I lived in the deep South for years and often heard that New Jersey was the most corrupt state in the union. Now I know why. Check out my post, “Seat Belt Racket Explodes in Beach Town’s Face” WordPress Aug. 16.
Way back, according to the police report I filed on Wed. May 12, 2010 about eleven thirty in the morning I had an encounter of the close kind with a dumpster belonging to Delisa Demolition.
It happened in Asbury Park, NJ. Behind the “Upstage” where the Boss, Bruce Springsteen played. I wanted to go around the block and turned right into the alley that runs parallel to Main St. There was a truck blocking the way so I turned left into a very narrow little alley that ran parallel to Cookman. As I passed a dumpster there was a loud noise and my passenger side middle window was broke.
Bummer. I thought about it for awhile then went back and looked. This was a very narrow little alley. There were two dumpster. Oner was flat against the wall while the other had been left out at a right angle to the wall there was a pipe sticking out into the alley. That is what caught my window.
Further thinking about it was this. Usually dump trucks pull up to the dumpster and load it onto the truck. Because they could not be left out in the middle they had to be pushed against the wall. There were two of them.
In this case the driver had to get out and move the dumpster to the middle, get back into the truck, load it, get back out and push it back against the wall. Then push the other one out, load it then get out and push it back against the wall.
It looks like someone was late and in a hurry and did not push it back flat against the wall, but left it sticking out…thus thru negligence created an un-marked hazard.
A window out in the summer is no biggy, but being a senior with little money and winter coming I called them up to see if their insurance company could cover the cost of a replacement window. They declined. I sued.
I was new at this and made a few errors but eventually managed to file against Delisa Demolition located at 64 Stiener Ave, Neptune City, NJ.
I recieve a little card in the mail, dated Oct 4, 2010, post marked Oct 6. It sez in case #SC-oo3506-10 a summons was issued Oct 6 and a non-jury trial is scheduled for Oct 21. at 8:45 AM before the Hon. Judge McGann in Freehold NJ.
I was early. Delisa Demolition was represented by their operations Mgr. Donna Laing. First we had to meet with a mediator. We could not come to an agreement and went to the court where we were told to go back and mediate some more, which we did. We came to an agreement and signed a stipulation of settlement;
Essentially we agreed to:
1 Within two weeks Mr. Meyers will deliver to Delisa Demolition a refiled police report and a written estimate for the repair. these items will be delivered by certified mail to Delisa Demolition, 101 Commerce Dr., Tinton Falls. NJ 07753. Attn: Donna Laing.
2. Within two weeks after recieving the above items Delisa Demolition will notify Mr. Meyers via certified mail whether or not they will honor his claim. The address for Mr. Meyers is 016 Euclid Ave. Loch Arbour, NJ. 07711.
3. By signing this agreement Delisa Demolition does not admit to any responsibility or guilt.
4. By signing this agreement Mr. Meyers reserves the right to re-file this case if he does not agree with Delisa Demolition.
I sent them the police report and an est. for repair. Seems the side door was jammed shut so the est. was for $2,197. 46.
They replied in a letter dated Nov. 3, 2010.
Dear Mr. Myers
We are in receipt of your NJ Motor Vehicle commission Accident Report, however you did not include an estimate for damages per our mediation agreement.
In your initial call to our office you stated the wind blew the container into your parked car. At the mediation hearing and in your accident report you state you drove into the container. We feel your credibility is an issue.
Because you did not file a police report with the local authorities at the time of the incident and because you gave two different scenarios for the sequence of events we have no proof that the accident occurred as you said it did. As was the case in the mediation hearing you possess pictures of our container and pictures of your damaged vehicle, but nothing that proves any wrong doing on our part. All that is apparent to us is that you left the scene of an accident without reporting it to the proper authorities.
Additionally, the estimate for damages you presented at the mediation hearing stated $2,100.00 though you were suing for $3,000. At the mediation hearing you said you might be willing to settle for only repair to the window and not the door, but previously stated you did not include an estimate for repair as agreed upon.
All these factors considered we feel that you have failed to provide the required proof establishing a claim for damages.
Sincerely Thomas W. Delisa II
Claimed denied. Not that I expected them to fork over the money without a fight. I exercised my right to re-file and did so. Thats when things began to get suspicious.
I get a notice of trial dated Mar. 8, 2011 for a trial date of Mar. 24. On the same day I receive another card dated Mar. 8 saying the summons issued to Delisa Demolition was un-served..because, it said Other..not served. So I called and inquired, why not and was told that it had been sent to the wrong address, specifically, Neptune instead of Neptune city. I thought that was strange because you got it right the first time, why did you screw it up the second time, co-incidence? Read on.
Next I receive a card stating the summons has not been served because the auth. time for forwarding it had expired. Who’s fault is that, you sent it to the wrong address. That’s two.
On March 21, I receive a notice the case has been dismissed subject to automatic restoration if summons is served within one year.
So I send in another seven dollars to re serve and wait and wait. Usually these things come within a couple of weeks. After a couple of months go by I decide to call them and see what’s the trouble.
The woman I spoke to said the case was not on the computer and she had to go find it. Why wasn’t it on the computer? What was special about this case? Suspicious. Any way she locates it and gives a trial date of June 30. I receive a notice in the mail dated June 20, (post marked June 21) that a trial has been scheduled for June 30. At the same time I receive a notice, dated June 20 (post marked June 21)saying a summons had been served on June 22.
Before the trial date I receive a phone called saying that the trial had been re-scheduled for July 7. I receive a notice of trial dated June 24 (post marked June 27) At the same time a card saying Dated June 24 (post marked June 27) saying the summons to Delisa had not been served because no such street existed.
Then in a post card dated June 27 (The same day the others were sent) This one was post marked June 28 said that Delisa Demolition had been served a summoms June 29, the day before the trial. Was the summons served, yes or no?
Then I receive a post card date July 1 that said the case had been dismissed because no such street existed. Simply put…bullshit. To be a corporation in the state of NJ you must have a legally, verifiable address. That address was on the stipulation of settlement, It was on the stationary in Delisa’s reply. I looked it on the computer. There it was big as life.
Seems someone has been unduly influenced. The clerks office needs some investigation. You can’t have justice until you can have a hearing. There are to many co-incidences here. It’s like the other case where the cop threatened me with arrest for talking to the prosecutor. How do you file a complaint against the police. The special prosecutor that’s how but he doesn’t return phone calls. Justice Jersey style.
To be continued