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Home My WebLink About05-1451 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DAVID J. CORDIER DBA Cordier Antiques and Fine Art : Plaintiff Docket No. ()S - /I../S'I CI.()~ L'j~[ vs CIVIL ACTION KEVIN MARTIN, DBA Piece of the Past Inc. Defendant LAW NOTICE 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 1 (800) 990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLV ANIA DAVID J. CORDIER DBA Cordier Antiques and Fine Art : Plaintiff Docket No. ?)S - /4t;;/ e:.,~L~~ vs CIVIL ACTION KEVIN MARTIN, DBA Piece of the Past Inc. Defendant LAW COMPLAINT AND NOW comes, the Plaintiff, by his attorney, Derek 1. Cordier, and files this Complaint for Breach of Contract and Trade Libel. I. Plaintiff is David J. Cordier. and his current place of business is Cordier Antiques and Fine Art located at 829 State Street, Lemoyne, Cumberland County. Pennsylvania 17043. 2. Defendant is Kevin Martin and his current place of business is Piece of the Past, Inc., 9030 West Sahara Avenue, Suite 448, Las Vegas, Nevada 89117. (Piecepast2 is the Defendant's user name on Ebay) 3. Plaintiff is in the business of selling art, antiques, collectables. photographs, and memorabilia via Ebay auctions on the internet. 4. Between August 8, 2004 and August 15,2004, the Defendant placed bids on, and then won, ten (10) lots of various celebrity photographs from the Plaintiff. via Ebay online auctions. 5. The total cost to the Defendant for the ten (10) lots was $4,270.63, plus shipping to equal $4,500.71. (See attached Exhibit A) 6. On September 4, 2004. almost two weeks after winning the auction, the Defendant. contacted the Plaintiff via email to state that a third-party buyer of a similar lot had "condition" problems with the photographs, however the third-party "buyer" never contacted the Plaintiff and left positive feedback for the purchase. 7. Feedback is a public forum on the internet for buyers and sellers that use Ebay to post a positive or negative comment on their experience with their sale or purchase on Ebay. 8. On September 7, 2004, the Plaintiff contacted the Defendant with the condition information and verified it to be per the auction description and inquired as to the payment by the Defendant. 9. The Plaintiff has a clear conditions of sale policy for the return of item listed on Ebay and it states "NOTES: items may be retuned within three business days of receipt NO EXCEPTIONS for a refund of purchase price less shipping and fees. Items shipped via USPS will require a Delivery Confirmation in additions to actual shipping, insurance and $1.00 handling fee." I O. On all postings on Ebay, the Plaintiff clearly states, "PLEASE READ ALL OF OUR POLICIES PRIOR TO BIDDING" and that "Payment to be made within 7 days of close of auction. " 11. Ebay's written policy states "You are agreeing to a contract -- You will enter into a legally binding contract to purchase the item from the seller if you're the winning bidder. You are responsible for reading the full item listing, including the seller's instructions and accepted payment methods. Seller assumes all responsibility for listing this item." 12. On September 7, 2004, Defendant contacted the Plaintiff and stated the items are of no use to him and he would like an agreement to settle the issues, on that date. the Defendant also stated that in the past he had purchased $2,000.00 worth of lots from the Plaintiff and was happy with the items. 13. Plaintiff had buyers remorse in that he states "this has me most worried as I won so many of them and they are for a stores inventory in a mal!." 14. Attempts were made through informal resolution through Ebay, however, the Defendant claimed that the Plaintiff "sold fraudulent and fake autographs." and therefore nothing was resolved. COUNT!. BREACH OF CONTRACT 15. Paragraphs I through 14 hereof are hereby incorporated herein as if fully set forth. 16. On September 8. 2004, the Defendant contacted the Plaintiff with a proposal which stated that he would pay for the posting fees, which amounts to one hundred and twenty-five ($125.00) dollars, and send a signed contract stating he would pay the difference in the sales amount between what he bid and what the lots would sell for in relisting. and stated he would not send the full amount of money as would tie up too much of his money. (See attached Exhibit B) 17. On September 9, 2004, the proposal was accepted by the Plaintiff, with two amendments, First, to send a check for two hundred thirty-six dollars and seventy-four cents ($236.74) to cover all listing and final value fees, and second, to accept the previous offer of sending a credit card number for security purposes and guarantee of payment. (See Exhibit C) 18. On September 9, 2004, the Defendant, accepted the offer by stating the check and credit 2 card number would be sent by Express Mail on September 13, 2004. (See Exhibit D) 19. On September 9. 2004, the Plaintiff replied with an address verification and. based on the the Defendant's representations, the items were relisted on Ebay by the Plaintiff. 20. On September 16, 2004, the Plaintiff, contacted the Defendant and stated "we have not received the Express Mail package. Can you verify the status?" 21. The Plaintiff was contacted by the Defendant's staff on September 17. 2004, to inquire if a check had been received and that it had been sent several days ago". 22. On September 17,2004, the auctions for the items were halted and the Plaintiff was forced, by Defendant's actions, to place "payment not received" notices for the ten items on the Defendant's feedback section on Ebay. 23. The missing check for $236.74 arrived on September 23, 2004, but was not mailed until September 20, 2004. 24. The Plaintiff eventually sold the items at a loss of$3,137.71. WHEREFORE, Plaintiff request a Court to grant Plaintiff damages in excess of $3, 13 7. 71 and a jury trial is demanded. COUNT II. TRADE UBEL 25. Paragraphs 1 through 24 hereof are hereby incorporated herein as if fully set forth. 26. The Defendant, in retaliation, published 10 malicious and false responses to Plaintiffs "payment not received" feedback on the Plaintiff's Feedback section on Ebay and they state: (See attached Exhibit E) a) Items Vastly not as described wefollowed THEIR return polices b) Not honorable.. cheated to leave multiple negative. c) Crooked and dishonorable Ebayers! d) items not nearly as described upset at refund! Watch these people closely' e) Not as described and we used there refund policy. now they get even' f) Dis Honest Ebayers! Watch outjiJr these people g) Soldfake signatures and refused refunds under THEIR own policy' 3 h) BAD BAD EBAYERS.. Buyers BEWARE of these people I i) Cheats and Liars Simple as that. j) One transaction that they lied about they turned into ten negatives. 27. The Defendant, again in retaliation, published 10 malicious and false negative feedbacks on Plaintiffs Feedback section on Ebay and they state: (See attached Exhibit F) a) Not honest/sells bad materials and wont stand behind their own policy's b) Not honest.. bad Ebayers...ask us why... c) These people cannot be trusted I Would not honor their own policies I d) Watch out for these people callus tollfreefor details 888-689-7079 e) Would not honor their own printed refund policies I Not honest f) Watch out for these people... there are not honest I g) Crooked... would not honor their own refund policies WATCH o UTI h) Would not honor their own policies.. BUYERS BEWARE of these people i) Dishonorable..thier word is worthless I j) Selling bad material, changed word on deals DANGER 28. The Defendant abused his privilege to publish feedback on a public forum, by leaving said above falsities. 29. Said falsities were published with malice and the Plaintiff therefore seeks punitive damages, or in the alternative. said falsities were published negligently. 30. Plaintiff has made over six thousand (6000) sales on Ebay. with a 99.8 percent favorable feedback rating and in the year 2004 made four hundred seventy-six thousand eight hundred thirty-five ($476,835.00) dollars in Ebay sales. 31. All of the above feedback statements are libelous and have caused substantial pecuniary harm to the Plaintiffs Ebay business and reputation, in that auction buyers have become skeptical of purchasing from the Plaintiff. due to the false and malicious feedbacks. 4 32. The Plaintiff eventually sold the items at a loss of three thousand one hundred and thirty- seven dollars and seventy-one cents ($3.137.71). 33. Ebay's policy towards libelous feedback is that they require a court order stating that the published language is libelous for removal from the Plaintiffs Ebay feedback section. WHEREFORE, Plaintiff request the Court to order stating that the statements made above arc libelous and the court to grant Plaintiff damages in excess of $35.000.00 against thc Defendant. and a jury trial is demanded. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are madc subject to the penalties of 18 Pa.c,l',.3i~04, relating to unswoj [; si - c tion to authorities. ..Uj~ 3/?/P~ Dav ordier -rfi;;'f' DBA Cordier Antiques and Fine Art. Respectfully submitted by: 7 /k._~ Derek 1. ~ordie, squire s.c. 10# 83' 319 South Front Street lIarrisburg, PA 17104-1621 (717) 919-4002 5 And~le: Checkout: Pending Sales Page lof2 Andale Quicklinks corantique - Sign Out IiIlllI!I COMMUNITY I StTEMAP I UVE (HAT I HElP 8.ndale R~se8lch Tools Auc1100 Tools Storl' Tools Merdtant Solutions .hllanC$> I Lister I C<HmtlJrS 1 Gallery Checkout Email Mana!lOr Feedback! Refunds Start Pending Sales Closed Sales Add Checkout Settings Home >> Auction Tools >> Checkout >> Pending Sales Questions: 1-877-4ANDALE Iuue. with Orde.. Peld through PeyPel:More Pending Sales View learn More customize I -) Filter: Search for: piece in Buyer Email All I Checkout Not Completed I Needs Total Calculation I Needs Payment I Needs Shipment at All Markets I Refresh I 10 Pending Sales found for piece learn More Notice.: I I New Order I [SI Refund Requested Process Closed A.uctions "All Mkt Market ID On-Merket Title / Buyer Emell Qty SKU . Order: 27379285 lIillI Buyer: piecepast1@aol,com ;~ lC01088 .ll>" 6917444275 [SI Approx. 1000 various B&W photos:Steffi Graf and more! '.,;1 lC01090 .,0-" 6917444282 L.::J approx. 