( ) cosh /,1.) ( ) Money Feo Pcllcl & Hercules Pappas" Esquire 423 White Horse Pike Haddon Heights" NJ 08035 Tel: (B56) 222-999I Fax: (856) 222-9994 k dCEVINVISE Plaintitr, tlf;T 1 5 20 Amoirnf Bolch $ SUPERIOR COURT OF NEW IERSEY BURLINGTON COUNTY LAWDI\TSION vs, DOCKET NO.: UGFORDAND VISETAG LABEL COMPAI..{Y, INC CTVILACTION /t 2<>1 \r / \r '>EQD - 12 (Iunfkint Plaintiff, Kevin Wise, residing at 466 Atsion Road, Shamong" New Jersey 0B0BB by way of Complaint, say: L Plaintiff, Kevin Wise rs an adult individual residing at 466 Atsion Road, Shamong, New Jersey 0B0BB. 2. Defendant, Doug Ford is the President of Wise Tag & Label Co, Inc'' located at 1077 Thomas Busch Memorial HighwaR PennsauLen, New Jersey 08110. 3. Defendant, Wise Tag & Label Co, Inc' is a company doing business at 1077 Thomas Busch Memorial Highway, Pennsauken, New Jersey 08110' n(9 \n Ifurtr Oummln tu All 4. Plfitiff CInuntr 'wise Tag & Label co., Inc. for Kevin.vise was an employee of over twenty (20) years. 5. He was the acting manager and Company Secretary' 6. The plaintiff's father, W. Sprague Wise, was the President of the company and had been so since the time 1. it opened in 1976' In 2008, due to illness and pending heart surgery, the plaintiff,s father started to look for a partner/investor for the business' B. Sprague Vise and the plaintiff met with defendant, Doug Ford, from Deco Label Company and discussed a potential buyout of the company' g. In lune of 2008, a Stock Purchase Agreement was circulated for review and execution (Exhibit "A"). 10. Plaintiff was asked by defendant and his attorney to complete the schedules that needed to be attached to the stock Purchase Agreement and was asked to collect the sigrratures on the sigrrature page' 71. As secretary of the company it was Plaintiffs responsibility to gather the Stock Certificates in preparation for the sale and transfer' 72. Plaintiff took no part in the negotiations of the sale of the company' 13. Plaintiff in no way acted as an agent for Vise Tag & Label Co', Inc, or for his father. 74. Shortly after the takeover, Defendant terminated plaintiff from his position. 75. Currently Wise Tag & Label Co.' Inc. owes plaintiff a total of s779.654.27. 76. This sum is comprised of money loaned to the company by the plaintiff, money the company charged on the plaintiff's credit card(s), and money owed to the plaintiff by way of compensation. 17. Plaintiff and counsel tried to deal with the defendants and their counsel directly to resolve the issue and seek reimbursement of the outstanding obligations owed to him, however, those efforts failed' Ouunt (Dnr - frrts 18. Plaintiff incorporates by reference all of the preceding paragraphs as though they were more fully set forth herein. 79. Plaintiff either loaned and/or paid out sums for the benefit of the Defendant in exchange for a promise to repay that debt by the Defendants. 20. Despite said promise to pay, Plaintiff has yet to receive those funds' 21. Currently Wise Tag & Label Co'' Inc' owes plaintiff a total of fi179,654.27. 22. This sum is comprised of money loaned to the company by the and plaintiff, money the company charged on the plaintiff's credit card(s), money owed to the plaintiff by way of compensation' 23. plaintiff Defendants have breached the contract with the plaintiff and is hereby entitled to damages for said breach' 24. Plaintiff has As a result of the breach of contract by the Defendants, to suffer from suffered severe economic and financial harm and continues same. lflillurfnrt, Plaintiff, Kevin Vise demands judgment against Defendants and prays for this Court to grant relief as follows: (") Damages in the amount of fi77 9,654'27; (b) Punitive damages for fraud; k) (d) Interest; (") For such other relief and further relief as the Court may deem For attorneys fees and costs of suit; and equitable and iust' Orunt 25. Ghun- lfrsui Plaintiff incorporates by reference all of the preceding paragraphs though they were more fully set forth herein. 26. The Defendants falsely misrepresentation and fraudulently made a material to plaintiff that he would be reimbursed of all debt obligations owed to him by Wise Tag & Label Co., Inc. 27. When the defendant, Doug Ford made these representations he knew them to be false, and these representations were made by defendant with the intent to defraud and deceive plaintiff and with the intent for plaintiff to rely upon them and to induce plaintiff to act in the manner herein alleged. At the time defendant made the promises to plaintiff, defendant had no intention of per{orming them. 28. Plaintiff, at the time these representations were made by defendant and at the time plaintiff took the actions herein alleged, was ignorant of the falsity of defendant's representations and believed them to be true' Had plaintiff known the actual facts, he would not have taken such action and vould have sought out legal advice on how to secure the debt owed to him. Plaintiff did, in fact, rely upon the statements and Plaintiffs reliance on defendant's representations was iustified because when defendant Doug Ford took over wise Tag & Label co., Inc., he assumed all of its liabilities per the Stock Purchase Agreernent. 