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HomeMy WebLinkAbout13-2720 Supreme Co ennsylvania COUi' Como leas For Prothonotary Use Only: Cl< i Mv°er She t 'F a Docket No: S_ t CUfv1BE, 'LND County JA The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction ® Declaration of Taking E -- C Lead Plaintiff's Name: Lead Defendant's Name: DERRICK HEDSTROM e- MOTORS and TOM ELHAJJ T Dollar Amount Requested: 23within arbitration limits I Are money damages requested? CXi Yes 0 No (check one) 0 outside arbitration limits O N Is this a Class Action Suit? 0 Yes ID No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff /Appellant's Attorney: Paul D. Edger, Esquire Check here if you have no attorney (are a Self- Represented JPro Set Liti Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS i 0 Intentional I9 Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment © Motor Vehicle 0❑ Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S Product Liability (does not include 0 Employment Dispute: E mass tort) Discrimination Slander/Libel/ Defamation C Other: Employment Dispute: Other ® Zoning Board E Other: T I ® Other: O MASS TORT 0 Asbestos N © Tobacco Toxic Tort -DES 0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: 0 Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation Declaratory Judgment 0 Ground Rent ® Mandamus ❑ Landlord /Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition ® Replevin 0 Legal 0 Quiet Title © Other: Medical Other: j 0 Other Professional: Updated 1/1/2011 i DERRICK HEDSTROM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA �? c*) V. : CIVIL ACTION �' e e- MOTORS AND TOM ELHAJJ :NO. 2013- Defendants JURY -TRIAL DEMANDED r CD g CD „� �{ NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator, Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240 -6200 C� a_ ��a�osaa LAW OFFICES OF PETER J. RUSSO, P.C. BY: Paul D. Edger, Esquire PA Supreme Court ID: 312713 Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 1.7050 Telephone: (717) 591 -1755 Attorneys for Plaintiff DERRICK HEDSTROM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION e- MOTORS AND TOM ELHAJJ, : NO. 2013- L 9 U I Defendants JURY -TRIAL DEMANDED NOTICE TO PLEAD TO: e- Motors c/o Tom Elhai 1534 West Trindle Road Carlisle, PA 17015 You are hereby notified to file a written response to the enclosed Complaint within twenty (20) days from service hereof or a judgment may be entered against you. R pectfully S bmitted The- aw 956ces of Peter J. Russo, P.C. Peter J. R sso, Esquire PA Supreme Court ID: 72897 Paul D. Edger, Esquire PA Supreme Court ID: 312713 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591 -1755 Date: May 9, 2013 Attorneys for Plaintiff LAW OFFICES OF PETER J. RUSSO, P.C. BY: Paul D. Edger, Esquire PA Supreme Court ID: 312713 Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591 -1755 Attorneys for Plaintiff DERRICK HEDSTROM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION e- MOTORS AND TOM ELHAJJ, : NO. 2013- Defendants JURY -TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Derrick Hedstrom, by and through his attorney, Paul D. Edger, Esquire, and the Law Offices of Peter J. Russo, P.C., and avers the following in support of his Complaint: PARTIES 1. The Plaintiff is Derrick Hedstrom, an adult individual with a recorded address of 11771 7 t Street NE, Cooperstown, North Dakota, 58425. 2. The Defendant is e- Motors, a Pennsylvania company with a registered place of business of 11843 Taylor Road, Shade Gap, Huntingdon County, Pennsylvania 17255. 3. The co- Defendant is Tom Elhajj, an adult individual with a recorded address of 1534 East Trindle Road Carlisle, Cumberland County, Pennsylvania, 17015. 4. At all times related to this matter, the Defendants have done business in the city of Carlisle, County of Cumberland, State of Pennsylvania. OPERATIVE FACTS 5. Plaintiff owns a farm located in Cooperstown, North Dakota. 6. On or around November 1, 2012, Plaintiff began to look online for a pick -up truck, which would be utilized on Plaintiff's farm in North Dakota. 7. On November 21, 2012, Plaintiff was directed to and contacted the Defendant through their eBay web listing, which listed a Dodge Ram 2500 Cummins 12 valve, Item number 230885406316. 8. Plaintiff explained to Defendant, Tom Elhajj, who conducted all communication with the Plaintiff, what Plaintiff was in the market for, specifically, a "work truck" which could be utilized for his farm. 9. Defendant explained to Plaintiff that the truck was "97 Dodge Ram 2500 SLT ext cab 4x4, its all white with gray cloth and all power options, has the 5.9 cummins 12 v diesel engine auto tranny, longbox tow package, it also has the 06 alloy wheels and good tires, runs perfect nice interior, has some paint flaking on the hood, and other minor body imperfections..." A true and correct copy of the communication between the Defendant and Plaintiff dated November 21, 2012, is attached hereto as Exhibit "A." 10. Defendant again contacted the Plaintiff on November 22, 2012, and explained that the car "Runs perfect, good tires brakes etc, nice frame and body..." A true and correct copy of the communication between the Defendant and Plaintiff dated November 22, 2012, is attached hereto as Exhibit `B." 11. Plaintiff and Defendant communicated through email due to Plaintiff s being completely deaf in both ears, which Plaintiff made Defendant aware of upon beginning their communications. 12. Defendant sent to the Plaintiff pictures of the vehicle on or around November 22, 2012. A true and correct copy of the pictures Defendant sent to Plaintiff are attached hereto as Exhibit "C." 13. On November 23, 2012, Defendant contacted the Plaintiff and explained regarding the truck, "I'm a diesel mechanic so I went all over the truck mechanically tuned up the injection pump so it has real nice power and starts fast, new filters and fluids, serviced the tranny, lubed the chassis, made sure all electric and batteries are in order and no codes stored. Very sound mechanically, there is some surface rust that would probably just wax off in the normal areas like you said..." A true and correct copy of the November 23, 2012, communication is attached hereto as Exhibit "D." 14. Defendant again contacted the Plaintiff on November 23, 2012, and stated, "Mechanically as I stated earlier, I went all over it. Tires and brakes are good, filters and fluids are new, I put on a new track bar (long ty rod end), tranny and engine are perfect, all interior options and gauges working including a/c and heat, nothing needed mechanically at all." A true and correct copy of the November 23, 2012, communication is attached hereto as Exhibit "E." 15. Plaintiff and Defendant agreed to a purchase price of Nine Thousand and 00 /100 ($9,000.00) Dollars, including a three (3 %) percent service fee due to the online payment option through PayPal. 16. At no time during any communications between the Plaintiff and the Defendant did the Defendant state that the sale and purchase of the vehicle was to be "as -is." f 17. Not until the Plaintiff received the bill of sale in the mail on or around November 27, 2012, was Plaintiff made aware of the vehicle being sold "as -is no warranty." A true and correct copy of the bill of sale is attached hereto as Exhibit "F." 18. On November 23, 2012, Plaintiff sent to the Defendant a deposit in the amount of Five Hundred and 00 /100 ($500.00) Dollars to secure title to the truck. 