1000 b&w photos of different celebrities! lC01091.,ov 6917442892 [SI Approx. 1000 B&W photos: Dustin Hoffman and more! lC01095 "bv' 6917440550 !~J approx. 1000 b&w publicity photos:Meg Ryan and more! i:';"j approx. 1000 b&w lC01094 .,oF 6917440225 pllotos:Hank Williams, lr. and more! lC01092 ..,F 1:';"1 6917438364 0 Large Lot Approx. 1000+ PubliCIty Photos; Celebrities! :';1 6917438348 L__::J Approx. 1000+ B&W Photos of Misc. CelebritIes! ;.,;1 6917438253 ,_:::'.I Huge lot of B&W 8x10 Photos of Various Celebrities! 6917438166 l~ 1000+ Publicity Photos of Various Celebrities; B&W 6917437869 l~J 1000+ 8&W Publicity Pllotos of Celebrities; 8xl0 lC01093 ...,-" JCO 1 096 .ll>' . lC01087 ..." JCO 1 086 ... V' . I Print I Invoice Export to Excel I Combine II Send Em";1... II Request refund... 11 Revoke... I Mark As: I Paid II Shipped I r Paid/Shipped Next Step.: ~ Message [BJ Needs From Buyer Checkout ~U] Calculate Total [iJ [~.j Record Record ~~"- Ship ed Paid P Price Per Sale Next Step Clo.lng Dete P.yment Method Ord.r Totel Stetu. Personal Checkout '$.......] $4,500.71 Checks Completed c___ 1 $504.88 08/15/2004 1 $543.55 08/15/2004 1 $504.87 08/15/2004 1 $438.22 08/15/2004 1 $305.00 08/15/2004 1 $305.00 08/15/2004 1 $575.88 08/15/2004 1 $305.25 08/15/2004 1 $437.99 08/15/2004 1 $349.99 08/15/2004 Exhibit A http://www.andale.comlsal/sal_ sellerconsolemain.jsp?pageNumber=O&msg_ type=&msg=&fiIterV alue... 2/1/2005 Palle ] of 1 -' Ellen Miller .rom: .0: Sent: Subject: <Piecepast1@aoLcom> <emiller@cordierantiques.com> Wednesday, September 08,2004213 PM Re: Question for item #6917444275 - Approx. 1000 various B&W photos:steffi Gr.. Dear Ellen, I would like to propose this: 1. I will send you a check of the posting fees = the $1.31 initial fee + rounding UP the 2.75% for each lot from $100 TO $1000 = $125 total 2. I will send a signed contract stating that I will pay the difference in the sales amount of the items when they sell within 24 hours of the auction ending. 3. I will send a copy of the contract and this email, if you agree, to Square Trade and Power Sellers to insure your piece of mind. 4. Your wanting us to pay the full amount of money would tie up too much of our company's money for too long. If you like we could talk to your consignor on your behalf As for listening to the other person, they mentioned that of the 1000 they received, most were marked and that would be unSUITable for our use. I am sorry for the problem and thank you for wanting to work it out with us. Kevin . Exhibit B . 1/24/2005 Page] of] Ellen Miller .rom: 0: Sent: Subject: "Ellen Miller" <emiller@cordierantiques.com> <Piecepast1@aol.com> Wednesday, September 08, 2004408 PM Re: Question for item #6917444275 - Approx. 1000 various B&W photos:Steffi Gr. Dear Kevin, Thanks for your prompt reply, we appreciate it. We accept your proposal but request two adjustments: to send a check for $236.74 which covers all our listing and final value fees for the items and to accept your offer to provide a credit card number for security purposes. Thanks. Regards, Exhibit C Ellen Miller Cordier Antiques & Fine Art mn Original Message ___n From: pjgggQa_$t1 @"gLcom To: emillertCllcordierantiaues.com Sent: Wednesday, September 08, 20043:13 PM Subject: Re: Question for item #6917444275 - Approx. 1000 various B&W photos:Steffi Gr.. Dear Ellen, I would like to propose this: 1. I will send you a check of the posting fees = the $1.31 initial fee + rounding UP the 2.75% for each lot from $100 TO $1000 = $125 total 2. I will send a signed contract stating that I will pay the difference in the sales amount of the items when they sell within 24 hours of the auction ending. 3. I will send a copy of the contract and this email, if you agree, to Square Trade and Power Sellers to insure your piece of mind. 4. Your wanting us to pay the full amount of money would tie up too much of our company's money for too long. If you like we could talk to your consignor on your behalf As for listening to the other person, they mentioned that of the 1000 they received, most were marked and that would be unsuitable for our use. I am sorry for the problem and thank you for wanting to work it out with us. Kevin . 1124/2005 Page] of 1 Ellen Miller .rom: 0: Sent: Subject: <Piecepast1@aol.com> ''''Ellen Miller'" <emiller@cordierantiques.com> Thursday, September 09,20041132 AM Re: Question for item #6917444275 - Approx 1000 various B&W photos:Steffi Gr Certainly 1'vlay we have your address and I \vill send express mail with the understanding that nothing is permitted to be charged on the enclosed credit card except the shortages after the auctions end again should you choose to use it for that purpose. 'lbanks again for understanding in tllis matter Kevin martin . Exhibit 0 . V24/2005 .10 Excellent on all accounts! Warmly recommended! Seller crisci or ( 1644 * ) Than k you! 10 Great to do business with. Accepted personal check Buyer mgdtokyo (177 * ) & shipped item right out. 10 Great transaction. Great to do business with. Exh i bit E http://feedback.ebay.com/ws/eBayISAPI.dl1?ViewFeedback&userid=piecepast2&items=25&page=I6...1 /31/2005 . eBay Member Profile for piecepast2 .ell o!J home pay I services I site map Buy I Sell I MyeBilY I Community Hello, cordierantiques! (Sign out.) I Help I .,.. Back to My eBay Home> Services> Feedback Forum> Member Profile Member Profile: piecepast2 (3674 * )'I'~:Ii'.~me~i Feedback Score: Positive Feedback: Members who left a positive: Members who left a negative: All positive feedback received: Recent Ratings: Past Past Past Month 6 Months 12 Months 10 positive 178 599 1520 o neutral 0 0 " 10 negative 0 10 12 Bid Retractions (Past 6 months): 0 3674 99.8% 1423 3 2808 Learn about \vllat these ilunihers mean Feedback Received From Buyers From Sellers Left for Others 6944 feedback received by piecepast2 (1 mutually withdrawn) Comment From Seller cordierantiques ( 5865 * ) Reply by piecepast2: Dis Honest Ebayers ! Watch out for these people! 10 Payment not received. Seller cordierantiques ( 5865 * ) Reply by piecepast2: Sold fake signatures and refused refunds under THEIR own policy! 10 Payment not received. Payment not received. Seller cordierantiques ( 5865 * ) Reply by piecepast2: BAD BAD EBAYERS..Buyers BEWARE of these people! 10 Payment not received. Seller cordierantiques ( 5865 * ) Reply by piecepast2: Cheats and Liars Simple as that. 10 Payment not received. Seller cordierantiques ( 5865 * ) Reply by piecepast2: One transaction that they lied about they turned into ten negatives! 'OThanks Buyer sig49 (885 * ) Page 1 on Start new search I.~earch 1 Advanced Search 'f'fi=a.s= POWllf.d By ",.:::'~g Member since: Nov-29-00 Location: United States ID History Items for Sate Visit my Store Add to Favorite Sellers Learn more About Me Contact Member Page 16 of 278 -----..., Date I Time Item # Oct-15-0407:33 1m 1 i43!J::(,4 Oct-16-0400:14 Oct-15-0407:33 G!)1743!3166 Oct-16-0400:14 Oct-15-0407:33 691! 4405;,0 Oct-16-0400:15 Oct-15-0407:33 6911'431334t1 Oct-16-0400:15 Oct-15-0407:33 !in 1!~31L:!)i Oct-16-0400:15 Oct-15-0405:45 !Ci21033:))4 Oct-12-0402:22 Private Oct-10-0415:13 :'2.G8513461() Oct-10-0407:12 :.11340993971 eBay Member Profile for piecepast2 o Thank you for fantastic service and great communication! Buyer alisa-?? (65 *) .0 THANK YOU o Item as described A+ Page 2 of3 Oct-18-0419:19 :)'344g,,:> :4.:1 Buyer sports-buyers (880 *) Oct-18-0418:08 11 ~nCiT;~)~: Buyer rich Jynch (54 *) Oct-18-0408:07 b1192U3bGH Buyer bertiefan (215 *) Oct-18-0406:53 3!33G3:'91(j(j Buyer chiefohallorhan ( 138 Oct-17-0420:00 383G(:>B::,ahf1 *) o A fine transaction with a fine seller. Much appreciated!! o Great item, fast delivery, highly recommended I o excellent seller, thank you for a wonderful service, 5 Buyer rockinchicagodave STARS!!!!!!!I!!!!! ( 160 * ) o A+ from UK bidder what a bargain!!! Buyer buyermri (392 '* ) o Excellent buyer to deal with. Would highly recommend. Seller hollywoodvault2 (419,*) CD Payment not received. Seller cordierantiques ( 5865 * ) Reply by piecepas12: Items VASTLY not as described. we followed THEIR return policies! Danger! CD Payment not received. Seller cordierantiques _ ( 5865 * ) Reply by piecepas12: Not honorable..cheated to leave multiple negatives I I CD Payment not received. Seller cordierantiques I (~~*) I Reply by piecepas12: Crooked and dishonorable Ebayers I I CD Payment not received. Seller cordierantiques I ( 5865 * ) I Reply by piecepas12: items not nearly as described upset at refund I Watch these i people closely ! I ! CD Payment not received. I I I I Reply by piecepas12: get even! Seller cordierantiques ( 5865 * ) Not as described and we used their refund policy and now they Page 15 of 278 ~: Previous 11 I 12 I 13 I 14 I 15 I 16 I 17 I 18 I 19 Next , Items per page: 25 Exhibit E Oct-17-0412:50 3tl400'd()(j{J Oct-16-04 12:49\133364""017 Oct-15-0419:05)[i4.1'!!)710(i Oct-15-0407:33 ""1-4A~fl'''' 'u ( ../.:!/ \ I Oct-16-0400:11 Oct-15-0407:33 C;:,i'l '?43'1e69 Oct-16-0400:12 Oct-15-0407:33 691(444211) Oct-16-0400:12 Oct-15-04 07:33 nU11440~!2b Oct-16-0400:13 Oct-15-04 07:33 ccrl /444?8~1 Oct-16-0400:13 Go to page Go: Where would you like to go next? ~: Back to My eBay I Leave feedback I Reply to feedback received eeedback is shown with most-recent comments first. Each comment is attributed to its author who takes full responsibility for the comment. If you have any questions or concerns about a particuiar comment, please contact the author directly by clicking on the author's User ID and then clicking the contact member link. Detailed item information only available for 90 days. http://feedback.ebay.com/ws/eBayISAPI.dll?ViewFeedback&userid=piecepast2&items=25&page= 15 ... 1/31/2005 - eBay Member Profile for cordierantiques .ell I Help I l!J home pay I services i site map Buy I SIIII I MyeBay I Community Hello, cordierantiques! (Sign out) .,;; Back to My eBay Home> Services> Feedback forum> Member Profile Member Profile: cordierantiques (5865 *) ,t'~:Ii'.