The following post is from my Court Filings as of 1 Aug 2017. I hope that you enjoy what I am doing as much as I am. Just remember up front that I informed these crooks that they should not mess with me nor my website. They did anyways in filing this lawsuit against me and my innocent Piedmont Disaster Services. That did nothing to these people. I’ll bet you money that the people involved now wished that they did.
Here we go…………………………
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF WAKE FILE NO. 17 CVS 3831
DALLAS MCCLAIN; LYNETTE THOMPSON;
CARL VALENTINE; PREMIER JUDICIAL
CONSULTANTS LLC. A North Carolina
Limited Liability Company; NC BAIL
ACADEMY LLC. A North Carolina Limited
Liability Company and CANNON SURETY
LLC. A Limited Liability Company
PLAINTIFFS, DEFENDANTS ANSWER TO MOTION
TO STRIKE AND OR DISMISS.
COUNTER CLAIM. DEMANDS FOR
SANCTIONS AGAINST ATTORNEY
MARK WAYNE CARTRET; NORTH STATE
HOLDING GROUP LLC. A North Carolina
Limited Liability Company; RONALD PIERCE
PIEDMONT DISASTER SERVICES LLC. A
Limited Liability Company. CLYDE ROBERT
BRAWLEY JR; KEN ROBOL
NOW COMES: Defendant’s Ronald Pierce and Piedmont Disaster Services LLC. PRO SE. Hereby responds to Motion to Strike filed before the Court on June 29, 2017. The attorney of record states that this Defendant’s standalone Motion to Dismiss, is not in accordance with the North Carolina Rules of Procedure and should be stricken from the record of this Frivolous action.
1.) This Defendant must be reading from another book of, and for the North Carolina Rules of Procedure than the attorney of record. The attorney of record states that I am not showing due respect to the Court in stating that this Defendant is being “impertinent”, maybe to an attorney or this so called Officer of The Court, G. Grady Richardson. I will state openly for the Court that I have no respect for attorney’s that file useless and Frivolous Lawsuits against people for the intention to defraud, harassment, and coerce, when these attorney’s miss-quote the laws and make False Statements and know from the very beginning of this litigation that: 1.) The attorney of record has no chance in winning the case to begin with. 2.) This lawsuit is nothing more than harassment against this Defendant, and all Defendants for that matter, and coercion of which is against the laws of North Carolina and the Rules of governorship from the North Carolina Bar. 3.) This action violates this Defendants U.S. Constitutional Rights for free speech of and for the press as well. 4.) This action also violates this Defendants North Carolina Constitutional Rights. This Defendant also incorporates all defenses from my Motion to Dismiss as actions for this Defendants Counter Claim.
2.) These ramblings of the attorney of record seem to this Defendant, that these latest statements are nothing more than a smokescreen to try and sway this Court in some form or fashion, when in fact as this Defendant will demonstrate in the next few paragraph’s that these ramblings are nothing more than false statements, lying to the Court, which again demonstrate the actual need for Sanctions against this attorney of record for violations of the Rules of the North Carolina Bar and the laws of North Carolina. This Defendant refuses to trade Quips with this attorney of record. This Defendant will take the high raod and make the attorney of record actually read the North Carolina Law, and actual North Carolina Rules of Procedure, that he apparently was supposed to have taken a test on, to become licensed to actually practice law in this State.
3.) This Defendant has filed complaints for North Carolina Bar Rules Violations and for Frivolous Lawsuit against the attorney of record G. Grady Richardson with the North Carolina Bar. A copy will be included with this Counter Claim.
