Tuesday, October 25, 2011

Art Gallagher Turned a Dream Into A Nightmare For Betsy Penrose; Sweet deal on vending truck turned out to be a lemon

Most stories I’ve heard about nightmarish business dealings will at some point usually contain the observation, “If I had known then what I know now, I would have never done business with them.” Betsy Penrose’s account of her experiences with Art Gallagher, the MoreMonmouthMusings.net blogger who currently resides in Monmouth County Jail, was no different. She included this remark when we sat down to discuss the lengthy and expensive turmoil she went through after entering a business agreement with Art. Unlike Art’s recent business activities in an unrelated fraud case in Delaware, Art’s treatment of Betsy has not been given any significant media attention. I thought more people should hear Betsy’s story, and I wanted this blog to provide her with a space to describe her ordeal.

Betsy’s experience with Art took place after she had been unemployed and searching for work, when she eventually decided that she wanted to start her own business. It was a business that she had long dreamed about but never gave much thought to, until it was evident that she was not going to find a job by the time her unemployment insurance ran out. After much discussion with her husband, Betsy decided that she would follow through on her long time dream of operating a food truck.

She started to research her dream by searching on Craig’s List, seeking information on what a food vending truck might cost. Those searches lead her to stumble upon an advertisement seeking individuals that would be interested in partnering up on the operation of one or more vending trucks. This potential opportunity peaked Betsy’s interest and it led her to Gallco Enterprises in Middletown and Art Gallagher, a meeting that turned her dream into a nearly two year long nightmare.

After a few months of back and forth communication and meetings between the two, Betsy thought it better if she just purchased the used vending truck from Art Gallagher and Gallco Enterprises, rather than entering into a further business relationship with him. She placed a $5000 deposit down on a vending truck and had to wait until February 2010, when she refinanced her home before she could give Gallagher another $5000 deposit to take the truck home.

On the day that she went to pick up the vending truck, Betsy was happy and excited to sign paperwork that appeared to be on the up and up, and get started on her new business of selling hotdogs and soup roadside.

It didn’t take long though for that happiness to wear off.

After starting up the truck and then pulling out onto the highway, Betsy noticed that none of the gauges on the dashboard were working. As a precaution, she stopped off to fill the gas tank at the nearest gas station before heading back to her home in Middlesex County. She was flabbergasted when the bill for the tank full of gas cost her $89; she had thought that Gallagher would have filled the tank as a courtesy.

Betsy was forced to stop several times on the way home because the truck was not running properly. The truck had difficulty climbing the incline of the Edison Bridge which spans the Raritan River. As she neared home, Betsy found herself stuck across 4 lanes of traffic after attempting to pull onto her street. The truck lost its steering before she got it home. She immediately called Gallagher to inform him of her situation. Gallagher told her to keep him posted and paid to have the steering fixed. During the course of the next few months however, the vending truck spent more time in the shop than on the road. Betsy Penrose, not even once, was ever able to serve a single hotdog or bowl of soup from the truck.

After giving Gallagher $10,000 and making 3 - payments on the truck, Betsy never gained possession of it. However, she had enough with the lemon that was sold to her, and requested that Gallagher refund her the monies that she had given him.

After several attempts at reclaiming her deposit, Gallagher repeatedly told her that she signed a valid contract and she would not receive any refunds.

Art’s obstructionism was not the only problem Betsy encountered. She contacted the Northern Monmouth County Chamber of Commerce (NMCC), but was told that they could not help her. Betsy’s feelings of frustration and helplessness from not having an operational vending truck and no source of income led her to an unconventional idea for possibly getting her deposits refunded on the vending truck. Betsy turned to the news media; she contacted Howard Thompson of WPIX Channel 11 News.

For those unfamiliar with Howard Thompson’s work, he produces a weekly segment titled "Help Me Howard”, where he helps those who feel they have suffered injustices or have been wronged in someway by unscrupulous, shady business owners or others that provide services, by confronting them on camera and demanding that they live up to the promises that were made to customers or clients.

After speaking with producers, it was decided that Howard Thompson, along with his “Help Me Howard” crew and Betsy, would confront Gallagher in his Middletown office one morning in April of 2010.

