- Report: #96564
Complaint Review: A. Cloninger And Moss Realty - Gastonia North Carolina
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A. Cloninger And Moss Realty
New Hope Rd. Gastonia, 28054 North Carolina, U.S.A.
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A. Cloninger And Moss Realty Fraudulent sale of property and distruction to livlihood businss Gastonia North Carolina
June 25, 2004
Subject: We as victims, injured by white-collar felony-fraud crimes, intentional infliction of duress, and several abuses in litigation that denied due process, are:
1. Seeking assistance from Judiciaries or legal aids to petition and prosecute, where our Constitutional Rights to find restitution for grievances, compensatory loses, and redress for injuries are violated.
2. Insisting we have our day in court, that our complaints be placed on court dockets for trial by jury that were avoided by deceptive means where the courts have been blinded by corruptions and negligent in taking due process actions which kept the matters from reaching finality.
Dear Sir,
After being victimized, then ignored in litigation attempts over the past two years, I became well informed on legal matters as a paralegal student that we are in dire need of assistance. I have found in research, similar cases of abuses of victim's rights to prosecute perpetrated by overzealous defense attorneys, the courts biased negligence, and agencies/departments failures in their performance of duties. I do not intend to be a part of those abhorrent pigeonholed statistics. I am of the opinion this case has undisputable merit and broad social importance, warranting special attention to stop any further injuries to others of the community and us that are instigating drastic counter measure to uphold standards, rights, and our wellbeing.
To make it short, the complexity of what had started out to be a simple magistrate complaint filed for undisputable money owed by the Hammerles for property improvements ($20,000.00), through occurrences and discovery has turned into joining additional defendants in civil and criminal litigation complaints. Defendants have hindered our legal rights as victims of their white-collar felony crimes to recover and prosecute for actual losses and intentional fraud-tort injuries to business, associates, and family that are not isolated incidence in the community. By deception, abuse of defenses and biased court relations they have managed to avoid litigation on the civil and serious criminal triable issues by misleading the bench courts into making revisable discretionary errors. Our financial losses, money owed, costs, and unavoidable consequential tort injuries have accumulated to an amount over $300,000.00 and because of the Chapter 75 nature compensation warrants trebled redress.
Briefly, Defendants husband and wife D. R. Hammerle of Gaston County NC signed a contract to sell intended livelihood property and accepted payments on that property for a year, which we made noticeable improvements. They also requested and accepted as payments equitable services for extensive improvements on an adjoining property, but intentionally without justification caused harm to livelihood commitments, and costly delays in the transfer by deceptive means throughout that same year. When certified full payment and a demand for transfer of the business property's deed was made, the defendants however, secured Attorney A. Cloninger as counsel, who joined and conspired in their malicious refusal to perform on the property, attempted extortion, and have refused to pay us for the improvement work performed. Then Defendants Hammerle, with malice aforethought, through reckless illegal concert means to cause financial harm, and gain profits, wantonly caused destruction to resolution and property closure.
The Hammerles conspired with that attorney and Realtor Moss, knowledgeable of the contracts, investors financial interests, business intentions, improvements, transactions, payments, and litigation in progress, secretly sold the vested and lien properties for a substantial unjust enrichment profit. As a consequence of the fraudulent sale, causing default as us as creditors, destruction to ongoing business, our unavoidable bankruptcy, and loss of assets, all of which they have never denied and are documented in signed correspondences.
The defendants and their accomplices, joined by their fraudulent actions, notified of the changed nature of the suit, with malice intent, and in concert to avoid liens and litigation, mislead authorities and us with false verbal, written, and notarized statements of performance throughout attempts to resolve the matters. Defendants instigated frivolous decoy costly litigation, switched attorneys five times and through biased court relations, abuse of office power, and intentional negligence, continued requested trial calendaring five times to cause the trial docketing to be lost in confusion. They mislead and abused the court's due process to cause errors in due proceedings. Defense Attorney R. L. Bell, removed Plaintiffs' scheduled hearings and trial docketing to manage an erroneous inactive prosecution status. Upon Plaintiff refilling an amended complaint (03-CVS-1955), they have managed to continue avoiding Plaintiff's Constitutional rights as victims to trial by jury, requested motion hearings, amending nature of the actions, or Plaintiff stating of any civil and criminal complaints in any court action, all to conceal the joining and exposing the tortfeasors wrongful conduct.
