SUPERIOR COURT OF NEW JERSEY
BERGEN COUNTY, LAW DIVISION
MARCO FERREIRA §
vs. § Case No:
JESSICA CAMILA BARBOSA §
FERREIRA; JOSE M. SILVA; and NETO §
SOS HEATING AC §
PLAINTIFF’S AMENDED COMPLAINT
NOW COMES Marco Ferreira, Plaintiff, complaining of Defendants, Jessica Camila Barbosa and Jose M. Silva, Defendants, and for cause would show this Honorable Court as follows:
- Plaintiff Marco Ferreira is a male adult of sound mind and a resident of Insert Address.
- Defendant Jessica Camila Barbosa Ferreira is a female adult of sound mind and a resident of Insert Address.
- Defendant Jose M. Silva is a male adult of sound mind and a resident of Insert Address.
- Defendant Neto SOS Heating AC is a Company registered and doing business at Insert Address.
- JURISDICTION AND VENUE
- Jurisdiction exists in this Court pursuant to New Jersey Constitution, Article VI 3, 2: see Chapter I.
- Venue is proper in this Court because the causes of action herein occurred within Bergen County.
- On 10/02/2014, Defendants broke or aided burglary at Plaintiff’s house.
- Plaintiff has evidence showing the Defendants breaking in his house. All times in this Complaint are DVR time as on Plaintiff’s video exhibit.
- Defendant Jessica entered Plaintiff’s home via his front gate and went to his house at 06:01:00pm on 10/02/2014.
- Defendant Jessica asked Defendant Jose to help him gain access to Plaintiff’s room and office.
- Defendant Jessica entered Plaintiff’s office at 06:03:23pm on 10/02/2014.
- Defendant Jose entered Plaintiff’s office at 06:04:26pm on 10/02/2014.
- While in Plaintiff’s office, Defendant Jessica took the title of the car, registration, bill of sale and other documents relating to Plaintiff’s vehicle.
- Defendant Neto SOS Heating AC aided Defendant Jessica’s entry into Plaintiff’s office by
- After taking Plaintiff’s vehicle documentation listed above, the Defendants left Plaintiff’s home at 6:13:20pm with Plaintiff’s vehicle.
- All along, Defendant Jessica had the vehicle’s spare key.
- Plaintiff went and filed a police report on at that his car had been stolen.
- Defendant Jessica went ahead and completed the sale of Plaintiff’s vehicle to another party.
- Plaintiff did not consent to the sale and registration of the vehicle to the other party in any way. However, his signature appeared on the registration documents of the vehicle. The sale was completed by Defendant Jessica who forged Plaintiff’s signature on the registration documents.
- Plaintiff has never recovered his vehicle.
CAUSES OF ACTION
- Plaintiff incorporates herein the facts in Paragraphs 7-20 of this Complaint.
- Defendants Jessica is liable for burglary under N.J.S.A. 2C:18-2 which partly states that a person is guilty of burglary if, with purpose to commit an offense herein or thereon he enters a research facility, structure, or a separately secured or occupied portion thereto unless the structure was at the time open to the public or the actor is licensed or privileged to enter.
- The United States Supreme Court in Taylor v. United States, 495 US 598 (1990) held as follows: “Although the exact formulations vary, the generic, contemporary meaning of burglary contains at least the following elements: an unlawful or unprivileged entry into, or remaining in, a building or other structure, with intent to commit a crime.”
- Defendant Jessica’s entry into Plaintiff’s room and office was unprivileged. She did not have access to Plaintiff’s room and office because Plaintiff did not want her to have access. However, she still gained access into Plaintiff’s room and office.
- Defendant Jessica’s intention of gaining entry into Plaintiff’s room and office was to steal the registration documents of Plaintiff’s vehicle so that she could proceed and forge Plaintiff’s signature on the documents to facilitate the sale, transfer and registration of Plaintiff’s vehicle to another party. That is criminal intent.
- Defendant Jessica is therefore liable for burglary.
- Criminal Conspiracy
- N.J.S.A. 2C:5-2 describes a conspiracy as follows: “A person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission he agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such a crime.
- The above provision includes four elements of criminal conspiracy: there was a crime being planned; there was an agreement between two individuals; the agreement must have involved one of them committing the crime; and there must be an act committed by one individual to help the other.
- Defendant Jessica was planning to steal registration documents for Plaintiff’s vehicle in Plaintiff’s room and office. When she entered Plaintiff’s home, she asked Defendants Jose and Neto SOS Heating to help her gain access to Plaintiff’s room and office.
- Defendants Jose and Neto SOS Heating agreed to help Defendant Jessica gain access to Plaintiff’s room and office. Defendant Jose can be seen helping Defendant Jessica at 06:04:25pm.
- Defendants Jose and Jessica both leave Plaintiff’s home at the same time. They can both be seen leaving at 06:13:23.
- After they left, Defendant Jessica went ahead to forge Plaintiff’s signature on the documents she used to sell Plaintiff’s vehicle.
- Defendants Jose and Neto SOS Heating helped Defendant Jessica gain access to Plaintiff’s room and office so that she could steal vehicle registration documents to forge them. Defendants Jose and Neto SOS Heating are therefore liable for Criminal Conspiracy.
REASONS WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the following reliefs:
- An Order facilitating the return of Plaintiff’s vehicle to Plaintiff;
- Award Plaintiff punitive damages, pre and post judgment interests, costs of this suit and attorney fees as allowed by law;
- Such equitable relief as may be appropriate under the circumstances; and
- Award such further relief as this Honorable Court deems necessary and proper.
71 Beech St.
N. Arlington, NJ 07031
I, Marco Ferreira, being duly sworn depose and say that I am the Plaintiff in the above entitled action, that I have read the foregoing Amended Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this _____ day of ____________________, 2021.
(Printed name of Notary Public)
My Commission Expires: ____________________
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:
(Name of Attorney), Attorney at Law
71 Beech St.
N. Arlington, NJ 07031
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