Motion for Appointment of Guardian in Johnston Rachel Vs Guardian Termite & P Est Cont| Trellis.Law

On September 21, 2022 a Party Notice was filed involving a dispute between Rachel M Johnston, and Guardian Termite & Pest Contro, for Contract/Commercial Transaction in the District Court of Camden County.

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CAM-L-002473-22 09/21/2022 12:07:48 PM Pglof2 Trans ID: LCV20223391817

PUFF, SIERZEGA & MACFEETERS, LLC
Ronald P. Sierzega, Esquire
NJ Attorney ID No. 026781995
122 Delaware Street
PO Box 684
Woodbury, New Jersey 08096
(856) 845-0011
Fax: (856) 845-1805
Attorneys for Rachel M. Johnston
GUARDIAN TERMITE & PEST
CONTROL, INC., SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, CAMDEN COUNTY
VS.
DOCKET #:
RACHEL M. JOHNSTON,
NOTICE OF MOTION TO AMEND
Defendants. ANSWER AND TRANSFER PURSUANT
TOR. 6:4-1(c)

TO Richard S. Snellings, Esq.
SNELLINGS LAW, LLC
2001 Route 46
Waterview Plaza, Suite 206
Parsippany, NJ 07054
Attorney for Plaintiff, Guardian Termite & Pest Control, Inc.

PLEASE TAKE NOTICE that on Friday, October 7, 2022 at 9:00a.m. in the forenoon,

or as soon thereafter as counsel may be heard, the undersigned will move for an Order Granting

Motion to Amend Answer and transferring the matter to Law Division and for such other relief, as

the Court may deem just.

ANNEXED HERETO AND MADE A PART HEREOF is a Certification with Exhibits,
PUFF SIERZEGA.
& MACFEETERS on which the moving party will rely. A proposed Order is annexed.
LLC
ATTORNEYS ATLAW
122 Delaware Street
P.O. Box 684
Woodbury, NJ

—_—
CAM-L-002473-22 09/21/2022 12:07:48 PM Pg2of2 Trans ID: LCV20223391817

TAKE FURTHER NOTICE that Defendant respectfully request oral argument only if

opposition is filed.

PUFF, SIERZEGA & MACFEETERS L.L.C.
Attorneys efendant, Rachel M. Johnston

By:
Ronalfi P. Sieezega, Esquire
Dated: GeO

PUFF SIERZEGA
& MACFEETERS:
LLC
ATTORNEYS ATLAW
122 Delaware Street
P.O. Box 684
Woodbury, NJ

_.
CAM-L-002473-22 09/21/2022 12:07:48 PM Pglof1 Trans ID: LCV20223391817

PUFF, SIERZEGA & MACFEETERS, LLC
Ronald P. Sierzega, Esquire
NJ Attorney ID No. 026781995
122 Delaware Street
PO Box 684
Woodbury, New Jersey 08096
(856) 845-0011
Fax: (856) 845-1805
Attorneys for Rachel M. Johnston
GUARDIAN TERMITE & PEST
CONTROL, INC., SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, CAMDEN COUNTY
vs.
DOCKET #:
RACHEL M. JOHNSTON,
ORDER
Defendants.

THIS MATTER being opened to the Court by Ronald P. Sierzega, Esquire, of Puff,

Sierzega & MacFeeters LLC, attorneys for Defendant, Rachel M. Johnston, and on notice to

Robert S. Snellings, Esquire, counsel for Plaintiff, Guardian Termite & Pest Control, Inc., and the

Court having received and reviewed the pleadings and any response thereto, and having considered

the argument of counsel and good cause being shown;

IT IS on this day of , 2022, ORDERED that:
a) The Motion to Amend the Complaint is GRANTED; and

b) This matter is transferred to the Law Division.

PUFF SIERZEGA
& MACFEETERS The Hon. Richard F. Wells, J.S.C
LLC
"ATTORNEYS AT LAW
122 Delaware Street
P.O. Box 684
Woodbury, NJ
CAM-L-002473-22 09/21/2022 12:07:48 PM Pg1of33 Trans ID: LCV20223391817

PUFF, SIERZEGA & MACFEETERS, LLC
Ronald P. Sierzega, Esquire
NJ Attorney ID No. 026781995
122 Delaware Street
PO Box 684
Woodbury, New Jersey 08096
(856) 845-0011
Fax: (856) 845-1805
Attorneys for Rachel M. Johnston
GUARDIAN TERMITE & PEST
CONTROL, INC., SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, CAMDEN COUNTY
vs.
DOCKET #:
RACHEL M. JOHNSTON,
CERTIFICATION
Defendants.