~ rYe Page 1 of3 Start new search [~!ar:h.J Advanced Search P.,..".d lly ~~~g Recent Ratings: Member since: Sep-18-98 Feedback Score: 5865 Past Past Past Location: United States Positive Feedback: 99.8% Month 6 Months 12 Months ID History Members who left a positive: 5879 o positive 673 1951 2583 Items for Sale Members who left a negative: 14 Add to Favorite Sellers o neutral 1 1 '0 " Learn more About Me All positive feedback received: 7741 o negative 2 13 16 Learn about what tiCtlB numbers mean Bid Retractions (Past 6 months): 0 Contact Member a Not honest/sells bad material and wont stand behind Buyer piecepast2 (3674 * ) their own policy's. Reply by cordierantiques: Buyer didn't pay, broke agreement. We stand behind our policies & listings. a Not honest..bad Ebayers...ask us why... Buyer piecepast2 (3674 * ) Reply by cordierantiques: Buyer broke agreement, refused to complete transactions, buyers remorse. o These people can not be trusted! Would not honor Buyer piecepast2 (3674 * ) their own policies! Reply by cordierantiques: Buyer broke agreement, refused to honor transactions, lied about sending check. a Watch out for these people call us toll free for details Buyer piecepast2 (3674 * ) 888-689-7079 Reply by cordierantiques: Broke agreement, didn't honor transactions, lied about sending check. a Would not honor their own printed refund policies! Buyer piecepast2 (3674 * ) Not honest! Reply by cordierantiques: Buyer refused to send payment so refund policy not an issue, Buyers remorse. Watch out for these people..they are not honest I Buyer piecepast2 (3674 * ) Oct-16-0400:18 G911'11;;12IG' Contact us for information! Reply by cordierantiques: Buyers remorse. We stand behind our listings and policies. Oct-27-0407:03 a Crooked..would not honor their own refund policies Buyer piecepast2 (3674 *) Oct-16-0400:18 n9114402:'5 _WATCH OUT! Exhibit F http://feedback.ebay.comlws/eBayISAPI.dll?ViewFeedback&userid=cordierantiques&items=25&pag...1/31/2005 Feedback Received From Buyers From Sellers Left for Others 7776 feedback received by cordierantiques (0 mutually withdrawn) Comment ....0 Just perfectly marvelous! Would buy from again! .. Thanks! A+++++ o Great items. Fast shipment. A++++ Seller From Buyer cricketlane (592 * ) Buyer dian231 (22 ~ ) Page 50 of 312 Date I Time Item # Oct-16-0423:25 8132571358 Oct-16-04 14:33 2258899182 Oct-16-0400:21 Gil! 7.U82:J3 Oct-27-0406:51 Oct-16-0400:21 691743[U48 Oct-27 -0406:53 OCI-16-0400:20 h',1l4,196110 Oct-27-0406:54 Oct-16-0400:19 HII 14','.<', Hi6 Oct-27-0406:55 Oct-16-0400:19 091743836.1 Oct-27-0406:57 eBay Member Profile for cordierantiques Reply by cordierantiques: Buyers remorse. We stand behind our listings and policies. o Would not honor their own policies..BUYERS Buyer piecepast2 (3674 * ) BEWARE of these people. . Reply by cordierantiques: Buyers remorse. We stand behind our listings and policies. o Dishonorable..their word is worthless I Buyer piecepast2 (3674 * ) Reply by cordierantiques: Buyer broke their word, lied about sending check, broke agreement. o Selling bad material, changed word on deals, Buyer piecepast2 (3674 * ) DANGER Reply by cordierantiques: Buyers remorse. We stand behind our listings and policies. o arrived today thanks, ill put them to good use Buyer vett1701 (341 '* ) o Great product, better than expected, quick shipping, very efficient. THE BEST!!! o Nice Item!-Just as described-Fast Service-Great Communication-Will Buy Again!+++ o Nice gunner wings, as advertised. Smooth transaction. Thank you A+++ o Fine transaction, no problems. Thanks!!! o Thanks o Thanks eo Excellent transaction. o Highly recommended. o Thanks for a neat Mickey book. Buyer rjjljca (161,*) Buyer ron110744 (103,*) Buyer jbryong (63 * ) Buyer rhc3vt (749 '* ) Buyer sig49 (885 *) Buyer sig49 (885 *) Buyer wallij (463,*) Buyer wallij (463 *) Buyer mickeymchaser (447 *) o Love them!! packed very very well & fast delivery :-) Buyer zacwayne (18 ()() A++++ o Nice cards. Bid with confidence. Wish you tool PayPal though. A+++++++++++++++ o scarce tapestry much appreciated, friendly exchange, Buy from cordierantiques! Page 2 of3 Oct-27 -04 07:03 Oct-16-0400:17 ::UII".:I44)7:: Oct-27 -04 07:04 Oct-16-0400:16 O(J 174:rr8t39 Oct-27-0406:59 Oct-16-0400:10 t3917442B92 Oct-27-0407:03 -~ Ocl-15-0421:08 ;'269184/'rr Ocl-15-0419:36 :'2Cic)1'!I)!,/8 Ocl-15-0416:45 :.:('lly/n8'C) Ocl-15-0416:16 (':'70nlfiiJ2 Ocl-15-0409:353:n48il(J!.12 Ocl-15-0405:58 '!1142:'4381 Ocl-15-0405:58 51142247813 Ocl-14-0418:53 Vl29:)[J!:U3 Ocl-14-0418:53 12'; 16::CiCm Ocl-14-0417:16 nOU1:IIOf!U Ocl-14-0415:23 (j11:mO;'Ci70 Buyer titian blonde (1013 *) Ocl-14-0413:55 I02::mOh Buyer mrstugby (889 * ) Page 50 of 312 .,,: PrevIous 46 I 47 I 48 I 49 I 50 I 51 I 52 I 53 I 54 Next+' Items per page: 25 Where would you like to go next? .". Back to My eBay I Leave feedback I Reply to feedback received Ocl-14-0413:22 CiIIOUO:)8hG Go to page Go! eeedback is shown with mosl-recent comments first. Each comment is attribuled 10 ils author who lakes full responsibilily for the comment. If you have any questions or concerns about a particular comment, please contact the author directly by clicking on Ihe author's User ID and then clicking the contact member link. Detailed item information only available for 90 days. Exhibit F http://feedback.ebay .com/ws/eBayISAPI.dll?ViewFeedback&userid=cordierantiques&items=25&pag... 1/31/2005 p0c; ~ f\- VI V\ ?- ~ \) ..0 ~ --~ C Y- :e r 1...-'1 tn_') "~'! , \\ """-.. '. ....~.;,....~.. --~ :!?' __", ,'i"C", . ,r':\ . , t..'~~ -\ r"i 1"- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DAVID J. CORDIER DBA Cordier Antiques and Fine Art : Plaintiff Docket No. 05-1451 vs CIVIL ACTION KEVIN MARTIN, DBA Piece of the Past Inc. Defendant LAW PRAECIPE TO REINSTATE COMPLAINT AND NOW, comes the Plaintiff, David J. Cordier, by and through his attorney, Derek J. Cordier, Esquire and respectfully requests that the above caption Complaint be reinstated. 1. The Complaint was filed in this matter on March 17, 2005 and was docketed at 05- 1451. 2. Out-of-State Service was not effectuated in the ninety day time requirement for out- of-state service. WHEREFORE, the Plaintiff respectfully requests that the Complaint be reinstated. Respectfully submitted by: 0 ...., ~ co> c:. c:~~ < c.n - <-- ::;l c::.:. nifQ ~_,L~ 1'1 -Op:\ '_~[i- N ;~~.) b '..' ::]~:;J ~>." ,.,.C"l 0) '.:~rn :::\ ~~O ...0 % Thomas J. Weber, Esquire I.D.#58853 Michae] F. Socha, Esquire J.D. #200988 GOLDBERG KATZMAN, P_C 320 Market Slreet P. O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161;(717)234-416] (facsimile) Counsel fur Plaintiff DAVID J. CORDIER d/b/a Cordier Antiques and Fine Art, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-LAW v. KEVIN MARTIN, dlb/a Piece of the Past, Inc. NO. 05-1451 Defendant DEFENDANT KEVIN MARTIN'S PRELIMINARY OBJECTIONS Pursuant to Pa. R.C.P. 1028, Defendant Kevin Martin ("Martin"), by and through his attorneys, Goldberg Katzman, P.C., asserts the following Preliminary Objections to Plaintiffs Complaint: 1. Plaintiff initiated suit by filing a Complaint on March 17,2005. 2. Plaintiff filed a Praecipe to Reinstate the Complaint on June 22, 2005. 3. Kevin Martin is an individual residing in Las Vegas, Nevada. 4. Piece of the Past Inc. is a Corporation incorporated under the laws of the State of Nevada. 5. Plaintiffs Complaint, which sets forth two counts based on breach of contract and trade libel, arises out of an online auction on the Ebay Website. LACK OF PERSONAL JURISDICTION 6. The averments contained in paragraphs 1 through 5 of Defendant's Preliminary Objections are incorporated herein as if set forth in their entirety. 7. Pa. R.C.P. 1028(a)(1) authorizes a preliminary objection ifthe Court lack's jurisdiction over the person of the defendant. 8. Issues of venue and jurisdiction in cases involving an out-of-state defendant are governed by 42 Pa.C.S. S 5322. 9. Under 42 Pa.C.S.A. S 5322(b), to be subject to the jurisdiction of a Pennsylvania court, the nonresident defendant must fall within the "minimum contacts" allowed by the United States Constitution and, concomitantly, must satisfy the "minimum contacts" test set forth in International Shoe Co. v. Washington, 326 U.S. 310 (1945); see also Kachur v. YUgO America, Inc., 534 Pa. 316, 632 A.2d 1297 (1993). 10. Martin does not have a place of business in Pennsylvania. II. Martin does not regularly conduct business in Pennsylvania. 12. Martin does not actively solicit business in Pennsylvania. 13. Martin does not have employees working in Pennsylvania, 14. Martin does not regularly ship products into Pennsylvania. 15. In sum, Martin did not avail himself to any ofthe privileges of conducting business in Pennsylvania. WHEREFORE, Defendant Kevin Martin respectfully requests that this Honorable Court enter an order dismissing Plaintiff's Complaint for lack of personal jurisdiction. ,.ODMA IPCDOCSIDOCSI127860\1 2 - IMPROPER VENUE 16. The averments contained in paragraphs I through 15 of Defendant's Preliminary Objections are incorporated herein as if set forth in their entirety. 17. Pa. R.C.P. 1028(a)(1) authorizes a preliminary objection for an improper venue. 18. Pa. R.C.P. 1006(a)(1) provides that "an individual may be brought in and only in a county in which the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose. . ." 19. The cause of action in the instant case did not arise in Cumberland County. 20. The transaction or occurrence upon which Plaintiffs claim is based did not take place in Cumberland County and Martin does not have "minimum contacts" with the current forum. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs complaint for lack of proper venue. DEMURRER 21. The averments contained in paragraphs 1 through 20 of Defendant's Preliminary Objections are incorporated herein as if set forth in their entirety. 22. Pa. R.C.P. 1028(a)(4) authorizes a preliminary objection if a complaint is legally insufficient. 23. Plaintiffs Complaint asserts a claim for breach of contract based upon an alleged contract with Piece of the Past Inc. 24. Plaintiff asserts his causes of action against Kevin Martin as an individual. 25. Plaintiff does not allege that the corporate veil should be pierced. . .DDMA IPC DOCSIDOCSII 2786011 3 26. Therefore, Plaintiff improperly filed suit against Martin as an individual. WHEREFORE, Defendant Kevin Martin requests that this Honorable Court sustain his demurrer and dismiss the Complaint against him. DEMURRER 27. The averments contained in paragraphs 1 through 26 of Defendant's Preliminary Objections are incorporated herein as if set forth in their entirety. 