned by the Realtor’s brother, Defendant Steven Poole. 13. The $550,000 was to be released to the Plaintiff pending of the tidelands and riparian rights which was to clearance by September 2021, otherwise to be forfeited by the occur Plaintiff. BER-L-004906-21 07/23/2021 11:43:58 AM Pg 5 of 16 Trans ID: LCV20211728647 14. The Defendants were aware of the impossibility of clearing the tidelands by September 2021 under normal circumstances, much less under the Pandemic. 15. It became clear that clearance of the tideland and riparian rights were objectively impossible to conduct in a year. The Defendant Realtor Steven Poole did not advise the Plaintiff about this material fact and have rebuffed multiple efforts by the Plaintiff for an extension. 16. The plaintiff made repeated efforts to get an extension from the Defendants to prevent the release of the escrow amount, including through her. attorney Chris. Lamonica while property’s riparian rights and clearance are still being worked on. 17. The Plaintiff's attorney Chris Lamonica has been in charge of clearing the riparian rights and has not been able to do so in allotted time. 18. As the deadline is approaching rapidly, the Defendants seek to seize on the September 2021 deadline. On July 7, 2021, the Defendant buyers, ent a letter through their attorney demanding $300,000 for a six-month extension. (Attached as Exhibit C) 19. The Defendants seek to unjustly enrich themselves either by demanding money for an extension or retaining the money in BER-L-004906-21 07/23/2021 11:43:58 AM Pg 6 of 16 Trans ID: LCV20211728647 the escrow account all together to the detriment of the plaintiff. 20. Plaintiff repeats the allegations of all previous paragraphs of this Complaint in their entirety and incorporate same herein by reference as though fully set forth. 21. Defendant realtor, Michael POOL, individually and through Century 21 Solid Reality solicited the plaintiff to ell the property at 280 Dutchman’s Point Road. 22. The Defendant sought to represent both the Plaintiff and Seller of . the property and accepted. the fee for. the representation. The Plaintiff therefore had a fiduciary obligation to act in the Plaintiff’s best interests. 23. Defendant and realtor Michael Poole knew or should have known about the length of time required for clearance of the tideland and riparian rights. 24, The Defendant Michael Poole failed to advise the Plaintiff about the impossibility of clearing the title by the time specified in the contract to the detriment of the Plaintiff and to the benefit of the Defendants Glen & Caroline Stevens. 25. The Defendant accepted the fees from the Plaintiff without adequately or diligently representing the Plaintiff, thereby unjustly enriching himself. BER-L-004906-21 07/23/2021 11:43:58 AM Pg 7 of 16 Trans ID: LCV20211728647 26. Plaintiff repeats the allegations of all previous paragraph of this Complaint in their entirety and incorporate same herein by reference as though fully set forth. 27. Defendant Steven Poole, acting through CTA Title Service LLC, became responsible for holding the escrow amount pending clearance and repair rights of the above property. 28. The Defendant accepted fees from the title insurance for holding the escrow amount. The Defendant had a fiduciary obligation to the parties of the contract. 29. The Defendant is under a duty to reasonably ascertain the terms of the agreements and knew or should have reasonably known that it was impossible for the title of the tidelands to be cleared by the specified deadline. 30. The Defendant plans to release the escrow amount despite the impossibility of complying with the September 2021 deadline and contrary to the fiduciary duties owed to the Plaintiff. 31. As a result of Defendant’s planned release of the Escrow amount Plaintiff is at risk of unjustly losing hundreds of thousands of dollars. WHEREFORE, plaintiff demands judgment against defendants Glen and Caroline Stevens, Michael POOL, Century 21 Solid Reality Corp., Steven Poole, CTA TITLE SERVICE LLC, jointly, severally BER-L-004906-21 07/23/2021 11:43:58 AM Pg 8 of 16 Trans ID: LCV20211728647 and/or in the alternative, for specific performance granting an extension to clear the tidelands and riparian rights and damages as may be permitted pursuant to the laws of the State of New Jersey, together with interest thereon, costs of suit, attorney’s fees and such other relief as this Court shall deem equitable and just. SECOND COUNT Consumer Fraud 32. Plaintiffs repeat the allegations of all previous paragraphs of this Complaint in their entirety and incorporate same herein by reference as though fully set forth. 33. The Defendant buyers solicited the Plaintiff, an elderly widow, to sell the above-named property through their realtor Michael Poole. 34. The defendants were successful in inducing the Plaintiff to sell her home. 35. The Defendants omitted a material information pertinent in the escrow agreement that was not expressly or impliedly assumed by the Plaintiff. 