Tam Ronald P. Sierzega, Esquire, attorney for Rachel M. Jobnston in this matter and, as

such, I am fully familiar with the facts herein stated.

This matter originally arises out of a claim for Breach of Contract made by Guardian

Termite & Pest Control, Inc. filed in the Special Civil Part with damages claimed of

$4,232.37. (See Special Civil Part Complaint, with docket number CAM-DC-3956-22,

attached as Exhibit “A”).

By way of background, this matter arises’ out of purchase of a property located at 131

Charlan Circle, Cherry Hill, New Jersey 08003 in which the Defendant, Rachel M.

Johnston, contracted with Guardian Termite & Pest Control, Inc. to perform termite

service.

PUFF SIERZEGA After moving into the home and upon further research, Plaintiff has learned that the termite
& MACFEETERS
LLC
ATTORNEYS ATLAW work was faulty and has caused significant damage to Plaintiff’s property including, but
122 Delaware Street
P.O. Box 684
not limited to, an issue with the foundation.
Woodbury, NJ

a _
CAM-L-002473-22 09/21/2022 12:07:48 PM Pg 2 of 33 Trans ID: LCV20223391817

As such, Defendant Johnston requests to file a counterclaim at this time alleging Breach of

Contract, negligence, violation of the New Jersey Consumer Fraud Act, and fraud.

Defendant Johnston is additionally filing a third-party complaint against the seller of the

Property and the home inspector. (See Proposed Counterclaim and Third-Party Complaint,

attached hereto as Exhibit “B”).

Damages are conservatively estimated at approximately $30,000.00 prior to any potential

of trebling or attorney’s fees under the New Jersey Consumer Fraud Act.

As such, pursuant to R. 6:4-1(c), this matter must be transferred to the Law Division.

This Counterclaim and Third-Party Complaint, and the present Motion, are being filed in

good faith and not for the purposes of delay.

Pursuant to the Rule provided above, this Rule is intended to permit a transfer at any time

prior to trial. The Motion should be routinely granted. Fusco v. Hale Furniture Co.. Inc.

95 N.J. Super. 539 (App. Div. 1967).
Thereby 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.

PUFF, SIERZEGA & MACFEETERS, LLC
Attorneys for Defendant, Rachel M. Johnston

By: lL
R6nald P. Sierzega, Esq.
Dated: $02 {22

PUFF SIERZEGA
& MACFEETERS
LLC
ATTORNEYS AT LAW
122 Delaware Street
P.O. Box 684
Woodbury, NI

_ oo
CAM-L-002473-22 09/21/2022 12:07:48 PM Pg 3of33 Trans ID: LCV20223391817

EXHIBIT &

Co
CAM-L-002473-22 09/21/2022 12:07:48 PM Pg 4 of 33 Trans ID: LCV20223391817 3

Court’s Address and Phone Number: Superior Court of New Jersey
CAMDEN Special Civil Part Law Division, Special Civil Part
101 SOUTH STH STREET, SUITE 150 CAMDEN County
CAMDEN, NJ 08103-4001 Docket No: CAM-DC-003956-22
856-650-9100 ext.43230 Civil Action
CONTRACT DISPUTE
YOU ARE BEING SUED!
Person or Business Suing You (Plaintiff) Person or Business Being Sued (Defendant)
Guardian Termite & Pest Control, Inc. Rachel M. Johnston

Plaintiff's Attorney Information The Person or Business Suing You Claims You Owe the
ROBERT S SNELLINGS Following:
SNELLINGS LAW LLC Demand Amount $4150.37
2001 ROUTE 46 STE 206 Filing Fee $75.00
PARSIPPANY, NJ 07054-0000 Service Fee $7.00
973-265-6100 Attomey’s Fees $0.00
TOTAL $4232.37

In the attached complaint, the person or business suing you briefly tells the court his or her version of the facts of the case and how much
money he or she claims you owe. If you do not answer the complaint, you may lose the case automatically and the court may give the
plaintiff what the plaintiff is asking for, plus interest and court costs. You have 35 days from the date of service to file your answer
or a signed agreement. If a judgment is entered against you, a Special Civil Part Officer may seize your money, wages or personal
property’to pay all or part of the judgment. The judgment is valid for 20 years.