28. Plaintiff states in paragraph 9 of the complaint that "items may be returned within three business days of receipt." 29. Plaintiff never shipped and Martin never received merchandise. 30. Martin's ability to exercise Plaintiff's return policy still exists. 31. Thus, Plaintiffs claim for breach of contract fails as a matter oflaw. WHEREFORE, Defendant, Kevin Martin requests that this Honorable Court sustain his demurrer and dismiss the breach of contract claim against him. Date: 'I ' '\ ')l",~,~ '-I I I , j ,~ , '0 . v..~). GOLUB. ERfnz / Af. P.c. //1 Iyf , L I, Thomas J. Weber, Esquire Attorney I.D. # 58853 Michael F. Socha, Esquire Attorney I.D. #200988 320 Market Street P.O. Box 1268 Harrisburg, PAl 71 08-1268 (717) 234-4161 (717) 234-6808 ( facsimile) Attorneys for Defendant .. DDMAIPCDOCSIDOCSI/278601/ 4 . ~ CERTIFICATE OF SERVICE On this ~ day of {\in'-{ It-VeA ,2005, I certify that a copy of the foregoing was served upon the following party record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Derek J. Cordier, Esquire 319 South Front Street Harrisburg, PA 17104-1621 GOLDBERG KATZMAN, P.c. 1f! ct'{! ~{~ Thomas J. Weber, Esquire Attorney ID #58853 Michael F. Socha, Esquire Supreme Court ID #200988 Attorneys for Defendant i-. C) C.- ...., c=~ ,.-~;..:> c..'" C) ~""'~ -' "":J .,.~ -'.." (-~) C) C: C) " --1 iTi~~ ~'-'<J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DAVID J. CORDIER DBA Cordier Antiques and Fine Art : Plaintiff Docket No. 05-1451 vs CIVIL ACTION KEVIN MARTIN, DBA Piece of the Past Inc. Defendant LAW PLAINTIFF'S ANSWERS TO DEFENDANTS PRELIMINARY OBJECTIONS 1. Admitted. 2. Admitted. 3. Unknown, Kevin Martin has utilized the services of legal counsel in three states, Nevada, Arizona, and Pennsylvania and therefore it is unknown where the Defendant, Kevin Martin resides. 4. Unknown and to be determined upon further discovery. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Unknown and to be determined upon further discovery. I 1. Unknown and to be determined upon further discovery. 12. Unknown and to be determined upon further discovery. 13. Unknown and to be determined upon further discovery. ]4. Unknown and to be determined upon further discovery. 15. Denied, Kevin Martin purchased items from the Plaintiff, a Pennsylvania resident, and then did not abide by the contract or terms of sale and publicly libeled and defamed the Plaintiff, which caused the business owned by the Plaintiff damage in the Commonwealth of Pennsylvania, therefore, minimum contacts have been established and further, the Defendant has caused harm and tortious injury in this Commonwealth and therefore, under 42 Pa.C.S.A. s5322(a)(4) and 5322S(b) personal jurisdiction ovcr the Defendant is proper. WHEREFORE, since the Defendant, Kevin Martin purposefully availed himself to do business in the Commonwealth by purchasing items from the Plaintiff and not abiding by the contract or terms of sale and then publicly libeling and defaming the Plaintiff, has by his actions allowed for personal jurisdiction by the Court of Common Pleas in Cumberland County, Pennsylvania and therefore the Defendant's Preliminary Objection for Lack of Personal Jurisdiction should be dismissed. 16. Admitted. 17. Admitted. 18. Admitted. 19. Denied. The purchase was from a Pennsylvania resident whose place of business is located in Cumberland County Pennsylvania, the Plaintiffs injuries arose in Cumberland County, and therefore, by purposely availing himself to do business with the Plaintit1~ venue in Cumberland County is proper. 20. Denied. Minimum contacts have been established, by purposefully availing himself to do business in the Commonwealth by purchasing items from the Plaintitl and not 2 abiding by the contract or terms of sale and then by publicly libeling and defaming the Plaintiff, the Defendant clearly has minimum contacts with Cumberland County, Pennsylvania. See Zippo Mfg.Co. v. Zippo DOT Com. Inc., 952 F.Supp.1119 (1997). WHEREFORE, the Defendant purposely availed himself to do business in Cumberland County and therefore the Defendant's Preliminary Objection as to Venue should be dismissed. 21. Admitted. 22. Admitted. 23. Admitted. 24. Admitted. 25. Admitted and denied, the Plaintiffs Complaint does not allege the corporate veil should be pierced, however, such is an issue to be determined by further discovery and is not appropriate for a preliminary objection, especially under the circumstances that it is unknown whether the Defendant is an owner or employee of Piece of the Past Inc. as the Defendant apparently has numerous businesses, numerous residences, and numerous attorneys, as he has evaded service of the Plaintiffs Complaint for months. 26. Kevin Martin was the person who perpetrated the breach of contract, libel and defamation as described in the Complaint and he was either an employee or owner of Piece of the Past, Inc., which is to be determined by further discovery and is certainly not a valid preliminary objection and therefore should be dismissed. 27. Admitted. 28. Admitted. 3 . 29. As per the Contract, payment for said items was never received and thus never shipped. 30. The return policy was offered to the Defendant as an option once payment was received however, said offer was not accepted. 31. Denied, the Plaintiffs breach of contract claim is valid, which shall be proven at trial. WHEREFORE, the Plaintiffs breach of contract claim is valid and the Defendant's Preliminary Objections as to Demurrer should be dismissed. Further, all of the Preliminary Objections filed by the Defendant are frivolous and therefore, the Plaintiff requests attorney fees and costs associated with defending the Preliminary Objections filed by the Defenant. Respectfully submitted by: r-~~/ ~, . r, Esquire Cordier & Brownewell 319 South Front Street Harrisburg, P A 17104-1621 (717) 919-4002 4 1 " """ CERTIFICATE OF SERVICE On this the 26th day of November, 2005, I certify that a copy of the foregoing was served upon the following attorney of record by delivering the same via First Class Mail, addressed as follows: Thomas J. Weber, Esquire Goldberg Katzman 320 Market Street P.O. Box 1268 Harrisburg, P A 17108 r=~ /yL~, 6 ~,:(.\ '--;!- ~.\., () (-,::J "G r".J- c:) v PRAECIPE FOR LISTING CASE FOR ARGUEMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following for the next argument court. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DAVID J. CORDIER DBA Cordier Antiques and Fine Art Plaintiff Docket No. 05-1451-Civil Term vs CIVIL ACTION KEVIN MARTIN, DBA Piece of the Past Inc. Defendant LAW 1. State matter to be argued: Defendant's Preliminary Objections to Plaintiff's Complaint and Plaintiffs Answers to Defendant's Preliminary Objections. 2. The attorneys that will argue the case: Attorney for the Plaintiff: Derek Cordier, Esquire Cordier & Brownewell 319 South Front Street Harrisburg, P A 17104-1621 (71 7) 919-4002 Attorney for the Defendant: Thomas J. Weber, Esquire Goldberg Katzman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 3. I will notify all parties within two days that the case has been listed for argument. 4. Argument court date: April 7th, 2006. Submitted by: r-,..) r-..J . --'~ ,.... ,".' c. Thomas 1. Weber, Esquire LD.#58853 Michael F. Socha, Esquire LD. #200988 GOLDBERG KATZMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161;(717)234-4161 (facsimile) Coun.nd for Defendant DAVID J. CORDIER dlbla Cordier Antiques and Fine Art, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION-LAW KEVIN MARTIN dlb/a Piece ofthe Past, Inc. NO. 05-1451 Defendant PRAECIPE TO LIST CASE FOR ARGUMENT TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the above-captioned case for Argument Court. 1. Matter to be Argued: Defendant's Preliminary Objections to Plaintiffs Complaint and Plaintiffs Answers to Defendant's Preliminary Objections. 2. Attorney to argue case: (a) Attorney for Plaintiff: Derek Cordier, Esquire Cordier & Brownewell 319 South Front Street Harrisburg, PA 17104-1621 (717) 919-4002 (b) Attorney for Defendant: Michael F. Socha, Esquire Goldberg Katzman, P.C. 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108 (717) 234-4161 3. I will notify all parties within two (2) days that the case has been listed for Argument. 4. Argument Court date: Date: s / I/O & . :ODMA IPCDOCS\DOCS\13185 /'11 March 29, 2006. Respectfully submitted, GOLDBERG KATZMAN, P.c. /1tJ ~ Thomas J. Weber Attorney 1.0. #58853 Michael F. Socha Attorney 1.0. #200988 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Attorney for Defendant 2 CERTIFICATE OF SERVICE f"' On this (' day of ('1 ~rc.!.-.. , 2006, I certify that a copy of the foregoing was served upon the following party record by delivering sam(~ in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Derek J. Cordier, Esquire 319 South Front Street Harrisburg,PA 17104-1621 GOLDBERG KATZMAN, P.C. l1tJ ~( Michael F. Socha Supreme Court ID #200988 Attorneys for Defendant DAVID J. CORDIER d/b/a CORDIER ANTIQUES AND FINE ART, PLAINTIFF INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN MARTIN d/b/a PIECE OF THE PAST, INC., DEFENDANT 05-1451 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT ORDER OF COURT AND NOW, this -Z\}~ day of April, 2006, the preliminary objection of defendant based on lack of personal jurisdiction, IS GRANTED. The complaint of plaintiff against defendant, IS DISMISSED. l By the Court, / -' ! ~erek J. Cordier, Esquire 319 South Front Street Harrisburg, PA 17104-1621 For Plaintiff ~mas J. Webber, Esquire ~ Michael F. Socha, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 For Defendant :sal --'-. ['-- (^.... DAVID J. CORDIER d/b/a CORDIER ANTIQUES AND FINE ART, PLAINTIFF INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN MARTIN dlbla PIECE OF THE PAST, INC., DEFENDANT 05-1451 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY, J. AND GUIDO, J. OPINION AND ORDER OF COURT Bayley, J., April 21, 2006:-- On March 17,2005, plaintiff, David J. Cordier dlbla Cordier Antiques and Fine Art, filed a complaint against defendant, Kevin Martin d/b/a Piece of the Past, Inc. Plaintiff avers that defendant's business is located at 9030 West Sahara Avenue, Las Vegas, Nevada. Plaintiff further avers that it is in the business of selling items "via eBay online auctions." Defendant "placed bids totaling $4,270.63 on ten lots of items placed on auction by plaintiff." Defendant subsequently refused to pay plaintiff for the items, so plaintiff did not ship them to defendant. Plaintiff instead resold the items for $3, 137.71/ess than plaintiff bid, which amount plaintiff seeks to recover on a count of breach of contract. Plaintiff seeks additional damages on an allegation that defendant committed trade libel by posting various allegations about him on the Internet. 