Case 2:05-cv JD Document 1 Filed 06/29/2005 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

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1 Case 205-cv JD Document 1 Filed 06/29/2005 Page 1 of 5 KWASNY & REILLY, P.C. BY Mark C. Reilly, Esquire 53 South Main Street Yardley, PA (215) Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EUGENE EPSTEIN Civil Action No Wrightstown Road Newtown, Pennsylvania Plaintiff v. Attorney I.D. # JASON SHEPHERD 10 Morningdale Court Ballston Lake, New York COMPLAINT Defendant JURISDICITION, VENUE AND PARTIES 1. Plaintiff Eugene Epstein ( Epstein ) is an adult individual residing at [Redacted by FindLaw] Wrightstown Road, Newtown, Pennsylvania and is at all times sui juris. 2. Defendant Jason Shepherd ( Shepherd ) is, upon information and belief, an adult individual residing at [Redacted by FindLaw] Morningdale Court, Ballston Lake, New York Jurisdiction is vested in this Court pursuant to 28 USC 1332, as the parties are citizens of different states and the matter in controversy is in excess of $150,000.

2 Case 205-cv JD Document 1 Filed 06/29/2005 Page 2 of 5 4. Venue is proper in this Court pursuant to 28 USC 1391 as the acts alleged, or a substantial part thereof, occurred within the district. FACTUAL BACKGROUND 5. At all times material hereto, Plaintiff Epstein was the owner of a certain 1969 Mercedes Benz 600swb limousine which once belonged to Elvis Presley (the Elvis Car ). 6. On or about February 29, 2004, Epstein listed the Elvis Car for sale by auction on E-Bay. 7. On or about February 29, 2004 at 1244 p.m. Pacific Standard Time, Shepherd purchased the Elvis Car for a Buy-It-Now price of $245, As a direct result of Defendant s Buy It Now bid, a contract arose between the parties, by either or both of the following means (a) Electronic acknowledgment dated February 29, 2004 forwarded by Defendant to Epstein by way of E-Bay via ; or (b) The subsequent conduct of the parties in performing the terms of the proposal including Epstein's removal of the Elvis Car from active sale. 9. In reliance on Defendant s Buy-It-Now bid, Epstein removed the Elvis Car from the active auction market. 10. Once an item is removed from the active sale list on E-bay and listed as sold, it s reappearance on the active auction listings creates the impression that the item being sold is in some way unsaleable or unmarketable. 11. The Elvis Car is a unique collector piece and Epstein has been unable to find another buyer at the price that Defendant Shepherd agreed to pay.

3 Case 205-cv JD Document 1 Filed 06/29/2005 Page 3 of In the midst of Epstein's preparation and furnishing the Elvis Car to Defendant, Defendant suddenly made himself unavailable to communicate with Epstein and failed and refused to respond to Epstein s inquiries or to pay to Epstein the initial deposit due on the sale of the Elvis Car. 13. When Epstein, through Counsel, was able to reach the Defendant, the Defendant, over the Epstein's objection and without his consent or concurrence, gave Epstein notice that he was canceling his contract with Epstein. 14. At the time of cancellation, Epstein had performed his obligations under the contract due at that time and would have completed performance except for Defendant's attempted cancellation. 15. At the time of Defendant's cancellation, Epstein had removed the Elvis Car from the market and was awaiting shipment of the Elvis Car to the Defendant. 16. Epstein has been and remains willing and able to make delivery of the Elvis Car to Defendant. COUNT 1 Breach of Contract 17. Epstein restates and realleges the allegations of paragraphs 1 through 16 in their entirety as if fully set forth herein. 18. Epstein has demanded payment for the Elvis Car, but Defendant has refused and continues to refuse to accept or make any payment therefore. 19. Based upon Defendant's Buy-It-Now bid, which represented a price which guaranteed sale to Defendant over other bidding purchasers, Epstein

4 Case 205-cv JD Document 1 Filed 06/29/2005 Page 4 of 5 missed the opportunity to sell the Elvis Car to interested third parties who were bidding on the Elvis Car at the time of Defendant s Buy-It-Now bid. 20. Defendant knew, or had reason to know, or should have known that the Buy-It-Now bid placed by him, would remove the Elvis Car from the marketplace and would effectively end the possibility that Epstein would find a later buyer from the list of active bidders attempting to purchase the Elvis Car at the time of Defendant s bid. 21. By reason of the aforesaid cancellation of the contract by the Defendant, the anticipated profits on the sale of the Elvis Car were never realized. 22. Epstein has demanded payment from the Defendant for the Elvis Car, but the Defendant has refused and continues to refuse to make payment. 23. Defendant has wholly failed to keep or perform his part of the agreement of sale. WHEREFORE, Plaintiff Eugene Epstein respectfully requests that this Honorable Court enter Judgment in his favor and against Defendant Jason Shepherd as follows (a) that defendant be ordered to specifically perform the Contract and in consideration thereof, tender the agreed purchase price, which Epstein now here agrees to accept and in consideration thereof agrees to by good and sufficient Bill of Sale convey the 1969 Mercedes Benz 600swb limousine which once belonged to Elvis Presley and every part thereof with marketable title and free of all encumbrances to the Defendant;

5 Case 205-cv JD Document 1 Filed 06/29/2005 Page 5 of 5 (b) that judgment be entered against Defendant Jason Shepherd for damages sustained by the Epstein, in an amount in excess of One Hundred Fifty Thousand Dollars ($150,000), plus an award of costs and attorney's fees; and (c) such other and further relief as this Court may deem just and proper. Respectfully Submitted, Mark C. Reilly, Esq. ID No