If YOU DISAGREE WITH THE PLAINTIFF’S CLAIMS, A WRITTEN ANSWER OR SIGNED AGREEMENT MUST BE
RECEIVED BY THE COURT ABOVE, ON OR BEFORE 67/20/2022, OR THE COURT MAY RULE AGAINST YOU. IF YOU
DISAGREE WITH THE PLAINTIFF, YOU MUST DO ONE OR BOTH OF THE FOLLOWING:
1 Answer the complaint. An answer form that will explain how to respond to the complaint is available at any of the New Jersey Special
Civil Part Offices or on the Judiciary’s Intemet site njcourts.gov under the section for Forms. Ifyou decide to file an answer to the
complaint made against you:
. Fill out the Answer form AND pay the applicable filing fee by check or money order payable to: Treasurer, State of New Jersey.
Include CAM-DC-003956-22 (your Docket Number) on the check.
Mail or hand deliver the completed Answer form and the check or money order to the court’s address listed above.
Hand deliver or send by regular mail a copy of the completed Answer form to the plaintiff's attomey. If the plaintiff does not have
an attorney, send your completed answer form to the plaintiff by regular and certified mail. This MUST be done at the same time
you file your Answer with the court on or before 07/20/2022.
Resolve the dispute. Contact the plaintiff's attorney, or contact the plaintiff if the plaintiff does not have an attomey, to resolve this
dispute. The plaintiff may agree to accept payment arrangements. If you reach an agreement, mail or hand deliver the SIGNED
agreement to the court’s address listed above on or before 07/20/2022.
Please Note - You may wish to get an attorney to represent you. If you cannot afford to pay for an attomey, free legal advice may be
available by contacting Legal Services at 856-964-2010. If you can afford to pay an attorney but do not know one, you may call the Lawyer
Referral Services of your local County Bar Association at 856-482-0618. Notify the court now if you need an interpreter or an.
accommodation for a disability for any future court appearance.

/s/ Michelle M. Smith
Clerk of the Superior Court

sy
CAM-L-002473-22 09/21/2022 12:07:48 PM Pg 5 of33 Trans ID: LCV20223391817;

THIS FIRM IS A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION ACQUIRED WILL BE USED FOR THAT PURPOSE.

Snellings Law LLC
2001 Route 46, Suite 206
Parsippany, NJ 07054
Tel: (973) 265-6100 / Fax: (973) 794-3336
Filing Attomey: Robert S. Snellings, Esq.
Email: rss@snellingslawlic.com
Attorney Identification No. 004872004
Attorneys for Plaintiff, Guardian Termite & Pest Control, Inc.

GUARDIAN TERMITE & PEST SUPERIOR COURT OF NEW JERSEY
CONTROL, INC., LAW DIVISION: CAMDEN COUNTY
SPECIAL CIVIL PART
Plaintiff,
DOCKET NO.
vs.
CIVIL ACTION
RACHEL M. JOHNSTON,
COMPLAINT, DESIGNATION OF TRIAL
Defendant. ATTORNEY, CERTIFICATION OF NO
OTHER ACTIONS AND CERTIFICATION
OF PERSONAL IDENTIFIER REDACTION

Plaintiff, Guardian Termite & Pest Control, Inc., by way of complaint against the

Defendant, Rachel M. Johnston, says:

JURISDICTION AND VENUE:

1 This Court has jurisdiction over Defendant, Rachel M. Johnston, because, upon

information and belief, said Defendant was authorized to do business in the State of New Jersey

within the time period relevant to the claims stated herein; or has transacted business within New

Jersey; or has consented to the jurisdiction of this Court.

2. Pursuant to R. 6:1-2 of the New Jersey Rules of Court, the above-captioned action is

cognizable in the Special Civil Part as the legal relief sought by Plaintiff does not exceed the

jurisdictional monetary limit of $15,000.00.

3 Pursuant to R. 6:1-3 of the New Jersey Rules of Court, venue is proper in this Court because

Defendant is an individual residing in Camden County, New Jersey.