05-1451 CIVIL TERM Defendant filed several preliminary objections to the complaint, one of which, pursuant to Pa. Rule of Civil Procedure 1 028(a)(1), is lack of personal jurisdiction. The preliminary objections were briefed and argued on March 29, 2006. Plaintiff maintains that the single eBay transaction alleged in the complaint is sufficient to exercise personal jurisdiction over defendant in Pennsylvania because defendant purposefully directed his activities in Pennsylvania by making a purchase from plaintiff in Pennsylvania via eBay. In Kubik v. Letteri, 614 A.2d 1110 (Pa. 1992), the Supreme Court of Pennsylvania, citing Burger King Corporation v. Rudzewicz, 471 U.S. 462 (1985), stated: When a state exercises personal jurisdiction over a non-resident defendant in a suit arising out of or related to the defendant's contacts with the forum, the state is exercising specific jurisdiction. He/icopteros Nacionales de Colombia v. Hall, 466 U.S. 408, 414 n. 8, 104 S.Ct. 1868, 1872 n. 8, 80 L.Ed.2d 404, 411 n. 8 (1984). In Pennsylvania, specific jurisdiction may be asserted over non- resident defendants "to the fullest extent allowed under the Constitution of the United States and may be based on the most minimum contacts with this Commonwealth allowed under the Constitution of the United States." 42 Pa.C.S. S 5322(b) (emphasis added). Specific jurisdiction is at issue in the present matter. Thus, the question becomes what minimum contacts suffice to satisfy the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The standard which must be met by a state in asserting specific personal jurisdiction over a non-resident defendant as articulated in Burger King is clear: (1) the non-resident defendant must have sufficient minimum contacts with the forum state and (2) the assertion of in personam jurisdiction must comport with fair play and substantial justice. Id. The determination of whether this -2- 05-1451 CIVIL TERM standard has been met is not susceptible of any talismanic jurisdictional formula: the facts of each case must always be weighed in determining whether jurisdiction is proper. 471 U.S. at 485-86,105 S.Ct. at 2189,85 L.Ed.2d at 549. The determination of whether sufficient minimum contacts exist is "based on a finding that the 'defendant's conduct and his connection with the forum State are such that he should reasonably anticipate being haled into court there.''' rd. Whether a defendant should reasonably anticipate being haled into court in the forum state is based on defendant purposefully directing his activities at residents of the forum and purposefully availing himself of the privilege of conducting activities within the forum state, thus invoking the benefits and protection of its laws. See Id. Furthermore, "contacts with the forum that are 'random,' 'fortuitous' or 'attenuated are not sufficient for the assertion of personal jurisdiction. . . .''' In Scordato v. Dyess, 73 D. & C.4th 360 (Centre 2005), the Court of Common Pleas of Centre County held that the defendant, a Nevada resident, who sold an alleged defective car to the plaintiff, a Pennsylvania resident, on eBay, did not subject himself to personal jurisdiction in Pennsylvania. In Machulsky v. Hall, 210 F.Supp.2d 531 (D. N.J. 2002), the plaintiff, a New Jersey resident, operated a coin business via eBay. Plaintiff sued three non-resident defendant purchasers who allegedly conspired together to cause her economic injury by ruining her coin business. Plaintiff alleged that defendant Liebrandt, an Oregon resident, did not return purchased coins to plaintiff as agreed upon, and because she refused to refund Liebrandt's payment, Liebrandt posted negative comments on eBay's customer feedback page. Defendant Knaack, an -3- 05-1451 CIVIL TERM Alaska resident, allegedly made four separate purchases and never received them, resulting in the filing of a fraud report on eBay. Defendant Hall, a Georgia resident, posted a negative comment on eBay after plaintiff denied Hall's refund requests. The District Court examined "the level of interactivity and commercial nature of the exchange in order to determine the propriety of exercising personal jurisdiction." It stated that, "when a defendant merely posts information or advertisements on a Web site, however, personal jurisdiction over such defendant is not proper." Other factors to consider were the duration of defendant's relationship with the respective state and the nature and extent of a defendant's commercial and business transactions vis-a-vis the forum state through the Internet. The court stated: . . . decisions in this area of law indicate that commercial activity via the Internet must be substantially more regular and pervasive to constitute "purposeful availment of doing business" within a given state. Compare Desktop Tech., 1999 WL 98572, at *5-*6 (finding in internet advertising case where the defendant's internet presence and e-mail link are its only contacts with Pennsylvania, that there must be "something more" than simply registering someone else's trademark as a domain name and posting a Web site on the Internet to demonstrate that the defendant directed its activity towards the forum state) with Zippo, 952 F.Supp. at 1125- 26 (exercise of personal jurisdiction found proper because defendant contracted online with seven Internet access providers and approximately 3,000 individuals within the forum); CompuServe, Inc., 89 F.3d at 1264 (defendant had "substantial connection" with forum state when he purchased computer network service via an online contract, transmitted software via the Internet to computer server within the forum, and advertised and sold his product via that system). -4- 05-1451 CIVIL TERM The court held that there was no personal jurisdiction over defendant Liebrandt because a single purchase did not constitute the requisite purposeful availment. Defendant Knaak's four eBay purchases did not constitute a sufficient level of business activity to subject him to personal jurisdiction. Defendant Hall's single online transaction did not rise to a substantial level such that the court could constitutionally exercise personal jurisdiction over him. Utilizing the analysis of the District Court in Machulsky, we conclude, in the case sub judice, that the nature and quality of the defendant's actions via eBay, as alleged by plaintiff, are insufficient to assert personal jurisdiction over him in Pennsylvania. Accordingly, the following order is entered.' ORDER OF COURT AND NOW, this 'Zl f)- day of April, 2006, the preliminary objection of defendant based on lack of personal jurisdiction, IS GRANTED. The complaint of plaintiff against defendant, IS DISMISSED. ,/ By the Court, /' ( Edgar B. Bayley, J. , The resolution makes it unnecessary to address the other issues raised in the preliminary objections of defendant. -5- , 05-1451 CIVIL TERM Derek J. Cordiers, Esquire 319 South Front Street Harrisburg, PA 17104-1621 For Plaintiff Thomas J. Webber, Esquire Michael F. Socha, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 For Defendant :sal -6- (J .' ,. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DAVID J. CORDIER DBA Cordier Antiques and Fine Art : Plaintiff Docket No. 05-1451 vs CIVIL ACTION KEVIN MARTIN, DBA Piece of the Past Inc. Defendant LAW NOTICE OF APPEAL Notice is hereby given that David J. Cordier, DBA Cordier Antiques and Fine Art, Plaintiff above named, hereby appeals to the Superior Court of Pennsylvania from the order and opinion entered on this matter on the 21 st day of April, 2006. This order has been docketed as evidenced by the attached copy of the docket entry. Respectfully submitted by, Alto ey fo the Plaintiff Derek r er, Esq. #83284 319 South Front Street Harrisburg, PAl 71 04- I 621 (717) 919-4002 . . CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Appellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by P A R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: DAVID J. CORDIER D/B/A CORDIER ANTIQUES AND FINE ART VS KEVIN MARTIN D/B/A PIECE OF THE PAST INC. NO. 05-1451 CIVIL TERM 883 MDA 2006 The documents comprising the record have been numbered from No.1 to 55, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 6/ 7 /06. An additional copy of this certificate is enclosed. Please si2:n and date copy. thereby acknowled2:in2: receipt of this record. Date Sigdi6OJJ~~ii!im-fN SUPERIOR COURT JUN 0 9 2006 I ptUt- MIDDll; & e e Among the Records and Proceedings enrolled III the court of Common Pleas in and for the to No. CUMBERLAND 883 MDA 2006 05-1451 CIVIL in the Commonwealth of Pennsylvania county of Term, 19 is contained the following: COPY OF COMPLETE DOCKET ENTRY DAVID J. CORDIER d/b/a CORDIER ANTIQUES AND FINE ART v. KEVIN MARTIN d/b/a PIEC OF THE PAST INC. SEE ATTACHED CERTIFIED DOCKET ENTRIES. Page 1 -11130306072006 ... Cumberland County prothonot.acy1s Office PYS510 .., Civil Case Print 2005-01451 CORDIER DAVID J (vs) MARTIN KEVIN Reference No. . : Case Type.....: COMPLAINT Judgment...... .00 Judge Assigned: BAYLEY EDGAR B Disposed Desc.: . ------------ Case Comments ------------- Filed. . . . . . . . : Time.. . ......: Execution Date Jury Trial. . . . D~sposed Date. Hlgher Crt 1.: Higher Crt 2.: 3/17/2005 3:22 0/00/0000 0/00/0000 883 MDA 2006 ******************************************************************************** General Index Attorney Info CORDIER DAVID J 829 STATE STREET LEMOYNE PA 17043 CORDIER ANTIQUES AND FINE ART 829 STATE STREET LEMOYNE PA 17043 MARTIN KEVIN 9030 WEST SAHARA AVENUE SUITE 448 LAS VEGAS NV 89117 PIECE OF THE PAST INC PLAINTIFF CORDIER DEREK PLAINTIFF CORDIER DEREK DEFENDANT SOCHA MICHAEL F DEFENDANT SOCHA MICHAEL F ******************************************************************************** * Date Entries * ******************************************************************************** J - (tf 3/17/2005 If) 6/22/2005 Iff. - )..0 11/07/2005 }.J-~ 11/30/2005 2.4> 2/22/2006 ).,7 - V1 3/03/2006 30- 3'=' 4/21/2006 3S 5/18/2006 3 7 - '-1--7 5/18/2006 t.fK- 51 5/30/2006 6 )..