PLEASE HELP A TOXIC MOLD, LYME, & TOXIC ROOT CANAL VICTIM GET THE MEDICAL CARE THEY NEED
Peter Helfrich
Homeless Due to Defendants Misconduct
Mailing Address:
4430 Paiute Blvd.
Pahrump, Nevada 89048
(775) 513-3033
Defendant Pro Se
This document does not contain the Social Security Number of any person
IN THE FIFTH JUDICIAL DISTRICT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF NYE
In re the Matter of: ) Case No. CV___________
)
PETER HELFRICH, ) Dept. No.: 2
)
Plaintiff, )
)
v. )
)
CHAPMAN MOTORS, CA., a foreign )
Corporation, CORPORATIONS ROE 1 – 100, )
JOHN / JANE DOES, 1 – 100, )
)
Defendants. )
________________________________________ )
CIVIL COMPLAINT
PLAINTIFF Pro Se Peter Jason Helfrich, (hereinafter referred to as the “Plaintiff”), and for his Civil Complaint, respectfully Petitions and shows as follows:
I. JURISDICTION AND VENUE
1. The contract upon which this action is based was made and was to be performed in the County of Nye, State of Nevada. That contract provides that the County of Nye is the proper venue for any action arising out of the agreement. The contract provides for an award of reasonable attorneys' fees to the prevailing party in any dispute arising out of the contract.
2. This court has jurisdiction to hear this case pursuant to NRS 13.010.
2. This court has jurisdiction to hear this case pursuant to NRS 13.010.
3. All of the events, acts and omissions giving rise to this Complaint and the claims stated herein occurred in this judicial district and all Defendants are subject to the personal jurisdiction of this Court.
4. Venue is proper in this court since the alleged acts were carried out by the Defendant’s, individually and jointly, in Nye County, Nevada.
II. PARTIES
A. Plaintiff:
5. Plaintiff Pro Se PETER JASON HELFRICH is, and at all times mentioned herein, an individual residing in Pahrump, Nevada and whose mailing address is at the top of this Complaint.
B. Defendants:
6. Upon information and belief, Plaintiff believes Defendant CHAPMAN MOTORS, CA, is a foreign corporation, registered to do business within the State of Nevada, whose address is 25 N. Cherokee Lane, #A, Lodi, California 95240.
7. Plaintiff knows Defendant as Dennis Goleman working on behalf of Chapman Motors. Detective Lee Patterson of the Lodi CA Frauds Investigation Unit knows Defendant as Dennis Jacopetti and Janis Chapman is the lead person to serve as advised. Plaintiff is unaware of the true names and capacities of the Defendants sued herein and identified in the caption as Corporations Roe 1 – 100, inclusive and John and / or Jane Doe’s 1 through 100 inclusive, and therefore sues these Defendants as “Roe’s” and “Doe’s”. If the true identities of the Roe’s and Doe’s become available to the Plaintiff, the Plaintiff will advise the Court of the true names and capacities of these Roe and Doe Defendants as soon as their identities are ascertained.
8. The acts and omissions of Defendant’s and each of them as alleged below were done as agent, employee, co-conspirator, alter-ego and cofeasor so that the acts and omissions of Defendants and each of them as alleged therein are such as to give rise in the premises to joint and several liability in each Defendant for the acts of all Defendant’s.
9. All named Defendant’s acted for or on behalf of the other Defendant’s from time to time as alleged herein, as well as other Defendant’s who may or may not be listed herein as individual named Defendants due to their identities being unknown to Plaintiff.
10. To the extent that the acts and omissions of the Defendant’s and each of them as alleged were willful and malicious in nature and done as agent, employee, co-conspirator, and cofeasor, for another entity or organization, they were done both within and without the scope of their duties and agency for that organization or entity so as to give rise to personal liability in this action.
II. GENERAL ALLEGATIONS
11. On or about May 11, 2010, the Plaintiff and Defendant entered into an Automobile Purchased Agreement regarding a 1999 Ford E-350 Passenger Van, 15 Capacity, TRITON, V8, Gas motor, Auto trans, SL Trim Option, Cloth Interior, white exterior, vehicle ID # 1FBSS31L7WHC10901, Clean-Clear Utah Title, with no liens, which was executed by the Parties in Pahrump, Nevada. (Attached herewith as Exhibit “A”)
12. Shortly thereafter (within 30 minutes), the Plaintiff discovered the Van was filled with mold due to Plaintiff having a reaction which is called a Cytokine “HIT” (the immune system attacking itself due to the T-2 toxin found in toxic mold, similar to the “Peanut Allergy”); which made him sick. Defendant admitted by phone upon Plaintiff contacting him within 45 minutes of the Ford Van being dropped off to express the issues that Defendant “hosed down the inside of the van 3-4 days before it was delivered, in order to CLEAN IT” for Plaintiff; thus creating the perfect environment for mold growth (oxygen + food source + water + 14 – 48 hours = toxic mold; which is basic 8th grade science every child has hopefully learned). The acts showed deception, endangering the welfare of Plaintiff, and overall incompetence and negligence. The Plaintiff attempted to return the Van to no avail.