Eee
~ CAM-L-002473-22 09/21/2022 12:07:48 PM Pg 6 of 33 Trans ID: LCV20223391817 $

WHEREFORE, Plaintiff, Guardian Termite & Pest Control, Inc., demands judgment

against Defendant, Rachel M. Johnston, in the amount of $4,150.37, plus any other amounts that

Plaintiff may be legally entitled.

COUNT IM: Payment for Goods Delivered and/or Services Performed

12. Plaintiff repeats each and every allegation of the prior Count(s) above as if fully set forth

at length herein.

13. Plaintiff sues the Defendant for goods delivered and/or services performed by the Plaintiff

for the Defendant upon the promise by the Defendant to pay an agreed amount. Payment has been

demanded and has not been made.

WHEREFORE, Plaintiff, Guardian Termite & Pest Control, Inc., demands judgment

against Defendant, Rachel M. Johnston, in the amount of $4,150.37, plus any other amounts that

Plaintiff may be legally entitled.

COUNT Iv: Payment for Reasonable Value of Goods Delivered and/or Services
Performed (Quantum Meruit)

14. Plaintiff repeats each and every allegation of the prior Count(s) above as if fully set forth

at length herein.

15. Plaintiff sues the Defendant for the reasonable value of the goods delivered and/or services

performed by the Plaintiff for the Defendant upon the promise of the Defendant to pay a reasonable

price for same. Plaintiff's invoiced amounts are reasonable and agreed upon by the parties.

Payment for said amounts has been demanded and has not been made.

WHEREFORE, Plaintiff, Guardian Termite & Pest Control, Inc., demands judgment

against Defendant, Rachel M. Johnston, in the amount of $4,150.37, plus any other amounts that

Plaintiff may be legally entitled.

eel
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Snellings Law LLC
Attorneys for Plaintiff,
Guardian Termite & Pest Control, Inc.

By: Af Robert S. Snellings
Dated: June 8, 2022

DESIGNATION OF TRIAL ATTORNEY

In accordance with Rule 4:25-4, Robert S. Snellings, Esq. is hereby designated as trial

counsel for the Plaintiff, Guardian Termite & Pest Control, Inc., in the above referenced matter.

CERTIFICATION OF NO OTHER ACTIONS

I hereby certify that, to the best of my knowledge, the matter in controversy is not the

subject of any action pending in any court or of any pending arbitration proceeding. To the best
of my knowledge, no other arbitration proceeding is contemplated other than arbitration pursuant

to Rule 4:21A-1 et seq. of the New Jersey Rules of Court. To the best of my knowledge, there are

no other parties who should be joined in this action.

CERTIFICATION OF PERSONAL IDENTIFIER REDACTION

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(b) of the New Jersey Rules of Court.

Snellings Law LLC
Attormeys for Plaintiff,
Guardian Termite & Pest Control, Inc.

By: Af Robert S. Snellings
Dated: June 8, 2022

pane
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CAM-L-002473-22 09/21/2022 12:07:48 PM Pg 8 of 33 Trans ID: LCV202233918173

THIS FIRM IS A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECTA DEBT.
ANY INFORMATION ACQUIRED WILL BE USED FOR THAT PURPOSE.

Snellings Law LLC
2001 Route 46, Suite 206
Parsippany, NJ 07054
Tel: (973) 265-6100 / Fax: (973) 794-3336
Filing Attorney: Robert S. Snellings, Esq.
Email: rss@snellingslawllc.com
Attorney Identification No. 004872004
Attorneys for Plaintiff, Guardian Termite & Pest Control, Inc.

GUARDIAN TERMITE & PEST SUPERIOR COURT OF NEW JERSEY
CONTROL, INC., LAW DIVISION: CAMDEN COUNTY
SPECIAL CIVIL PART
Plaintiff,
DOCKET NO.
VS.
CIVIL ACTION
RACHEL M. JOHNSTON,
COMPLAINT, DESIGNATION OF TRIAL
Defendant. ATTORNEY, CERTIFICATION OF NO
OTHER ACTIONS AND CERTIFICATION
OF PERSONAL IDENTIFIER REDACTION

Plaintiff, Guardian Termite & Pest Control, Inc., by way of complaint against the

Defendant, Rachel M. Johnston, says:

JURISDICTION AND VENUE:
1 This Court has jurisdiction over Defendant, Rachel M. Johnston, because, upon
information and belief, said Defendant was authorized to do business in the State of New Jersey

within the time period relevant to the claims stated herein; or has transacted business within New

Jersey; or has consented to the jurisdiction of this Court.