-55" 5/26/2006 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - COMPLAINT ------------------------------------------------------------------- PRAECIPE TO REINSTATE COMPLAINT DEREK J CORDIER ESQ ------------------------------------------------------------------- DEFENDANT'S KEVIN MARTIN'S PRELIMINARY OBJECTIONS - BY THOMAS J WEBER ESQ ------------------------------------------------------------------- PLAINTIFF'S ANSWER TO DEFT'S PRELIMINARY OBJECTIONS - BY DEREK J CORDIER ESQ ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFT'S PRELIMINARY OBJECTIONS TO PLFF'S COMPLAINT AND PLFF'S ANSWER TO DEFT'S PRELIMINARY OBJECTIONS - BY DEREK CORDIER ESQ ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT BY MICHAEL F SOCHA ESQ FOR DEFT - DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND PLAINTIFF'S ANSWERS TO DEFENDANT'S PRELIMINARY OBJECTIONS ORDER OF COURT - DATED 04-21-06 - IN RE: PRILIMINARY OBJECTION OF DEFT IS GRANTED-COMPLIANT AGAINST PLFF IS DISMISSED - BY EDGAR B BAYLEY J - COPIED AND MAILED 04-24-06 ------------------------------------------------------------------- PROOF OF SERVICE - FOREGOING DOCUMENTS - BY DEREK J CORDIER ATTY ------------------------------------------------------------------- NOTICE OF APPEAL TO SUPERIOR COURT FROM ORDER ENTERED 04-21-06 - BY DEREK CORDIER ATTY-PLFF SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 883 MDA 2006 ------------------------------------------------------------------- ORDER OF COURT - DATED 05-26-06 - IN RE: REQUEST FOR A TRANSCRIPT OF NOTES OF TESTIMONY FROM THE ORAL ARGUMENT CANNOT BE COMPLIED WITH AS THERE WAS NO TESTIMONY AT THE ORAL ARGUMENT AND THERE WAS NO STENOGRAPHIC RECORD MADE OF ORAL ARGUMENT - BY EDGAR B BAYLEY J - COPIES MAILED 05-26-06 6/07/2006 CASE TRANSFERRED TO SUPERIOR COURT OF PA PERSONALLY BY CURTIS R LONG - PROTHONOTARY -----------------------------------------------------------------.-- 6/07/2006 SERVICE OF THE LIST OF RECORD DOCUMENTS TO ALL COUNSEL/PARTIES - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** ~ 11130306072006 . Cumberlan9 ~ounty prothonotl's Office PYS510 Clvll Case Prlnt 2005-01451 CORDIER DAVID J (vs) MARTIN KEVIN Page 2 Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: * Escrow Information * * Fees & Debits Beq Bal Pvmts/Adl End Bal * ******************************************************************************** Reference No. . : Case Type.....: COMPLAINT Judgment...... .00 J~dge Assigned: BAYLEY EDGAR B Dlsposed Desc. : ------------ Case Comments ------------- Filed. . . . . . . . : Time.. ... . . ..: 3/17/2005 3:22 0/00/0000 0/00/0000 883 MDA 2006 COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 APPEAL 30.00 30.00 .00 ------------------------ ------------ 85.50 85.50 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** TRUE ~OPY FROM RECORD , .::;:-~:,i';<Ji1Y whef80f. I here unto set my ha.1d · ""0< <.:""",1 of ....ioA (\10..... ... ",....'..1#0 . \; anil ~ iJQIU ""'I.lJ-.4& \IGI mN1IiiIt Pa. 6L11J~~/~ ~ I Proth ry '~7f e e Commonwealth of Pennsylvania County of Cumberland 1" CURTIS R. LONG I, , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein DAVID J. CORDIER d/b/a CORDIER ANTIQUES AND FINE ART Plaintiff, and KEVIN MARTIN d/b/a PIECE OF THE PAST INC. Defendant _, as the same remains of record before the said Court at No. 05 -1451 of CIVIL Term, A.D. 19_. In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 7th day of UNE A. 0.,19 2009 rothonotary I, EDGAR B. BAYLEY President Judge of the NINTH Judicial District, composed of the County of Cumberland, do certify that CURT IS R. LONG , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of CUMBERLAND in the Commonwealth of Pennsylvania, duly commissioned and . led to II of whose acts as such full faith and credit are and ought to be given as well in Courts of ju . ature as els ere the said record, certificate and attestation are in due form of law and ma th R per of r. \_ rV \ CA~~ Presiden~ udge Commonwealth of Pennsylvania County of Cumberland I" I, CURT IS R. LONG , Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable EDGAR B. BAYLEY by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 7th d of JUNE .0. 19 200.6 Prothonotary tTI (j -. 0 'TI Z Z .., :s 0 0 (1) .., ;:> ;:> ..... '" 3 ~ 0 (1) ..... 3 .., '" (1) c.. t""l ~ ~ :s t""l c.. 3: :!1 "0 ;:r - c.. :.. < "!'J I>'l - (1) ~ .., '" 0 ::: '" ::'l:l t""l "0 ~ ..., ..., (3 0 (1) (1) ;. ::'l:l .., .., 0 0 3 3 = (j 0 ..0 ~ I 0 ..0 ..0 ::: I I ':" %. :s <<' /~ f/-:J:IA. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DAVID J. CORDIER DBA Cordier Antiques and Fine Art Plaintiff Docket No. 05-1451 vs : CIVIL ACTION KEVIN MARTIN, DBA Piece ofthe Past Inc. Defendant LAW APPEARANCES: Derek J. Cordier, Esquire For the Plaintiff Thomas J. Weber, Esquire 1 Michael F. Socha, Esquire Goldberg Katzman For the Defendant PROOF OF SERVICE I hereby certify that I am on this day serving the foregoing documents upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.A.P. 121 : Service in bv First Class United States Postal Service as follows: Thomas J. Weber, Esquire I Michael F. Socha, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Service by Hand Delivery as follows: Honorable Judge Edgar B. Bayley One Courthouse Square Carlisle, PA 17013 Cumberland County District Court Administrator One Courthouse Square Carlisle, PA 17013 Prothonotary One Courthouse Square Carlisle, PA 17013 Official Court Reporter One Courthouse Square Carlisle, PA 17013 Dated: May 18, 2006 Respectfully submitted by, ~ Dere J. Co ier, Esquire #83284 319 So Font Street Harrisburg, PA 17104 (717) 919-4002 PYS511 Cumberland County Prothonotary's O~fice Civil Case Print Page 1 2005-01451 CORDIER DAVID J (vs) MARTIN KEVIN Reference No. . : Case Type.....: COMPLAINT Judgment......: .00 Judge Assigned: BAYLEY EDGAR B Disposed Desc.: ------------ Case Comments ------------- FiJ.ed. ....... : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 3/17/2005 3:22 0/00/0000 0/00/0000 ******************************************************************************** General Index Attorney Info CORDIER DAVID J PLAINTIFF CORDIER DEREK 829 STATE STREET LEMOYNE PA 17043 CORDIER ANTIQUES AND FINE ART PLAINTIFF CORDIER DEREK 829 STATE STREET LEMOYNE PA 17043 MARTIN KEVIN DEFENDANT 9030 WEST SAHARA AVENUE SUITE 448 LAS VEGAS NV 8911 7 PIECE OF THE PAST INC DEFENDANT ******************************************************************************** * Date Entries * ******************************************************************************** 3/17/2005 6/22/2005 11/07/2005 11/30/2005 12/15/2005 2/22/2006 3/03/2006 4/21/2006 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - COMPLAINT ------------------------------------------------------------------- PRAECIPE TO REINSTATE COMPLAINT DEREK J CORDIER ESQ ------------------------------------------------------------------- DEFENDANT'S KEVIN MARTIN'S PRELIMINARY OBJECTIONS - BY THOMAS J WEBER ESQ ------------------------------------------------------------------- PLAINTIFF'S ANSWER TO DEFT'S PRELIMINARY OBJECTIONS - BY DEREK J CORDIER ESQ ------------------------------------------------------------------- SHERIFF'S FILE RETURNED FILED. N Case Type: CRIMINAL SUBPOENA Ret Type.: Regular N Litigant.: JOHNSON THOMAS PHARMACIST N Address..: HENRY'S PHARMACY 54 EAST KING STREET N Cty/St/Zp: SHIPPENSBURG~ PA 17257 N Hna To: TIMOTHY COOK CAbHIER N Shf/Dpty.: ROBERT BITNER N Date/Time: 12/12/2005 1455:00 N Costs....: $0.00 Pd By: 00/00/0000 N -------------------------------------------------------------------N PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFT'S PRELIMINARY OBJECTIONS TO PLFF'S COMPLAINT AND PLFF'S ANSWER TO DEFT'S PRELIMINARY OBJECTIONS - BY DEREK CORDIER ESQ ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT BY MICHAEL F SOCHA ESQ FOR DEFT - DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND PLAINTIFF'S ANSWERS TO DEFENDANT'S PRELIMINARY OBJECTIONS ------------------------------------------------------------------- ORDER OF COURT - DATED 04-21-06 - IN RE: PRILIMINARY OBJECTION OF DEFT IS GRANTED-COMPLIANT AGAINST PLFF IS DISMISSED - BY EDGAR B BAYLEY J - COPIED AND MAILED 04-24-06 - - - - - - - - - - - - - - LAST ENTRY ******************************************************************************** * Escrow Information * * Fees & Debits Beq Bal PvmtS/Adi End Bal * ********************************~********~******~******************************* COMPLAINT TAX ON CMPLT SETTLEMENT AUTOMATION JCP FEE 35.00 .50 5.00 5.00 10.00 35.00 .50 5.00 5.00 10.00 .00 .00 .00 .00 .00 Cumberland County Prothonotary's Office Civil Case Print 2005-01451 CORDIER DAVID J (vs) MARTIN KEVIN PYS511 Page 2 APPEAL 30.00 30.00 ------------------------ 85.50 85.50 Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: .00 3/17/2005 3:22 0/00/0000 0/00/0000 Reference No..: Case Type.....: COMPLAINT Judgment......: .00 Judge Assigned: BAYLEY EDGAR B Disposed Desc. : ------------ Case Comments ------------- .00 ******************************************************************************** * End of Case Information * ******************************************************************************** ,- ., .. ... "0 ,. "...C' ..~D '''''.-.."~-: Cr.....f)V )...'.'."1 s",." '\.