When they arrived at Gallco Enterprises, Thompson and his film crew were told that Gallagher was at the diner next store having coffee. As they walked through the entrance of the diner with cameras on, the crew had arrived in time to catch Art Gallagher attempting to flee the diner through the kitchen only to be turned back by employees and return to the booth at which he was sitting. When confronted by Howard Thompson and Betsy Penrose with repeated requests to return her money and make right on the vending truck, Gallagher stated that he had done nothing wrong and that the contract which Penrose had signed was valid. He then called police to get him out of the awkward situation he found himself in.

Before heading back to the studio, Howard Thompson assured Betsy in the parking lot that they had all the video they needed for his report and that his producers would be calling her about an airdate for the segment. When Betsy received the phone call from the producers later that day, she was told that her story would air the following day.

In her excitement to get the word out and expose Art Gallagher as a business person who was not to be trusted, Betsy Penrose made, what in hindsight, turned out to be a big mistake. Betsy called everyone that she could think of.

She called the Northern Monmouth County Chamber of Commerce (NMCC), the online newspaper The Atlantic Highlands Herald, the Two Rivers Times and any other local media or business group that she could think of. She even called the offices of the Monmouth County Democrats. Thompson himself was also promoting the segment on his “Help me Howard” facebook page.

The following day, word leaked back to Art Gallagher through his many friends at the NMCC and Atlantic Highlands Herald, that Betsy was contacting everyone to tune into that evening news. He went into defense mode and called the producers of the Howard Thompson’s “Help Me Howard” segment and WPIX to threaten legal action.

That night when Betsy turned on the news, looking to watch Thompson, Gallagher, and herself, she was dumbfounded and confused as to why the segment wasn’t aired. She called the producers the following day.

The producers assured her that the WPIX legal department signed off on the airing of the program segment but someone at the station had decided not to air it. When she pushed the matter further and questioned why someone would have pulled the segment after being approved by legal, she was told, “Let’s just say, Mr. Gallagher used all the right buzz words”.

Upset and disappointed, and feeling that Gallagher had robbed her once again, she decided that her final recourse was through the courts. Betsy cashed in her small pension that she had earned while working for the U.S. Postal Service, hired a lawyer and filed a civil suit against Gallco Enterprises to recoup her deposit and the 3 loan payments she had made on the vending truck.

Over the course of the next year, Gallagher drew out the court proceedings, requesting several postponements. It wasn’t until this past September 24th, that Betsy Penrose finally made it into a courtroom to face her adversary. However, Gallagher never showed up. The judge ruled in Betsy’s favor and awarded her triple damages, which equated to a judgment of more than $40,000 against Gallco Enterprises and Art Gallagher.

Betsy’s feelings of relief after the judgment were short lived. She quickly found out that, more than likely, she would never collect the money owed her. Gallagher had filed for Chapter 7-bankruptcy protection on July 14th, which seems to explain why he didn’t show up in court that day.

Penrose is not the only person that has gone to court with Gallagher this year. A quick Google search of court proceedings showed that Gallagher had been in court concerning other civil matters related to his business on 3 earlier occasions this year. He is also scheduled to be in court on Oct. 24th in yet another civil matter, but as he is currently awaiting extradition, it seems unlikely that case will proceed as scheduled.

Needless to say, Betsy deeply regrets getting involved with Gallagher and not checking him out fully before doing business with him. She has always considered herself a trusting person, who has always looked for the good in people as opposed to the bad. Never in her wildest dreams could she have thought that someone would take advantage of her in such a way as Art Gallagher had. It is a mistake that she learned the hard way, but it is a mistake she has vowed never to repeat.

What makes Betsy most upset about her experience is that she was ready to start her business when she bought the truck from him but the long fight over it killed her financially and affected her health. Her unemployment ran out, she amassed a large credit card debt and needed to refinance her mortgage while trying to recover from the setbacks that were caused by Gallagher. And due to the stress that she was under, Betsy spent two weeks hospitalized.

Walking back to her car, Betsy seemed to have resided herself to the fact that she may never recoup the money that she had given Gallagher. She has no money at this time available to hire an attorney in order to pursue a personal civil case against Art Gallagher, but hasn’t ruled out the possibility of doing so in the future. She wants people to know that her motivation for telling her story isn’t to be vindictive. She wants others to learn from her mistakes, so that they can learn from her unfortunate experience and be wary of, in her opinion, unscrupulous business people like Art Gallagher.

