Preview
MON-L-003557-22 03/21/2023 9:32:15 AM Pglof5 Trans ID: LCV2023995949
MACKEVICH, BURKE & STANICKT
James E. Mackevich
N} Attorney ID 012621976
1435 Raritan Road, Clark, NJ 07066
(732) 388 2121 Fax: 732-388-0330
JMackevich@MBSLawyers.com
Attorneys for Defendants, Geoffrey Pierini and
Excalibur Group, LLC
AMERICAN EXPRESS NATIONAL BANK, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION MONMOUTH COUNTY
PLAINTIFF
DOCKET NO. MON-L-3557-22
VS.
CIVIL ACTION
GEOFFREY PIERINI & EXCALIBUR GROUP, LLC
ANSWER
DEFENDANTS
The Defendants, Excalibur Group, LLC. & Geoffrey Pierini with a mailing address at PO Box PO
Box 8100 Red Bank, NJ 07701 by way of answer to the Complaint of the Plaintiff state as follows:
AS TO PARTIES
1. This allegation is personal to the Plaintiff and Defendants leave Plaintiff to its proof.
2, Admit only that Defendant Pierini is a resident of Monmouth County.
3, Defendant, Excalibur Group, LLC no longer has offices in Perth Amboy and has relocated its
offices to Monmouth County.
4. Admit
5. Admit
Admit that a credit agreement was executed.
AS TO COUNT ONE
Prior responses are incorporated and repeated
8 Admit
9. Any document between the parties speaks for itself. The amount of money claimed by the
Plaintiff is subject to the proofs presented.
MON-L-003557-22 03/21/2023 9:32:15 AM Pg2of5 Trans ID: LCV2023995949
10. Any document between the parties speaks for itself. The amount of money claimed by the
Plaintiff is subject to the proofs presented.
SEPARATE AND AFFIRMATIVE DEFENSES
1, The Plaintiff's claim fails to state a cause of action upon which relief may be granted.
2. Defendant(s) have not breached any contractual or common Jaw obligations owed to the
Plaintiff.
3. Plaintiff's claim is or may be barred by reason of payment, off-set, accord and
satisfaction, waiver, release, recoupment, breach of contract, absence of privity, breach of fiduciary
duties, common law fraud, the statute of frauds and or the statute of limitations.
4, Plaintiff's claim is or may be barred by reason of equitable principles of estoppel, unclean
hands, latches, unconscionability and violation of public policy.
5. The Pandemic has caused massive disruption of the Defendant's business, has caused its
revenue decrease by over 90% and constitutes a force majeure which entitles it to relief.
6. Wherefore, Defendant(s) demand judgment dismissing the Complaint of the Plaintiff with
Prejudice and the assessment of costs.
MON-L-003557-22 03/21/2023 9:32:15 AM Pg3o0f5 Trans ID: LCV2023995949
CERTIFICATION
T hereby certify that the Answer to the Complaint has been filed within the time prescribed by the Rules
of Court and further that to the best of the undersigned’s knowledge, this matter is not the subject of any
other action pending in any court or of a pending arbitration proceeding, and that no other action or
arbitration proceeding is contemplated at this time. I further certify that all confidential personal
identifiers have been redacted from documents now submitted to the Court and will be redacted from all
rc
documents submitted in the future in accordance with R. 1:38-7(b)
MACKEVICH; BURKE & STANICKI
Attor! ys for Defendants
yo
BY: VY
James E. éMackevich, Esq.
‘
DATED: March 21, 2023
DEMAND FOR TRIAL JURY
The Defendants demand a trial by jury on all issues in dispute
MACKEVI
Attorneys;
fide
‘or Del
BURKE & STANICKI
fendants
BY:
James '\Mackevich, Esq.
DATED: March 21, 2023
MON-L-003557-22 03/21/2023 9:32:15 AM Pg4of5 Trans ID: LCV2023995949
DESIGNATION OF TRIAL COUNSEL
Defendant designates James E. Mackevich from the Law Firm of Mackevich, Burke & Stanicki,
Esqs., as trial counsel for the within matter,
A
MAGKEVICH) BURKE & STANICKI
Attol revs forfendants
f
BY:
James Mac! ich, Esq.