The undisputable files of material facts and action show the preponderance of guilt. The tortfeasors' counsels concealed with false statements the attorney and realtor's professional civil and criminal misconduct and the material facts of guilt. The courts' bias and negligence in taking proper actions towards justice enhanced the sanctionable actions. The tortfeasors through their concert of actions managed destruction to business and financial losses to investors, by breach of contracts, unfair trade practices, and violations to defined felony statutes. They have harassed, committed actual felony frauds, perjury, extortion, criminal trespass, and made criminal conversion of real property by violating statutes of frauds, foreclosure, betterment, and abusing their power of offices for profit. Court transcripts of motion hearings and files show intentional deception, omissions, suppression, and perjury of facts and violations to statutory pleadings and protocols. They knowingly with intent caused delays, anxiety, duress, and tort injuries by violating public trust and professional ethical duties of office to cause indigenous, make sick, and frustrate litigation attempts.
The Hammerles ironically are being past-around, duped, and used as ponds to finance and shield the attorney and realtor's identity and professional criminal tortfeasors misconduct. The actual changed nature of the suit and the unlawful actionable facts addressed in complaints has been withheld from the Hammerle Defendants by their counsel. They are being cheated of their retirement savings and ill-gotten unjust enrichments in frivolous prolonged defense litigation to profit the defense attorney, frustrate Plaintiff, and cover-up the wrongdoers' civil and felony acts
I have as Pro Se litigant, made motions and appeals, filed 108 items of undisputed material fact evidence, and witness lists, and two uncontested briefs (the second contains 143 pages, which cites 180 stare decisis precedence cases). The courts have abused their discretionary powers to favor unjustly the guilty parties by purposely not viewing submissions, denying hearings, avoiding presentation of evidence, facts, and not affording the opportunity to be heard in any court setting, noted in the transcripts of proceedings. The courts' bench has overlooked the failure by defense counsel to surmount a defense, file disputing grounded affidavits, or make requested definite refuting statements. The bench failed to make inquiries or take actions to insure justice, denied our jury trial requests and have not issued opinions justifying judgments. They refuse to make public the allegations of culpability that are of interest to the community, backed by material facts and are avoiding taking proper actions to impose sanctioning, impede further malpractice, uphold statutory protocol, or enforce professional standards of offices, conduct, ethics, and public duties, or fair play.
The tortfeasors holding offices of power in Gaston County and their ability to avoid prosecution for civil, state, and federal actual criminal frauds projects an erroneous sense of security and equal justice, which affects the communities' standards. I have corresponded with the District Attorneys, NC Bar, and Real-Estate Commission, although they agree with the complaints merits, they are reluctant in their duties to investigate or uphold state statutory laws on these matters, to protect the community from reoccurrences of these frauds. They are leaving way to continued conspirators fraudulent activities causing additional degradation to common law standards and our wellbeing.
We as victims require immediate attention in putting force to demands for justice filed in Gaston County Superior Court to secure Due Process of Law. Pleadings stated with particularity injuries, legal malpractice, attorney and realtor's unethical conduct, actual frauds, procedural corruption, reversible errors of bench discretions, and judiciary biased negligence. I would very much like to discuss the civil, criminal, and negligent discretionary specifics, secure counsel or receive recommendations on procedures in these matters. I insist the complaints filed on these matters be recognized and we given the opportunity of trial by jury on the facts or structured settlement arrangements.
The documents that did not post here are available by E-Mail
Rocco General Contracting
3559 Dallas High Shoals Hwy. Dallas NC 28034 Phone 704-922-0567 Fax Call First 922-0567 E- Mail [email protected]
February 03 2001
Dennis & Barbara Hammerle
2234 Pamela Street
Gastonia NC 28054
704-867-4114
This is a Bill for worked performed.
Owner of property: Dennis R. & Barbara A. Hammerle
Location of property: 3565 Dallas high Shoals Highway Dallas NC 28034
Duration of work performed: September 1999 through to June 2000
The following work was performed under the supervision and direction of Mr. D. R. Hammerle
Whom directed what he wanted done around the house, garage and yard. Because the Hammerles have ignored a sales agreement on the subdivided property and have sold it along with the house, Rocco General Contracting is now requesting payment for work performed on that property also.
