NO. COMPLAINT. Rothschild LLP, and hereby files the following Complaint against Defendants, J&J Corvette

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1 FOX ROTHSCHILD LLP BY: John J. Miravich, Esquire IDENTIFICATION NO Matthew W. Holt, Esquire IDENTIFICATION NO Eagleview Corporate Center 747 Constitution Drive, Suite 100 Exton, PA Telephone (610) Telecopy (610) PETER DOLAN, Vo Plaimiff, J&J CORVETTE RESTORATIONS, and ATTORNEYS FOR DEFENDANTS IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JOHN ANSELMO, individually and d/b/a J&J Corvette Restorations, Defendants. COMPLAINT AND NOW, comes Plaintiff, Peter Dolan ("Plaintiff"), by and through his attorneys, Fox Rothschild LLP, and hereby files the following Complaint against Defendants, J&J Corvette Restorations and John Anselmo, individually and d/b/a J&J Corvette Restorations, (collectively, the "Defendants") and avers as follows in support thereof: $50, The amount in controversy in this dispute, excluding interest and costs, exceeds PARTIES 2. Plaintiff, Peter Dolan is an adult individual who resides at 583 Lake Shore Road, Grosse Point Shores, Michigan, /04/10

2 3. Defendant, J&J Corvette Restorations ("Defendant"), is purportedly a Pennsylvania corporation with its principal offices located at 1430 Federal Street, Philadelphia, Defendant, John Anselmo, individually and d/b/a J.J. Corvette Restorations ("Mr. Anselmo") is an adult individual with a business address of 1430 Federal Street, Philadelphia, JURISDICTION AND VENUE 5. This Court is the proper venue for this matter and may exercise personal jurisdiction over Defendants because Defendants transact business regularly in Philadelphia County, Pennsylvania, and the transactions and occurrences out of which the causes of action set forth below arose occurred in Philadelphia County, Pennsylvania. BACKGROUND 6. In or about April of 2003, Plaintiff contacted Defendants to restore and repair a 1957 Chevrolet Corvette (the "Car"). 7. Plaintiff is the rightful owner of the Car. 8. The Car is now in the possession of Defendants. 9. Plaintiff and Defendants entered into an oral agreement to repair and restore the Car to working condition ("Work") and have it presentable for exhibition at various well known car shows around the country. 10. The original estimate for the Work was approximately $40, which Plaintiff has paid. A true and correct copy of an dated August 2004 from Mr. Anselmo to Plaintiff acknowledging payment in full is attached hereto as Exhibit "A". 2

3 11. Despite the August and the passage of several years, Defendants have delayed and stalled in the delivery of the Car to Plaintiff and have incessantly asked Plaintiff for additional funds in order to perform the Work. 12. Plaintiff has now paid over $88, to restore the Car yet Defendants claim that more even more work is needed to complete the restoration. 13. Throughout the parties relationship, Defendants have misrepresented their skills, experience and abilities in adequately performing the Work..14. Defendants have acknowledged that Plaintiff does not owe any further monies. 15. Despite repeated notice and demand, Defendants have refused to deliver the Car over to the Plaintiff. A true and correct copy of the January 13, 2010 letter sent by Plaintiff s counsel to Defendants is attached hereto as Exhibit "B". COUNT I REPLEVIN 16. Plaintiff incorporates by reference the above paragraphs as if set forth herein in Defendants are in wrongful possession of the Car. The Car is the property of Plaintiff. Plaintiff has an immediate right to possession of the Car. Defendants have refused to return the Car, despite lawful written demand to do SO. 21. Upon information and belief, the Car is located at the business address of J&J Corvette Restorations, 1430 Federal Street, Philadelphia, Pennsylvania WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in repelvin in his favor and against Defendants for (a) possession and delivery of the Car to Plaintiff; (b)