2. Pursuant to R. 6:1-2 of the New Jersey Rules of Court, the above-captioned action is
cognizable in the Special Civil Part as the legal relief sought by Plaintiff does not exceed the

jurisdictional monetary limit of $15,000.00.

3 Pursuant to R. 6:1-3 of the New Jersey Rules of Court, venue is proper in this Court because

Defendant is an individual residing in Camden County, New Jersey.

Eee
CAM-L-002473-22 09/21/2022 12:07:48 PM Pg 9 of 33 Trans ID: LCV20223391817

COUNTY: Breach of Promise

16. Plaintiff repeats each and every allegation of the prior Count(s) above as if fully set forth
at length herein.

17. Defendant did promise to timely and immediately pay Plaintiff, for all goods delivered
and/or services performed in the amounts invoiced, upon demand for said payment. Plaintiff

delivered the goods and/or performed the services herein described, created an account in the sum

of $4,150.37 for said goods and/or services, and transmitted invoices for said amount to Defendant.

However, Defendant has breached its promisé to pay and payment has not been made.
WHEREFORE, Plaintiff, Guardian Termite & Pest Control, Inc., demands judgment

against Defendant, Rachel M. Johnston, in the amount of $4,150.37, plus any other amounts that

Plaintiff may be legally entitled.

COUNT VI: Unjust Enrichment

18. Plaintiff repeats each and every allegation of the prior Count(s) above as if fully set forth
at length herein.

19. The retention by Defendant, Rachel M. Johnston, of benefits, including the services

rendered by Plaintiff, without making payment therefore, is unjust, and the said Defendant has
been unjustly enriched thereby at the expense of Plaintiff.
20. Defendant, Rachel M. Johnston, is thus liable to Plaintiff in the amount of $4,150.37 under

the common law doctrine of unjust enrichment.

21. Payment has been demanded, but has not been made.

WHEREFORE, Plaintiff, Guardian Termite & Pest Control, Inc., demands judgment

against Defendant, Rachel M. Johnston, in the amount of $4,150.37, plus any other amounts that

Plaintiff may be legally entitled.

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CAM-L-002473-22 09/21/2022 12:07:48 PM Pg 10 of 33 Trans ID: LCV20223391817

Snellings Law LLC
Attomeys for Plaintiff,
Guardian Termite & Pest Control, Inc.

By: Af Robert S. Snellings
Dated: June 8, 2022

DESIGNATION OF TRIAL ATTORNEY

In accordance with Rule 4:25-4, Robert S. Snellings, Esq. is hereby designated as trial

counsel for the Plaintiff, Guardian Termite & Pest Control, Inc., in the above referenced matter.

CERTIFICATION OF NO OTHER ACTIONS

I hereby certify that, to the best of my knowledge, the matter in controversy is not the

subject of any action pending in any court or of any pending arbitration proceeding. To the best
of my knowledge, no other arbitration proceeding is contemplated other than arbitration pursuant

to Rule 4:21A-1 et seq. of the New Jersey Rules of Court. To the best of my knowledge, there are

no other parties who should be joined in this action.

CERTIFICATION OF PERSONAL IDENTIFIER REDACTION

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(b) of the New Jersey Rules of Court.

Snellings Law LLC
Attorneys for Plaintiff,
Guardian Termite & Pest Control, Inc.

By: {sf Robert S. Snellings
Dated: June 8, 2022

Pane Page 5 of 5
CAM-L-002473-22 09/21/2022 12:07:48 PM Pg11of33 Trans ID: LCV20223391817

EXHIBIT B

__.
CAM-L-002473-22 09/21/2022 12:07:48 PM Pg 12 of 33 Trans ID: LCV20223391817

PUFF, SIERZEGA & MACFEETERS, LLC
Ronald P. Sierzega, Esquire
NJ Attorney ID No. 026781995
122 Delaware Street
PO Box 684
Woodbury, New Jersey 08096
(856) 845-0011
Fax: (856) 845-1805
Attorneys for Rachel M. Johnston
GUARDIAN TERMITE & PEST SUPERIOR COURT OF NEW JERSEY
CONTROL, INC., LAW DIVISION
CAMDEN COUNTY
Plaintiff,
DOCKET #:
Vv.

