Superior Court of New Jersey
Civil Law Division
Yewande Adebayo-Richardson
Plaintiff
)
No. ESX. L. 005159 10
)
NOTICE OF LAWSUIT AND
REQUEST FOR WAIVER OF
SERVICE OF SUMMONS
Vs.
)
Rodney Dean Sieh (Individual)
Rodney Dean Sieh, Editor-In-Chief, FrontPage Africa, LLP)
Frontpage Africa, LLP
Defendant(s)
________________________________________________________________________
NOTICE OF LAWSUIT AND REQUEST FOR
WAIVER OF SERVICE OF SUMMONS
TO: Rodney Dean Sieh (Individual)
Rodney Dean Sieh, Editor-in-Chief, FrontPage Africa LLP &
All Officers, Directors, Partners, Shareholders and/or Investors of
FrontPage Africa, LLP (in and outside of the United States of
America)
A lawsuit has been commenced against you, Rodney Dean Sieh, as an individual and as
the Editor-In-Chief of FrontPage Africa, LLP. This lawsuit is also filed against your
corporation, FrontPage Africa, LLP, including all of the officers, directors, partners,
shareholders or investors of the corporation.
A copy of the COMPLAINT is attached to this NOTICE. It has been filed in the
Superior Court of New Jersey- Essex County Vicinage-Civil Law Division in the State of
New Jersey, United States of America and has been assigned docket number ESX L005159-10.
This is not a formal SUMMONS or notification from the Court, but rather My request
that you sign and return the enclosed WAIVER OF SERVICE OF SUMMONS
(Plaintiff’s
copy),
in
order
to
save
the
cost
of
serving
you
with
a
judicial SUMMONS and an additional copy of the COMPLAINT.
1
The cost of service will be avoided if I receive from you a signed copy of the WAIVER
within 30 days after the date on which this NOTICE AND REQUEST was sent (or
within 60 days, if you are located in a foreign country). An extra copy of
the WAIVER is also attached, for your records (see Defendant’s copy). If you comply
with this request and return the signed WAIVER, it will be filed with the Court and
no SUMMONS will be served on you outside of the United States of America.
The action will then proceed as if you had been served on the date the WAIVER is filed,
except that you will then be obligated to answer the COMPLAINT within 60 days from
the date on which this NOTICE was sent (or within 60 days from that date, if your
address is not in any judicial district of the United States).
If you do not return the signed WAIVER within the time indicated, I will take
appropriate steps to effect formal service in a manner authorized by the Federal Rules of
Civil Procedure and I will then, to the extent authorized by those Rules, ask the Court to
require you (or the party on whose behalf you are addressed) to pay the full costs of such
service.
Federal Rules of Civil Procedure (Rule 4), states: ―Notify the defendant that a failure to
appear and defend will result in a default judgment against the defendant for the relief
demanded in the complaint‖. Notice sent to multiple defendants but in a separate
manner. Plaintiff used an ―internationally agreed means‖ of service such as the Hague
Convention (International service of process under the Hague Convention‖. Except
prohibited by law of the foreign country, parties may effect services by personal delivery
or by any means –form of mail requiring a signed receipt.
In that connection, please read the attached statement concerning the duty of parties to
waive the service of the summons, which is set forth at the foot of the WAIVER form.
I affirm that the Plaintiff is sending this request to you, this 2nd day of August 2010 A.D.
______________________________________________________________
Signature of Plaintiff
2
COPY OF ORIGINAL COMPLAINT
3
Superior Court of New Jersey
Essex County Vicinage- Law Division
Civil Action Complaint
Docket#: ESX L -005159-10
Yewande Adebayo-Richardson, Plaintiff
Vs.
Rodney Dean Sieh & FrontPage Africa LLP, Defendants
Background
Please be advised that Yewande Adebayo-Richardson (Plaintiff) has filed a civil action
suit in the State of New Jersey on June 25, 2010, against Rodney Dean Sieh &
FrontPage Africa LLP (Defendants). The case has been assigned to Track 1. Discovery
is 150 days and runs from the first answer or 60 days from service on the defendant,
whichever comes first. The pre-trial judge is Hon. Claude M. Coleman. Any questions
can be directed to the Superior Court of New Jersey.
