Complaint Review: Nick Resciniti and Camillo Resciniti. Americorp Enterprises Inc. Owners of 3100 Steeles Avenue West Concord. - Concord Ontario

Nick and Camillo Resciniti of Americorp Enterprises defraud another retired 70 year old Senior of his land and income. They were convicted by an Ontario Court of trying to defraud another 70 year old Senior of $50,000 in the court case Alexopoulos vs. Rescinti which is available online.

Even the lawyers for Nick Resciniti and Camillo Rescintit suggest that the brother's are above the law. 

The Judge in that case basically called Nick Resciniti and Camillo Rescintit professional LIARS!

[4]          Counsel for the Defendant in written submissions, states that “these people (the litigants and witnesses) live in a different world than that of lawyers and judges.  Courts must apply the law to the parties, but it has to be applied with an understanding of their world”.

[5]          If the “world” of the parties involves falsehood, manipulation of facts and deceit then rest assured the Court will not attempt an “understanding of their world”.

Beware TRUST AGREEEMENTS with Nick Resciniti and Camillo Resciniti and going into business with them. 

*SEE ATTACHMENTS FOR THE HAND WRITTEN TRUST AGREEMENTS

They aproach you about developing your land and that they incur the cost of development.  Once you add them to title, the will not come through with their development responsibility and try to sell the land. 

They will force you to go to court and try to drain your finances, so you will have to settle and they sell the land.

Inturn, they will steal the equity from your property with only investing a minor amount in lawyer fees.

*Some of this Court filling maybe uploaded incomplete because of PDF conversion.  Please see attachments for original court filings.

The Resciniti Brothes have an in house lawyer who works with them on these scams. 

His name is Sherwin Shapiro who is licenced as a Commercial Lawyer in the province of Ontario.

DO NOT LET HIM REPRESENT YOU.  Although he will let you assume that he is your lawyer but he only works for the best interest of the Rescinti Brothers.

Court File: CV-08-088396

 

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

GIACOMO FERRANTE

Applicant

- and -     

NICK RESCINITI and CAMILLO RESCINITI

Respondents

NOTICE OF APPLICATION

TO THE RESPONDENT(S):

  A LEGAL PROCEEDING HAS BEEN COMMENCED by the Applicant, The claim made

by the applicant appears on the following page.

THIS APPLICATION will come for a hearing on Wednesday, the 16'“ day of APRIL, 2008,

at 10:00 am. at 50 Eagle Street West, Newmarket, Ontario.

IF YOU WISH TO OPPOSE THIS APPLICATION, you or an Ontario lawyer acting for

you must forthwith prepare a notice of appearance in Form 38C prescribed by the Rules of Civil

Procedure, serve it on the applicant's lawyer or, where the applicant does not have a lawyer, serve it

on the applicant, and file it, with proof of service, in this court office, and you or your lawyer must

appear at the hearing.

 

IF YOU WISH TO PRESENT AFFIDAVIT OR OTHER DOCUMENTARY EVIDENCE

TO THE COURT OR TO EXAMINE OR 0 CROSS-EXAMINE WITNESSES ON THE

APPLICATION, you or your lawyer must, in addition to serving your notice of appearance, serve a

copy of the evidence on the applicant's lawyer or, where the applicant does not have a lawyer, serve

it on the applicant, and file it, with proof of service, in the court office where the application is to be

heard as soon as possible, but not later than 2:00 pm. on the day before the heating.

IF YOU FAIL TO APPEAR AT THE HEARING, JUDGMENT MAY BE G1"VEi}i

AGAINST YOU INYOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. If

you wish to oppose this application but are unable to pay legal fees, legal aid may be available ti)

you by contacting a local Legal Aid office. 5

Date :  March 08, 2008  Issued by: A  ijidi _

Address

of Court: 50 Eagle Street West

Newmarket, Ontario

L3Y 6B1

TO: Camillo Resciniti

3100 Steeles Avenue West, Suite 309A

Concord, Ontario, LAK 3R1

 

AND TO: Nick Resciniti

3100 Steeles Avenue West, Suite 309A

Concord, Ontario, L4K 3R1

  

The Applicant makes Application for :

(a) An Order declaring that the trust agreement signed between the parties in relation to

1565397 om-10 Inc. dated May 9, 2006 is declared a nullity.   