19. Plaintiff later transferred the remaining balance of Eight Thousand Five Hundred and 00 /100 ($8,500.00) Dollars on the evening of November 23, 2012. 20. On November 27, 2012, around 10:00 p.m., Plaintiff s Shipper, Dale Hoffman, of "At Last Enterprises" (herein referred to as "Shipper ") picked up the vehicle from Defendant's lot in Carlisle. 21. Shipper, upon meeting with Plaintiff at the vehicles arrival on November 30, 2012, went over the issues with the mechanical aspects of the vehicle the shipper experienced when loading the vehicle at the Defendant's lot. 22. Upon the shipper confirming his concerns, Plaintiff immediately noted that many of the assurances Plaintiff made regarding the condition of the vehicle were completely false, and that the truck Plaintiff purchased was in need of major repair. 23. Plaintiff noted seven areas of concern to Defendant immediately upon delivery of the vehicle, including: - No S &B Cold air intake system; - Rust was not only on the surface but impacted the body of the vehicle; - Transmission slips; - Hard /difficult to start vehicle; - Brakes and steering very difficult; 1. - Fuel filler neck hose leaking; - Electric door locks do not work. A true and correct copy of Plaintiffs communication to Defendant regarding the issues surrounding the truck's condition is attached hereto as Exhibit "G." 24. Upon Plaintiff discovering the vehicle to be in poor shape and not in a condition as expressed by the Defendant, Plaintiff brought the vehicle to Josh's Collision Center in Park Rapids, Minnesota to inspect the vehicle. 25. Josh's Collision Center noted that the rust was much deeper and much more extensive than the Defendant noted, and actually was completely rusted through the body of the vehicle and not merely "surface rust" as the Defendant explained. 26. Josh's Collision Center gave an estimate to repair the rust to cost approximately Three Thousand Five Hundred Fourteen and 81/100 ($3,514.81) Dollars. 27. Josh's Collision Center referred the vehicle over to an auto service shop, West Side Auto, also located in Park Rapids, Minnesota to inspect the vehicle to bring the vehicle to "par" with the seller's description of the vehicle pre - purchase and running condition. 28. West Side Auto estimated the cost to repair the vehicle to be approximately Eight Thousand One Hundred Thirty -One and 84/100 ($8,131.84) Dollars for the vehicle to be in running condition. A true and correct copy of the estimate by Josh's Collision Center is attached hereto as Exhibit "H." 29. Plaintiff contacted the Defendant and noted the estimated costs to bring the vehicle to running condition. 30. Defendant refused to fix any issues raised by the body shop, other than agreeing to repair the fuel line. 31. Plaintiff rejected Defendant's offer to repair only the fuel line and not address any of the other deficient issues regarding the vehicle. 32. Defendant, after Plaintiff's rejection to have only the fuel line repaired, agreed with Plaintiff to refund all funds paid by the Plaintiff and accept the truck back as a refund. 33. Plaintiff was advised by his bank to file a complaint with PayPal, eBay, and the Pennsylvania Attorney General's Consumer Protection, which Plaintiff did on or around December 5, 2012. 34. On January 15, 2013, Plaintiff contacted the Defendant inquiring into the status of the funds that Defendant agreed to refund. 35. Defendant notified Plaintiff that he no longer agreed to return Plaintiffs funds, and "don't have any money right now and no deal now." 36. The vehicle which Defendant sold Plaintiff is unable to be utilized as a vehicle which Plaintiff can safely and adequately utilize upon the roadways of the State of North Dakota or any other State. 37. Plaintiff would have never accepted the vehicle nor executed a contract for sale had Defendant properly expressed the quality of the vehicle subject to sale. 38. Plaintiff has been damaged in an amount which does not exceed the jurisdictional limit for mandatory arbitration and therefore may be heard by arbitration. FIRST CAUSE OF ACTION BREACH OF CONTRACT 39. Plaintiff incorporates the allegations in Paragraphs "1" through "38" of this Complaint, as though set forth in this paragraph at length. 40. In an agreement reached online, Plaintiff agreed to purchase a 1997 Dodge Ram 2500 to which the Defendant would sell to Plaintiff. See Exhibits "A" — ' F." 41. The Defendant agreed to provide a properly maintained vehicle "in good working condition" as verified in the numerous emails between the Defendant and Plaintiff. Id. 42. Plaintiff, in exchange for the contract, agreed to pay to Defendant the sum of Nine Thousand and 00 /100 ($9,000.00) Dollars. See Exhibit "F." 43. The Defendant did not provide a vehicle which matched the description the Defendant assured to Plaintiff through the numerous communications and pictures, and which Plaintiff expected to be purchasing. 44. Instead, Defendant knowingly allowed a poor quality vehicle to be delivered to the Plaintiff, at all times knowing the quality was not what the Plaintiff was expecting. 45. Because Defendant did not provide a quality vehicle, Plaintiff is required to repair the vehicle to a working condition in order to utilize the vehicle. 46. To date, Plaintiff has paid to Defendant Nine Thousand Two Hundred Forty -Six and 80/100 ($9,246.80) Dollars per the terms of the contract. 47. Plaintiff also incurred the cost of shipping the vehicle from Carlisle, Pennsylvania to North Dakota at the sum of One Thousand Two Hundred Seventy -Two and 33/100 ($1,272.33) Dollars. A true and correct copy of the invoice for the shipping is attached as Exhibit "I." 48. Plaintiff also incurred costs to have the vehicle inspected to discover the mechanical issues surrounding the newly purchased vehicle. 49. Harm to Plaintiff caused by the Defendant exceeds Twenty Thousand and 00 /100 ($20,000.00) Dollars. 50. Plaintiff has performed all conditions precedent under the contract. 51. Defendant's failure to tender the proper products due to the disclosures made by Defendant constitutes a breach of contract. 52. As a result of Defendant's breach, Plaintiff has been damaged in an amount exceeding Twenty Thousand and 00 /100 ($20,000.00) Dollars , in addition to attorney's fees. WHEREFORE, Plaintiff requests this Honorable Court to enter Judgment in the Plaintiff's favor and against Defendant e- Motors and Tom Elhajj and award: a. General Damages in an amount exceeding Twenty Thousand and 00 /100 ($20,000.00) Dollars; b. Punitive damages in an amount to be determined by a jury; c. Plaintiff's counsel costs and fees; and d. Any further relief that the Court may find appropriate. SECOND CAUSE OF ACTION UNJUST ENRICHMENT 53. Plaintiff incorporates the allegations in Paragraphs "1" through "52" of this Complaint, as though set forth in this paragraph at length. 54. Plaintiff had paid to Defendant the total of Nine Thousand Two Hundred Forty -Six and 80/100 ($9,246.80) Dollars to Defendant, who has had the use of those proceeds. 55. The use of the proceeds by the Defendant constitutes an unjust enrichment of Defendant at the Plaintiff's expense. 56. Specifically, the cost incurred by the Plaintiff to remediate the damages incurred directly but for the wrongful disclosures of the Defendant on top of the costs paid to the Defendant, and the Defendant's acceptance of the full contract price unjustly enriches the Defendant. 