RACHEL M. JOHNSTON, AMEN. DED ANSWER

Defendant.

Defendant, Rachel M. Johnston, residing at 131 Charlann Circle, Cherry Hill, New Jersey

by way of Answer to Verified Complaint, herein says:

1 Denied as stated.

2 Admitted.
2
It is admitted that Defendant resides in Camden County, New Jersey.

Admitted.

Defendant repeats and realleges the answers contained in the preceding paragraphs as if fully

stated herein.

PUFF SIERZEGA. Denied as stated and Plaintiff is left to its proofs.
& MACFEETERS
LLC
ATTORNEYS AT LAW Denied as stated and Plaintiff is left to its proofs.
122 Delaware Street
P.O. Box 684 Denied as stated and Plaintiff is left to its proofs.
Woodbury, NJ

we
CAM-L-002473-22 09/21/2022 12:07:48 PM Pg 13 of 33 Trans ID: LCV20223391817

10. Defendant repeats and realleges the answers contained in the preceding paragraphs as if fully

stated herein.

11 Denied as stated and Plaintiff is left to its proofs.

12. Defendant repeats and realleges the answers contained in the preceding paragraphs as if fully

stated herein.

13 Denied as stated and Plaintiff is left to its proofs.

14. Defendant repeats and realleges the answers contained in the preceding paragraphs as if fully

stated herein.

15 Denied as stated and Plaintiff is left to its proofs.

16. Defendant repeats and realleges the answers contained in the preceding paragraphs as if fully

stated herein.

17. Denied as stated and Plaintiff is left to its proofs.

18. Denied as stated and Plaintiff is left to its proofs.

19. Denied.

20. Denied.

21 Denied as stated and Plaintiff is left to its proofs.

SEPARATE AFFIRMATIVE DEFENSES

The contract violates the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1, et seq.

Plaintiff fails to state a claim upon which relief may be granted.

Plaintiff's action is barred by accord and satisfaction.
PUFF SIERZEGA.
& MACFEETERS Plaintiff's action is barred by its own contributory negligence.
LLC
ATTORNEYS AT LAW
122 Delaware Street Plaintiff's action is barred by the Doctrine of Estoppel.
P.O. Box 684
Woodbury, NJ Failure of consideration.

—
CAM-L-002473-22 09/21/2022 12:07:48 PM Pg 14 of 33 Trans ID: LCV20223391817

Plaintiffs action is barred by its own fraud in this matter.

Plaintiff's action is barred by the Doctrine of Unclean Hands.

Plaintiff's action is barred by the Doctrine of Laches.

10 The liability claimed by Plaintiff has been released.

11 The debt claimed has already been paid.

12 Any other defenses that may come to light through discovery or otherwise.

13 Defendant specifically does not waive any defense available to her and instead affirmatively

pleads each and every defense available pursuant to law and/or equity.

14 Defendant owed no duty to Plaintiff.

15 Plaintiff's claim involves a mistake of fact.

16. Plaintiff's claim involves a mistake of law.

17 The damage and injury about which Plaintiff complains were caused by Plaintiff's own

negligence, Plaintiff's failure to take proper measures to protect Plaintiff's well-being and

Plaintiff's failure to mitigate any damage or injury.

18 This party is entitled to a credit or set-off with respect to all collateral payments received

pursuant to N.J.S.A. 2A:15-97.

19. This party adopts and incorporates by reference herein any and all other separate or

affirmative defenses pleaded by any other party to this matter.

20 This Defendant performed each and every statutory and contractual duty which it owed to

Plaintiff or any other person.
PUFF SIERZEGA
& MACFEETERS DESIGNATION OF TRIAL COUNSEL
LLC
ATTORNEYS AT LAW
122 Delaware Street Ronald P. Sierzega, Esquire is hereby designated as trial counsel in this matter.
P.O. Box 684
Woodbury, NJ
CAM-L-002473-22 09/21/2022 12:07:48 PM Pg 15 of 33 Trans ID: LCV20223391817

R. 4:5-1 CERTIFICATION

Pursuant to R. 4:5-1, I hereby certify that the matter in controversy is not the subject of any.

other action pending in any Court or of a pending arbitration proceeding, and is not the subject of

any other contemplated action or arbitration proceeding.

Further, at this time, there are no other parties known who should be joined in this action.