DATED: March 21, 2023
MON-L-003557-22 03/21/2023 9:32:15 AM Pg5of5 Trans ID: LCV2023995949
CERTIFICATION OF SERVICE
James E. Mackevich, of full age, certifies as follows:
1. 1am the attorney for the Defendants in this matter and on the date set forth below, I
arranged to transmit by eCourts, a true copy of this answer to the:
Superior Court of New Jersey
Monmouth County Court House
71 Monument Park
Freehold, NJ 07728
2. 1 further arrange to transmit by regular mail, this answer to the following counsel of record
Kristen Davis, Esq.
Swicker & Associates PC
1020 Laurel Oak Road Suite 303
Voorhees, NJ 08043
3. 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 fal§e, I am subject to punishment.
Jams E. jlackevich
DATED: March 21, 2023
MON-L-003557-22 03/21/2023 9:32:15 AM Pglof2 Trans ID: LCV2023995949
Civil Case Information Statement
Case Details: MONMOUTH | Civil Part Docket# L-003557-22
Case Caption: AMERICAN EXPRESS NAT IONAL BAN VS. Case Type: BOOK ACCOUNT (DEBT COLLECTION MATTERS.
PIERINI GEOFFR ONLY)
Case Initiation Date: 12/30/2022 Document Type: Answer W/Jury Demand
Attorney Name: JAMES E MACKEVICH Jury Demand: YES - 6 JURORS
Firm Name: MACKEVICH BURKE & STANICKI Is this a professional malpractice case? NO
Address: 1435 RARITAN ROAD Related cases pending: NO
CLARK NJ 07066 If yes, list docket numbers:
Phone: 7323882121 Do you anticipate adding any parties (arising out of same
Name of Party: DEFENDANT : PIERINI, GEOFFREY transaction or occurrence)? NO
Name of Defendant's Primary Insurance Company Does this case involve claims related to COVID-19? NO
(if known): None
Are sexual abuse claims alleged by: AMERICAN EXPRESS.
NATIONAL BANK? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
| 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)
03/21/2023 /s/ JAMES E MACKEVICH
Dated Signed
MON-L-003557-22 03/21/2023 9:32:15 AM Pg2of2 Trans ID: LCV2023995949
Preview
MON-L-003557-22 03/21/2023 9:32:15 AM Pglof5 Trans ID: LCV2023995949 MACKEVICH, BURKE & STANICKT James E. Mackevich N} Attorney ID 012621976 1435 Raritan Road, Clark, NJ 07066 (732) 388 2121 Fax: 732-388-0330 JMackevich@MBSLawyers.com Attorneys for Defendants, Geoffrey Pierini and Excalibur Group, LLC AMERICAN EXPRESS NATIONAL BANK, SUPERIOR COURT OF NEW JERSEY LAW DIVISION MONMOUTH COUNTY PLAINTIFF DOCKET NO. MON-L-3557-22 VS. CIVIL ACTION GEOFFREY PIERINI & EXCALIBUR GROUP, LLC ANSWER DEFENDANTS The Defendants, Excalibur Group, LLC. & Geoffrey Pierini with a mailing address at PO Box PO Box 8100 Red Bank, NJ 07701 by way of answer to the Complaint of the Plaintiff state as follows: AS TO PARTIES 1. This allegation is personal to the Plaintiff and Defendants leave Plaintiff to its proof. 2, Admit only that Defendant Pierini is a resident of Monmouth County. 3, Defendant, Excalibur Group, LLC no longer has offices in Perth Amboy and has relocated its offices to Monmouth County. 4. Admit 5. Admit Admit that a credit agreement was executed. AS TO COUNT ONE Prior responses are incorporated and repeated 8 Admit 9. Any document between the parties speaks for itself. The amount of money claimed by the Plaintiff is subject to the proofs presented. MON-L-003557-22 03/21/2023 9:32:15 AM Pg2of5 Trans ID: LCV2023995949 10. Any document between the parties speaks for itself. The amount of money claimed by the Plaintiff is subject to the proofs presented. SEPARATE AND AFFIRMATIVE DEFENSES 1, The Plaintiff's claim fails to state a cause of action upon which relief may be granted. 2. Defendant(s) have not breached any contractual or common Jaw obligations owed to the Plaintiff. 3. Plaintiff's claim is or may be barred by reason of payment, off-set, accord and satisfaction, waiver, release, recoupment, breach of contract, absence of privity, breach of fiduciary duties, common law fraud, the statute of frauds and or the statute of limitations. 