4.) The attorney of record states in his latest pleadings that he was not given proper service by me the Defendant. That he, the attorney of record was not given proper notice of my Motion to Dismiss after 5 pm. On June 1st., 2017. Since one such delivery by mail and the other was by email, that this Defendant made sure to get a copy of transmittal, and to state for the record that the transmittal was three days prior to the expiration of service on the allotted time, in accordance with the North Carolina Rules of Procedure. In accordance with Rule 5, paragraph (b) sub-paragraph (1). States as follows: “If receipt of delivery by Telefacsimile is after 5pm. Service will be deemed to have been completed on the next business day”. And another copy file stamped with the Court was mailed to the attorney of record via U.S Mail. This Defendant has fulfilled his obligation in accordance with Rule 5 of the North Carolina Rules of Procedure. This Defendant also brings to this Courts attention to Rule 5 sub-paragraph (c) and (d), “Numerous Defendants and Filing”. This Defendant has no control over whether or not the Post Office delivered the letter. This Defendant will take a photograph of all future correspondence with this attorney of record to have proof of delivery. Still the attorney of record is trying to hold this Defendant to higher standards than any other attorney representing their clients in this matter. This should not be allowed at any time. Yet this Defendant has notified the North Carolina Bar that the attorney of record, was not under any circumstances involved with the communications with this attorney of record for anything to do with the “Global Settlement”. Again a violation of the North Carolina Bar Rules from the North Carolina Bar. Of which this Defendant is seeking Sanctions against the attorney of record.
5.) Also if this Court was to have immediately grated this Defendants Motion to Dismiss from this case, there would not need to be a Counter Claim and a long drawn out legal battle for this Defendant with this Court.
6.) Defendant moves the court, in accordance with Rule 13. For the following claims of relief and as a direct result for this Frivolous Lawsuit, and Civil Conspiracy enacted against this Defendant. In accordance with the North Carolina Rules of Procedure. Since this action has not been placed upon the trial calendar. This Defendant brings forth Rule 14. Against Mark L. Bibbs and Bibbs Law Group. If this action is contested by the Plaintiffs under any circumstances, this Defendant wishes to have permission of leave from the Court to serve Mark L. Bibbs with a separate complaint, and so joined at a separate hearing.
FIRST CAUSE OF ACTION
CIVIL CONSPIRACY; DAMAGES; Against G. Grady Richardson; Mark L. Bibbs; Bibbs Law Group; Dallas McClain; Premier Judicial; Cannon Surety; Carl Valentine; Lynette Thompson; NC Bail Academy
7.) Defendant fully incorporates by reference all other documentation submitted with and to the Court, Dallas McClain and Carl Valentine with and through Cannon Surety and Premier Judicial, Lynette Thompson with and through NC Bail Academy have been running an illegal enterprise from the inception of Cannon Surety and Premier Judicial. Of which was their intention directly from the start of these companies.
8.) Unlike the attorney of record, this Defendant can actually prove beyond any doubt the existence of Civil Conspiracy between the attorney of record, Mark L. Bibbs, Dallas McClain, Lynette Thompson, Carl Valentine, Cannon Surety, Premier Judicial, and NC Bail Academy, and not try to depend on what its pleading, depositions and subpoenas can bring forward in the course of this complaint. Of which “proof” is what is required in accordance with the stated laws of North Carolina, Before an attorney brings suit to begin with.
9.) This Defendant brings to the Courts attention to Premier Judicial own Operating Agreements Signed and dated 11-23-2014. Showing membership ownership under its Schedule A. And signed again on 11-23-2014 on Schedule B, The Loan Agreement. I have marked these 25 pages as Exhibit 1 respectfully.
10.) Dallas McClain as listed on this Operating Agreement was only 25% percent owner. Carl Valentine as also a 25% percent owner. Clyde Robert Brawley as 25% percent owner and Lynette Thompson was also a 25% percent owner. But unlike the unfounded charges against this Defendant, this Defendant brings forth Carl Valentine; also unlike the attorney of record this Defendant actually shows written proof of these engagements.
11.) This defendant brings this Courts attention to Article 5. Page 6 of the Operating Agreement which states the following: Article 5.1: Management. The business and affairs of the Company shall be managed by its Members. Any difference arising as to any matter within the Authority of the Members shall be decided by The Unanimous Consent of the Members who own Membership interests. In Article 5.2 Actions and decisions requiring approval of the Members pursuant to any provision of this Agreement may be authorized or made either by vote of the required Members taken at a meeting of the Members or by unanimous written consent without a meeting. Since Clyde Robert Brawley has stated he was not present at any meeting to allow Carl Valentine and Lynette Thompson to allocate their respected shares and percentages to Dallas McClain without the permission of Clyde Robert Brawley, this constitutes Civil Conspiracy, and intent to defraud at its highest level.