The Plaintiff is seeking damages in the amount of $100,000 due to breach of agreement
involving the matter of a 2004 Toyota Highlander purchased by Plaintiff along with
Defendant(s) in February 2008 in the State of New Jersey under the Defendant’s pretext
that FrontPage Africa investors would pay the car off within three months of the
purchase. This amount includes loan balance (for default on the car loan), interest, late
fees, punitive damages, compensatory damages for intentional damage to Plaintiff’s
credit rating with repossession now on file, attorney fees, and court costs, etc.
NOTE: Pluralizations include FrontPage Africa LLP in the matter as Rodney Dean Sieh
is a primary stakeholder in the company and part owner—and the likely means by which
the damages will be recovered.
The broad and initial context in which the opportunity arose for Rodney Dean Sieh
(Defendant) to request that a joint purchase of a car be made is as follows: In February
2008, the Defendant(s) became interested in purchasing a vehicle having recently had a
vehicular accident for which he was waiting on an insurance pay-off and going through
4
frequent physical therapy sessions for presumed injuries. He was leasing a vehicle for
personal and business use at the time—for which he claimed his newspaper company
Frontpage Africa LLP was making the payments while complaining the payments were
too high.
Under the guise of a matrimonial engagement to the Plaintiff, Defendant (Rodney Dean
Sieh) also moved into the Plaintiff’s newly purchased home not having disclosed that he
was facing the possibility of eviction proceedings at his former place of residence in
Hackettstown, New Jersey USA. He also did not disclose the fact that his credit history
was extremely poor due to frequent abandonment of financial obligations (that would be
later discovered). The Defendant(s) persuaded the Plaintiff that the car loan should be
placed on her credit because Frontpage Africa LLP was in the middle of closing a deal
that an additional purchase on his credit would be problematic. The Defendant(s) also
verbally guaranteed that the car would be paid off by Frontpage Africa investors within
3 months of the purchase and shipped to Liberia for full business use and a future car
would be secured. After four years of loyal and platonic friendship, there seemed to be
no reason not to trust the Defendant, as such the Plaintiff entered into the agreement –
after all the car would be used jointly until it would be transferred overseas for full
business use.
At the dealership, it was determined that the Defendant(s) would also have to be on the
loan because the Plaintiff, having been a long-time Development professional in New
York City, New York, she had no need for a car and as such did not have a license. A
fact that would prove to be a saving grace.
The total sale price of the car was $32,512.96 and a down-payment of $1,000 was
transferred by a Frontpage Africa LLP investor Rudolph Polson to Rodney Dean Sieh
and the car was purchased. Under the terms of the car loan commitment with Toyota
Motor Credit Corporation, signed by Plaintiff and Defendant(s), monthly payments were
set at $437.68. Defendant(s) took possession of the Highlander that day, February 2,
2008.
Defendant(s) is also being sued for his adamant refusal to inform the Plaintiff of the
whereabouts of the car for roughly two years, deliberate abandonment of the payments
5
for the car note, insurance and registration and subsequent intentional damage to the
Plaintiff’s credit rating with repossession now on file.
Defendant(s) also deceived outside parties regarding his sole ownership of the vehicle as
he left the car in their possession and migrated back to Liberia resulting in the car being
impounded prior to its repossession.
Defendant(s) has placed a financial burden upon Plaintiff, which means payment of all
the money that is owed on the car, including late fees and interest, and attorney costs and
court fees. A breach of contract occurs when one of the parties in an existing agreement
fails to honor his responsibilities or obligations for no valid reason. The contract between
Plaintiff and Defendant(s) has been breached since Defendant(s) failed to perform as
promised and expressed to others his intention not to perform. Defendant(s) made
promises of future performance made with intent, at the time the promise was made, not
to perform as promised.
Breach of contract is a legal concept in which a binding agreement or bargained-for
exchange is not honored by one or more of the parties to the contract by nonperformance or interference with the other party’s performance.
Plaintiff will also seek an additional amount of $50,000 against the Defendant(s)
for any defamation of character or fabrications in the Liberian Press or otherwise.
Below is the narrative of what transpired resulting in the claim against Rodney Dean
Sieh and FrontPage Africa LLP:
NARRATIVE
Rodney Dean Sieh (Defendant) initiated the purchase of the car at total sale price of
$32,512.96 under the pretext that FrontPage Africa investors would pay the car off
within 3 months and the car would be transferred to Liberia, West Africa for company
business. A few months later, upon insisting on a joint visit to the car dealership
(Hillside, NJ) to have the Plaintiff’s name removed from the car, the Plaintiff learned
that Sieh’s credit rating was too poor to relieve her of the burden. The subsequent
agreement was that the car would be refinanced to remove the Plaintiff’s name from the
loan agreement with the car financing company.