18 comments:

Anonymous said...

So Art Gallagher, with litigation and financial problems swirling around his head, had ample time to devote to his truth twisting blog? And the government bashing Republican apologist, after screwing this woman and others, took refuge behind the governmental protections of bankruptcy court?

Ms.Penrose should not beat herself up for not investigating Gallagher before entering into a business relation with him, After all- look at our local Republicans! Have THEY done their due diligence regarding Gallagher?

Mayor Fiore wrote on his blog in The Middletown Patch several months back that Gallagher had a great blog and he urged others to read it. Did HE do his due diligence regarding Gallagher? And if he didn't, is this what we need making the important decisions regarding the future of Middletown?

If elected officials like Fiore sing the praises of Gallagher, why wouldn't Ms. Penrose assume he was an upstanding honest businessman? And if people like Fiore were just 'taken in ' by Gallagher, what does that say about THEIR judgement and use of due diligence?

I hope Ms. Penrose finds some peace and justice after her very unfortunate dealings with this man. It seems he not only didn't care about integrity in business, but didn't mind putting her life in danger by selling her an unsafe vehicle.

Anonymous said...

This is the link to the Fiore blog on Middletown Patch mentioned above-

Also note the comments under the article are rather interesting.

http://middletown-nj.patch.com/blog_posts/politics-doesnt-need-to-be-a-blood-sport

Anonymous said...

Good one oh righteous Democrats. If associations are a reason to not vote for someone, you should all explain supporting Alex Desevo in the primary this year.

Did you all forget about his story?

Pathetic

Rino said...

Anon 1:06 Alex Desevo is not a candidate. Fiore & Murray are.
Your argument is moot.

Anonymous said...

Anon 11:06.

How about the Middletown illusrious Republicans....just a couple of reminders like Mr. Ray O Grady and his shenanigans with the then Freeholder Director Harry Larrison and many others. What about the sexual harassment problems of another TC member.
POT CALLING THE KETTLE BLACK ya'll think,huh???

Cast the first stone and it'll always come back to smack you in your eyeball,idiot! Ya'll got mental illness or something!

Wanna see thugs in action,only had to go watch the TC characters try to threaten and coerce the library trustees. What a scene that was and "you" were absent!

Anonymous said...

Great article, Mike. Art Gallagher was the type of person that turns people off of politics. It's terrible to hear that someone like Betsy had to endure his dishonest business practices. Is there a way to find a lawyer that would represent her in a civil case against Art, either for free or for a reduced price? If I could, I would do it myself. I'd like to think others would feel the same after they read this story. Has she asked around if people would help contribute to that effort? I wish her the best with her business, and I hope her future success will help her forget about her unfortunate dealings with a person like Art.

Legion said...

Keeping in mind that the real truth is sometimes elusive in cases like this, Mr. Gallagher has treated this woman shabbily, and I think that he needs to make an attempt to correct this.

There are arguments about "let the buyer beware" and stuff like that, but legitimate businessmen and women do NOT act like this.

I hope this gets fixed. I wouldn't want to do business of any kind with Mr. Gallagher if there's any truth at all in this (which is, unfortunately likely).

I've got to believe that justice will be served.

MiddletownMike said...

Legion,

I only scratched the surface on Betsy's story. It is much more complex than I wrote about.

Anonymous said...

wonder how this case turned out for art
http://www.paed.uscourts.gov/documents/opinions/11D0115P.pdf

Anonymous said...

anybody who knows anything about the leasing business knows that the leasing company does not give a warranty. If it is a used vehicle there is no warranty and if it is new the warranty comes from the manufacturer.

Anonymous said...

Art is just another victim of the Obama economy. He used the laws available to him. Oh well. Poor roach coach lady is also a victim of Obama. Call Howard about that.

Anonymous said...