CERTIFICATION

[hereby certify that a copy of the within Answer was served within the time prescribed by

Rule 4:6.

PUFF, SIERZEGA & MACFEETERS LLC
Attomeys x Defendant, Rachel M. Johnston

By:
CXonald P. Sierzega, Esquire
Dated: 4-2. / FL

PUFF SIERZEGA.
& MACFEETERS
LLC
ATTORNEYS AT LAW
122 Delaware Street
P.O. Box 684
Woodbury, NJ
CAM-L-002473-22 09/21/2022 12:07:48 PM Pg 16 of 33 Trans ID: LCV20223391817

PUFF, SIERZEGA & MACFEETERS, LLC
Ronald P. Sierzega, Esquire
NJ Attorney ID No. 026781995
122 Delaware Street
PO Box 684
‘Woodbury, New Jersey 08096
(856) 845-0011
Fax: (856) 845-1805
Attorneys for Rachel M. Johnston
GUARDIAN TERMITE & PEST SUPERIOR COURT OF NEW JERSEY
CONTROL, INC., LAW DIVISION
CAMDEN COUNTY
Plaintiff,
DOCKET #:
v.

RACHEL M. JOHNSTON, COUNTERCLAIM AND THIRD-PARTY
COMPLAINT
Defendant,

Vv.

ELM REALTY, LLC; WAXMAN
CONSTRUCTION, LLC;
YEHOSHUA TASHMAN; SHARAN
KAIRA; EXCLUSIVE PROPERTIES
REALTY; MICHAEL PAGANO; AM
HOME INSPECTIONS, LLC and
JOHN DOES 1-10, jointly, severally
and/or in the alternative,

Third-Party Defendants.

Defendant/Counterclaimant/Third-Party Plaintiff, Rachel M. Johnston (hereinafter

“Johnston”), of 131 Charlann Circle, Cherry Hill, New Jersey 08003 says by way of

PUFF SIERZEGA Counterclaim/Third-Party Complaint:
& MACFEETERS
LLC
ATTORNEYS ATLAW PARTIES
122 Delaware Street
P.O. Box 684 1 Atall times relevant hereto, Johnston was an individual person who resides at 131 Charlann
Woodbury, NJ
Circle, Cherry Hill, New Jersey 08003.

—
CAM-L-002473-22 09/21/2022 12:07:48 PM Pg 17 of 33 Trans ID: LCV20223391817

Third-Party Defendants Elm Realty, LLC, Waxman Construction, LLC, and Yehoshua

Tashman (hereinafter “Seller”) are two separate LLCs and an individual whose address is

52 Tova Drive, Lakewood, New Jersey 08701.

Third-Party Defendant Sharan Khaira is an individual person and real estate agent

employed by Exclusive Properties Realty with an address of 2419 Fair Lawn Avenue, Fair

Lawn, New Jersey 07410.

Third-Party Defendant Exclusive Properties Realty is a business whose office address is

2419 Fair Lawn Avenue, Fair Lawn, New Jersey 07410.

Third-Party Defendant Michael Pagano is an individual person and employed by Third-

Party Defendant AM Home Inspections, LLC, with an address of 264 Saint David Drive,

Mount Laurel Township, New Jersey 08054.

Third-Party Defendant AM Home Inspections, LLC is a business performing home

inspections whose office address is 264 Saint David Drive, Mount Laurel Township, New

Jersey 08054.

Third-Party Defendants John Does 1-10 are fictitious Third-Party Defendants who are

entities and/or individuals who have yet to be identified by Johnston as Third-Party

Defendants but whose identity as Third-Party Defendants may be revealed during the

period of discovery that will occur relative to this action and who may be liable for

Johnston’s damages as referenced herein. Such individuals/entities may include but are

not necessarily limited to manufacturers, brokers, salespeople, agents, managers, owners,
PUFF SIERZEGA
& MACFEETERS technicians, shareholders, agents, independent contractors, customer service
LLC
‘ATTORNEYS AT LAW
122 Delaware Street representatives, contractors, inspectors, engineers, designers, architects and the like.
P.O. Box 684
Woodbury, NJ

a
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For brevity’s sake and where appropriate, all of the Third-Party Defendants referenced

above, as well as the Plaintiff/Defendant on the Counterclaim, Guardian Termite & Pest

Control, Inc., shall hereafter be collectively referred to as “Defendants”.