Furnish labor, materials, tools, and equipment to perform the following:
-removal of nontoxic waste materials from around two garages and adjoining shed, by hand and back-h*e -disposal of above waste materials by burning, burying and hauling away
-removal of garage walls, constructed of plywood and corrugated steel, by hand and back-h*e
-removal of two sets of barn style garage doors constructed of plywood and 2x4s
-dispose of garage walls and doors by burning and hauling away.
-remove trees and brush around garage and house area by hand, chain saw and back-h*e
-dispose of above, trees and brush by burning and burying
-furnish steamer equipment and solution to clean garages, shed and center building
-remove shrubbery and plants from around house foundation by hand and back-h*e
-back fill voids left by shrubbery and plant removal
-relocate above shrubbery and plants to side yard, transport with back-h*e
- excavate 50 foot by 2 foot trench in side yard and place and cover shrubbery and plants by hand and back-h*e
-remove from garage area 50 foot long hedge row (7 ft. high by 4 ft. wide) by hand and back-h*e
-dispose of above hedge row
-back fill 50 foot trench at garage, location of above hedge row, grade and level with back-h*e.
-furnish labor and materials to shingle bath house (nails, two square shingle and two rolls felt paper)
-remove in tacked from back yard 8 foot by 16 foot German sided wood bath approximately 4 ton
-steam clean interior and exterior of bath house
-relocation of above bath house to back lot for future wash house / shed
-foundation work on relocated bath house, leveling and squaring on blocks
-furnish joist, plywood and labor to install floor in relocated bath house
-furnish and set in place brick lined cast iron antique stove in relocated bath house.
-furnish paint and labor to paint exterior of relocated bath house
-clear fallen trees and brush through out a 4 acres area approx. 50 ton, by hand tools, chain saw and back-h*e
-dispose of above trees and brush, by burning, burying and piling for compost.
-95% clear cutting of trees and all brush around garage and back yard, grade leveling for lawn seeding
-90% clearing of trees and all brush around barn and feed crib area grade leveling for lawn seeding
-grade leveling, aerating and planting grass seed (5000 square feet) north side of barn
-clear and dispose of trees and brush, necessary for the installation of fencing approximately 1500 feet
-surveying of property boundary lines and location of existing posts
-installation of steel continuous fencing 1700 feet
-installation of 6'- 6 heavy steel fence post at 10 foot centers approximately 170
-installation of treated wood tension posts for steel continuous fencing
-installation of fencing for 0.4 acre yard area, using continuous steel fence 350 ft. and 6 foot heavy steel fence post at 10 ft spacing feet
-fabrication and installation of wood corner posts and treated 6 foot wide wood gate
-design, prefabrication and construction of 16 foot diameter octagonal, treated wood, gazebo platform (95% completed)
-spread and grading of approx. 35 ton of granite stone using back-h*e and hand tools used as base material on driveway and two garage floors
-furnish, labor tools and paint, to scrape and paint 6 ft. by 12ft. by 8 ft. high feed crib building
-furnish, labor tools and paint, to scrape and paint two sides of two story barn (20'x20'x15 ft. high)
-maintenance of property, trimming of trees, bushes and grass, clearing trails
-excavate trench and set in place two 4 ft lg. x 18sections of concrete storm water pipe for driveway crossing
Total of above work performed $17,000.00
Sincerely Yours,
Rocco M.
Gastonia, North Carolina
U.S.A.
CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
Click here to read other Rip Off Reports on Realty Executives
Subject: We as victims, injured by white-collar felony-fraud crimes, intentional infliction of duress, and several abuses in litigation that denied due process, are:
1. Seeking assistance from Judiciaries or legal aids to petition and prosecute, where our Constitutional Rights to find restitution for grievances, compensatory loses, and redress for injuries are violated.
2. Insisting we have our day in court, that our complaints be placed on court dockets for trial by jury that were avoided by deceptive means where the courts have been blinded by corruptions and negligent in taking due process actions which kept the matters from reaching finality.