13. Plaintiff was told by Defendant that if Plaintiff handed over his 2009 Honda Element; VIN # 5J6YH28789L005896 with 6,000 miles on it (Loan repayment of $31,000) Defendant would take possession of it, pay off the loan to American Honda Finance and re-sell it. No part of the loan had been repaid as promised by Defendant although payment has been demanded, leaving the balance due, owing and unpaid to American Honda Finance in the amount of THIRTY ONE THOUSAND DOLLARS ($31,000) plus all interest as well as any and all payments that were subsequently taken from Plaintiff’s bank account for Defendants failure to pay off the loan in a timely fashion. Advocate and potential witness Detective Lee Patterson of the Lodi CA Frauds Investigations Unit began investigating Chapman Motors for this and other illegal acts when Detective Patterson became aware of a website Plaintiff had set up to prove Defendants illegal conduct (see: http://www.chapmanmotors.blogspot.com/). This prodded Defendant into paying off the loan over 90 days overdue; thus ruining Plaintiff’s credit and costing Plaintiff 3 – 5 extra payments for a vehicle already re-sold. American Honda had sent the repo man to the new owners house to repossess the Honda due to Defendants misconduct. The new owner proved they owned the vehicle, yet American Honda Finance still attacked Plaintiff’s credit over the issue.
14. Finally, the Defendant accepted the Ford Van, resold it to some other unsuspecting customer and profited twice off the same Ford Van.
15. Finally, on or about __________-, the Defendant paid off the 2009 Honda Element loan, however, the Plaintiff’s credit had been reflective of missed payments, caused by Defendant’s failure to pay of the loan on time; and, additional payments had been taken out of the Plaintiff’s bank account.
16. The Plaintiff has made every attempt possible to resolve this matter; however, the Defendant refuses to cooperate with the Plaintiff to resolve the issues, ultimately resulting in this lawsuit.
FIRST CAUSE OF ACTION
BREACH OF CONTRACT
17. Plaintiff and Defendants and each of them, entered into an written agreement whereby plaintiff agreed to purchase a motor vehicle for the price of FOUR THOUSAND NINE HUNDRED FIFETY DOLLARS ($4,950.00), plus interest at the legal rate.
18. The Plaintiff paid Defendant from his HSBC bank account funds.
19. Until finding a deadly mold in the motor vehicle, to which the Plaintiff has a genetic predisposition much like “The Peanut Allergy”, only worse because avoiding peanuts is much easier than avoiding mold, especially when Defendant hoses down the inside of Plaintiff’s Ford Van, thus giving dry spores the food, water and time needed to flourish. Plaintiff performed all of the conditions, covenants and promises required by it to be performed in accordance with the terms and conditions of the contract. Within 30 minutes the Plaintiff had what is scientifically known as the “Sicker Quicker Effect” from re-exposure to toxin forming fungi found concentrated under the wet insulation hidden under the rubber floor mat. This re-exposure took Plaintiff out of remission from the chronic biotoxin related auto-immune disease suffered previously in New York and the preceding oppression, theft and fraud of Defendant further damaged Plaintiff’s health; mental health; ability to find safe housing or even get a car loan if he had the money Defendant stole from Plaintiff; ability to eat properly as his doctors diet plan recommended; and finances; not to mention loss and damage of property due to the Plaintiff’s forced living conditions (items were lost, damaged and stolen during this period). Plaintiff gave Defendant Plaintiff’s online medical records (http://www.blackmold-casefiles.blogspot.com/) and redundantly stated how important it was for Plaintiff to obtain a mold free van. The Ford Van itself is evidence and there might be a need to have it present to sample, as the T-2 weapons grade toxin found in toxic mold does not degrade over time and is just as deadly now as it was a year ago when Defendant began this crime. Defendant admitted to hosing out the Ford Van just days before, thus creating a moldy or moldier environment than if Defendant did not interfere. This shows incompetence, malice, and ill intent because Defendant knew, or should have known such actions would make a bad situation worse and damage Plaintiff’s health.