6
The car debt became an issue for the Plaintiff in conducting her own business affairs and
the Plaintiff’s banking institution requested that the Defendant(s) provide proof that he
was fully responsible for the payments on the car and evidence that he was in the process
of refinancing the car to remove it from the Plaintiff’s credit record. The Defendant(s)
provided a signed notarized document along with his bank routing and account
information to satisfy the bank’s request.
Needless to say –up until the eventual outcome—nothing further was ever done to make
the necessary transition. When questioned on the matter, the Defendant(s) claimed on
several occasions that the adjustment was being made via his investors and, at one point
he stated electronically that documents were being provided for his signature to remove
the car from Plaintiff’s credit record.
Defendant(s) is also being sued for intentional damage to Plaintiff credit rating by not
only refusing to make the payments on the car but refusing to inform Plaintiff of the
whereabouts of the car for roughly two years —having left the car in other parties’
possession in the U.S. (under the pretext that he owned the car free and clear and had
paid for it with cash). He left for Liberia, West Africa having yet to return to the United
States. Before then, Defendant(s) maintained the payments on the car until he learned
that the Plaintiff had gotten married. The Plaintiff contacted his relatives, associates and
business partners and he resumed payment. After nearly a year of the Plaintiff being
married, he learned that the Plaintiff was expecting a child—and that is when the
Defendant(s) decided to completely abandon the car payments and refused to indicate
where the car was or whether the refinancing of the car would ever take place. One week
before giving birth to her new son (March 2010), the Plaintiff had to reach out to one of
his Frontpage Africa business partners, Wulwyn Porte (among several other parties) in
trying to contact him to address the situation. At the end of the day, he adamantly refused
to cooperate to prevent the repossession of the car with the intent to exact revenge where
there was no wrongdoing.
Over the course of the entire period of trying to dissolve ties concerning the car,
Defendant(s) was unable to handle the matter maturely or rationally when the personal
link with him (beyond the car) had long been dissolved prior to the Plaintiff’s nuptials.
7
Subsequently, the Plaintiff had to contact several of his family members, associates, and
business partners on multiple occasions concerning the matter—without success because
Defendant(s) was adamant about not responding even when it was made clear that the
matter was now legal with the financing company.
At the stage of repossession, with Plaintiff’s own persistence, Plaintiff was able to
finally locate the car and found that the Defendant(s) also abandoned the car registration
and insurance payments resulting in the car being impounded (additional fees for which
the Plaintiff is being held liable). When the parties with whom he left the car (Jacqueline
Khoury and Konah Birch) tried to reach Defendant(s) concerning the matter, he
refused to respond. He refused to send them written authorization for the release of the
car so that the matter could be addressed and resolved with the financing company.
Now with his financial bases covered and his newspaper (FrontPage Africa LLP)
thriving in Liberia, Defendant(s) had no concern for the consequences of his actions. The
Plaintiff, on the other hand, is someone who is self-financed and going through the
current US economic downturn. Plaintiff’s credit rating was crucial in conducting her
business and financial affairs – for which the Defendant(s) purposely caused long-term
and permanent damage. Defendant(s) failed to be concerned that the impact would not
only affect the Plaintiff’s future but her children.
Defendant(s) was well-aware of these facts having been one of the Plaintiff’s closest
friends for nearly four years prior to what she states (intuitively) was always a revolting
decision to give into his persuasion and become further involved-- almost ending in
marriage. Nevertheless, the Defendant(s) knew the context of the situation but chose to
be the opposite of anything decent –out of needless spite.
Defendant(s) will also be sued for an additional $50,000 for any defamatory or fabricated
statements made against the Plaintiff via the Liberian press or otherwise—given Rodney
Dean Sieh’s tendency to retaliate in that fashion with other lawsuits and matters currently
pending against him since his brand of journalism involves defaming and accusing an
invariable number of public officials and private citizens of corruption and wrongdoing.