(b) An Order declaring that the shares of 1565397 Ontario Inc. BIB owned

accordance with the following:

(i) Giacomo Ferrante 95% owner of all of the common shares, and

(ii) Domenic Sarra 5% owner of all the common shares.  

(c) An interim and permanent Order restraining Nick Resciniti and Camillo Rescinitii from taking any further steps in relation to 1565397 Ontario Inc. in their capacity either as director, officer, shareholder or otherwise;

(d) An Order removing the Defendants, Nick Resciniti and Camille Resciniti as Directors and Officers of 1565397 Ontario lnc., and replacing the position with Giacomi) Perrante.  

(e) Costs of this application on a substantial indemnity basis or, in the alternative, on partial indemnity basis together with attendant transaction levies and applicable Goods Services Tax;

(f) Such further and other relief as this Honourable Court may deem just.

The Applicant makes Application for :

(a) An Order declaring that the trust agreement signed between the parties in relation to 1565397 10 Inc. dated May 9, 2006 is declared a nullity.  A

(b) An Order declaring that the shares of 1565397 Ontario Inc. BIB owned accordance with the following:

(i) Giacomo Ferrante 95% owner of all of the common shares, and

(ii) Domenic Sarra 5% owner of all the common shares.  

O (c) An interim and permanent Order restraining Nick Resciniti and Camillo Rescinitii from taking any further steps in relation to 1565397 Ontario Inc. in their capacity either ais director, officer, shareholder or otherwise;

(d) An Order removing the Defendants, Nick Resciniti and Camille Resciniti as Directors and Officers of 1565397 Ontario lnc., and replacing the position with Giacomi)

Ferrante.  

(e) Costs of this application on a substantial indemnity basis or, in the alternative, on partial indemnity basis together with attendant transaction levies and applicable Goods

Services Tax;

(f) Such further and other relief as this Honourable Court may deem just.

The Applicant makes Application for :

(a) An Order declaring that the trust agreement signed between the parties in relation to

1565397 om-10 Inc. dated May 9, 2006 is declared a nullity.  A

(b) An Order declaring that the shares of 1565397 Ontario Inc. BIB owned accordance with the following:

(i) Giacomo Ferrante 95% owner of all of the common shares, and

(ii) Domenic Sarra 5% owner of all the common shares. e

O (c) An interim and permanent Order restraining Nick Resciniti and Camillo Rescinitii from taking any further steps in relation to 1565397 Ontario Inc. in their capacity either ais director, officer, shareholder or otherwise;

 (d) An Order removing the Defendants, Nick Resciniti and Camille Resciniti as Directors and Officers of 1565397 Ontario lnc., and replacing the position with Giacomi Ferrante.

(e) Costs of this application on a substantial indemnity basis or, in the alternative, on partial indemnity basis together with attendant transaction levies and applicable Goods

Services Tax;

(f) Such further and other relief as this Honourable Court may deem just. of a number of experts and professionals including but not limited to; planners, enginetirs, lawyers, accountants and others. The process has been lengthy, involved and requirged substantial funds in order for the project to attain its existing status. The Numbered Compariiy, through Mr. Ferrante, has managed the project throughout this course.

6. In addition to obtaining the draft plan approval, Gianeff Excavating Contractorrs Ltd. (“Gianeff”), a company owned and controlled solely by Mr. Ferrante, has caused the lanids to be serviced which includes the installation of storm sewers, roads, hydro, storm water ponéd, curbs, backfill, snow plow, berm, well reservoir, fencing and related work and services.

7. Servicing of the lands is substantially completed. The only step at this stage that the plan of subdivision cannot be registered without additional funds to pay registration feds

| . and amounts owing to the Town in the approximate amount of $250,343.28.

8. Furthermore, the Numbered Company has pre sold four of the lots conclitioneil upon the registration of the plan. The lots have been sold for prices between $205,000.00 and $210,000.00. In terms of the remaining lots, they will likely sell for a similar range between $205,000.00 — $210,000.00 each.