57. As a result of the unjust enrichment of Defendant, Plaintiff has been damaged in an amount in excess of Twenty Thousand and 00 /100 ($20,000.00) Dollars. WHEREFORE, Plaintiff requests this Honorable Court to enter Judgment in the Plaintiff's favor and against Defendant e- Motors and Tom Elhajj and award: a. General Damages in an amount exceeding Twenty Thousand and 00 /100 ($20,000.00) Dollars; b. Punitive damages in an amount to be determined by a jury; c. Plaintiff's counsel costs and fees; and d. Any further relief that the Court may find appropriate. COUNT III FRAUD 58. Plaintiff incorporates the allegations in Paragraphs "1" through "57" of this Complaint, as though set forth in this paragraph at length. 59. Between November 21, 2012, and December 1, 2012, Defendant purposely mislead the Plaintiff as to the quality of the vehicle which Plaintiff was interested in purchasing. 60. The representations made by the Defendants were in fact false. 61. The true facts were that the vehicle needed extensive work completed in order to be in working condition, and was not in fact in "great mechanical condition" as assured by the Defendant. 62. The Defendant knew these allegations as to the condition of the vehicle to be false, and these representations were made by the Defendant with the intent to defraud and deceive Plaintiff into entering into a contract of sale for the purchase of the vehicle. 63. Plaintiff, at the time the assurances were made by the Defendant, and at the time the Plaintiff entered into the contract of sale for the purchase of the vehicle, was unaware of the falsity of the Defendant's representations and believed those representations to be true. 64. Had Plaintiff known of the actual condition of the vehicle compared to the condition as assured by the Defendant, Plaintiff would never have entered into a contract of sale for the purchase of the vehicle. 65. Plaintiff's reliance on Defendant's representations were justified due to Defendant's position as a mechanic, was in actual possession of the vehicle, and his assurances of being a "diesel mechanic" who personally did work on the vehicle himself. 66. As a proximate result of Defendant's fraud and deceit, and the facts herein alleged, Plaintiff has been damaged in an amount exceeding Twenty Thousand and 00 /100 ($20,000.00) Dollars. 67. In doing the acts herein alleged, Defendant acted with oppression, fraud and malice, and Plaintiff is entitled to punitive damages in an amount to be determined by a jury. WHEREFORE, the Plaintiff requests this Honorable Court to enter an award in the Plaintiff's favor and against the Defendants e- Motors and Tom Elhajj as follows: a. General Damages in an amount exceeding Twenty Thousand and 00 /100 ($20,000.00) Dollars; b. Punitive damages in an amount to be determined by a jury; c. Plaintiff's counsel costs and fees; and d. Any further relief that the Court may find appropriate. DEMAND FOR JURY TRIAL Plaintiff hereby demands that the trial of all issues be heard by a Judge sitting with jury. Respectfully submitted, BY: The O c of Peter J. Russo, P.C. Pe er J. R , Esquire PA Supreme Court ID: 72897 Lindsay Gingrich - Maclay, Esquire PA Supreme Court ID: 87954 P Paul D. Edger, Esquire PA Supreme Court ID: 312713 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591 -1755 Date: May 9, 2013 Attorneys for Plaintiff VERIFICATION I, Derrick Hedstrom, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of perjury of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: S"I l© lab )3 Derrick Hedstrom, Plaintiff Exhibit "A" From: Derrick Hedstrom < ilovetoharvestggmail com Date: Wed, Nov 21, 2012 at 5:24 PM To: Deals751 I kaol.com Can u give me details n pictures? Thanks From: < Dea1s7511(a�aol.com > Date: Wed, Nov 21, 2012 at 5:34 PM To: ilovetoharvestggmail com Yes sir, have a real nice 97 Dodge Ram 2500 SLT ext cab 4x4, its all white with gray cloth and all power options, has the 5.9 cummins 12 v diesel engine auto tranny, longbox tow package, it also has the 06 alloy wheels and good tires, runs perfect nice interior, has some paint flaking on the hood, and other minor body imperfections, but cleaned up I'd get 12995.00 for it, only 140K origional miles runs perfect, I'd sacrifice it for 9500 since I have so much work on my hands right now.. I cant get any photos till the weekend will send you one or 2, if your serious I'll sell it to you ... thanks Tom Exhibit "B" From: < Deals7511 aoLcom Date: Thu, Nov 22, 2012 at 7:07 PM To: ilovetoharvestpRmail com Hi This Ram was a local 1 owner, we servaced it for the owner and were trying to buy it for years we finally found him something he liked and traded this in. I sold that red and silver one in 1 day for 12995 so I'm not all that crazy about selling this one so cheap but I offered it I will honor my offer if you like it, it would'nt take much to detail it up to look like the other one. Runs perfect, good tires brakes ect, nice frame and body, you can see the flaked clear coat on hood and roof, has 1 small tear on the driver seat otherwise inside is perfect, I'll give you a day or 2 to decide please let me know I want to get started on it for the lot, also it has that plastic chrome moldings on the bottom we can take that off if you dont like it, just on with 2 sided tape not glue comes right off in a few seconds. Give me a call if need be, 717 991 0568 Tom Exhibit "C" r �" �' ,..�.� �� M �.����..�m.. _ � � ., II��rWinwMUrrwewY/iW C ,�;;� °� 1111irrlhnirrW ,� , IJ�II�I III; r ri � �,� ��� �� ���� �� , .,' ' .� _� �r,� �, .� � � >� � R " °- ,;, t �. �, w ._ �' - � � m. .. .._ . �� . ; �, � � .`- ,. ,� ` �� � � ,. .. r �. � _ >r �.', w �r, , � �� ,,��.. _ r � ate•- .�� . �. �.� ��, `� '�� �� ., � � �; _ - �. ��� � , . �► .� � °' r, .� � �. W '„� ,. •« w a , r a e r E � s,w 1 x w r �� ,� ;�. ,. �� . �. � `"����r.�..�'�. �' 4'. �` a� , -.� . � r� . .� —�„�_ �.�,. II � `be i' �` �� P �� .<- F — u�i3FH l � 1� A "' _^ � ' e 'er � �` „.�^'` �. -« �. µ� _.A _w_.�. a w ." � �.�� „� .,, � �� � � � �� ... .r� �� r �„ n i a �_ Q ,� .��.r r _ r -_ �� �... ��ti �., . ter n q. 3 �:, � r� .} �. �` u � ��, ,..� -�� -- - �� .�� P: �. F , ,.o �.. ����- s �� f .. t ` � f 1 �°~-" �� b � ��. w ,� �. _ s ,_ .w, ,: „- ��, ¢¢ff a� - .. ' F � s� ._ - s s � {� m� ,. Y _ 4 � ���'� t M c � ax y � �, '� � ,e � 3 z � � _ � ^}z 'x n `.: '- # 6 - e'. 4e i-; � � �' .re x 'd` 'a.. fi Fz` � � :_ »�, _r � ,�, ° __ e- � �,. � �. ., r �� { P _.� � � ._ �� . _�; - t .. �,..ti .. � ^^�ua� t ae: - � — � ,v �, ,. . A �.. J�3 4 - i Lt F R: � ry ti�ti ti' i i y r i_ r a� ys e � •tit. 1� a _ y at .s':'ctl.».es`y,[&e'"&s '7= �' ,i IV s e c k k e x � "`-° ..- � �. �G:� - ,� �� � :. �,. ,. ! � � .. -� �. ,�.:,.