Unless otherwise specified, all allegations and counts set forth below are directed against

all Defendants named herein, fictitious or otherwise.

BACKGROUND FACTS

10 On or about November 10, 2021, Johnston and Third-Party Defendant Seller entered into

a contract (“Contract”) for the sale of real property located at 131 Charlann Circle,

Cherry Hill, New Jersey 08003 (“Property”).

11 The Contract price was $430,000.00.

12. At all times relevant hereto, Seller was the owner of the Property.

13 At all times relevant hereto, Seller represented that the HVAC and foundation were in

satisfactory and working condition.

14. In fact, the HVAC system and foundation were faulty and defective.

15. Third-Party Defendants Sharan Khaira and Exclusive Property Realty acted as the

buyer’s agent relative to the Property and knew or should have known that the foundation

and HVAC system were defective.

16 Third-Party Defendants Michael Pagano and AM Home Inspections, LLC is a home

inspection company and its principal who performed a home inspection report and did

not report issues with either the HVAC system or the foundation.
PUFF SIERZEGA,
& MACFEETERS 17 Problems with the foundation were caused by termite damage which was neither
LLC
ATTORNEYS AT LAW
122 Delaware Street discovered nor repaired by Guardian.
P.O. Box 684
Woodbury, NJ

_
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18 Johnston needs to perform significant repairs to the foundation due to its condition, as

well as repairs to the HVAC system due to its condition.

19. Johnston incurred expenses relative to the closing on the property.

20 Johnston has been otherwise damaged as will be fully borne out during this matter.

21 Johnston retained an attorney to recover damages associated with the aforesaid

misconduct.

COUNT I
BREACH OF CONTRACT

22 Defendant/Counterclaimant/Third-Party Plaintiff repeats all of the allegations contained

in the previous paragraphs as if fully set forth herein.

23 Defendant/Counterclaimant/Third-Party Plaintiff was/is in contractual privity with

Defendants.

24 Defendant/Counterclaimant/Third-Party Plaintiff performed all of her obligations under

the contracts entered into in this matter.

25. Defendants violated the contracts by failing to perform obligations under same and/or

misrepresenting those obligations to Defendant/Counterclaimant/Third-Party Plaintiff

and/or by failing to render timely performance under same.

26. The aforesaid breaches were material in nature.

27 As a result of the aforesaid breaches, Defendant/Counterclaimant/Third-Party Plaintiff

sustained damages.

PUFF SIERZEGA. WHEREFORE, Defendant/Counterclaimant/Third-Party Plaintiff demands judgment
& MACFEETERS
LLC
ATTORNEYS AT LAW against all Defendants jointly and/or severally for: (1) Actual damages in the amount of the total
122 Delaware Street
P.O. Box 684 contract price of the property and/or all monies paid to date thereon; (2) Expenses incurred by
Woodbury, NJ
Defendant/Counterclaimant/Third-Party Plaintiff relative to closing costs and the cost to remedy

8
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the property’s defects and/or repairs made to the property; (3) The remedies provided for under

any state and/or federal statutes pled herein, statutory treble damages, the equitable remedies

provided for under the New Jersey Consumer Fraud Act and/or under the common law relative

to defrauded persons and/or pursuant to N.J.S.A. 2A:32-1, et seq.; (4) Any other applicable

compensatory, punitive, consequential, incidental, nominal and expectation damages; and (5)

Lawful interest, court costs, attorney’s fees and such other and further relief as the court shall

deem equitable and just.

COUNT I
VIOLATION OF THE COVENANT
OF GOOD FAITH AND FAIR DEALING

28 Defendant/Counterclaimant/Third-Party Plaintiff repeats all of the allegations contained

in the previous paragraphs as if fully set forth herein.

29 Defendant/Counterclaimant/Third-Party Plaintiff was in contractual privity with

Defendants.
2
3 Covenants of good faith and fair dealing arise when parties enter into contracts such as

those at issue in the instant matter and such covenants in fact arose in the instant matter.

31 At all times relevant hereto, Defendant/Counterclaimant/Third-Party Plaintiff acted in

good faith and yet, Defendants failed to act in good faith when rendering performance

under the contracts binding the parties and/or by failing to render timely and/or valid

and/or effective performance and/or by failing to render full and complete performance

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Party Notice: Johnston Rachel Vs Guardian Termite & P Est Cont

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