9. Mr. Ferrante has invested significant time and money into this project. He is years of age and this project and the completion of it is essential to his livelihood. He is noi; working anywhere else and this project is the sole means of income for him.

CAREVEST CAPITAL INC - INTERIM RECEIVER APPOINTED

10. Carevest Capital Inc. (“Carevest”) loaned the Numbered Company $3,400,000.00 for the purposes of refinancing the Property and to finance the cost of completing land services Q of the lots. The financing is secured by a charge against the property, a general security and agreement, an assignment of material contracts, and a deficiency I cost over —runs agreement guaranteed by Gianeff.

11. On December 7, 2007 Justice Spence granted Carevest an order among other things, appointing A. Farber & Partners Inc. as interim receiver of the project.

12. The loan matured on October 7, 2007, and Carevest has been unwilling to extend; the time for repayment of the loan.

TRUST AGREEMENT BETWEEN THE PARTIES

13. Mr. Ferrante was born in Italy and do not speak or understand English well. The Respondents on the other hand are well versed in the English language. The Bradford Project was essentially Mr. Ferrante’s life savings. Giarreff which did the servicing on the Bradford Project still has not been paid.

14. In or about May of 2006, Mr. Ferrante was approached by the Respondents who had an interest in becoming partners in the project. They were in the same building as counsel for the Numbered Company’s previous lawyer and they expressed interest in the development business. The understanding was that they would inject capital into the project and in return they would share in the profits.

15. On May 9, 2006 Mr. Ferrante signed a Trust Agreement with the Respondents whereby he purportedly transferred 5% of the shares in the Numbered Company to Domenic Sarra (“Domenic”). In accordance with the agreement Domenic did inject $100,000.00 into thee Numbered Company and accordingly there is no dispute with him being a 5% shareholder.

16. However, the Respondents have not injected any monies in the Numbered Company. Further, the document provides that the Respondents are the “existing” holders of 50% of the shares whereby Mr. Ferrante transferred shares to them. The Respondents purport tog be shareholders when in fact they never were.

17. Mr. Ferrante did not have independent legal advice nor did any of the other '  - parties. In essence the Respondents attempted to convey something to Domenic but they had nothing to convey. The entire agreement was nonsense and based on false pretences. With the exception of Domenic no one followed through. In fact a new company for the construction of homes was supposed to have been incorporated but same was never done. Mr. Ferrante has always proceeded on the project knowing the Respondents were not shareholders but continued to promise Domenic his 5% share upon completion of the project.

18. Although the Respondents performed some clerical work they never injected any funds into the project. The project was always controlled and run by the Numbered Company and Gianeff, through Mr. Ferrante. There was no consideration for the Agreement and no consideration for a transfer of the common shares. 

24. The Respondents did not respond and we did not hear from them until we did a Corporate Profile Search was conducted on February 22, 2008 which revealed that the Respondents had filed a Notice of Change with the Ministry indicating they were the Directors of the Numbered~Con1pany. That has since been changed.

25. Rule 14.05 (d) (g) and (h) of the Ontario Rules of Civil Procedure.

26. Section 101 of the Courts offusrice Act. t

The following documentary evidence will be used at the hearing of the Application:

 (a) Affidavit of Giacomo Ferrante sworn March llm, 2008 and exhibits attached thereto;

- (b) Such further and other evidence as counsel may advise and this Honourable Court will permit.

I

Date: Thursday, March 13, 2008

PICCIN, BOTTOS

5 Barristers 8: Solicitors

- 201-4370 Steeles Ave. W.,

Woodbridge, Ontario i

L4L 4Y4

ANTONIO CIRCELLI

LSUC#48478C

 

TEL: (905) 850-0155

FAX: (905) 850-0498 E

Solicitors for the APPLICANT

!

DO NOT LET HIM REPESENT YOU!  As he will convince you that he is your lawyer, however, when the lawsuit begins he will inform the court that he never represented you and only represented the Resciniti brothers

See Attachements for full details of Court Case in Ferrante vs. Rescintis