� � .. p °�' ,. � r "k ,a„' aRa .. w �I ���� k z AR An cl iM- N r J �r MMMMW r� M 4 } � I e F s x p I AA o o f p r " " d, C M @ a_h f f A , Y Y E 1+ a � $ i a € 7 b � V .Y J a ' y 011 Exhibit "D" From: < Deals751 I(i ,aol.com Date: Fri, Nov 23, 2012 at 6:02 AM To: ilovetoharvestggmail.com Sure thing sir, I wanted to get it to you quickly so we can decide to do this or not so I can get working on getting it ready for the lot since the other one sold in 24 hours. Ok mine has a lot of miles less that means a lot for buyers, and as I said title is in hand in my dealership name ready to transfer ... I'm a diesel mechanic so I went all over the truck mechanically tuned up the injection pump so it has real nice power and starts fast, new filters and fluids, servaced the tranny, lubed the chassis, made sure - all electric and batteries and in order and no codes stored. Very sound mechanically, there is some serface rust that would probably just wax off in the normal areas like you said, my painter wants 800 to strip off the paint flaking and other imperfections and paint the whole truck is what I planned to do. Will make a great farm truck without bothering with painting I guess. As far as shipping my rate would be about 1500 as well so no difference on that, I'd work with your shipper you send to get her loaded up. You can figure how you would like to make payment, if we do paypal I'm ok with that but they charge me 3% which you will have to add to the price, or send a check, wire or whatever else you come up with, but just so you know payment up front before I send vehicle or title out. Would like to know before Monday my shop is starting on it then. tom Exhibit "E" From: < Deals751I@aol.com > Date: Fri, Nov 23, 2012 at 9:22 AM To: ilovetoharvestgamail.com Hi sure thing, VIN... 3B7KF23D3VG805950 Mechanically as I stated earlier, I went all over it. Tires and brakes are good, filters and fluids are new, I put on a new track bar (long ty rod end), tranny and engine are perfect, all interior options and gauges working including a/c and heat, nothing needed mechanically at all. thanks Tom Exhibit "F" PRI O F V EHICLE e Motors 1534 W. Trindle Road ACCESSORIES Carlisle, PA 17015 Fax: 717- 258 -6000 affordabletruck @aol.com NAME O1�t..V'vick- - DA iIq t GL STREET I t V\ 5�E SUBTOTAL CITY STATE ZIP 0 t71� > `"> 1 ��1(1 TRADE4N ALLOWANCE 0 N lb 5Q4� PHONE RES. PHONE BUS: CASH DIFFERENCE SALE TAX (6 PLEASE ENTER MY ORDER FOR THE FOLLOWING 14 USED OSW ❑GAR OTRUCK TITLE FEE YEAR MAK�E -y MODEL TYPE LIEN FEE ($5.00) G Q TEMPORARY TAG ($10:00) S ERIAL NO. �3 D3 V (� 'R66 TRANSFER FEE ($6.00) TITLE NO. COLOR 5 3 - 1 13 5.5u" i'� ,0,&_/� wcREASEFEE MILEAGE SALESMAN TO BE DELIVERED ON OR ABOUT LICENSE FEE ( LAL� . wN t ! WARRANTY ENGINE TRANS. PS PB AC 4x4 E. WINDOW P LOG ROOF ! DOCUMENTARY FEE 0 l1� SUBTOTAL TRADE IN UNPAID BALANCE ON TRADE -IN YEAR MAKE MODE L TOTAL SERIAL # LICENSE DEPOSIT, TITLE # COLOR GASH DOWN ON DELIVERY MILEAGE BALANCE VL ^ a t C I e 3 A 14-s i 5 00 W^ (- f cien - Y LIEN HOLDER ADDRESS AMOUNT DUE DATE CONTRACTUAL DISCLOSURE STATEMENT FOR USED VEHICLE ONLY "The information you see on the window form for this vehicle is part of this contract, information on the window form overrides any contrary provisions in the contract of BUYER I sale." CO -BUYER 30 (Check one) I ) ' �-- Extended Penn Warranty [ ) DEALER REPRES T tid Guardian Warranty [ ) No Warranty (As is) Ot er ACCEPTED BY: DATE: PURCHASER'S SIGNATURE X DATE Exhibit "G" From: Derrick Hedstrom < ilovetoharvest@gmail.com > Date: Sat, Dec 1, 2012 at 8:23 AM To: Deals751 1@aol.com Hi Tom, Got the truck yesterday afternoon. I will be real honest here. I am quite disappointed to find the truck in more of a poorer condition than described. The truck is not exactly as you described and as shown in pictures you sent me last week. Sure, I was expecting the truck to be the way it is for a 15 year old truck with the flaws /conditions of truck you described and it would have been all good if described more accurately. I would have turned down the purchase opportunity the way it sits if I knew it was the way it is. I took it for granted with you personally saying you are a diesel mechanic and checked it over and trusted you. I took the truck to the body shop to have my cousin take care of the "surface rust" and get it clear coated which was my first step all along when the truck got here before I proceeded to put a flatbed on it and start its new life here. I'm a stickler for details and there was a reason I asked to be sure of the description of truck along with condition of operational components. This is not a $9000 truck I have here in your own description. There are simply 7 areas of concern: I'm starting with the most important and ending with least important to give you an idea. I)Where is the S &B cold air intake system? I want it. (It was shown in the pictures you sent me and I am enclosing said picture) 2)You stated the rust was surface rust only and probably would wax out. I asked you to be sure along with mentioning to you that the 8 ft bed /rear bumper was not a concern since its going off and this is what you said about waxing out the surface rust on the cab /front fenders. The reality is, the door on the driver side has a eaten away rust hole on the bottom along with cab floor on the bottom of driver side eaten away too. The door on the passenger side is okay but the cab floor on the bottom of passenger side has rust completely eaten through. Front fenders is okay. With the more serious rust issue than you make it out to be, my body shop man will have to cut out the rusted through areas and replace with new sheets of metal along with prepping for priming /painting to correct these issues. This is an added expense beyond the simple waxing out the surface rust as you described. My recommendation? You cover the rusted through repair on the cab /door that my body shop man will do (Includes cutting out rusted areas, prepping for priming, and painting the repaired areas only). 3) Transmission slips. You said the tranny is perfect. You also said tranny was just serviced. This one is a real shocker here. Dale, the shipper, informed me of that the night he picked up the truck right when he left your location. I decided not to say anything at that time until the truck got here to observe in person. My recommendation? You cover the tranny rebuild /replacement. 4)Starts very hard /difficult to start. You said engine was perfect. You also said you tuned up the injection pump so it has real nice power and starts fast. This one is also another real shocker. Dale, the shipper, also informed me of that the night he picked up the truck right when he left your location. I also decided not to say anything at the that time until the truck got here to observe in person. My recommendation? You cover the repair for what it takes to correct this issue. 5)Brakes /steering. You said brakes were good. Brakes seems to be grabbing aggressively hard. Steering has alot of play. Has the famous wandering at highway speeds. This was not mentioned but I knew this was also a flaw that was common and either was corrected or not corrected. And if not corrected, very dangerous to be operating on the highway and something that should have been mentioned. My recommendation? This is not really important and easily fixable. I will not ask you to cover this issue at this time until furthur review. Follow up on that down below. Up to you how you want to do on this. 6)Fuel filler neck hose. I put fuel in it and it leaked fuel to the ground. This was not mentioned. Don't see how you could have missed that if you put fuel in it a few times not too long ago. Will need new filler neck hose as its rusted out bad. My recommendation? Again, not really important and easily fixable.. I will not ask you to cover this issue but surprised this was not mentioned. Up to you what you want to do on this. 7)Electric door locks work to lock but does not work to unlock. You said every interior options working. My recommendation? Again, not really important and if my body shop man is able to correct that issue without anything major replaced, no big deal. Will let you know how that one works out. In summary, beyond the 7 areas of concern, the rest was as expected /described. For this part, I am satsified. I