Complaint Review: Z-rack - Patrick Samuel Mascaro - Tina Marie Mascaro

Hello, my story starts out in April, 2006. I met an individual named Pat Mascaro at Impulse in Fairmont, WV. I started talking to Mr. Mascaro and he mentioned that he had a nightclub in downtown Fairmont that he wanted to lease. He said that he doesn't want all the responsibility of running both bars. He told me that I would make a lot of money.

He said he wanted $13,000 up front as the buy-out payment and then $1850 each month for rent. He told me that the bar makes a lot of money, and that I would make it back in only a few months.

Then he said to me, to save you all the problems of getting a liquor license, and transferring all the permits into your name, we can do a management lease where you will have full rights to the business, but it will save you a lot of time and a lot of paperwork. I figured it was a good idea.

On July 12, 2006 we signed the management lease. The problems began almost immediately, water started to come from everywhere, the ceiling, sewage from the drains, overflowing toilets, walls, everywhere. I called Mr. Mascaro repeatedly to fix these problems because there were many nights that I could not open the bar. He constantly ignored me.

I had no other option but to get a contractor for the repairs. I borrowed $22,000 in student loan money to pay for the repairs. The club was closed for over a month due to emergency work that needed done to the plumbing, electrical wiring to meet code, water damage to floors, ceilings, rotten floors and walls, I had to fix equipment that no longer worked whenever I signed the agreement. But the problems never stopped, they only stopped for a short period of time and then we would have sewer water all over the floors again.

I constantly called Mr. Mascaro to tell him about these problems, and he never attempted to do anything. He always said, This is your problem, I don't care. It got to the point where I put in another $48,000 in addition to the $22,000 for repairs to the building to run the business.

Eventually, I couldn't get anymore money to put into this, and I had no o0ther option but to call code enforcement and get assistance from the city so they would make Mr. Mascaro fix the building. He waited until I paid January's rent and then changed the locks on the building the day after.

I was never given an eviction notice from magistrate or circuit court, nothing has been filed, he just took my money, all of my equipment, and hard work and locked me out! And now the club is back open with somebody else running it with all my equipment in the building.

I did some research at the courthouse, and apparently he has done this before. He filed bankrupcy for a lawsuit from 1997 where he did the exact same thing.

I have the phone records documenting how many calls I have made to him and to contractors, plumbers, code enforcement, health department etc.. I have 200 pictures of my equipment and the work that was done, witnesses from people that have worked with me, ABC officers who saw the sewage on the floors and would not let me open, sanitation department has this documented, everything is documented, the bills for the repairs, and equipment, furniture, everything. I need assistance in this matter urgently. I have tried to get my equipment back, and he has refused to do so.

My auditors are threatening to sue me and they want there equipment returned . Everything I own is locked inside of 323 Adams Street. He knew that I had no money and advised me to get student loans to pay him, I have no way to pay any of these people back.

Eric
morgantown, West Virginia
U.S.A.