[Virtual Presenter] SLIDE 1: PLAINTIFF PETITION FOR A PRELIMINARY INJUNCTION.
[Audio] Diahann Grasty hereby files this petition for Preliminary Injunction, and in support thereof avers the following WHEREFORE, Diahann Grasty respectfully request that this honorable court issues a mandatory preliminary injunction enjoining Gocke Capital from defaulting on Loan # 251 and Loan # 258 or the resale or construction of property located in Lot 102 Block IV Area=0.6477 acres and Lot 103 Block IC Area=0.6839 acres located in Lackawaxen Township Pike County, Pennsylvania until this Court has an opportunity to issue a final judgment on the merits.
[Audio] SLIDE 2: COMPLANT Plaintiff is an adult resident of 2280 Hassell Rd, Apt 207 Hoffman Estates, Ill 60169 The Defendant, Gocke Capital, may be served with process of this Court by personal/efile service at 82 Nassau St. #803, New York, New York The Defendant, Geek Pay, may be served with process of this Court by personal/efile service at geekpay.com.
[Audio] SLIDE 3: PRELIMINARY STATEMENT. SLIDE 3: PRELIMINARY STATEMENT.
[Audio] SLIDE 4: FACTUAL BACKGROUND These HOA and Tax fees were demanded by Gocke Capital or potentially by Geek Pay, diverging from the terms initially agreed upon between and the involved parties These balances arose after received a refund for the overcharge of HOA and Tax fees, initially not a part of the written contract realized these discrepancies stemmed from intentional and malicious financial reporting, to recoup on losses obtain from the refund of HOA and Tax fees, not originally indicated in the original written contract agreement, leading to additional overpayments prior to and after March 1, 2023, over payments.
[Audio] SLIDE 5: LEGAL STANDARDS. SLIDE 5: LEGAL STANDARDS.
[Audio] SLIDE 6: ARGUMENT. SLIDE 6: ARGUMENT.
[Audio] I. THE PLAINTIFFS HAVE MADE THE REQUIRED SHOWING FOR A PRELIMINARY INJUNCTION A. Plaintiffs Have Demonstrated and satisfied the necessary requirements for obtaining a preliminary injunction Demonstrating inconsistencies in the accurate data among Gocke Capital spreadsheet, Geek Pay's billing statement, transaction record, and Evolve Bank payment posting, as evidence by Exhibit A, the plaintiff establishes a substantial discrepancy between the presented financial records This divergence indicates a valid concern regarding the accuracy of the data, fulfilling the requisite shown for a preliminary injunction.
[Audio] A LIKELIHOOD OF SUCCESS ON THE MERITS. A LIKELIHOOD OF SUCCESS ON THE MERITS.
[Audio] B. PLAINTIFFS ARE LIKELY TO SUFFER IRREPARABLE HARM IN THE ABSENCE OF PRELIMINARY RELIEF C. The Balance of Equities Favors the Plaintiffs, "Granting the preliminary injunction will result in lesser harm to the defendants compared to the substantial suffering the plaintiff would endure without such relief D. The Issuance of a Preliminary Injunction is in the Public Interest, the issuance of a preliminary injunction is consistent with the public interest.
[Audio] C. THE BALANCE OF EQUITIES FAVORS THE PLAINTIFFS C. The Balance of Equities Favors the Plaintiffs, "Granting the preliminary injunction will result in lesser harm to the defendants compared to the substantial suffering the plaintiff would endure without such relief D. The Issuance of a Preliminary Injunction is in the Public Interest, the issuance of a preliminary injunction is consistent with the public interest This Photo by Unknown author is licensed under CC BY-SA..
[Audio] SLIDE 8: RISK MITIGATION STRATEGIES EXCEL SPREADSHEETS Lot 8 Date Payment Received Gocke Payment Received Additional Payments Geek Pay Payment Processed 04-21-21 10-21-21 01-26-22 12-01-22 a. 200.00 b. 208.00 10-01-23 279.06 279.96 279.96 208.00 200.00 208.00 208.96 449.00 279.96 279.96 ??? 615.80 200.00 208.00 208.00 449.00 TOTAL: $1,661.68 $2,240.72.
[Audio] AN ISSUANCE OF A PRELIMINARY INJUNCTION IS IN THE PUBLIC INTEREST thereby upholding the public interests in fair and transparent commercial practices.
[Audio] SLIDE 7: CONCLUSION For the foregoing reasons, this Court should grant the injunctive relief of the Plaintiff's request Plaintiffs with an opportunity to conduct expedited discovery; and offer such further relief as this Court deems appropriate.
[Audio] SLIDE 12: CONTACT INFORMATION P R O V I D E Y O U R C O N T A C T I N F O R M A T I O N F O R F U R T H E R I N Q U I R I E S.