like the truck. I was expecting to get a fresh clearcoat work done and waxing out the rusted areas next week and then throw a flatbed on it, clean up the interior, tune up minor parts we originally did not discuss that could need it(I expected some such as leaking hoses /gaskets and such) and go on my merry way. Just did not expect the truck the way it sits per your description/ as shown in pictures. You being a diesel mechanic for one thing and going over the truck yourself stating the truck is the way you say it is but really isn't. For this reason, I am having trusted local diesel service shop just up the road from the body shop check the truck out first thing Monday morning to look into the hard to start, tranny, braking, and steering issues along with checking out the rest of the truck mechanically. I hope they agree with what you have done to the truck such as new track bar, mechanically tuned up the injection pump, new filters, new fluids, serviced the tranny and lubed the chassis. If it ends up being far from it, that's another thing that will need to be addressed. Again, I'm a real stickler for details and expect to be as you say it is/ pics shown as is. If you work with me on the first 5 concerns, I will be happy. If you work with me beyond the first 5 concerns, I will be even more happy. I am not asking for some money back but rather have you handle the concerns individually. I do like the truck but it needs to be brought up to par to match what you have described. Thank you, Derrick Exhibit "H" Page 1 of 2 West Side Auto Estimate PO Box 928, 1102 1 st St... 18461 Park Rapids, MN 56470 Estimate Ref #18,461 Shop Phone: (218) 237 -7600 Date Printed: 03/28/2013 Fax: (218) 237 -7601 Printed Time: 2:20 pm ASE Master Certified Hat/Ref: 'WE DO IT ALL" Time Promised: Josh's Collision Center 1997 DODGE RAM 2500 L6 5.91- 359CID FI DIESEL T D 14632 150th St VIN: 3B7KF23D3VG805950 Park Rapids, MN 56470 License: Mileage In: 0 Date Written: 03/28/2013 Home: (218) 237 -5660 Work: (218) 237 -5660 Unit #: 8800gvw Mileage Out: 0 Written By: Scott Cell: (218) 684 -0901 DOM: 5/97 Save Old Parts: No Job Name Description Technician Qty List Extended Job #1 AUTOMATIC TRANSMISSION/TRANSAXLE - Labor GEN Work Requested - AUTOMATIC 561.60 TRANSMISSION/•TRANSAXLE - Replace - 47RE - Complete Assembly With Transfer Of Parts Labor GEN Work Requested - Note - With Skid Plate, Add 31.20 Labor GEN Work Requested - Note - To Reverse Flush Cooler 62.40 System, Add Part 4883744AA AUTOMATIC TRANSMISSION/TRANSAXLE - 47RE - 1.00 3,535.00 3,535.00 Transmission ASSY Part 1DEX5 /MULVEHATF AUTOMATIC TRANSMISSION FLUID (qt) 15.00 4.35 65.25 Job Total: 4,255.45 ----------------------------------- Job #2 FUEL TRANSFER PUMP, SENDER & PIPES, FILLER NE... Labor GEN Work Requested - FUEL TRANSFER PUMP - Replace 101.40 - Fuel Transfer Pump Part 4761979 Fuel Transfer Pump 1.00 210.00 210.00 Labor GEN Work Requested - FUEL GAUGE SENDER - Replace 140.40 Part 4797738 FUEL GAUGE SENDER - Fuel Gauge Sending Unit 1.00 98.98 98.98 Labor GEN Work Requested - FUEL FILLER NECK - Replace 31.20 Labor GEN Work Requested - FUEL SUPPLY LINE - Replace - 109.20 High Pressure Line - Rear Part misso FUEL LINES - Tank To Engine 1.00 273.00 273.00 Job Total: 964.18 Job #3 SEALS AND GASKETS - Replace - Front Axle - In... Labor GEN Work Requested - SEALS AND GASKETS - Replace - 514.80 Front Axle - Dana Model 44, 3850 Lb Axle - Inner Seals Part 4137314 SEALS AND GASKETS - Front Axle - Inner Axle Seals 2.00 18.35 36.70 Labor GEN Work Requested - UNIVERSAL JOINTS - Replace - 78.00 Front Axle - Both Sides Part 5003004AB UNIVERSAL JOINTS - Front Axle 100 81.60 163.20 Job Total: 792.70 Job #4 SEALS AND GASKETS - Replace - Rear Axle - Dan... Labor GEN Work Requested - SEALS AND GASKETS - Replace - 62.40 Rear Axle - Dana 60 - Pinion Seal Part avnfm SEALS AND GASKETS - Rear Axle - Dana 60 - Pinion 1.00 37.95 37.95 Seal - Dana 80 Job Total: 100.35 Job #5 VACUUM PUMP - Remove, Reseal & Replace, Repla... Labor GEN Work Requested - VACUUM PUMP - Remove, Reseal 234.00 & Replace, Replace power Steering Pump Part av POWER STEERING PUMP 1.00 149.99 149.99 Page 2 of 2 West Side Auto Estimate PO Box 928, 1102 1 st St... �- 18461 Park Rapids, MN 56470 Estimate Ref #18,461 Shop Phone: (218) 237 -7600 Date Printed: 03/28/2013 Fax: (218) 237 -7601 Printed Time: 2:20 pm ASE Master Certified Hat/Ref: 'WE DO IT ALL" Time Promised: Josh's Collision Center 1997 DODGE RAM 2500 L6 5.91- 359CID FI DIESEL T D 14632 150th St VIN: 3B7KF23D3VG805950 Park Rapids, MN 56470 License: Mileage In: 0 Date Written: 03/28/2013 Home: (218) 237 -5660 Work: (218) 237 -5660 unit #: 8800gvw Mileage Out: 0 Written By: Scott Cell: (218) 684 -0901 DOM: 5/97 Save Old Parts: No Part misso Vacuum Pump Seal Kit 1.00 59.95 59.95 Job Total• 443.94 --------------------------------------------------------------- - - - - -- --- - - - - -- Job #6 BRAKE PADS, ROTORS, CALIPER & HOSES - Replace... Labor GEN Work Requested - BRAKE PADS - Replace - Front 78.00 Labor GEN Work Requested - Note - To R &R or Renew Rotors, 156.00 Add - Both Sides - 8 Studs - Two Piece Labor GEN Work Requested - Note - To Renew Calipers & Hoses, 78.00 Add - Both Sides Part av BRAKE PADS - Front Pads 1.00 56.00 56.00 Part avbrd12 BRAKE ROTORS - Front 2.00 63.00 126.00 Part avaa1 BRAKE CALIPERS - Front 2.00 56.80 113.60 -Part av BRAKE HOSES - Front 2.00 39.00 78.00 Job Total._ 685.60 - - -- - - -- - v.- - -- . _ .._..__ ----- - - - - -- Job #7 Remove and Replace rusted Metal Brake Lines,... Labor GEN Work Requested - Remove and Replace rusted Metal 624.00 Brake Lines, Front To Rear Part msc Brake Lines and Fittings - Front to Rear 1.00 140.00 140.00 Job Total: 764.00 Parts: $5,143.62 Payment Date Type Method Amount Labor: $2,862.60 Sublet: $0.00 Payment Totals: Misc: $0.00 Hazmat: $0.00 Supplies: $125.62 Tax Total: $0.00 Invoice Total: F7$8,131.84 Thank You For Your Business I hereby authorize the above repair work to be done along with the necessary material and hereby grant you and /or your employees permission to operate the car or truck herein described on streets, highways or elsewhere for the purpose of testing and /or inspection. An express mechanic's lien is hereby acknowledged on above car or truck to secure the amount of repairs thereto. Authorized By Date Time f J� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F�LE'D-OF ICE � Jody S Smith Sheriff GH TIHE PR0T 0140TAR �9'��frnt�c�;r���� Chief Deputy 2013 JUN 14 PM 05 Richard W Stewart ~ CUMBERLAND COUNTY Solicitor OMCE OFT'° "hEP1F;: PENNSYLVANIA Derrick Hedstrom Case Number vs. e-Motors(et al.) 2013-2720 SHERIFF'S RETURN OF SERVICE 05/15/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Tom Elhajj, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Huntingdon, Pennsylvania to serve the within Complaint& Notice according to law. 05/16/2013 02:22 PM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Tom Elhajj, Employee,who accepted as"Adult Person in Charge"for e-Motors at 1534 W. Trindle Road, Middlesex Township, Carlisle, PA 17015. RYAN BURGETT, DEPU�� 05/21/2013 10:06 AM-Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Robert Snavley, E-Seller, who accepted as"Adult Person in Charge"for Tom Elhajj at 1534 W.Trindle Road, sex Twp, Carlisle, PA 17015. LLIAM CLINE, DEPUTY 05/22/2013 The requested Complaint&Notice returned by the Sheriff of Huntingdon County, the within named Defendant Tom Elhajj, not found. William