Roma Foods v. JADB Pizza Corp — Complaint (Exhibit 29)

Summary

Exhibit 29, Document 10-31, filed January 29, 2015, in Case 2:14-cv-08123-JLL-JAD, is a complaint filed November 1, 2012, in the Superior Court of New Jersey, Special Civil Part, Burlington County, Docket No. DC-010566-12, by Roma Foods against JADB Pizza Corp dba Elegante Pizza and Dominick Sinopoli. The first count states that $1,233.86 is due on a book account plus attorney fees of $308.47. Later counts allege goods sold and delivered, an account stated with a finance charge of 1.5 percent per month, and a personal guarantee executed by Dominick Sinopoli. The fifth count alleges that the guarantor breached a fiduciary duty as an officer and director. The signature block names Robert L. Saldutti, and the pages include certifications and a summons.

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Document type: Exhibit
Date: 2015-01-29
Case: Wilder v. Roma Food Enterprises, Inc.

Cite this document

“Roma Foods v. JADB Pizza Corp — Complaint (Exhibit 29).” Original at storage.courtlistener.com, dated 2015-01-29. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2015-01-29-wild-faery-company-ddf809e5-1/, SHA-256 ddf809e5ce5839c64e1bfd373b957a4fec1bc06af62d152661468953d93d49eb.

Full text

Case 2:14-cv-08123-JLL-JAD Document 10-31 Filed 01/29/15 Page 1 of 7 PagelD:
283

EXHIBIT 29
ee oe ay tO onmrt 08 et et ee ee oe Me ee Oe ed
a

Case 2:14-cv-08123-JLL-JAD Document 10-31 Filed 01/29/15 Page 2of7Pa eID:
284 FILED Nov 01, 2012

SALDUTTI, LLC

Robert L. Saldutti, Esquire

800 N. Kings Highway, Suite 300
Cherry Hill, NJ 08034

(856) 779-0300
Attomeys for Plaintiff
ROMA FOODS, SUPERIOR COURT OF NEW JERSEY
SPECIAL CIVIL PART
Plaintiff, BURLINGTON COUNTY
v. DOCKET NO. DC-010566-12
JADB PIZZA CORP DBA ELEGANTE Civil Action
PIZZA AND DOMINICK SINOPOLI
COMPLAINT
Defendant(s),

Plaintiff, ROMA FOODS, a New Jersey Corporation, authorized to do business in Burlington
County and throughout New Jersey located at One Roma Blvd, Piscataway, New Jersey, by way of
Complaint against defendant, says;

FIRST COUNT

There is due from the defendant the sum of $1,233.86 on a certain book account and

attorney fees in the amount of $308.47. Payment has been demanded and has not been made,
SECOND COUNT

The plaintiff sues the defendant for goods sold and delivered and/or services rendered by the
plaintiff to the defendant upon the promise by the defendant to pay the agreed amount as set forth
herein. Defendant, Dominick Sinopoli has executed a personal guarantee to plaintiff. Payment has
been demanded and has not been made.

THIRD COUNT
The plaintiff sues the defendant for the reasonable value of goods delivered and/or services

rendered hy the plaintiff to the defendant upon the promise of the defendant to pay # reasonable price
Case 2:14-cv-08123-JLL-JAD Document10-31 Filed 01/29/15 Page 3 of 7 PagelD:
285

7

for same, Payment has been demanded and has not been made,

FOURTH COUNT
The defendant, being indebted to the plaintiff in the sum of $1,233.86, and attorney fees in the
amount of $308.47 upon an account stated between them, did promise to pay to the plaintiff said sum

upon demand plus a finance charge of 1.5 percent per month on all pust due balances and late charges.
Payment has been demanded and has not been made,
FIFTH COUNT

Plaintiff repeats the allegation of the previous counts as though set forth herein at length.

‘The puarantor(s) is/are an officer and director of the corporate defendant,

As ollicer and director, the guarantor(s) breached his fiduciary duty to plaintifM as creditor by
converting the assets of the corporate defendant to his personal use and benefit.

Ry said conversion of assets, the guarantor(s) caused the corporate defendant to become insolvent
to the detriment of creditors such as the plainuiff.

Further, during said period, the guarantor(s) made preferential payments to himsolf with
corporate monies that should have been held for the benefit of plaintiff.

By reason of the actions of the guarantor as aforesaid, the guarantor has become unjustly
enriched and all monies and assets acquired by the said defendamt are trust funds creating a resulting trust
for the benefit of plaintiff.

‘The guarantor(s) is/are personally responsible to the plaintiff for violations of N.J.S.A. 14A; 611
to 13.

WHEREFORE, plaintiff demands judgment against the guarantor(s) in the sum of $1233.86 and
attorney foos in tho amount of $308.47, and subsequent interest and costs.