29. As a prorimate result of defendant's actions as aforementioned' plainti{f has been damaged in the sum of fi179,654'27 and has su{fered severe financial, economical and emotional hardship and will continue to suffer into the future. ilfttrtfufr, Plaintiff, Kevin Wise demands judgment against Defendants and prays for this Court to grant relief as follows: (") Damages in the amount of fi119,654'21; (b) Punitive damages for fraud; For interest; (d) For attorneys fees and costs of suit; and (eJ For such other relief and further relief as the Court may deem equitable and just. 0uunt @hrrt-MniastfinB 30. Plaintiff incorporates by reference all of the preceding paragraphs though they were more fully set forth herein' 31. Defendants greatly benefitted from plaintiffs aforementioned financial support without having done anything in reJurn for same' 32. Defendants did not deserve plaintiff's financial support nor were they entitled to it. 33. Defendants were unjustifiably enriched and/or benefitted from the financial support of the Plaintiff, all to their benefit and the Plaintiff's detriment. 34. Thus, defendants received this financial support neutrally or by false pretenses. ffillrrtfnn, Plaintiff, Kevin Vise demands judgment against Defendants and prays for this Court to grant relief as follows: (") Damages in the amount of $179,654'27; (b) Punitive damages for fraud; (") For interest; (d) For attorneys fees and costs of suit; and (") For such other relief and further relief as the Court may deem equitable and just. CIuunt lffnra' (Df Guub iflst 35. Plaintiff incorporates by reference all of the preceding paragraphs as though they were more fully set {orth herein' 36. New lersey law provides that every contract contains an implied though not covenant of good faith and fair dealing' This means that' even specificallystatedinthecontract,itisimpliedorunderstoodthateachparty tothecontractmustactingoodfaithanddealfairlywiththeotherpartyin performing or enforcing the terms of the contract 37. yiolated the implied As a result of the actions of defendants have covenant of good faith and fair dealing contained in the Stock Agreement Purchase to pay all liabilities and debts owed to the Plaintiff' and as a result thereof, Plaintiff is entitled to damages' 38. The actions of said defendants are in violation of said implied covenantofqoodfaithandfairdealinghavecausedthePlaintifftosuffer damages in the sum oI fi779,654'27 and has continued to suffer severe to suffer financial, economical and emotional hardship and will continue into the future. llfllpEfnrr, Plaintiff, Kevin Wise demands iudgment against Defendants and prays for this Court to grant relief as follows: (") Damages in the amount oI fi77 9,654'27; (b) Punitive damages for fraud; (") For interest; (d) For attorneys fees and costs of suit; and (") For such other relief and further relief as the Court may deem eguitable and just. Onunt lfriut- @nnmrsion 39. Plaintiff incorporates by reference all of the preceding paragraphs as though they were more fully set forth herein' 40. At all times herein mentioned, plaintiff was and is entitled to the Inc reimbursement of the monies that he loaned Vise Tag & Label' Co'' totaling $179,654.27. 41,. The plaintiff has clear legal ownership or right to possession of the property at the time of the conversion; 42. The defendants used plaintiff's monies and converted same to their own use and benefit and were not rightfully entided to the funds' trr.r.. ,t::i:irtt,fjiccoowit\ 'o':on ta 43. Defendants did not have legal ownerrhip or possession pn z,tr tfrSe$$:.|, vhen used. ilftfrrflra Plaintiff, Kevin Vise demande judgment agairst Defendants and prays for this Court to grant relief as follows: (.) Damages in the amount of.fi119,654'27' (b) Punitive damages for fraud. (") For interest; (d) For attotneys feeg aJrd (") For such other relief and further relief as the Court nay deem equitable and ju*. c,ogts of flrit; and ,, ', i iii :i i' I i ijl,"tt'o'ilt ?0120C1 l2 PH 2' I ttt? I sg tStp **rr* @crttfirutbn lFunruflil::ta 4ul* 4:5'l et Pursuant to Rule 4:5-1, the undersigned cerrifies that to the best of his knowledge, the within matters in controversy are not the subject of any other nor action pending in any other court or of a pending arbitration proceeding is any action or arbitration proceeding contemplated nor are other required to be joined in this action. Herculed Pappas, Esquire Dated: SePtember 74,2012 Hercules Pappas, Esquire' is hereby designate Attorney for Plaintiff Dated: September L4,2072 Sfuru Bununi Plaintiff hereby demands trial by j"ty' Hercules PIPpas, Esquire Dated: September L4,2072 Parties
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