G.Walters, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $77.02 SO ANSWERS, June 12,2013 RONWY R ANDERSON, SHERIFF {c}CountySuite Sheriff,7eleosoft.lnc. f. ' DO� SHERIFF' S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA 241 Mifflin Street ER1E Huntingdon, PA 16652 DEPT- Telephone: 814-643-0880 William G.Walters,Sheriff Derrick Hedstrom No. 2720 Term:2013 Vs. Tom Elhajj 11843 Taylor Road Shade Gap, PA 17255 Now, this 22nd day of May 2013 , I am unable to locate the within named defendant, Tom Elhajj ,within my bailiwick, return this Notice and Complaint "NOT FOUND." Reason unable to serve: the defendant has not lived at address given for nearly two year. His address is believed to be 195 Konhaus Road, Mechanicsburg, PA 17050 So Answers, Sworn and subscribed to William . Walters, Sheriff before e this r day of 20 D Ni ole L. Erwin, O ice Secretary Chief Deputy/Deputy Protho o a u c Costs: Rec. & Doc. $9.00 Co otvwEar PEWSYLVAMA Return Not Found ?3S NOTARIAL SEAL Mileage/Postage Tammy S.Foor,Notary Public $60'20 Huntingon Boro,Huntingdon County Surcharge --- My commission expires October 26,2014 Affidavit $5.00 Miscellaneous --- Total Costs $79.20 Paid DERRICK HEDSTROM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION e-MOTORS AND TOM ELHAJJ, : NO. 2013 - 2720 Defendant : : JURY TRIAL DEMANDED NOTICE TO PLEAD r- `.' -' TO Derrick Hedstrom s do Paul D. Edger 5006 East Trindle Road, Ste. 203 -± Mechanicsburg, PA 17050 YOU ARE HERBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTION WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. JACOBSON, JULIUS & MCPARTLAND — Dated: 07/01/2013 Scott M Partland i 19669 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 t DERRICK HEDSTROM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION e-MOTORS AND TOM ELHAJJ, NO. 2013 - 2720 Defendants : JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT AND NOW COME, e-Motors and Tom Elhajj, Defendant, by and through their attorneys, Jacobson, Julius & McPartland, who file this Preliminary Objection to Plaintiff's Complaint, and in support thereof, state as follows: I. PRELIMINARY OBJECTION PURSUANT TO Pa.R.C.P. 1028(a)(1) 1. Pursuant to Pa. R.C.P. 1028(a)(1), a party may preliminarily object to a Complaint for lack of jurisdiction over the subject matter of the action or the person of the defendant... 2. On May 14, 2013, Plaintiff filed a Complaint to the above term and docket number. 3. Plaintiff's Complaint names e-Motors and Tom Elhajj,personally, as defendants. 4. Plaintiff's Complaint arises out of a transaction in which Plaintiff purchased a vehicle from e-Motors via the internet and the website Ebay. 5. Throughout the transaction, Plaintiff did not interact or transact any business with Defendant, Tom Elhajj,personally. 6. Plaintiff was limited in his interactions solely with e-Motors. 7. Defendant, Tom Elhajj, is not the owner of e-Motors; however, he is an employee of this business. 8. Plaintiff has improperly named Tom Elhajj as a co-defendant in this action. WHEREFORE, Defendant, Tom Elhajj, respectfully requests this Honorable Court dismiss him from the Complaint with prejudice and grant such other relief as this Court deems just and appropriate. Respectfully Su. itted, Dated: 07/01/2013 ty- Scott •Partland Attorney I.D.No.: 209669 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 DERRICK HEDSTROM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION e-MOTORS AND TOM ELHAJJ, : NO. 2013 - 2720 Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Scott McPartland, do hereby certify that a copy of the foregoing document was this day served upon the following person in the manner indicated below: FIRST CLASS MAIL Paul D. Edger 5006 East Trindle Road, Ste. 203 Mechanicsburg, PA 17050 DATED: 07/01/2013 11V � Scott c'artland LAW OFFICES OF PETER J.RUSSO,P.C. f `.�rf? ' o BY: Paul D. Edger, Esquire rf�f3 rH01'�fa ';' G PA Supreme Court ID: 312713 JUL 12 Peter J. Russo, Esquire Etl�IQ p 2. 39 PA Supreme Court ID: 72897 PENNS ND 6OU,���� 5006 East Trindle Road, Suite 203 LVA Mechanicsburg,PA 17050 Tel ephone: (717) 591-1755 Attorneys for Plaintiff DERRICK HEDSTROM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION e-MOTORS AND TOM ELHAJJ, : NO. 2013-2720 Defendants . JURY-TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S PRELININARY OBJECTIONS AND NOW, comes the Plaintiff, Derrick Hedstrom, by and through his attorney, Paul D. Edger, Esquire, and the Law Offices of Peter J. Russo, P.C., and avers the following in support of his Answer to Defendant's Preliminary Objections to Plaintiff s Complaint: 1. The averment contained in Paragraph one is a conclusion of law to which no response is required pursuant to Pa.R.Civ.P. 1029(d). 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that the Complaint arises out of a transaction in which the Plaintiff purchased a vehicle through an eBay advertisement. It is denied that the transaction occurred solely between Plaintiff and Defendant e-Motors, as at all times the Plaintiff believed the transaction to occur by, and solely communicated with Tom Elhaj j. 5. Denied. All communications between Plaintiff and Defendants occurred personally by Tom ElhaJ. At no time was any communication listed as "e-Motors" or known to Plaintiff to be e-Motors until the Bill of Sale was received in the mail after purchase of the vehicle. 6. Denied. Plaintiff's interaction throughout the entire 'process, from the initial communication, negotiation of price, and sale was solely with Tom ElhaJ personally and not e-Motors. Plaintiff was not made aware of e-Motor's existence until the Bill of Sale which was delivered following purchase of the vehicle. 7. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment contained in Paragraph seven. As such, the averment is denied and strict proof is demanded. 8. The averment contained in Paragraph eight is a conclusion of law to which no response is required. Should a response be required, it is strictly denied that Plaintiff improperly named Tom ElhaJ as a Defendant in this matter, as the entire transaction regarding this matter was completed solely by Tom ElhaJ. WHEREFORE, the Plaintiff requests this Honorable Court to dismiss Defendant's Preliminary Objections. Respectfully submitt BY: he aw Offl eter J. Russo,P.C. Peter J. Russo, squire PA Supreme Court ID: 72897 (OPaul D. Edger, Esquire PA Supreme Court ID: 312713 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Date: July 12, 2013 Attorneys for Plaintiff DERRICK HEDSTROM, : IN THE COURT OY COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION e-MOTORS AND TOM ELHAJJ, : NO. 2013-2720 Defendants JURY-TRIAL DEMANDED CERTIFICATE OF SERVICE I, Ashley Malcolm, Paralegal, hereby certify that I have on this date served a copy of the foregoing documents upon the person(s) and in the manner indicated below: United States First Class Mail Scott McPartland,Esquire 8150 Derry Street, Suite A Harrisburg,PA 17111 Date: Ashley"m, Paralegal d LAW OFFICES OF PETER J. RUSSO, P.C. T r u ? r, BY: Paul D. Edger, Esquire ?