Gallagher has been under fire by several local Highlands Republicans for some time now. In fact, due to his unscrupulous behavior he was even banned from Meetings of the Highlands Republican Club. Last year, while serving as the chairman, he lost his Republican Committee seat in the Republican primary along with the majority of his slate of candidates.
Highlands mainstream Republicans have been distancing themselves and attempting to warn Republican higher ups, about Gallagher for some time now.
Until his most recent legal troubles Gallagher was running as an independent candidate for town council. He was supported by his friends Mayor Frank Nolan, and Councilman Rick O'neil who had Gallagher for council signs plastered all over their homes. The day it came out Galalgher was arrested these signs promptly disappeared!
Now Gallagher is in jail and this surprises no one that has had dealings with this guy. However, a small handful of supporters continue to defend Gallagher even faced with the facts of the present case against him, and in light of stories like the one posted on this blog.
There are plenty of people that have suffered at the hands of Gallagher, including myself.
I can only hope he gets what he so rightfully deserves! I hope he enjoys his time in the big house!

Heraclitus said...

Mike, Art Gallagher had a bail reduction hearing today before Judge Scully. I was at the hearing. This is what I saw and reported on Art's blog ...

Judge Scully lowered Art Gallagher's bail to $150,000 without a 10% option. Art looked like someone punched him in the stomach when the judge issued his ruling. Art's wife wept as the judge announced the lower bail. From the look on Art' face, I don't think Art or his family will be posting the new, lower bail.

The hearing was interesting to watch. Art was dressed in a green jump suit over a white thermal shirt. He was handcuffed and chained to to a fugitive from New York, some guy named Prisco. Art was very scared of the guy he was chained to. Art was required to stand in the jury box during the 10 minute proceeding.

Art's lawyer, Michael Laffey, was out of his league. Despite the fact that the judge lowered the bail somewhat, Laffey was unable to answer some of the judge's questions. The judge shook his head and seemed to laugh a little when Laffey suggested that repossessions often take place in the middle of the night and without going through the proper proceedures first. Laffey very much looked like the amatuer that he is. At one pointed Laffey started talking about a newspaper article that appeared in some Delaware newspaper while the judge rolled his eyes. I actually felt sorry for Michael Laffey. Laffey was literally trembling before and during the hearing. When the hearing was over, Laffey rushed out of the courtroom and stood in the hall. He did this without first consoling or even speaking with Art's wife or supporters. Laffey looked liked he was going to throw up as he collected himself in that hallway. Art blew a kiss to his wife before being led out of the courtroom in chains. He looked like he was crying as they led him away.

I counted 5 people that looked like they were in the courtroom to support Art Gallagher. Art's wife, Lori, sat next to an older man that I presume was Art's father. Art's wife also sat next to an older guy in a cheap suit. This guy was beyond creepy. He kept massaging Lori Gallagher's neck and back. It was quite clear that Mrs. Gallagher was very uncomfortable with this guy touching her. There were a couple of older women that sat in the second row -- an obese woman that read the paper the whole time and a skinny older lady who looked confused.

The prosecutor was a very professional black lady. She kicked Michael Laffey's ass in that courtroom. The prosecutor pointed out that Art knew for about 30 days that he would be charged in Delaware. Art was invited by the cops in Delaware to turn himself in. Art refused to do so, forcing the Delaware cops to obtain the fugitive warrant. That fact that Art didn't turn himself in when he had the chance to do so weighed heavily on the judge's mind. The judge also pointed out that if Art were charged with these crimes in New Jersey, they would be Second Degree crimes. The judge pointed out that if convicted, Art Gallagher is facing many years in prison

MiddletownMike said...

Heraclitus,

Thanks for the update. I may post your report on the main page of the blog.

From what I understand, Art's chances of having his bail reduced along with a 10% option was very unlikely. When crimes are committed across state lines the 10% option is no longer available to offenders. It was a nice try though.

Heraclitus said...

No problem, Mike. I'm a big fan of your blog site. Feel free to do whatever you like with what I wrote. I'm glad to help out in anyway.

Heraclitus said...

What I wrote on Art Gallagher's blog was removed about an hour after I posted it. No surprise there. Thanks again, Mike.

Anonymous said...

Art has been a con man for so long he knows of nothing better,as the leader of FOG (friends of gunnison) the nude beach at sandy hook he collected 10s of thousands of dollars in what he said was to go to the improvement of the beach at sandy hook. The monies went in his pocket and he promoted his own nude cruise on the sandy hook lady in which people were asked to pay for. So again art gallager is a crook and he should spend as much time in prison as is allowed by law. Not hide behing chapter 7 laws that will just hurt the people he screwed over the years.

Anonymous said...

I agree! The group is very divisive and just a cover to drive traffic to his blog. It should be shut down.