12.) This Defendant now brings to this Courts attention again to Carl Valentine. All of Carl Valentine’s North Carolina license was revoked in 2012. Who applied again in 2016 and was denied licensing. In accordance with North Carolina General Statutes 58-71. An unlicensed person is not allowed to have involvement of any type or fashion especially with management of a Bail Bond Insurance Company.
13.) This Defendant now brings to this Courts attention to Lynette Thompson, NC Bail Academy, Dallas McClain, and Carl Valentine on illegal recruitment of students that go through NC Bail Academy, to include and or to entice unlicensed people to go through the school and then become licensed and bonded, and then go under contract with Cannon Surety LLC, whenever they pass the tests and become licensed with the State of North Carolina. This is an illegal act in this State in accordance with 11 N.C.A.C. 13.0541 (b) (3). No recruiting at Pre-licensing.
14.) In accordance with the North Carolina Department of Insurance, ALL Bail Bondsmen, Surety Insurance Companies, must be regulated and supervised by the Department of Insurance for this State. This means that the professional stance is that a Bail Bondsmen is of the learned class. This also means that the attorney of record should have at least looked at the law before it was assessed against this Defendant. This Defendant again references CFR 541.302. Learned Professionals.
15.) This Defendant next brings to the attention of this Court the Falsified testimony of Dallas McClain on each renewal of Cannon Surety’s license and Falsified claims on his own license with the North Carolina Department of Insurance when Dallas McClain perjured himself by stating that he was not in business with any did-qualified licensed individuals.
16.) In light of the Plaintiffs actual Civil Conspiracy, this Defendant has been damaged in amounts in excess of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), respectfully, against each Plaintiff, jointly and severally to include attorney of record G. Grady Richardson and Mark L. Bibbs and Bibbs Law Group; Dallas McClain; Carl Valentine; Cannon Surety; Premier Judicial; Lynette Thompson; NC Bail Academy. To deter said Plaintiffs and others from committing similar wrongful acts. The precise amount to be proven at the trial and of the jury of this matter.
SECOND CAUSE OF ACTION
PUNITIVE DAMAGES AGAINST ATTORNEY OF RECORD G. GRADY RICHARDSON; DALLAS MCCLAIN; PREMIER JUDICIAL; CANNON SURETY; MARK L. BIBBS OF BIBBS LAW GROUP; LYNETTE THOMPSON NC BAIL ACADEMY; CARL VALENTINE
17.) Defendant fully incorporates by reference the all of the allegations above as if fully set forth herein verbatim to include all other filings with this Court on this case.
18.) Plaintiffs have committed egregiously wrongful acts in taking out False Complaints, stating False Statements, under OATH, in the form of this frivolous lawsuit to coerce this Defendant into not publishing any more of the Plaintiffs wrongful acts that the Plaintiffs have done in the past and are still doing at the time of this action. And causing this legal process to go on without any legal merit, good faith or otherwise.
19.) Attorney of record has filed False Statements against this Defendant in stating that this Defendant has illegally defamed the Plaintiffs when in fact all of the allegations from the Plaintiffs do not pass the criteria of what is required to bring a legal action to begin with, please see this Defendants Motion to Dismiss already filed with the Court.
20.) Pursuant to the applicable North Carolina Statutes, Defendant is entitled to Punitive Damages in amounts in excess of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,00.00), respectfully, against each Plaintiff, jointly and severally, to include the attorney of record G. Grady Richardson; Mark L. Bibbs and Bibbs Law Group; Dallas McClain; Carl Valentine; Cannon Surety; Premier Judicial; Lynette Thompson; NC Bail Academy, to deter said Plaintiffs and others from committing similar acts.
THIRD CAUSE OF ACTION
(Unfair and Deceptive Trade Practices Against; Attorney of record G. Grady Richardson; Plaintiffs Dallas McClain; Lynette Thompson; Premier Judicial; Cannon Surety; NC Bail Academy; Mark L. Bibbs; Bibbs Law Group; Damages; Treble Damages)
21. Defendant fully incorporates by reference the all of the allegations above as if fully set forth herein verbatim to include all filings already filed with the Clerk of Courts in this matter by this Defendant and other Defendants.