~:"''i....'' in . "'".,,--t I"'lro.,t} it ~ tr '....',. -~ _ ,j i ,~\~':;;:"'rt _~~;1-1~, , ~-~~_ j#~\;) >':'\ m~ tta'" ...;; 'iP7::},~~:~~ -- _......d1 Drnt" "... '., ,f''' - "/ , DAVID J. CORDIER d/b/a CORDIER ANTIQUES AND FINE ART, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN MARTIN d/b/a PIECE OF THE PAST, INC., DEFENDANT 05-1451 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT ORDER OF COURT AND NOW, this "ZU\- day of April, 2006, the preliminary objection of defendant based on lack of personal jurisdiction, IS GRANTED. The complaint of plaintiff against defendant, IS DISMISSED. Derek J. Cordier, Esquire 319 South Front Street Harrisburg, PA 17104-1621 For Plaintiff Thomas J. Webber, Esquire Michael F. Socha, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 For Defendant :sal DAVID J. CORDIER d/b/a CORDIER ANTIQUES AND FINE ART, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN MARTIN d/b/a PIECE OF THE PAST, INC., DEFENDANT 05-1451 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY, J. AND GUIDO, J. OPINION AND ORDER OF COURT Bayley, J., April 21,2006:-- On March 17,2005, plaintiff, David J. Cordier d/b/a Cordier Antiques and Fine Art, filed a complaint against defendant, Kevin Martin d/b/a Piece of the Past, Inc. Plaintiff avers that defendant's business is located at 9030 West Sahara Avenue, Las Vegas, Nevada. Plaintiff further avers that it is in the business of selling items "via eBay online auctions." Defendant "placed bids totaling $4,270.63 on ten lots of items placed on auction by plaintiff." Defendant subsequently refused to pay plaintiff for the items, so plaintiff did not ship them to defendant. Plaintiff instead resold the items for $3,137.71 less than plaintiff bid, which amount plaintiff seeks to recover on a count of breach of contract. Plaintiff seeks additional damages on an allegation that defendant committed trade libel by posting various allegations about him on the Internet. 05-1451 CIVIL TERM Defendant filed several preliminary objections to the complaint, one of which, pursuant to Pa. Rule of Civil Procedure 1 028(a)(1), is lack of personal jurisdiction. The preliminary objections were briefed and argued on March 29, 2006. Plaintiff maintains that the single eBay transaction alleged in the complaint is sufficient to exercise personal jurisdiction over defendant in Pennsylvania because defendant purposefully directed his activities in Pennsylvania by making a purchase from plaintiff in Pennsylvania via eBay. In Kubik v. Letteri, 614 A.2d 1110 (Pa. 1992), the Supreme Court of Pennsylvania, citing Burger King Corporation v. Rudzewicz, 471 U.S. 462 (1985), stated: When a state exercises personal jurisdiction over a non-resident defendant in a suit arising out of or related to the defendant's contacts with the forum, the state is exercising specific jurisdiction. Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408, 414 n. 8,104 S.Ct. 1868, 1872 n. 8, 80 L.Ed.2d 404, 411 n. 8 (1984). In Pennsylvania, specific jurisdiction may be asserted over non- resident defendants "to the fullest extent allowed under the Constitution of the United States and may be based on the most minimum contacts with this Commonwealth allowed under the Constitution of the United States." 42 Pa.C.S. 9 5322(b) (emphasis added). Specific jurisdiction is at issue in the present matter. Thus, the question becomes what minimum contacts suffice to satisfy the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The standard which must be met by a state in asserting specific personal jurisdiction over a non-resident defendant as articulated in Burger King is clear: (1) the non-resident defendant must have sufficient minimum contacts with the forum state and (2) the assertion of in personam jurisdiction must comport with fair play and substantial justice. Id. The determination of whether this -2- 05-1451 CIVIL TERM standard has been met is not susceptible of any talismanic jurisdictional formula: the facts of each case must always be weighed in determining whether jurisdiction is proper. 471 U.S. at 485-86, 105 S.Ct. at 2189, 85 L.Ed.2d at 549. The determination of whether sufficient minimum contacts exist is "based on a finding that the 'defendant's conduct and his connection with the forum State are such that he should reasonably anticipate being haled into court there.''' Id. Whether a defendant should reasonably anticipate being haled into court in the forum state is based on defendant purposefully directing his activities at residents of the forum and purposefully availing himself of the privilege of conducting activities within the forum state, thus invoking the benefits and protection of its laws. See Id. Furthermore, "contacts with the forum that are 'random,' 'fortuitous' or 'attenuated are not sufficient for the assertion of personal jurisdiction. . . .'" In Scordato v. Dyess, 73 D. & CAth 360 (Centre 2005), the Court of Common Pleas of Centre County held that the defendant, a Nevada resident, who sold an alleged defective car to the plaintiff, a Pennsylvania resident, on eBay, did not subject himself to personal jurisdiction in Pennsylvania. In Machulsky v. Hall, 210 F.Supp.2d 531 (D. N.J. 2002), the plaintiff, a New Jersey resident, operated a coin business via eBay. Plaintiff sued three non-resident defendant purchasers who allegedly conspired together to cause her economic injury by ruining her coin business. Plaintiff alleged that defendant Liebrandt, an Oregon resident, did not return purchased coins to plaintiff as agreed upon, and because she refused to refund Liebrandt's payment, Liebrandt posted negative comments on eBay's customer feedback page. Defendant Knaack, an -3- 05-1451 CIVIL TERM Alaska resident, allegedly made four separate purchases and never received them, resulting in the filing of a fraud report on eBay. Defendant Hall, a Georgia resident, posted a negative comment on eBay after plaintiff denied Hall's refund requests. The District Court examined "the level of interactivity and commercial nature of the exchange in order to determine the propriety of exercising personal jurisdiction." It stated that, "when a defendant merely posts information or advertisements on a Web site, however, personal jurisdiction over such defendant is not proper." Other factors to consider were the duration of defendant's relationship with the respective state and the nature and extent of a defendant's commercial and business transactions vis-a-vis the forum state through the Internet. The court stated: . . . decisions in this area of law indicate that commercial activity via the Internet must be substantially more regular and pervasive to constitute "purposeful availment of doing business" within a given state. Compare Desktop Tech., 1999 WL 98572, at *5-*6 (finding in internet advertising case where the defendant's internet presence and e-mail link are its only contacts with Pennsylvania, that there must be "something more" than simply registering someone else's trademark as a domain name and posting a Web site on the Internet to demonstrate that the defendant directed its activity towards the forum state) with Zippo, 952 F.Supp. at 1125- 26 (exercise of personal jurisdiction found proper because defendant contracted online with seven Internet access providers and approximately 3,000 individuals within the forum); CompuServe, Inc., 89 F.3d at 1264 (defendant had "substantial connection" with forum state when he purchased computer network service via an online contract, transmitted software via the Internet to computer server within the forum, and advertised and sold his product via that system). -4- 05-1451 CIVIL TERM The court held that there was no personal jurisdiction over defendant Liebrandt because a single purchase did not constitute the requisite purposeful availment. Defendant Knaak's four eBay purchases did not constitute a sufficient level of business activity to subject him to personal jurisdiction. Defendant Hall's single online transaction did not rise to a substantial level such that the court could constitutionally exercise personal jurisdiction over him. Utilizing the analysis of the District Court in Machulsky, we conclude, in the case sub judice, that the nature and quality of the defendant's actions via eBay, as alleged by plaintiff, are insufficient to assert personal jurisdiction over him in Pennsylvania. Accordingly, the following order is entered.' ORDER OF COURT AND NOW, this "Zt.~ day of April, 2006, the preliminary objection of defendant based on lack of personal jurisdiction, IS GRANTED. The complaint of plaintiff against defendant, IS DISMISSED. /' By the Court, ,/ . (-- Edgar B. Bayley, J. , The resolution makes it unnecessary to address the other issues raised in the preliminary objections of defendant. -5- 05-1451 CIVIL TERM Derek J. Cordiers, Esquire 319 South Front Street Harrisburg, PA 17104-1621 For Plaintiff Thomas J. Webber, Esquire Michael F. Socha, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 For Defendant :sal -6- N -l4 0- ,...., q, () ~ i- 1,0 ~. "" ~:t1 7'. -1'"11'''.' ~ ~ ~ 0;f\', ~ 3~ \) "' - (/~ cP 00 ", :3.-rl - C- r-- <:S:!:,} ~ - ..~ -e '"'\) ~". .;?<;:A ~..- , - 0 "'v ~ ~ j;:'~2.- - .A :.<: .. ~ "- ~ _:\ 0 - ..<.. cP ~ D -+- -r- ----. DAVID J. CORDIER DBA Cordier Antiques and Fine Art, PLAINTIFF V. KEVIN MARTIN, DBA Piece of the Past, Inc., DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 05-1451 CIVIL TERM ORDER OF COURT ~ day of May, 2006, the request for a transcript of "Notes of Testimony from the Oral Argument" cannot be complied with as there was no testimony at the oral argument and there was no stenographic record made of oral argument. ~erek J. Cordier, Esquire 319 South Front Street Harrisburg, PA 17104 For Plaintiff tJ'flomas J. Weber, Esquire Michael F. Socha, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 For Defendant :sal ~ ,Dlo c9 ~\9 ,j ... "'-.) ~ <::T"\ :1: ;;;~" ~ ~:o -oFn ,:nO :,:~ rtJ, :,70 c5m :;:;! :Xi -< -< N en :e.. -- ..... "!? w o IT:;"";'T::- . \ 1l. >'c,._:" -.\.. I l~y~Y ~2 3 2006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLV ANIA DAVID J. CORDIER DBA Cordier Antiques and Fine Art : Plaintiff Docket No. 05-1451 vs CIVIL ACTION KEVIN MARTIN, DBA Piece of the Past Inc. Defendant LAW REQUEST FOR TRANSCRIPT AND NOW, comes this 22nd day of May 2006, the Plaintiff by and through his counsel, Derek J. Cordier, Esquire, Notes of Testimony from the Oral Argument on Defendant's Preliminary Objections held in the above captioned case on March 29th, 2006, be transcribed and forwarded to the Superior Court of Pennsylvania and Derek J. Cordier, Attorney for Plaintiff. Respectfully submitted by, Distribution: Derek J . Cordier, Esquire, 31 9 South Front Street, Harrisburg, PAl 7104 Thomas J. Weber, Esquire and Michael F. Socha, Esquire, 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108 r-.--".'''.' _ .,,-_.,,-_. $ -.~.. MAY 2 8 2006 1,__._ ___ .~ "" _.