20. Defendants, and each of them, breached their written agreement with Plaintiff by failing and / or refusing to perform in good faith their duties to sell a motor vehicle that did not pose any safety or health threats and that it did not contain any life threatening mold (or other life threatening substance) and not just sell a motor vehicle that it knew, or should have known, contained mold and was unsafe for human beings to be near and / or around.
21. As a result of the breach of the Defendants, and each of them, in the obligations pursuant to the written contract, the entire sum of $4,950.00. Demand has been made on Defendants, and each of them, for repayment but Defendants, and each of them have failed and refused and continue to fail and refuse, to repay the sum loaned by American Honda Finance when Plaintiff handed over his 2009 Honda to Defendant for the promise of relinquishing him of the loan in the sum of THIRTY ONE THOUSAND DOLLARS ($31,000) due to Plaintiff’s financial woes.
22. Defendants, and each of them, have therefore breached their written contract with Plaintiff, who has been damaged thereby in excess of $10,000 plus interest at the legal rate from and after the date due according to proof.
23. Plaintiff warned buyer of the moldy areas in question; showed him the offending areas of wet, moldy insulation under the rubber floor matting. Buyer claimed ignorance of molds potential threat, yet proclaimed no known aversion to mold; thus accepting the Ford Van against better judgment. Defendant promised to mail a refund check by mail, yet later demanded the title Plaintiff kept per the advice of the NYE County Sheriffs Department just in case Defendant continued his deceptiveness; thus refusing to refund Plaintiff.
24. Plaintiff was conned into believing that if Plaintiff handed over his new 2009 Honda Element (in order to cut Plaintiff’s monthly bills) 5J6YH28789L005896 with 6,000 miles on it (Loan repayment of $31,000) Defendant would take possession of it, pay off the loan and resell it. No part of the sum loaned had been repaid although payment was demanded, leaving the balance due, owing and unpaid to American Honda Finance in the amount of THIRTY ONE THOUSAND DOLLARS ($31,000) plus all interest as well as any and all payments that were subsequently taken from Plaintiff’s HSBC bank account for the Defendants failure to pay off the loan in a timely fashion. Detective Lee Patterson of the Lodi CA Fraud Investigations Unit began investigating Chapman Motors for this and other illegal acts when Detective Patterson became aware of a website (http://www.chapmanmotors.blogspot.com/) Plaintiff set up to prove Defendant’s illegal conduct. This prodded Defendant into paying off the loan over 90 Days overdue; thus damaging Plaintiff’s credit and costing Plaintiff 3 – 5 extra payments for a vehicle Defendant already re-sold.
SECOND CAUSE OF ACTION
MONEY HAD AND RECEIVED
25. Plaintiff incorporates herein by this reference the allegations made in paragraphs 1 – 24, inclusive, as though fully set forth herein.
26. On or about ______________, when the Defendants took possession of the Honda Element motor vehicle, the Defendants, and each of them, became indebted to American Honda Finance in the sum of THIRTY ONE THOUSAND DOLLARS ($31,000), the amount of the contractual amount paid by the Plaintiff for the motor vehicle, plus all interest as well as any and all payments that were subsequently taken from Plaintiff’s bank account for the Defendants failure to pay of the loan in a timely fashion.
27. No part of the sum OWED has been repaid, although payment has been demanded, leaving the balance due, owing, and unpaid to Plaintiff in the amount of FOUR THOUSAND NINE HUNDRED FIFETY DOLLARS ($4,950.00) for the Ford Van; and THIRTY ONE THOUSAND DOLLARS ($31,000) for the 2009 Honda Element plus all interest as well as any and all payments that were subsequently taken from Plaintiff’s bank account for the Defendants failure to pay of the HONDA ELEMENT loan in a timely fashion.
THIRD CAUSE OF ACTION
NEGLIGENCE
28. Plaintiff incorporates herein by this reference the allegations made in paragraphs 1 – 27 inclusive, as though fully set forth herein.
29. At all time relevant herein, the Defendant had a duty to exercise reasonable care and skill to ensure the Van did not pose any safety or health threats and that it did not contain any life threatening mold (or other life threatening substance) and not just sell a motor vehicle that it knew, or should have known, contained mold. Defendant PROMISED it was a mold free van, yet later admitted by phone when caught in the lie 45 minutes after the Van was delivered to Plaintiff that Defendant HOSED out the back area of the Ford Van to “clean it”; thus creating the perfect environment for mold growth. This shows incompetence, malice, fraud, deceptiveness; as Defendant did or should have learned such things (water + food source + oxygen + 14 –48 hours = mold growth) in Junior High School; or should have known regardless.