Dear Sir,
After being victimized, then ignored in litigation attempts over the past two years, I became well informed on legal matters as a paralegal student that we are in dire need of assistance. I have found in research, similar cases of abuses of victim's rights to prosecute perpetrated by overzealous defense attorneys, the courts biased negligence, and agencies/departments failures in their performance of duties. I do not intend to be a part of those abhorrent pigeonholed statistics. I am of the opinion this case has undisputable merit and broad social importance, warranting special attention to stop any further injuries to others of the community and us that are instigating drastic counter measure to uphold standards, rights, and our wellbeing.
To make it short, the complexity of what had started out to be a simple magistrate complaint filed for undisputable money owed by the Hammerles for property improvements ($20,000.00), through occurrences and discovery has turned into joining additional defendants in civil and criminal litigation complaints. Defendants have hindered our legal rights as victims of their white-collar felony crimes to recover and prosecute for actual losses and intentional fraud-tort injuries to business, associates, and family that are not isolated incidence in the community. By deception, abuse of defenses and biased court relations they have managed to avoid litigation on the civil and serious criminal triable issues by misleading the bench courts into making revisable discretionary errors. Our financial losses, money owed, costs, and unavoidable consequential tort injuries have accumulated to an amount over $300,000.00 and because of the Chapter 75 nature compensation warrants trebled redress.
Briefly, Defendants husband and wife D. R. Hammerle of Gaston County NC signed a contract to sell intended livelihood property and accepted payments on that property for a year, which we made noticeable improvements. They also requested and accepted as payments equitable services for extensive improvements on an adjoining property, but intentionally without justification caused harm to livelihood commitments, and costly delays in the transfer by deceptive means throughout that same year. When certified full payment and a demand for transfer of the business property's deed was made, the defendants however, secured Attorney A. Cloninger as counsel, who joined and conspired in their malicious refusal to perform on the property, attempted extortion, and have refused to pay us for the improvement work performed. Then Defendants Hammerle, with malice aforethought, through reckless illegal concert means to cause financial harm, and gain profits, wantonly caused destruction to resolution and property closure.
The Hammerles conspired with that attorney and Realtor Moss, knowledgeable of the contracts, investors financial interests, business intentions, improvements, transactions, payments, and litigation in progress, secretly sold the vested and lien properties for a substantial unjust enrichment profit. As a consequence of the fraudulent sale, causing default as us as creditors, destruction to ongoing business, our unavoidable bankruptcy, and loss of assets, all of which they have never denied and are documented in signed correspondences.
The defendants and their accomplices, joined by their fraudulent actions, notified of the changed nature of the suit, with malice intent, and in concert to avoid liens and litigation, mislead authorities and us with false verbal, written, and notarized statements of performance throughout attempts to resolve the matters. Defendants instigated frivolous decoy costly litigation, switched attorneys five times and through biased court relations, abuse of office power, and intentional negligence, continued requested trial calendaring five times to cause the trial docketing to be lost in confusion. They mislead and abused the court's due process to cause errors in due proceedings. Defense Attorney R. L. Bell, removed Plaintiffs' scheduled hearings and trial docketing to manage an erroneous inactive prosecution status. Upon Plaintiff refilling an amended complaint (03-CVS-1955), they have managed to continue avoiding Plaintiff's Constitutional rights as victims to trial by jury, requested motion hearings, amending nature of the actions, or Plaintiff stating of any civil and criminal complaints in any court action, all to conceal the joining and exposing the tortfeasors wrongful conduct.
The undisputable files of material facts and action show the preponderance of guilt. The tortfeasors' counsels concealed with false statements the attorney and realtor's professional civil and criminal misconduct and the material facts of guilt. The courts' bias and negligence in taking proper actions towards justice enhanced the sanctionable actions. The tortfeasors through their concert of actions managed destruction to business and financial losses to investors, by breach of contracts, unfair trade practices, and violations to defined felony statutes. They have harassed, committed actual felony frauds, perjury, extortion, criminal trespass, and made criminal conversion of real property by violating statutes of frauds, foreclosure, betterment, and abusing their power of offices for profit. Court transcripts of motion hearings and files show intentional deception, omissions, suppression, and perjury of facts and violations to statutory pleadings and protocols. They knowingly with intent caused delays, anxiety, duress, and tort injuries by violating public trust and professional ethical duties of office to cause indigenous, make sick, and frustrate litigation attempts.