4 damages for loss of use and/or depreciation of the Car while it was unlawfully in Plaintiff s possession; (c) in the event that the Car cannot be returned to Plaintiff, damages representing the fair market value of the Car; together with interest, costs, and such other relief as the Court deems appropriate. COUNT II CONVERSION 22. Plaintiff incorporates by reference the above paragraphs as if set forth herein in The Car is property of the Plaintiff. Defendants have converted the Car by retaining possession of it after Plaintiff has lawfully demanded its retum. 25. Defendants conversion of the Car is not legally justified or privileged and was undertaken with willful intent and/or reckless indifference to Plaintiff s rights. 26. Plaintiff has suffered damages as a result of Defendants conversion including, but not limited to, the fair market value of the Car and loss of use of the Car. WHEREFORE, Plaintiff respectfully request that the Court enter judgment in his favor and against Defendants and award to him an amount in excess of $88, together with interest, costs, punitive damages and counsel fees and such other relief as the Court deems appropriate. COUNT III BREACH OF CONTRACT 27. Plaintiff incorporates by reference the above paragraphs as if set forth herein in 4

5 28. As shown above the parties had an oral agreement for the repair and restoration for the Car. 29. Plaintiff has fulfilled all of his obligations pursuant to the parties agreement including payment of approximately $88, to Defendants. 30. Defendants breached the agreement by failing to repair and restore the Car pursuant to the Parties agreement and otherwise performing the Work in a defective manner. 31. As a result of Defendants breach, Plaintiff has suffered damages. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in his favor and against Defendants and award to him an amount in excess of $88, together with interest, costs, and such other relief as the Court deems appropriate. COUNT IV UNJUST ENRICHMENT (IN THE ALTERNATIVE) 32. Plaintiff incorporates by reference the above paragraphs as if set forth herein in 33. Plaintiff has conferred benefits upon Defendants in connection the Car which are greater in value than which was warranted under the circumstances. 34. It would be inequitable for Defendants to retain the benefits conferred upon them given the defective nature of the work on the Car. 35. Defendants continued retention of Plaintiff s monies under the circumstances set forth herein would be unjust. 36. Plaintiff seeks the disgorgement of the monies paid to Defendants as a result of the wrongs committed by Defendants against Plaintiff.

6 WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in his favor and against Defendants and award to him an amount in excess of $88, together with interest, costs, and such other relief as the Court deems appropriate. COUNT V VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW (UTPCPL) 37. Plaintiff incorporates by reference the above paragraphs as if set forth herein in 38. Plaintiff entered into the aforementioned agreement primarily for personal, family or household purposes. 39. Defendants foregoing acts described above constitute unfair acts and practices as defined by 73 P.S (4) and 73 P.S in that Defendants: i. Represented that the workmanship and materials used in the Car s restoration and repairs would be of a particular standard, quality or grade, when they were of another, in violation of 73 P.S (4)(vii); ii. Knowingly misrepresented that services or goods are needed when they were not needed, in violation of 73 P.S (4)(xv); iii. Made repairs on the Car that were of a nature or quality inferior to or below the standard agreed to in writing, in violation of 73 P.S (4)(xvi); and iv. Engaged in other fraudulent or deceptive conduct, which created a likelihood of confusion or misunderstanding, in violation of 73 P.S (4)(xxi). 6

7 40. As a result of Defendants unfair acts and practices, the Plaintiff has suffered an ascertainable loss. 41. Pursuant to 73 P.S (a), the Plaintiff is entitled to an award of actual damages, interest, costs of suit, reasonable attorneys fees, and treble damages as a result of Defendants violation of the UTPCPL. WHEREFORE, Plaintiff respectfully request that the Court enter judgment in his favor and against Defendants and award to him an amount in excess of $264, together with interest, costs, treble damages and counsel fees and such other relief as the Court deems appropriate. FOX ROTHSCHILD LLP BY: ~~t~n John J Miravich, Esquire, o Matthew W. Holt, Esquire, I.D. No Eagleview Corporate Center 747 Constitution Drive, Suite 100 P.O. Box 673 Exton, PA (610) Date: Marcl~S, 2010 Attorneys for Plaintiff