-=, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DAVID J. CORDIER DBA Cordier Antiques and Fine Art : Plaintiff Docket No. 05-1451 vs CIVIL ACTION KEVIN MARTIN, DBA Piece of the Past Inc. Defendant LAW TO THE HONORABLE EDGAR B. BAYLEY, JUDGE OF SAID COURT: STATEMENT OF MATTERS COMPLAINED OF ON APPEAL PURSUANT TO PA.R.A.P. RULE 1925(b) AND NOW, this 22nd day of May, 2006, comes the above-named petitioner, David J. Cordier DBA Cordier Antiques and Fine Art, by and through his counsel, Derek J. Cordier, Esquire, and respectfully avers the following as reasons relied upon for appeal: 1. Whether under a preliminary objection, there were sufficient facts prior to discovery that jurisdiction attaches to an out-of-state defendant. 2. Whether the Honorable Judge failed to allow discovery in order to obtain facts relevant to jurisdiction. 3. Whether the Honorable Judge failed, by dismissing the case, to utilize relevant case law in his opinion as to the preliminary objection as to jurisdiction. 4. Whether the Honorable Judge failed to recognize that there were actually ten (10) separate eBay transactions I contracts that the defendant initiated and purposely sought to enter into with the plaintiff. 5. Whether the Honorable Judge failed to recognize the libel count in the complaint that would allow for jurisdiction when the defendant purposely sought to do business and contract with the plaintiff in this Commonwealth. -' ----"1, 6. Whether the Honorable Judge failed to find that the defendant should have reasonably anticipated being hauled into court, in this Commonwealth, where the defendant breaks ten (10) contracts and libels the plaintiff on ten different occasions. WHEREFORE, pursuant to Pa.R.A.P. Rule 1925(b), the plaintiff submits the foregoing as reasons relied upon for appeal. Respectfully submitted, ..... 10:28 A.M. " Appeal Docket Sheet Docket Number: 883 MDA 2006 Page 1 of3 May 24, 2006 ()j-- 1'+5/ C~.( I Superior Court of Pennsylvania &,. David J. Cordier, DBA Cordier Antiques and Fine Art, Appellant v. Kevin Martin, DBA Piece of the Past Inc. Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: May 22, 2006 Journal Number: Case Category: Civil Consolidated Docket Nos.: Awaiting Original Record CaseType: Related Docket Nos.: Civil Action Law Next Event Type: Receive Docketing Statement Next Event Type: Original Record Received SCHEDULED EVENT Next Event Due Date: June 7,2006 Next Event Due Date: July 3, 2006 5/24/2006 3023 c..n c .... "'-.) <:::::> = 0'"'\ ~ :i! 111 ::0 r-- -nrr; ~.JO ~~)"l. ~~ '5J -< ~ ;;0.",- -<. <....) C) :;::.,. ::z: 0:1 10:28 A.M. Superior Court of Pennsylvania Appeal Docket Sheet Docket Number: 883 MDA 2006 Page 2 of 3 May 24, 2006 .. Appellant Pro Se: IFP Status: COUNSEL INFORMATION David J. Cordier, DBA Cordier Antiques and Fine Art Appoint Counsel Status: No Appellant Attorney Information: Attorney: Cordier, Derek J. Bar No.: 83284 Law Firm: Cordier & Brownewell Law Offices Address: 319 S Front Street Harrisburg, PA 17104 Phone No.: (717)919-4002 Fax No.: (717)213-4984 Receive Mail: Yes E-Mail Address:derek@derekjcordier.com Receive E-Mail: Yes Appellee Martin, Kevin Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Weber, Thomas J. Bar No.: 58853 Law Firm: Goldberg Katzman, P.C. Address: 320 Market St PO Box 1268 Harrisburg, PA 17108-1268 Phone No.: (717)234-4161 Fax No.: (717)234-6808 Receive Mail: Yes E-Mail Address:tjw@gkslaw.com Receive E-Mail: Yes Attorney: Socha, Michael Francis Bar No.: 200988 Law Firm: Goldberg Katzman, P.C. Address: 320 Market St PO Box 1268 Harrisburg, PA 17108 Phone No.: (717)234-4161 Fax No.: (717)234-6810 Receive Mail: Yes E-Mail Address:mfs@goldbergkatzman.com Receive E-Mail: No FEE INFORMATION Fee Date 5/23/06 Fee Name Notice of Appeal Fee Amt 60.00 Paid Amount 60.00 Receipt Number 2006SPRMD000464 TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Date of Order Appealed From: April 21, 2006 5/24/2006 Division: Judicial District: Civil 9 3023 1 0: 2ttAM. Appeal Docket Sheet Docket Number: 883 MDA 2006 Page 3 of 3 May 24, 2006 Superior Court of Pennsylvania .va Date Documents Received: Order Type: Order Entered May 22, 2006 Date Notice of Appeal Filed: May 18, 2006 OTN: Judge: Bayley, Edgar B. President Judge Lower Court Docket No.: 05-1451 ORIGINAL RECORD CONTENTS Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS Filed Date DOCKET ENTRIES Docket Entry/Document Name Party Type Notice of Appeal Filed Filed By May 22, 2006 Appellant David J. Cordier, DBA Cordier Antiques and Fine Art May 24, 2006 Docketing Statement Exited (Civil) Middle District Filing Office 5/24/2006 3023 ..... . """ Carbon Copy Recipient List Addressed To: Derek J. Cordier, Esq. Cordier & Brownewell Law Offices 319 S Front Street Harrisburg, PA 17104 Carbon Copied: Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Thomas J. Weber, Esq. Goldberg Katzman, P.C. 320 Market St PO Box 1268 Harrisburg, PA 17108-1268 Michael Francis Socha, Esq. Goldberg Katzman, P.C. 320 Market St PO Box 1268 Harrisburg, PA 17108 Court Reporter Court Reporter Court of Common Pleas of Cumberland County Courthouse, One Courthouse Square Carlisle, PA 17013 The Honorable Edgar B. Bayley President Judge Court of Common Pleas of Cumberland County Cumberland County Courthouse, One Courthouse Sq Carlisle, PA 17013 3014 - 10/99 10/1/99 o C~ ~.F I, '" = t:::} (~ o 11 ~ rn ::!J -n~ :iJo (J)~\ 1....-' ~:J ~~ ::5rn >! :-n -< 2~ ......... -< W o :P- ::;:; co U1 o ,- 05-J4j/ J. S55044/06 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 DAVID J. CORDIER, d/b/a CORDIER ANTIQUES AND FINE ART, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. KEVIN MARTIN, d/b/a PIECE OF THE PAST, INC., Appellee No. 883 MDA 2006 Appeal from the Order entered April 21, 2006, in the Court of Common Pleas of Cumberland County, Civil Division at No. 05-1451 BEFORE: FORD ELLIOTT, P.J., McCAFFERY AND COLVILLE*, JJ. MEMORANDUM: FILED: November 14, 2006 Appellant, David J. Cordier d/b/a Cordier Antiques and Fine Art, appeals from the order granting the preliminary objections of Appellee, Kevin Martin d/b/a Piece of the Past, Inc., based on lack of jurisdiction and dismissing Appellant's complaint against Appellee. We quash this appeal. Appellant's brief does not include a statement of the questions involved on appeal. This omission is in violation of Pa.R.A.P. 2116(a). Appellant provides no guidance to this Court regarding the issues in this case. Compliance with this rule is "to be considered in the highest degree mandatory, admitting of no exception; ordinarily no point will be considered which is not set forth in the statement of questions involved or suggested *Retired Senior Judge assigned to the Superior Court. ~ .. ...~ J. 555044/06 thereby". Pa.R.A.P. 2116(a); see Harkins v. Calumet Realty Co., 614 A.2d 699, 703 (Pa. Super. 1992) (stating "The statement of questions presented is one of the most important parts of any appellate brief. Questions not presented are deemed waived."). Further, Appellant's arguments are not properly developed in violation of Pa.R.A.P. 2119. This Court has held that arguments that are not appropriately developed are deemed waived. Nimick v. Shuty, 655 A.2d 132, 138 (Pa. Super. 1995). In the first section of the argument portion of Appellant's brief, entitled "lack of discovery", Appellant fails to cite to any legal authority to support his argument in violation of Pa.R.A.P. 2119(a). See Pa.R.A.P. 2119(a) (stating that the argument shall be followed by such discussion and citation of authorities as are deemed pertinent); Korn v. Epstein, 727 A.2d 1130, 1135 (pa. Super. 1999) (holding "Where the appellant has failed to cite any authority in support of a contention, the claim is waived. "). Additionally, Appellant does not cite to the record to support his assertions, in violation of Pa.R.A.P. 2119(c). See Pa.R.A.P. 2119(c) (stating that if reference is made to any matter appearing in the record, the argument must set forth a reference to the place in the record where the matter referred to appears); Smith v. Pen bridge Assocs., 655 A.2d 1015, 1024 n.12 (Pa. Super. 1995) (finding that appellant's brief was - 2 - J. 555044/06 inadequate to present issues for review where brief failed to refer specifically to record). In the second section of the argument portion of Appellant's brief entitled, "jurisdiction", Appellant makes numerous assertions but, again, fails to cite to the record. Although Appellant cites to some case law, he does not state or discuss why the cited cases support his argument. See Pa.R.A.P. 2119(b) (stating "citations of authorities must set forth the principle for which they are cited."); see Lundy v. Hanchet, 865 A.2d 850, 856 n.7 (Pa. Super. 2004) (stating that the mere inclusion of a citation is insufficient to render an undeveloped argument complete). As Appellant makes bald assertions in his brief which are unsupported by citation to the record or relevant case law, we find his claims to be waived. Appellant's failure to comply with our Rules of Appellate Procedure impedes our ability to review the issues he raised in his appeal, thus, we will not address them on the merits. See Branch Banking & Trust v. Gesiorski, 2006 PA Super 190, 10 (concluding that numerous defects in the appellant's brief, including violations of Pa.R.A.P. 2116 and 2119, prevented Superior Court from conducting a meaningful review and compelled quashal of appeal). Accordingly, we find Appellant's claims to be waived and quash his appeal. Appeal quashed. Jurisdiction relinquished. - 3 - J. 555044/06 . . . . ~ . Judgment Entered: November 14, 2006 Date: - 4 - F--"= ttw (-J -. .::7" ("o!'"') (),,) (\..1 c.) , Cj Karen Reid Bramblett, Esq. Prothonotary James D. McCullough, Esq. Deputy Prothonotary Superior Court of Pennsylvania Middle District November 14,2006 100 Pine Street. Suite 400 Harrisburg, P A 17101 717-772-1294 www.superior.court.state.pa.us Certificate of Remittal/Remand of Record TO: Mr. Curtis R. Long Prothonotary RE: Cordier, D. v. Martin, K. NO.883 MDA 2006 Trial Court/Agency Dkt. Number: 05-1451 Trial Court/Agency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Contents of Original Record: Original Record Item Part NO OPINION Filed Date June 9, 2006 Description 1 Date of Remand of Record: ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. / ~ e~ DEe 2 2 2006 Signature Date Printed Name /aaw