The Hammerles ironically are being past-around, duped, and used as ponds to finance and shield the attorney and realtor's identity and professional criminal tortfeasors misconduct. The actual changed nature of the suit and the unlawful actionable facts addressed in complaints has been withheld from the Hammerle Defendants by their counsel. They are being cheated of their retirement savings and ill-gotten unjust enrichments in frivolous prolonged defense litigation to profit the defense attorney, frustrate Plaintiff, and cover-up the wrongdoers' civil and felony acts
I have as Pro Se litigant, made motions and appeals, filed 108 items of undisputed material fact evidence, and witness lists, and two uncontested briefs (the second contains 143 pages, which cites 180 stare decisis precedence cases). The courts have abused their discretionary powers to favor unjustly the guilty parties by purposely not viewing submissions, denying hearings, avoiding presentation of evidence, facts, and not affording the opportunity to be heard in any court setting, noted in the transcripts of proceedings. The courts' bench has overlooked the failure by defense counsel to surmount a defense, file disputing grounded affidavits, or make requested definite refuting statements. The bench failed to make inquiries or take actions to insure justice, denied our jury trial requests and have not issued opinions justifying judgments. They refuse to make public the allegations of culpability that are of interest to the community, backed by material facts and are avoiding taking proper actions to impose sanctioning, impede further malpractice, uphold statutory protocol, or enforce professional standards of offices, conduct, ethics, and public duties, or fair play.
The tortfeasors holding offices of power in Gaston County and their ability to avoid prosecution for civil, state, and federal actual criminal frauds projects an erroneous sense of security and equal justice, which affects the communities' standards. I have corresponded with the District Attorneys, NC Bar, and Real-Estate Commission, although they agree with the complaints merits, they are reluctant in their duties to investigate or uphold state statutory laws on these matters, to protect the community from reoccurrences of these frauds. They are leaving way to continued conspirators fraudulent activities causing additional degradation to common law standards and our wellbeing.
We as victims require immediate attention in putting force to demands for justice filed in Gaston County Superior Court to secure Due Process of Law. Pleadings stated with particularity injuries, legal malpractice, attorney and realtor's unethical conduct, actual frauds, procedural corruption, reversible errors of bench discretions, and judiciary biased negligence. I would very much like to discuss the civil, criminal, and negligent discretionary specifics, secure counsel or receive recommendations on procedures in these matters. I insist the complaints filed on these matters be recognized and we given the opportunity of trial by jury on the facts or structured settlement arrangements.
The documents that did not post here are available by E-Mail
Rocco General Contracting
3559 Dallas High Shoals Hwy. Dallas NC 28034 Phone 704-922-0567 Fax Call First 922-0567 E- Mail [email protected]
February 03 2001
Dennis & Barbara Hammerle
2234 Pamela Street
Gastonia NC 28054
704-867-4114
This is a Bill for worked performed.
Owner of property: Dennis R. & Barbara A. Hammerle
Location of property: 3565 Dallas high Shoals Highway Dallas NC 28034
Duration of work performed: September 1999 through to June 2000
The following work was performed under the supervision and direction of Mr. D. R. Hammerle
Whom directed what he wanted done around the house, garage and yard. Because the Hammerles have ignored a sales agreement on the subdivided property and have sold it along with the house, Rocco General Contracting is now requesting payment for work performed on that property also.
Furnish labor, materials, tools, and equipment to perform the following:
-removal of nontoxic waste materials from around two garages and adjoining shed, by hand and back-h*e -disposal of above waste materials by burning, burying and hauling away
-removal of garage walls, constructed of plywood and corrugated steel, by hand and back-h*e
-removal of two sets of barn style garage doors constructed of plywood and 2x4s
-dispose of garage walls and doors by burning and hauling away.
-remove trees and brush around garage and house area by hand, chain saw and back-h*e
-dispose of above, trees and brush by burning and burying
-furnish steamer equipment and solution to clean garages, shed and center building
-remove shrubbery and plants from around house foundation by hand and back-h*e
-back fill voids left by shrubbery and plant removal
-relocate above shrubbery and plants to side yard, transport with back-h*e
- excavate 50 foot by 2 foot trench in side yard and place and cover shrubbery and plants by hand and back-h*e
-remove from garage area 50 foot long hedge row (7 ft. high by 4 ft. wide) by hand and back-h*e
-dispose of above hedge row
-back fill 50 foot trench at garage, location of above hedge row, grade and level with back-h*e.