The Plaintiff anticipates his reaction or response to her will be publicly served via his
8
newspaper and other print and electronic media outlets in Liberia. Commercial fraud
implies a similar notion, which is the falsification of journalistic findings.
As a result of the Defendant’s action, Plaintiff is facing legal action from the creditor
causing her financial problems in a situation that is already strained. Defaulting on car
loans has many long-term consequences. Owning future homes or making other large
purchases may not be possible with the bad credit score. Plaintiff will face difficulties in
the event of any of the following future scenarios with consequences, such as: 1) High
interest rates on credit cards and loans, 2) Credit and loan applications will not be
approved, 3) Difficulty getting approved for an apartment or home, 4) Security deposits
on utilities will be required, 5) Possibility of being denied employment, 6) Higher
insurance premiums, 7) Calls from debt collectors, 8) Difficulty starting new and
expanding existing businesses and 9) Difficulty purchasing, leasing or renting cars.
The Plaintiff is now stuck with a negative credit record because the Plaintiff is
responsible for the loan since the co-borrower refused to pay even as the car was always
in his possession. The co-signed loan is now part of her total debt load. Default status has
been reported to all national credit bureaus and will be reported on her credit record for
the next 7 years with the repossession on file. The Plaintiff will no longer be able to
conduct any business on the basis or supported by her credit rating—the worst scenario
for any current or future business owner. There is also real possibility that the loan
default can result in wage garnishment and in the seizure of Plaintiff’s current and future
assets.
ADDITIONAL COMMENTS
Concealment of a vehicle with intent to hinder a creditor is a felony in some U.S. states.
A civil fraud typically involves the act of intentionally making a false representation of a
material fact. The Plaintiff alleges Defendant(s) intended to commit a financial crime,
which is defined as a crime against property, involving the unlawful conversion of
property belonging to another to one’s own personal use and benefit. Financial crimes
often involve fraud. A fraud is a deception made for personal gain. Fraud is a crime, and
is also a civil law violation. Defrauding people of money is presumably the most
common type of fraud.
9
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to
damage them – usually, to obtain property or services unjustly. It is theft by deception
and / or larceny by trick.
Defendant(s) made various misrepresentations pertaining to the status and the nature of
the financing. The Plaintiff alleges that such conduct constitutes fraud, consumer fraud
and a violation of the New Jersey Consumer Fraud Act, Uniform Commercial Code, and
the Federal Truth {in} Lending Act. The Plaintiff alleges that the Defendant(s) had
engaged in ―a course and pattern of deceptive conduct. The Plaintiff is willing and able
to prove by clear and convincing evidence that the Defendant’s actions were sufficiently
malicious, egregious, or wanton to justify an award of punitive damages. The Plaintiff
has been severely aggravated by all of the described events, an indication that serious
physical, emotional, or financial harm resulted from the Defendant’s conduct.
The Plaintiff alleges that the Defendant(s) was aware of his reckless disregard that his
conduct would cause serious harm. The Defendant(s) breached his contract with the
Plaintiff by defaulting on the payments and while having possession of the car, hiding it
from the Plaintiff and the car dealership while proceeding with his own business affairs
in the United States and Liberia. Defendant(s) concealed his wrongful approach by
providing the car to outside parties for their personal use, giving false impressions that he
owned the car free and clear and leaving permanently for Liberia –all while refusing to
communicate the whereabouts of the car to the Plaintiff. The Plaintiff alleges that
Defendant’s conduct rose to the level of actual malice or wanton and willful disregard.
Defendant’s conduct was based on an ―evil motive‖ or ―wanton recklessness‖.
The Plaintiff is seeking compensatory damages, which are reimbursement for costs often
awarded to compensate for loss; attorney fees and costs; as well as for punitive damages,
which is money given to deter or prevent the person or party from repeated occurrences
of a wrongdoing or convince the defendant to change his/her harmful behavior by
punishing the defendant economically.
The Defendant(s) acted irresponsibly and irrationally. The intentional infliction of
emotional distress on the Plaintiff is manifested in ways, such as the Defendant(s) acted
intentionally; 2) the Defendant’s conduct was extreme and outrageous; 3) the
Defendant’s act is the cause of the distress; and 4) the Plaintiff has suffered severe
10
emotional distress as a result of the Defendant’s conduct; 5) There was a pattern of such
conduct, not just an isolated incident; 6) the Plaintiff was vulnerable and the
Defendant(s) knew it.