36. The Defendant realtor, Michael Poole, used his brother’s escrow company to retain the $550, 000 in escrow amount pending the impossible deadline that was a front for unjustly enriching themselves. BER-L-004906-21 07/23/2021 11:43:58 AM Pg 9 of 16 Trans ID: LCV20211728647 St The Plaintiff has made multiple efforts through her attorneys Chris Lamonica, and Russell Trocano to obtain more time to clear the tidelands and riparian rights, but Defendants continuously ignored repeated requests 38 Rather than correct for the unassumed risk the Buyer and Defendant sent a letter through their agent (attached) demanding $300,000 for a period of six months 39 As a result of the Defendant’s conduct the Plaintiff is in serious risk of losing the escrowed amount worth hundreds of thousands of dollars WHEREFORE plaintiff demands judgment against GLEN STEVENS CAROLINA STEVENS MICHAEL POOLE STEVEN POOLE CENTURY 21 SOLID REALITY COMPANY STEVEN POOL CTA TITLE SERVICE LLC INC jointly, severally and/or in the alternative, for treble damages as may be permitted pursuant to the laws of the State of New Jersey, together with interest thereon, costs of suit attorney’s fees and such other relief as this Court shall deem equitable end just. Law Offices of Russell P. Trocano and Associates Dated: JULY 19 2021 AMD fyht Esq. BER-L-004906-21 07/23/2021 11:43:58 AM Pg 10 of 16 Trans ID: LCV20211728647 JURY DEMAND Plaintiff hereby demands @ trial by jury on all issues contained herein. Law Offices of Russell P. Trocano and Associates Attorneys for Plaintiff Dated: JULY 19, 2021 Lb MIT) YRussell P. Trocano, Esq. DESIGNATION OF TRIAL COUNSEL Pursuant to Rule 4:25-4, Russell P. Trocano, Esq., is hereby designated as trial counsel for Plaintiff. Law Offices of Russell P. Trocano and Associates Attorneys for Plaintiff /} Dated: July 19, 2021 7 "Russéll yy P.”Trocano, Esq. BER-L-004906-21 07/23/2021 11:43:58 AM Pg 11 of 16 Trans ID: LCV20211728647 CERTIFICATION OF COMPLIANCE WITH RULE 1:38-7(c) I 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(c.) Law Offices of Russell P. Trocano and Associates Attorneys for Plaintiff Russell P. Trocano, Esq. BER-L-004906-21 07/23/2021 11:43:58 AM Pg 12 of 16 Trans ID: LCV20211728647 RULE 4:5-1 CERTIFICATION I certify that the matter in controversy is not the subject matter of any other action pending in any Court or a pending arbitration proceeding, and that no such action or arbitration willfully false, I am subject to punishment Law Offices of Russell P. Trocano and Associates laintiffs AV] P. Trocaho, Esq. BER-L-004906-21 07/23/2021 11:43:58 AM Pg 13 of 16 Trans ID: LCV20211728647 RUSSELL P. TROCANO AND ASSOCIATES 60 South Maple Avenue Ridgewood, New Jersey 07450-3807 Attorney ID #: 022371987 (201) 445-0777 (201) 445-0669 Telefax Attorney (s) for Plaintiff BARBARA TROCANO, Edcost I, LLC. SUPERIOR COURT OF NEW JERSEY Chancery Division General Plaintiffs, Equity Part Bergan County vs. DOCKET NO.: GLEN STEVENS, CAROLINA Civil Action STEVENS, MICHAEL POOLE, STEVEN POOLE, CENTURY 21 SOLID AFFIDIVAT OF PLAINTIFF, BARBARA REALITY COMPANY, CTA TITLE TROCANO SERVICE LLC INC., John Doe I, If (fictitious name), XYZ Corporation I, II (fictitious name) Defendants. Plaintiff, Barbara Trocano, of full age, certifies the following: 1. I am 83 years old and the Plaintiff in the above matter. I am the seller and the past owner of the property located at 280 Dutchman’s Point Road, Mantoloking Nd, 07481. I have reviewed che allegations contained in the Verified Complaint and state that they are true to the best of my personal knowledge. and still reside at 640 Wishing Well Road in I was Road New Jersey, where the above Defendant and Wyckoff BER-L-004906-21 07/23/2021 11:43:58 AM Pg 14 of 16 Trans ID: LCV20211728647 Realtor, Michael Poole repeatedly solicited me to sell the above property. 3. I was initially reluctant, but after repeated reassurances from Defendant Michael Poole, I agreed to sell my property and have him represent me on the sale. At the closing Defendant Michael Poole informed me about issues with tideland and riparian rights that still needed to be completed. The Defendant informed me that I needed to open an escrow account and that 550,000 of the purchasing costs would be placed as collateral for a fixed time while I cleared the title. I was reassured from the Realtor that I would receive a sufficient amount of time to clear the tideland and amend riparian rights and that the money would be returned to me within the year deadline. I accepted the year deadline offered by the agreement and an escrow account was opened with Defendant CTE Title Company, a New Jersey Corporation owned by Michael Poole’s brother, Defendant Steven Poole. It became clear that a year was an insufficient amount of time to clear the tidelands and riparian rights from the ontset. Upon information and belief, I learned that clearing the tideland and riparian rights takes three years and possibly more time under the COVID Pandemic. BER-L-004906-21 07/23/2021 11:43:58 AM Pg 15 of 16 Trans ID: LCV20211728647 8 Despite initial conversations that I would get an extension as the work progressed, it became clear that I would not get the extension as the deadline approached. As an elderly woman, I have exhausted my efforts reaching out to the Defendants Michael Poole, his brother and Defendant Steven Poole the Defendant Buyers, Glen & Caroline Stevens, through their agents. 