-furnish labor and materials to shingle bath house (nails, two square shingle and two rolls felt paper)
-remove in tacked from back yard 8 foot by 16 foot German sided wood bath approximately 4 ton
-steam clean interior and exterior of bath house
-relocation of above bath house to back lot for future wash house / shed
-foundation work on relocated bath house, leveling and squaring on blocks
-furnish joist, plywood and labor to install floor in relocated bath house
-furnish and set in place brick lined cast iron antique stove in relocated bath house.
-furnish paint and labor to paint exterior of relocated bath house
-clear fallen trees and brush through out a 4 acres area approx. 50 ton, by hand tools, chain saw and back-h*e
-dispose of above trees and brush, by burning, burying and piling for compost.
-95% clear cutting of trees and all brush around garage and back yard, grade leveling for lawn seeding
-90% clearing of trees and all brush around barn and feed crib area grade leveling for lawn seeding
-grade leveling, aerating and planting grass seed (5000 square feet) north side of barn
-clear and dispose of trees and brush, necessary for the installation of fencing approximately 1500 feet
-surveying of property boundary lines and location of existing posts
-installation of steel continuous fencing 1700 feet
-installation of 6'- 6 heavy steel fence post at 10 foot centers approximately 170
-installation of treated wood tension posts for steel continuous fencing
-installation of fencing for 0.4 acre yard area, using continuous steel fence 350 ft. and 6 foot heavy steel fence post at 10 ft spacing feet
-fabrication and installation of wood corner posts and treated 6 foot wide wood gate
-design, prefabrication and construction of 16 foot diameter octagonal, treated wood, gazebo platform (95% completed)
-spread and grading of approx. 35 ton of granite stone using back-h*e and hand tools used as base material on driveway and two garage floors
-furnish, labor tools and paint, to scrape and paint 6 ft. by 12ft. by 8 ft. high feed crib building
-furnish, labor tools and paint, to scrape and paint two sides of two story barn (20'x20'x15 ft. high)
-maintenance of property, trimming of trees, bushes and grass, clearing trails
-excavate trench and set in place two 4 ft lg. x 18sections of concrete storm water pipe for driveway crossing
Total of above work performed $17,000.00
Sincerely Yours,
Rocco M.
Gastonia, North Carolina
U.S.A.
CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
Click here to read other Rip Off Reports on Realty Executives
1 Updates & Rebuttals
Rocco m.
Gastonia,North Carolina,
U.S.A.
Yallum v Hammerle
#2Author of original report
Mon, January 14, 2008
Petitioning the court to take action is an avenue we the Yallum family know all too well. Strictly adhering to the laws and petitioning the court through department and agencies delegated by the court can be fraught with disappointments. One cannot blame the servants of the people namely judges of our higher courts for their lack in action, opinions, or judgments they handed down. They are over taxed and do not have the time to spend on reading through every entry of a case or complaint. They place their trust in subordinates and departments to give them an un-bias assessment of the facts. Unfortunately some of these entrusted individuals are not qualified to make a judgment calls, are over whelmed with the paper badge syndrome of authority, or are easily influenced in utilizing the trust in misguided ways. The judges Ex parte swayed, perhaps do not receive the facts or particulars of the case as filed; they may not get the filed-to-the-courts critical documentation brought before them giving them jurisdiction or the fact base responses to make an un-bias assessment of the case, all of which can cause justice not to be served. Case in point We found no justice in the Gaston County Courts; it seemed just a runaround driven by politics. We Petitioned the North Carolina Supreme Court to hear the case. That was avoided by outright frauds on the court where essential documents were not given to the judges that we timely included in the submissions with the Brief (Google Yallum v Hammerle and you will find the unpublished judgment). Again we petitioned the Court for a rehearing and resubmitted the documents with the Supreme Courts Stamp and the Gaston Countys Stamp showing we had submitted them and they had received them on time. This time the Clerk of Supreme Court (the one that should have filed the documents and given them to the judges) denied the rehearing. The Case still is in the Supreme Court, but getting around the clerks dereliction of duty to prosecute those in power is a job for a firm with honor and ethic. Yes we would like to pursue these matters and need assistance.