Please note that the manner of service is standard and not purposed to be vindictive.
________________________________________________________________________
NB: Plaintiff decided to use this medium, electronic mailing, to serve defendant who is in
a foreign country. Plaintiff is using the process governed by the 1965 Hague Convention
on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial
matters (Hague Convention). Absent a service treaty, ordinary rules of court will govern.
Federal Rule of Civil Procedure 4(f)(2) permits ―service‖ to be made on foreign
individuals. Courts have authorized service by publication, ordinary mail, e-mail,
facsimile, delivery t defendant’s last-known address and telex or cable. Such methods
must, however, comport with due process.
11
WAIVER OF SERVICE OF SUMMONS (Defendant’s copy)
TO: Yewande Adebayo-Richardson, Plaintiff
I acknowledge receipt of your request that I waive service of a SUMMONS in the action
of Yewande Adebayo-Richardson vs. Rodney Dean Sieh & FrontPage Africa LLP,
which is docket number ESX L 005159-10 in the Superior Court of New Jersey – Essex
County Vicinage-Civil Law Division in the State of New Jersey, United States of
America.
I have also received a copy of the COMPLAINT in this action, two copies of this
instrument, and a means by which I can return the signed WAIVER to you without cost
to me.
I agree to save the cost of serving a SUMMONS and an additional copy of the
COMPLAINT in this lawsuit by not requiring that I be served with judicial process in
the manner provided by FRCP Rule 4.
I will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the
Court, except for objections based on a defect in the SUMMONS or in the service of
the SUMMONS.
I understand that a judgment may be entered against me if an answer or motion under
Rule 12 is not served upon you within 60 days after August 2, 2010 A.D., if the request
was sent outside the United States of America.
Date: __________________________________________________________________
Signature: ______________________________________________________________
Printed/typed name: ______________________________________________________
In my capacity as: ________________________________________________________
Of (entity name): _________________________________________________________
12
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in
saving unnecessary costs of serving the SUMMONS and COMPLAINT.
All defendants located in the United States of America, after being notified of an action
and asked by a plaintiff located in the United States of America to waive service of a
summons, who fail to do so, will be required to bear the cost of such service, unless good
cause be shown for their failure to sign and return the WAIVER.
It is not good cause for a failure to waive service that a party believes that the
COMPLAINT is unfounded, or that the action has been brought in an improper place, or
in a court that lacks jurisdiction over the subject matter of the action, or over its person or
property.
A party who waives service of the SUMMONS retains all defenses and objections
(except any relating to the SUMMONS or to the service of the SUMMONS), and may
later object to the jurisdiction of the Court, or to the place where the action has been
brought.
Defendants who waive service must, within the time specified on the WAIVER form,
serve on the Plaintiff a response to the COMPLAINT (e.g. answer or motion), and must
also file a signed copy of their response with the Court.
If a response is not served within this time, a default judgment may be taken against that
defendant.
By waiving service, a defendant is allowed more time to respond than if the
SUMMONS had been actually served when the request for waiver of service was
received.
13
WAIVER OF SERVICE OF SUMMONS (Plaintiff’s Copy)
TO: Yewande Adebayo-Richardson, Plaintiff
I acknowledge receipt of Your request that I waive service of a SUMMONS in the
action of Adebayo-Richardson vs. Rodney Dean Sieh & FrontPage Africa LLP, which
is docket number ESX L 005159 10 in the Superior Court of New Jersey – Essex County
Vicinage - Civil Law Division in the State of New Jersey, United States of America.
I have also received a copy of the COMPLAINT in this action, two copies of this
instrument, and a means by which I can return the signed WAIVER to you without cost
to me.
I agree to save the cost of serving a SUMMONS and an additional copy of the
COMPLAINT in this lawsuit by not requiring that I be served with judicial process in
the manner provided by FRCP Rule 4.
I will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the
Court, except for objections based on a defect in the SUMMONS or in the service of
the SUMMONS.
I understand that a judgment may be entered against me if an answer or motion is not
served upon you within 30 days after August 2, 2010 A.D., or within 60 days after that
date, if the request was sent outside the United States of America.
Date: ___________________________________________________________________
Signature: ______________________________________________________________
Printed/typed name: ______________________________________________________
In my capacity as: ________________________________________________________
Of (entity name): _________________________________________________________
14