SALDUTTI, LLC
/s/Robert L. Saldutti

ROBERT L, SALDUTTI, ESQUIRE
Dated: November 1, 2012
We et tt , — ee ee rt ed er ee er rod 0 ee

Case 2:14-cv-08123-JLL-JAD Document10-31 Filed 01/29/15 Page 4 of 7 PagelD:
286

CERTIFICATION PURSUANT TO R.4:5-1
I certify that I am not aware of any other pending actions or pending arbitration proceedings

regarding the above controversy and J em not aware of any other parties who should be joined in this
subject action.

CERTIFICATION PURSUANT TO (R.1:38-7)

I hereby 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),

SALDUTTI, LLC
/s/Robert L. Saldutti

ROBERT L. SALDUTTI, ESQUIRE
Dated; November 1, 2012
Wee Lr ey te eT ta Pr

Case 2:14-cv-08123-JLL-JAD Document 10-31 Filed 01/29/15” Page 5 of 7 PagelD:
RECEIVED THURSDAY 11/1/2012 2:18:03 PM 982386428 /

+e

SALDUTTI, LLC

Robert L. Saldutti, Esquire

800 N. Kings Highway, Suite 300
Cherry Hill, NJ 08034

(856) 779-0300
Attomeys for Plaintiff
ROMA FOODS, SUPERIOR COURT OF NEW JERSEY
SPECIAL CIVIL PART
Plaintiff, BURLINGTON COUNTY
Vv. DOCKET NO.
JADB PIZZA CORP DBA ELEGANTE Civil Action

PIZZA AND DOMINICK SINOPOLI
CERTIFICATION OF DILIGENT
Defendant(s), INQUIRY

I, Robert L, Saldutti, Esquire, of full age hereby certifies as follows:

1, ] am an attomey licensed 10 practice in the Slate of New Jersey and have been
personally entrusted with the above-captioned matter on behalf of the plaintifi, ROMA FOODS. |
have personal knowledge of the facts contained herein.

2. Based upon our investigation through our clicnt’s database, it appears that the
defendant is not located in the State of New Jersey.

3, Accordingly, it appears that the defendant cannot be served within the State of New
Jersey and | respectfully roquest that the Court allow me to serve the defendant by regular and
certified mail pursuant 1o the provisions of 4:4-5(b).

4, It is further represented by the undersigned that diligent inquiry has been made as
evidenced by the above conversations and thus, concluded that the defendant cannot be served
within the State of New Jersey. Accordingly, pursuant to R, 4;4-5(b), the undersigned hereby
respectfully requests that the Court allow service upon the defendant by regular and certified mail,

relurn receipt requested pursuant to the provisions of R. 4:4-8(b).
wre “CaseZ:14-cv-08123ILL-JAD Docuniénf10-31 Filed 01/29715'~”Page’6 of 7 PagelD>” ~~

288

.

I hereby certify that the foregoing statements 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.
SALDUTTI, LLC
/s! ROBERT L, SALDUTTI, ESQUIRE

ROBERT L. SALDUTTI, ESQUIRE

Dated: November 1, 2012
UU Ly Leb Loe TY ONG Te LIVIN Ft LWivh Teo tee YI et Ped’ 2

Case 2:14-cv-08123-JLL-JAD Document10-31 Filed 01/29/15 Page 7 of 7 PagelD:
289

SPECIAL CIVIL PART SUMMONS AND RETURN OF SERVICE - PAGE 2

Gi:

Plaintiff or Plaintiff's Attorney Information: Demand Amount: $1,542.33
Name: Filing Fee: $32.00
Robert Saldutti Service Fee: $16.00
Address: Attorney's Fees
Saldutti LLC TOTAL
800 N Kings Hwy Suite 300

SUPERIOR COURT OF NEW JERSEY
Cherry Hill, NJ 08034-2151
Telephone No.: (856) 779-0300 LAW DIVISION, SPECIAL CIVIL PART

BURLINGTON COUNTY
Roma Food 49 Rancocas Road

Mount Holly, NJ 08060-0000

(609) 518-2865

Plaintiffs)
versus Docket Number: DC-.010566-12
(to be provided by the court)
Jadb Pizza Corp
Dominick Sinopoli Civil Action
SUMMONS
Defendant(s)
Contract_Reg

Defendant(s) Information: Name, Address & Phone .
Jadb Pizea Corp &
Dba Elegante Pizza 88 Atlantic Ave Lynebrook, NY 11563

Dominick Sinopoli
121 Earle Avo Lynebrook, NY 11563

Date Served: 11/02/2012

RETURN OF SERVICE IF SERVED BY COURT OFFICER (For Court Use Only)

Docket Number:

Date: Time: WM WE BM BF OTHER.
HY. WT AGE, HAIR, __. MUSTACHE, BEARD GLASSES

NAME: RELATIONSHIP!

Description of Premises;

7?

Thereby certify the above to be true and necurate:

Spscial Civil Past Officer

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Our copy: wild_faery_company__docket-5836297__doc-10_att-31__id-50406562__Exhibit_29_to_Declaration_of_Jonathan_Meyers.pdf
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