4, Plaintiff's claim is or may be barred by reason of equitable principles of estoppel, unclean hands, latches, unconscionability and violation of public policy. 5. The Pandemic has caused massive disruption of the Defendant's business, has caused its revenue decrease by over 90% and constitutes a force majeure which entitles it to relief. 6. Wherefore, Defendant(s) demand judgment dismissing the Complaint of the Plaintiff with Prejudice and the assessment of costs. MON-L-003557-22 03/21/2023 9:32:15 AM Pg3o0f5 Trans ID: LCV2023995949 CERTIFICATION T hereby certify that the Answer to the Complaint has been filed within the time prescribed by the Rules of Court and further that to the best of the undersigned’s knowledge, this matter is not the subject of any other action pending in any court or of a pending arbitration proceeding, and that no other action or arbitration proceeding is contemplated at this time. I further certify that all confidential personal identifiers have been redacted from documents now submitted to the Court and will be redacted from all rc documents submitted in the future in accordance with R. 1:38-7(b) MACKEVICH; BURKE & STANICKI Attor! ys for Defendants yo BY: VY James E. éMackevich, Esq. ‘ DATED: March 21, 2023 DEMAND FOR TRIAL JURY The Defendants demand a trial by jury on all issues in dispute MACKEVI Attorneys; fide ‘or Del BURKE & STANICKI fendants BY: James '\Mackevich, Esq. DATED: March 21, 2023 MON-L-003557-22 03/21/2023 9:32:15 AM Pg4of5 Trans ID: LCV2023995949 DESIGNATION OF TRIAL COUNSEL Defendant designates James E. Mackevich from the Law Firm of Mackevich, Burke & Stanicki, Esqs., as trial counsel for the within matter, A MAGKEVICH) BURKE & STANICKI Attol revs forfendants f BY: James Mac! ich, Esq. DATED: March 21, 2023 MON-L-003557-22 03/21/2023 9:32:15 AM Pg5of5 Trans ID: LCV2023995949 CERTIFICATION OF SERVICE James E. Mackevich, of full age, certifies as follows: 1. 1am the attorney for the Defendants in this matter and on the date set forth below, I arranged to transmit by eCourts, a true copy of this answer to the: Superior Court of New Jersey Monmouth County Court House 71 Monument Park Freehold, NJ 07728 2. 1 further arrange to transmit by regular mail, this answer to the following counsel of record Kristen Davis, Esq. Swicker & Associates PC 1020 Laurel Oak Road Suite 303 Voorhees, NJ 08043 3. 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 fal§e, I am subject to punishment. Jams E. jlackevich DATED: March 21, 2023 MON-L-003557-22 03/21/2023 9:32:15 AM Pglof2 Trans ID: LCV2023995949 Civil Case Information Statement Case Details: MONMOUTH | Civil Part Docket# L-003557-22 Case Caption: AMERICAN EXPRESS NAT IONAL BAN VS. Case Type: BOOK ACCOUNT (DEBT COLLECTION MATTERS. PIERINI GEOFFR ONLY) Case Initiation Date: 12/30/2022 Document Type: Answer W/Jury Demand Attorney Name: JAMES E MACKEVICH Jury Demand: YES - 6 JURORS Firm Name: MACKEVICH BURKE & STANICKI Is this a professional malpractice case? NO Address: 1435 RARITAN ROAD Related cases pending: NO CLARK NJ 07066 If yes, list docket numbers: Phone: 7323882121 Do you anticipate adding any parties (arising out of same Name of Party: DEFENDANT : PIERINI, GEOFFREY transaction or occurrence)? NO Name of Defendant's Primary Insurance Company Does this case involve claims related to COVID-19? NO (if known): None Are sexual abuse claims alleged by: AMERICAN EXPRESS. NATIONAL BANK? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO | 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) 03/21/2023 /s/ JAMES E MACKEVICH Dated Signed MON-L-003557-22 03/21/2023 9:32:15 AM Pg2of2 Trans ID: LCV2023995949