22.) In accordance with North Carolina General Statutes 75.1.1. Plaintiffs through their attorney of record in the action have brought False Claims and False Statements when in fact North Carolina Law 75.1.1 states as follows; (a) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful. This has occurred in this action by bringing into this action against Piedmont Disaster Services LLC. Solely owned by this Defendant. When in fact this company has had no affect whatsoever in and on any of these Plaintiffs allegations. This was and still a truly unlawful act from the Plaintiffs and from the attorney of record. Of which this Defendant is holding all Plaintiffs accountable for each and every one of these False Claims.
23.) This Defendant next brings to the attention of this Court; North Carolina General Statutes 75.1.1 sub-paragraph (b) which states the following: For purposes of this section, “commerce” includes all business activities, however denominated, “BUT DOES NOT INCLUDE PROFESSIONAL SERVICES RENDERD BY A LEARNED PROFESSION” The Plaintiffs in this case had, and has no legal right to bring charges or allegations against this Defendant, when in fact the Bail Bond Business as a whole is considered a learned profession, and must in accordance with North Carolina law be licensed and supervised by the North Carolina Department of Insurance. The attorney of record it seems has not read the actual law as prescribed in this State of North Carolina. Again which requires Sanctions against the attorney of record for just not being a very good and unprofessional attorney?
24.) As a result of Plaintiffs actions to include the attorney of record G. Grady Richardson and Mark L. Bibbs of Bibbs Law Group. Dallas McClain; Lynette Thompson: Carl Valentine; Cannon Surety and Premier Judicial to include NC Bail Academy, Defendant has been damaged in excess of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS, ($25,000.00). The precise amount to be proven at the trial of this matter and in front of a jury.
FORTH CAUSE OF ACTION
(PERJURY Against; Dallas McClain; Carl Valentine; Lynette Thompson; Subornation of Perjury Against; Mark L. Bibbs; G. Grady Richardson; Damages)
25.) Defendant fully incorporates by reference the all of the allegations above as if fully set forth herein verbatim to include all previous filings with this Court in this matter, namely this Defendants Motion to Dismiss.
26.) The Plaintiffs in this action have lied under oath to begin with by this so called VERIFIED COMPLAINT. Verified by whom, obviously by the attorney of record in this case. In this Defendant’s prior Court filings of this Defendants Motion to Dismiss. This Defendant will repeat item 79. NCGS 14-209 starts as follows: If any person shall willfully and corruptly commit perjury, on his oath or affirmation, in any suit, controversy, matter or cause, depending in any of the courts of the State, or in any deposition or affidavit taken pursuant to law, or in any oath or affirmation duly administered of or concerning any matter or thing whereof such person is lawfully required to be sworn or affirmed, every person so offending shall be punished as a class F, Felon.
27.) This Defendant next brings to this Courts attention this VERIFIED COMPLAINT filed by the attorney of record G. Grady Richardson. There are too many lies to list here for this document. This Defendant will only list a few. (1) Since this Defendant has never met person to person with Mark Cartret, how can their be Civil Conspiracy placed against these two Defendants. (2) The attorney of record has stated that Clyde Robert Brawley has shared financial information with this Defendant on and for Cannon Surety. This never transpired. This Defendant only inquired on whether or not Dallas McClain wanted to sell the company. This Defendant was not contacted by Dallas McClain on an answer on this question. This Defendant would like to have the Court make the attorney of record show his proof. Because the attorney of record has none and no transfer ever took place. Again this goes back to the Attorney of record only stating allegations and not actual proof as stated for the attorney of record to bring such a complaint. This Defendant is again asking for sanctions against the attorney of record and since Mark L. Bibbs is also a so called officer of this Court. Since the attorney of record did not perform a proper investigation into these Plaintiffs claims to include the attorney of record sighting causes of action that do not even meet the laws prerequisites for law school, and surely violates the North Carolina Bar’s Rules. This Defendant requests this case is dismissed and sanctions be assessed against these two attorney’s.