} v + .., PA Supreme Court ID: 312713 Peter J. Russo, Esquire I'+F`+ t,-i( To COUNT PA Supreme Court ID: 72897 �k Lindsay Gingrich-Maclay, Esquire PA Supreme Court ID: 87954 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Attorneys for Plaintiff DERRICK HEDSTROM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION e-MOTORS AND TOM ELHAJJ, : NO. 2013-2720 Defendants : JURY-TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate as Exhibit"A"; (3) no objection to the subpoena has been received, and opposing counsel has waived the twenty-day notice requirement; a copy of the signed waiver is attached hereto as Exhibit "B"; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Respectfully submit -d, BY: • h aw Offgrof Peter J. Russo, P.C. Peter J. Russo, Esquire PA Supreme Court ID: 72897 Lindsay Gingrich-Maclay, Esquire PA Supreme Court ID: 87954 ePaul D. Edger, Esquire PA Supreme Court ID: 312713 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Date: July 24, 2013 Attorneys for Plaintiff EXHIBIT "A" LAW OFFICES OF PETER J.RUSSO,P.C. BY: Paul D. Edger, Esquire PA Supreme Court ID: 312713 Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 East Trindle Road,Suite 203 Mechanicsburg,PA 17050 Telephone: (717)591-1755 Attorneys for Plaintiff DERRICK HEDSTROM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION e-MOTORS AND TOM ELHAJJ, : NO. 2013-2720 Defendants : JURY-TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Plaintiff, Derrick Hedstrom, by and through his attorney, Paul D. Edger, Esquire, and the Law Offices of Peter J. Russo, P.C., intend to serve a subpoena identical to the one that is attached to this notice. You have Twenty (20) Days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made,the subpoena may be served. Respectfully submitted, BY: T aw Ofle!s"eter J.Russo,P.C.• Peter J. Russo,Esquire PA Supreme Court ID: 72897 Lindsay Gingrich-Maclay, Esquire PA Supreme Court ID: 87954 pPaul D. Edger,Esquire PA Supreme Court ID: 312713 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Date:July 17,2013 Attorneys for Plaintiff t . DERRICK HEDSTROM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION e-MOTORS AND TOM ELHAJJ, : NO.2013-2720 Defendants : JURY-TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:e-Bay,Inc. Within twenty(20)days after service of this subpoena,you are ordered by the Court to produce the following documents or things: Any and all documents relating to Seller "Dealsonbay" Item Id: 230885406316 (Dodge: Ram 2500 . Cummins 12 valve).sold to Buyer "hedfarmer" on or around November 23, 2012, specifically the advertisement listing in its entirety. Any and all documents of items sold by "Dealsonbay" for period of August 2012 through April 1, 2013, specifically advertisements posted on eBay in their entirety. At 5006 East Trindle Road,Suite 203,Mechanicsburg,PA 17050 You may deliver or mail legible copies of the document or produce things requested by this subpoena, together with the certificate of compliance,to the party making the request at the address listed above. You have the right to seek,in ad vane,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service,the party seeking this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Paul D. Edger,Esquire ADDRESS: 5006 East Trindle Road,Suite 203 Mechanicsburg,PA 17050 TELEPHONE: (717)591-1755 SUPREME COURT ID# 312713 ATTORNEY FOR: Plaintiff BY THE COURT DATE: 1',(aI�3 '��u��• �cl., Seal of the Court Prothonotary , - _ ,‘/i_ • Deputy EXHIBIT "B" DERRICK HEDSTROM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION e-MOTORS AND TOM ELHAJJ, : NO. 2013-2720 Defendants : JURY-TRIAL DEMANDED WAIVER I, Scott McPartland, Esquire, attorney for Defendants, hereby certify that I have on this day received a copy of the Subpoena to Produce Documents for Discovery Pursuant to Rule 4009.22, Certificate of Compliance and Certificate Prerequisite to Service of a subpoena pursuant to Rule 4009.22 and hereby waive the twenty (20) day notice as I have no objection to this subpoena. Date: //3 - � eat c'artland, Esquire LAW OFFICES OF PETER J. RUSSO, P.C. BY: Paul D. Edger, Esquire PA Supreme Court ID: 312713 Peter J. Russo, Esquire PA Supreme Court ID: 72897 Lindsay Gingrich-Maclay, Esquire PA Supreme Court ID: 87954 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Attorneys for Plaintiff DERRICK HEDSTROM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION e-MOTORS AND TOM ELHAJJ, : NO. 2013-2720 Defendants : JURY-TRIAL DEMANDED CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal hereby certify that I have on this day served a true and correct copy of the Certificate Prerequisite to Service of a subpoena pursuant to Rule 4009.22, upon the following person, in the manner indicated: U.S. First Class Mail: Scott McPartland, Esquire Jacobson, Julius & McPartland 8150 Derry Street, Suite A Harrisburg, PA 17111-5260 Date: 7/d)1026 %wail oupha 'ar. -ga bl- PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE -1 (entire caption must be stated in full) -.03 co en rrt rm w DERRICK HEDSTROM =r71 �'°-. r° vs. r"txQ <Q "0 0-n res; e-MOTORS AND TOM ELHAJJ zo Efr No. 2013 2720 vim�, t., 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants Preliminary Objection to Plaintiffs Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Scott McPartland (Name and Address) 8150 Derry Street, Ste. A, Harrisburg, PA 17111 (b) for defendants: Paul D. Edger (Name and Address) 5006 East Trindle Road, Ste. 203, Mechanicsburg, PA 17050 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 27,2013 �ytt- ure C.arl-174" "air Ha.,d Print your name Defendant Date: 09/06/2013 Attorney for INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. tIL E0_CF F'1; HE € RO¢H'CJN FAR`.` LAW OFFICES OF PETER J.RUSSO,P.C. 211(3 SEP 27 AM ((): 5 3 BY: Paul D. Edger, Esquire PA Supreme Court II.?: 312713 CUMBERLAN D COUNTY Peter J. Russo,Esquire PENNSYLVANIA PA Supreme Court ID: 72897 5006 East Trindle Road, Suite 203 Mechanicsburg,PA 17050 Telephone: (717) 591-1755 Attorneys for Plaintiff DERRICK HEDSTROM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION e-MOTORS AND TOM ELHA.I.J, : NO.2013-2720 Defendants JURY-TRIAL DEMANDED NOTICE TO: eBay, Inc. Corporate Counsel 2145 Hamilton Avenue San Jose,CA 95125 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 1, " LO of 9&AM,,- certify to the best of any knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on 711gt3 (date of subpoena)have been produced. Date: �-� _ p Name: Title: DERRICK HEDSTROM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION e-MOTORS AND TOM ELHAJJ, : NO. 2013 - 2720 Defendant . JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO THE COMPLAINT AND NOW COMES, e-Motors and Tom Elhajj, Defendants, by and through their attorneys, Jacobson, Julius &McPartland, who files this response to Plaintiff's Complaint, whereof the following is a statement: PARTIES CA rri 1. Admitted. < C1 c-7 .X s' 2. Admitted. ' -- `� 3. Denied. It is denied that Tom Elhajj resides at 1534 East Trindle Road, Carlisle, Cumberland County, Pennsylvania, 17015. 4. Admitted. OPERATIVE FACTS 5. Defendants lack knowledge or information sufficient to form a belief as to the truthfulness of the allegations contained in Paragraph 5; therefore, they are denied. 6. Defendants lack knowledge or information sufficient to form a belief as to the truthfulness of the allegations contained in Paragraph 6; therefore, they are denied. 7. Admitted. • 8. Admitted. 9. Admitted. 10. Denied. It is denied that Defendant explained that the car"runs perfect, good tires brakes etc, nice frame and body..." 11. Denied. It is denied that Plaintiff made Defendant aware that he was deaf. 12. Admitted. In further answer, Defendant sent more pictures than are attached as Exhibit"C"plus additional pictures were available on the website. 13. Admitted. 14. Denied. It is denied that Defendant stated the tranny and engine were perfect. 