10. I went as far as to hire an experienced attorney, who works hours from where I live. My attorney did his best but was unsuccessful in mediating a resolution that adequately addressed the impossible task of clearing the title within a year. 11 As the year deadline approaches, the process has been anything but transparent. I was pushed into selling the property only to be surprised that I would also have to open an escrow account. After being fully invested in the process, my concerns since the closing fell on deaf ears. 12 Seizing on the opportunity, the Defendant Buyers demanded that I pay $300,000 for six months. 13 I now stand to lose hundreds of thousands of dollars for something that was objectively impossible to achieve at the onset. BER-L-004906-21 07/23/2021 11:43:58 AM Pg 16 of 16 Trans ID: LCV20211728647 14. I have been in constant anguish over what transpired and believed that the Defendant realtor represented my bests interests. 15. I pray that this Court sees right through this hasty process for what it is and grants me the relief I need. I certify that the above statements made by me are true and that if any of the statements are willfully false, I am subject to punishment. Date: July 13, 2021 Barbara Trocano, Plaintiff. BER-L-004906-21 07/23/2021 11:43:58 AM Pg 1 of 6 Trans ID: LCV20211728647 RUSSELL P. TROCANO AND ASSOCIATES 60 South Maple Avenue Ridgewood, New Jersey 07450-3807 Attorney ID #: 022371987 (201) 445-0777 (201) 445-0669 Telefax Attorney (s) for Plaintiff BARBARA TROCANO, Edcost I, LLC. SUPERIOR COURT OF NEW JERSEY Chancery Division General Plaintiff, Equity Part Bergan County DOCKET NO.: vs. Civil Action GLEN STEVENS, CAROLINA STEVENS, MICHAEL POOLE, STEVEN ORDER TO SHOW CAUSE FOR POOLE, CENTURY 21 SOLID PRELIMINARY INJUNCTION WITH REALITY COMPANY, CTA TITLE TEMPORARY RESTRAINTS PURSUANT TO SERVICE LLC INC., John Doe I, RULE 4:52 II (fictitious name), XYZ Corporation I, II (fictitious name) Defendants. THIS MATTER being brought before the court by the Law Offices of Russell P. Trocano & Associates, 60 South Maple Avenue, Ridgewood, NJ 07450, attorney for plaintiff, Barbara Trocano seeking relief by way of temporary restraints pursuant to R. 4:52, based upon the facts set forth in the complaint filed herewith, and it is appearing that the Defendants Glen Stevens, Carolina Stevens, Michael Poole, Century 21 Company, Steven Pool, CTA Title Company Inc, have notice of this application and for good cause shown. (1] BER-L-004906-21 07/23/2021 11:43:58 AM Pg 2 of 6 Trans ID: LCV20211728647 It is on this day of July 2021 ORDERED that defendants, Glen Stevens; Carolina Stevens; Michael Poole, Century 21 Company, Steven Pool; CTA Title Company Inc, appear and show cause before the Superior Court at the Bergan County Courthouse in New Jersey at o’clock in the forenoon or as soon thereafter as counsel can be heard, on the day of July, 2021 why an order should not be issued preliminarily enjoining and restraining Defendant: Glen Stevens, Carolina Stevens; Michael Poole, Century 21 Company, Steven Pool, CTA Title Company Inc, from A. Preventing the Defendants from releasing funds pursuant to the September 2021 deadline Granting a two-year extension in order to clear the Tideland and Riparian rights for the Dutchman’s Point Road property. B. Granting such other relief as the court deems equitable and just. And it is further ORDERED that pending the return date herein, the defendants are temporarily enjoined and restrained from: [2] BER-L-004906-21 07/23/2021 11:43:58 AM Pg 3 of 6 Trans ID: LCV20211728647 A. Releasing any of the Escrow amount to the buyer to the September 2021 Deadline. And it is further ORDERED that: 1 A copy of this order to show cause, complaint, legal memorandum and any supporting affidavits or certifications submitted in support of this application must be served upon the defendants personally, by U.S. mail by registered or certified mail, return receipt requested and simultaneously by ordinary mail within days of the date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this being original process. 2 The plaintiff must file with the court his proof of service of the pleadings on the defendants no later than three (3) days before the return date. 3 Defendants shall file and serve a written response to this order to show cause and the request for entry of injunctive relief and proof of service by July , 2021. The original documents must be filed with the Clerk of the Superior Court in the county listed above. A directory of these offices is available in the Civil Division Management Office in the county listed above and online at http://www.njcourts.gov/forms/10153_deptyclerklawref.pdf. You must send a copy of your opposition papers directly to [3] BER-L-004906-21 07/23/2021 11:43:58 AM Pg 4 of 6 Trans ID: LCV20211728647 Judge , whose address is , New Jersey. You must also send a copy of your opposition papers to the plaintiff’s attorney whose name and address appears above. A telephone all will not protect your rights; you must file your opposition and pay the required fee of $ and serve your opposition on your adversary, if you want the