28.) As a result of these illegal actions taken upon this Defendant by G. Grady Richardson; Dallas McClain; Carl Valentine; Cannon Surety; Premier Judicial; Lynette Thompson; NC Bail Academy. This Defendant has been damaged by each of the Plaintiffs in excess of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS, ($25,000.00), the precise amount to be determined by trial and the jury in this matter.
FIFTH CAUSE OF ACTION
(FRIVOLOUS LAWSUIT AGAINST; G. Grady Richardson; Dallas McClain; Lynette Thompson; Premier Judicial; Cannon Surety; Mark L. Bibbs; Bibbs Law Group; NC Bail Academy; Damages)
29.) The Defendant fully incorporates by reference the all of the allegations above as fully set forth herein verbatim to include all previous filings with this Court in this matter.
30.) This Defendant states openly that the attorney of record has not performed any pre-suit investigation whatsoever as required in accordance within the laws of North Carolina, and in accordance with the Rules of the North Carolina Bar.
31.) The legal definition of a Frivolous Lawsuit is as stated: Frivolous Lawsuits are those filed by a party or an attorney who is aware they are without merit, because of neither a lack of any supporting legal documentation nor the lack of supporting legal argument or factual basis for claims. This Defendant infers to North Carolina Bar Rule 3.1.
32.) The Ethical Prohibition against Pursuit of Frivolous Claims and the Lawyers duty to investigate. North Carolina Bar Rules of Professional Conduct in every jurisdiction contain a prohibition against the pursuit of fatally deficient claims and contentions patterned after Model Rule of Professional Conduct 3.1. Model Rule 3.1. Meritorious Claims or Contentions, provides; “a lawyer shall not bring or defend or continue with the prosecution or defense of a proceeding, or assert or convert an issue therein, unless after reasonable inquiry the lawyer has a basis for doing so that is not frivolous. With each answer or filing that the attorney of record does is a separate act and charge of a Frivolous Lawsuit.
33.) Frivolous Lawsuits may be filed for harassment or coercion, such as to coerce this Defendant into paying more or accepting less money than is rightfully due. As in this case with Defendant Brawley who found himself in a bad partnership to include R.I.C.O. activities that Defendant Brawley was legally required to inform the North Carolina Department of Insurance. They may also be filed due to lack of due diligence by an attorney. With my exhibits shown in my Motion to Dismiss these exhibits clearly show the lack of due diligence from the attorney of record and the outright lies brought forth from the Plaintiffs in this action.
34.) Again this Defendant is demanding the Court to bring sanctions upon the attorney of record.
35.) Because of the unfair and deceptive actions, practices, and conduct in this Frivolous Lawsuit by each Plaintiff and their attorneys have damaged this Defendant, each in excess of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS, ($25,000.00), the precise amount to be proven at the trial and in front of a jury in this matter.
SIXTH CAUSE OF ACTION
(Civil RICO Against; Dallas McClain; Carl Valentine; Lynette Thompson; Mark L. Bibbs; Bibbs Law Group; Cannon Surety; Premier Judicial; NC Bail Academy; G. Grady Richardson; Damages; Treble Damages)
36.) This Defendant fully incorporates by reference the all of the allegations above as if fully set forth herein verbatim, to include all other filings with the Court in this matter.
37.) Patterned substantially after it’s federal counterpart, North Carolina’s Civil RICO Act NCGS 75D-4 contains the following: (a) No person shall: Engage in a pattern of racketeering activity or through a pattern of racketeering activities, or through proceeds derived therefrom, acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property, or personal property of any nature, including money or (2) Conduct or participate in, directly or indirectly, or employed by or associated with such enterprise; or (3) Conspire with another or attempt to violate any of the provisions of subdivision (1) or (2) of this subsection. Violation of this section is inequitable and constitutes a civil offense only and is a not a crime, therefor Mens Rea or criminal intent is not an essential element of any civil offenses set forth in this section.
38.) The ACT NCGS 75D-3 (c) (1) and (2) defines “racketeering activity” in the following all-encompassing fashion: “to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit an act or acts which would be chargeable by indictment, under Article 5 of Chapter 90 of the NCGS, and or under Chapter 14 of the NCGS.