30. In taking the actions alleged above, and in failing to take the actions alleged above, the Defendant breached their duty of care and skill to Plaintiff (and the general public) by selling motor vehicle that it knew, or should have known, was unsafe; which was made more unsafe by Defendant.
31. The Defendant engaged in a pattern and practice of defrauding Plaintiff in that, the Defendant concealed material facts known to them but not to Plaintiff regarding the mold with the intent to defraud Plaintiff. Defendant tried to MASK the smell of said mold by placing 4 – 5 strong chemical smelling car fresheners to hide the smell of said mold long enough to drop off Ford Van and deceive chronically ill Plaintiff.
32. The Defendant made the above-referenced false representations, concealments and non-disclosures with knowledge of the misrepresentations, intending to induce Plaintiffs reliance, which the unsuspecting Plaintiff justifiably relied upon, resulting in damage to his health, financial solvency, credit standing and costs of failing to pay off the loan when the Defendant resold the motor vehicle.
33. Plaintiff was unaware of the true facts and had the Plaintiff known the true facts, among other things, would not have purchased the motor vehicle, nor given his 2009 Honda Element away so Defendant could damage his credit with it.
34. As a result of the Defendants fraudulent conduct, Plaintiff has suffered compensatory, general and special damages in an amount to proof. Additionally, the Defendant acted with malice, fraud and / or oppression; and thus, Plaintiff is entitled to an award of punitive damages.
35. The theory and treatment option (a viable option used due to Plaintiff’s limited resources) Plaintiff had in place to attempt to heal from such a grave and chronic illness is to avoid mold by living outdoors in the dry season of the Nevada desert as advised by other mold victims such as Erik Johnson; written about and heralded in the book “Mold Warriors”. Erik Johnson is one of the few who has lived with this curse long enough to share his techniques of mold avoidance and detoxing the body naturally. He has survived for over 25 years which is almost 20 year past the average. Clean air. Detox the body through sweating out the toxins epidermically, through the urine, and fecally for the summer is key. LEAVE before the winter rains to dryer ground or Plaintiff’s back to sick again if moisture levels raise to the point of mildew growth in tent. The immune system either calms down and stops attacking itself (like “Friendly Fire”), or it does not. Some people just die in agony of this. The fact of being stranded here past that safe window of time thanks to Defendant’s fraud, oppression and malice; thus Plaintiff could not maintain the avoidance protocol due to the conditions of Pahrump’s unusually wet winter which made Plaintiff sicker than he has been since his New York exposures due to his inability to avoid mold; inability to eat a proper “mold diet”, etc. Plaintiff was advised to COMPLETELY avoid T-2 mycotoxin, mold, and toxins as advised by toxicologists, pathologists, other mold victims and medical doctors such as Ritchie Shoemaker; author of “MOLD WARRIORS” whom Plaintiff met in person. None of Dr. Shoemakers toxin binding treatments did anything to alleviate Plaintiff’s hellish symptoms; so this was a last ditch effort to live or die trying.
Had plaintiff been able to seek actual safe, mold free shelter before Pahrump’s overly wet season erased Plaintiff’s progress and set him further into pain, systemic damage and suffering due to Defendant’s actions listed above, below and throughout this complaint. The damage done to Plaintiff’s credit and looting of $4,950.00 by Defendant ruined Plaintiff’s chances to heal thusfar and remain in remission. Defendant’s actions also kept Plaintiff from being financially able and mobile so Plaintiff was kept from being able to travel to Texas to see one of two world renowned mold specialists; as these doctors are few and far between. Special antigen treatments to help overcome the extreme hypersensitivity issues this auto-immune disease causes; only known to be administered by Dr. Rea and Dr. Johnson are Plaintiff’s last hope; thus Defendant endangered Plaintiff’s life and quality of life; not to mention life expectancy. This hope has currently been crushed by Defendant, and the damage done in between is felt by Plaintiff and in time WILL be proven when this complaint reaches the Superior Court by blood work and medical proofs. Plaintiff also needed to see said mold specialist to prove how he became sick in a poorly built apartment where he was a 9 Time Deans List student attending college so he could have the final piece of evidence needed to file a complaint vs Property Management of Plattsburgh (http://www.propertymanagementofplattsburgh.blogspot.com/) so as to recoup loss of property due to the mold contamination incurred. Plaintiff pleas to the court to reserve the right to summon Dr. Ritchie Shoemaker into court along with other witnesses and experts to prove these claims and Plaintiff is requesting the right to do so if it pleases the court.