15. Denied. It is denied that Plaintiff and Defendant discussed a three (3%) percent service fee due to the online payment option through PayPal. 16. Denied. It is denied that Defendant did not state that the sale and purchase of the vehicle was to be "as-is." In further answer,the e-Motors website and eBay ad both indicated that the sale was as-is. 17. Denied. It is denied that Plaintiff was not aware of the vehicle being sold"as-is no warranty" until he received the bill of sale. 18. Admitted. 19. Admitted. 20. Admitted. • 21. Defendant lack knowledge or information sufficient to form a belief as to the truthfulness of the allegation contained in Paragraph 21; therefore,they are denied. In further answer,the vehicle had no issues at the time of loading at Defendant's lot. 22. Denied. It is denied that the truck was in need of major repairs when it left Defendant's lot. 23. Defendant lack knowledge or information sufficient to form a belief as to the truthfulness of the allegation contained in Paragraph 23; therefore, they are denied. 24. Defendant lack knowledge or information sufficient to form a belief as to the truthfulness of the allegation contained in Paragraph 24; therefore,they are denied. It is denied that the vehicle was in poor shape and not in a condition as expressed by Defendant. 25. Defendant lack knowledge or information sufficient to form a belief as to the truthfulness of the allegation contained in Paragraph 25; therefore, they are denied. 26. Defendant lack knowledge or information sufficient to form a belief as to the truthfulness of the allegation contained in Paragraph 26;therefore, they are denied. 27. Defendant lack knowledge or information sufficient to form a belief as to the truthfulness of the allegation contained in Paragraph 27; therefore, they are denied. It is denied that the vehicle was not to "par" with seller's description of the vehicle pre-purchase. 28. Defendant lack knowledge or information sufficient to form a belief as to the truthfulness of the allegation contained in Paragraph 28;therefore, they are denied. It is denied that the vehicle was not in running condition. 29. Denied. It is denied that Plaintiff contacted Defendant and noted the estimated costs to bring the vehicle to running condition. 30. Denied. It is denied that Defendant refused to fix any issues. 31. Denied. It is denied that there were other deficient issues regarding the vehicle. 32. Denied. It is denied that Defendant agreed to refund all funds paid by Plaintiff and accept the truck back. 33. Defendant lack knowledge or information sufficient to form a belief as to the truthfulness of the allegation contained in Paragraph 33; therefore, they are denied. In further answer, PayPal, eBay, and the PA Attorney General's Consumer Protection all found in favor of Defendants. 34. Denied. It is denied that Plaintiff contacted Defendant to check on the status of the funds that Defendant agreed to refund. 35. Denied. It is denied that Defendant notified Plaintiff that he no longer agreed to return Plaintiff's funds, and"don't have any money right now and no deal now." 36. Denied. It is denied that the vehicle Defendant sold Plaintiff is unable to be utilized as a vehicle which Plaintiff can safely and adequately utilize upon the roadways of North Dakota or any other State. 37. Denied. It is denied that Defendant did not properly express the quality of the vehicle subject to sale. 38. Denied. It is denied that Plaintiff has been damaged in any amount. FIRST CAUSE OF ACTION BREACH OF CONTRACT 39. No responsive pleading necessary. 40. Admitted. 41. Admitted. 42. Admitted. 43. Denied. It is denied that Defendant did not provide a vehicle which matched the description Defendant assured Plaintiff through the numerous communications and pictures. 44. Denied. It is denied that Defendant knowingly allowed a poor quality vehicle to be delivered to the Plaintiff. 45. Denied. It is denied that Defendant did not provide a quality vehicle. 46. Denied. It is denied that Plaintiff has paid to Defendant $9,246.80. In further response, Plaintiff has paid Defendant$9,000.00. 47. Defendant lack knowledge or information sufficient to form a belief as to the truthfulness of the allegation contained in Paragraph 47; therefore, they are denied. 48. Denied. It is denied that the vehicle had any mechanical issues. 49. Denied. It is denied that Plaintiff has suffered any harm as a result of Defendant. 50. Admitted. 51. Denied. It is denied that Defendant failed to tender the proper products or that Defendant is in breach of contract. 52. Denied. It is denied that Defendant is in breach or that Plaintiff has been damaged. WHEREFORE, Defendants respectfully requests this Honorable Court dismiss Plaintiff's Complaint and grant such other relief as this Court deems just and appropriate. SECOND CAUSE OF ACTION UNJUST ENRICHMENT 53. No responsive pleading required. 54. Denied. It is denied that Plaintiff has paid to Defendant$9,246.80. In further answer, Plaintiff has paid Defendant$9,000.00. 55. Denied. It is denied that Defendant has been unjustly enriched. 56. Denied. It is denied that Defendant has been unjustly enriched. 57. Denied. It is denied that Defendant has been unjustly enriched or that Plaintiff has been damaged. WHEREFORE, Defendants respectfully requests this Honorable Court dismiss Plaintiff's Complaint and grant such other relief as this Court deems just and appropriate. COUNT III FRAUD 58. No responsive pleading required. 59. Denied. It is denied that Defendant purposely mislead Plaintiff as to the quality of the vehicle which Plaintiff was interested in purchasing. 60. Denied. It is denied that the representations made by Defendant were false. 61. Denied. It is denied that the vehicle needed extensive work or that the vehicle was not in great mechanical condition. 62. Denied. It is denied that Defendant made false statements or that Defendant intended to defraud and deceive Plaintiff. 63. Denied. It is denied that Defendant made false statements to Plaintiff. 64. Denied. It is denied that the condition of the vehicle was not as described by Defendant. 65. Defendant lack knowledge or information sufficient to form a belief as to the truthfulness of the allegations contained in Paragraph 65; therefore,they are denied. 66. Denied. It is denied that Defendant acted with fraud or deceit or that Plaintiff has been damaged. 67. Denied. It is denied that Defendant acted with oppression, fraud or malice or that Plaintiff is entitled to punitive damages. WHEREFORE, Defendants respectfully requests this Honorable Court dismiss Plaintiff's Complaint and grant such other relief as this Court deems just and appropriate. Respectfully Submitted, Dated: 10/25/2013 dor,. -% Scott cPartland Attorney I.D.No.: 209669 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 VERIFICATION I, Tom Elhajj,do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge,information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date:j4/27Z3._ By a om Elhajj DERRICK HEDSTROM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • CIVIL ACTION e-MOTORS AND TOM ELHAJJ, • NO. 2013 - 2720 Defendant • • JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Scott McPartland, do hereby certify that a copy of the foregoing document was this day served upon the following person in the manner indicated below: FIRST CLASS MAIL Paul D. Edger 5006 East Trindle Road, Ste. 203 Mechanicsburg, PA 17050 DATED: 10/25/2013 I • • '.rtland