39.) The ACT, at NCGS 75-8 (c), enumerates the following remedy, which is where this Defendant’s focal point is, Any innocent person who is injured or damaged in his business or property by reason of any violation of NCGS 75-D4, involving a pattern of racketeering activity shall have a cause of action for three times the actual damages sustained and reasonable attorney fees. For purposes of this subsection, “pattern of racketeering activity” shall require that at least one act of racketeering.
40.) Under North Carolina Civil RICO framework, persons who engage in the communication of at least two predicate acts of racketeering, (predicate acts), as defined by NCGS 75-D3, and thereby injure another in his business or property, may be held liable for their wrong doing. As shown by NCGS 75-D3, the limits of what may constitute a predicate act are bound primarily by the individual. Everything from Obtaining Property by False Pretenses, NCGS 14-100, to malfeasance of corporate officers and agents, NCGS 14-254.
41.) This Defendant brings to this Courts attention to the business overview of and for Cannon Surety LLC. So marked Exhibit 2. Page 26, under Management Team, Carl Valentine who had his license revoked in 2012 and then applied for reinstatement in 2016 but was rejected. Is as stated by the Plaintiffs own printed documents as Manager of a Surety Insurance Company and who is also a member of ownership as stated in Exhibit 1. This alone was known to Dallas McClain and Lynette Thompson, Mark L. Bibbs with his company Bibbs Law Group in 2014. This is illegal in accordance with NCGS 58-71.
42.) This Defendant next brings to the Courts attention to Page 27, 3rd. Paragraph, Lynette Thompson, as stated in this paragraph she is co-founder and manager of NC. Bail Academy, a duly licensed school approved by the North Carolina Department of Insurance. Who is also 25% percent owner of Premier Judicial and Cannon Surety? In her capacitance as an owner and manager of NC. Bail Academy has been and still is illegally recruiting at her pre-licensing courses. In direct violation of 11NCAC. 13.0541 (b) (3) states as follows: Pre-licensing courses shall be for instructional purposes only and not for promoting the interests of or recruiting employees for any particular bail bond agency or Surety Company.
43.) This Defendant has been harmed by illegal acts of the Plaintiffs and their attorney’s that represent them in spending thousands of hours preparing for these actions taken against this Defendant and his business Piedmont Disaster Services LLC, This Defendant did not wish to learn about all of these laws, but must defend himself in Court.
44.) The unfair and deceptive actions, practices, and conduct of the Plaintiffs; And their attorney’s Dallas McClain; Carl Valentine; Lynette Thompson; NC Bail Academy; Mark L. Bibbs; Bibbs Law Group; and G. Grady Richardson have damaged Defendants each in excess of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), the precise amount to be determined at trial and in front of a jury in this matter.
45.) Part of the requirements of NCGS 75 D is for this Defendant to notify the North Carolina Attorney General’s Office of these charges and demand an investigation into these Defendants allegations. As everyone is already aware to include the Attorney General’s Office of the 92 complaints assessed against Cannon Surety; Dallas McClain, Carl Valentine, Lynette Thompson and the NC Bail Academy. This Defendant will make it official and serve the Attorney General’s Office by written complaint.
SEVENTH CAUSE OF ACTION
(Attorney’s Fees, Costs, and Expenses; NCGS 6-21.5)
46.) Defendant fully incorporates by reference the all of the allegations above as if fully set forth herein verbatim, to include all other filings done with this Court.
47.) Based on all foregoing allegations, Plaintiffs, to include Mark L. Bibbs and this attorney of record on pursuing these Frivolous Lawsuit among other False Statements and Perjury, remain completely void of any justification to bring about their allegation upon this Defendant.
48.) Therefor, and pursuant to NCGS 6-21.5, Defendant is entitled to recover and so move the Court for an order awarding this Defendant attorney’s fees, costs, and expenses. Against the Plaintiffs, jointly and severally.
DEMAND FOR A JURY TRIAL
SERVED UPON ALL PLAINTIFFS AND DEFENDANTS IN THIS CASE.