FOURTH CAUSE OF ACTION
BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
33. Plaintiff incorporates herein by this reference the allegations made in paragraphs 1 – 32, inclusive, as though fully set forth herein.
34. Every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement. This implied covenant of good faith and fair dealing requires that no party will do anything that will have the effect of impairing, destroying or injuring the rights of the other party to receive the benefits of their agreement. The covenant implies that in all contracts each party will do all things reasonably contemplated by the terms of the contract to accomplish its purpose. This covenant protects the benefits of the contract that the parties reasonably contemplated when they entered into the agreement.
35. When the Defendant sold the Plaintiff a motor vehicle it hosed out with water; that it knew, or should have known, contained mold, then took the motor vehicle back, resold it and then refused to pay off the Plaintiffs loan, the Defendant did not act in good faith and did not deal fairly with Plaintiff.
36. The Defendant enjoyed substantial discretionary power affecting the rights of Plaintiff during the events alleged in this Complaint, and as such, the Defendant was required to exercise such power in good faith.
37. The Defendants actions were a bad faith breach of contract between Plaintiff and the Defendants which show that the Defendants had every intention to mislead the Plaintiff into purchasing a motor vehicle that the Defendant knew was unsafe and was made more unsafe by Defendant.
38. As a result of the Foreclosing Defendants’ breaches of this covenant, Plaintiff has suffered general and special damages in an amount to be determined at trial.
FIFTH CAUSE OF ACTION
UNJUST ENRICHMENT
39. Plaintiff incorporates herein by this reference the allegations made in paragraphs 1 – 38, inclusive, as though fully set forth herein.
40. By their wrongful acts and omissions, the Defendants have been unjustly enriched at the expense of Plaintiff; and thus, the Plaintiff has been unjustly deprived.
41. By reason of the foregoing, Plaintiff seeks restitution from the Defendants, and an order of this court disgorging all profits, benefits and other compensation obtained by the Defendants from their wrongful conduct.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against the Defendants and each of them, jointly and severally, as follows:
1. For the sum of $4,950.00 for breach of contract and the value of its performance and since Plaintiff’s loss is a result of fraud or theft I ask for three times the amount.
2. For the issues and losses relating to the 2009 Honda Element (damaged credit, fraud, etc.) and costs relating to RESTORING Plaintiff’s credit due to this issue. Since this loss is a result of fraud or theft I plea for 3 times the amount said fraud.
3. For interest thereon at the legal rate from and after _____________.
4. For general damages for Defendants’ fraud according to proof.
5. For punitive damages according to proof.
6. For reasonable attorneys' fees, medical costs related to the advancement of Plaintiff’s illness due to Defendant’s actions (I.E.: Stranding Plaintiff in Pahrump, Nevada due to Defendant’s negative actions & failure to act); living expenses (food, tents, special living accommodations based on medical need, storage costs, costs incurred during this issue as proven by bank statements) incurred by Plaintiff during the time span the issue occurred to the time justice prevails and costs incurred herein if and when incurred while being stranded in Pahrump, Nevada thanks to Defendant’s fraud, malice and oppression.
7. For mental anguish suffered due to the oppression caused by Defendant according to proof available by Pahrump’s Mental Health Center.
8. For such other and further relief as the court may deem just and proper.
DATED this ___ day of February, 2011.
_____________________________________
Peter Jason Helfrich
Petitioner Pro Se
VERIFICATION AND ACKNOWLEDGMENT
STATE OF NEVADA )
) ss
County of Nye )
Peter Jason Helfrich, being first duly sworn, under oath and the penalties of perjury, deposes and says: I am the Plaintiff in the above entitled action, and competent to testify as to the contents of the attached pleading of my own knowledge; that I have read the foregoing Complaint and know the contents thereof; that the same are true to the best of my own knowledge, save and except to those matters stated upon information and belief, and, as to those matters, I believe the same to be true.
____________________________________ Peter Jason Helfrich
On this ___ day of February, 2011, personally appeared before me, the undersigned, a Notary Public in and for the County of Nye, State of Nevada, PETER JASON HELFRICH, personally known to me or proved to me to be the person whose name is subscribed to the above instrument who acknowledged that he executed the above instrument.
____________________________________
NOTARY PUBLIC
________________________________
My Commission Expires
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