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Oberholtzer Lawsuit

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PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 1 CAUSE NO. 2015-73882 MARK OBERHOLTZER AND § IN THE DISTRICT COURT OF MARK-1 PLUMBING, INC. § § Plaintiffs, § §  v. § HARRIS COUNT Y, TEXAS § CHARLIE THOMAS FORD, LTD. § D/B/A AUTONATION FORD § GULF FREEWAY § § Defendant. § 113 th  JUDICIAL DISTRICT PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, MARK OBERHOLTZER and MARK-1 PLUMBING, INC., Plaintiffs in the above-styled cause, hereby complaining of CHARLIE THOMAS FORD, LTD. D/B/A AUTONATION FORD GULF FREEWAY, Defendant, and for this cause of action  would respec tfully show the Cour t as follows: I. DISCOVERY CONTROL PLAN 1. Plaintiffs intend to conduct this cause under a Level Two (2) discovery control plan, pursuant to Rule 190.3 of the Texas Rules of Civil Procedure. II. PARTIES AND SERVICE 2. Plaintiff, MARK OBERHOLTZER (hereinafter referred to as “Plaintiff” or “Mark”), is an individual residing in Galveston County, Texas and may be contacted through his undersigned attorneys at 2211 Strand, Suite 201, Galveston, Texas 77550. 3. Plaintiff, MARK-1 PLUMBING, INC. (hereinafter referred to as “Plaintiff” or “Corporation”), is a for-profit corporation incorporated under the laws of the State of 12/14/2015 10:45:16 AM Chris Daniel - District Clerk Harris County Envelope No. 8217135 By: SHELLEY BOONE Filed: 12/14/2015 10:45:16 AM
Transcript
Page 1: Oberholtzer Lawsuit

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 1

CAUSE NO 2015-73882

MARK OBERHOLTZER AND sect IN THE DISTRICT COURT OFMARK-1 PLUMBING INC sect

sect

Plaintiffs sectsect v sect HARRIS COUNTY TEXAS

sectCHARLIE THOMAS FORD LTD sectDBA AUTONATION FORD sectGULF FREEWAY sect

sectDefendant sect 113th JUDICIAL DISTRICT

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT

COME NOW MARK OBERHOLTZER and MARK-1 PLUMBING INC Plaintiffs

in the above-styled cause hereby complaining of CHARLIE THOMAS FORD LTD

DBA AUTONATION FORD GULF FREEWAY Defendant and for this cause of action

would respectfully show the Court as follows

IDISCOVERY CONTROL PLAN

1 Plaintiffs intend to conduct this cause under a Level Two (2) discovery

control plan pursuant to Rule 1903 of the Texas Rules of Civil Procedure

IIPARTIES AND SERVICE

2 Plaintiff MARK OBERHOLTZER (hereinafter referred to as ldquoPlaintiffrdquo or

ldquoMarkrdquo) is an individual residing in Galveston County Texas and may be contacted

through his undersigned attorneys at 2211 Strand Suite 201 Galveston Texas 77550

3 Plaintiff MARK-1 PLUMBING INC (hereinafter referred to as ldquoPlaintiffrdquo

or ldquoCorporationrdquo) is a for-profit corporation incorporated under the laws of the State of

12142015 1045Chris Daniel - District Clerk Harris C

Envelope No 82By SHELLEY B

Filed 12142015 1045

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 2

Texas and may be contacted through its undersigned attorneys at 2211 Strand Suite 201

Galveston Texas 77550

4 Defendant CHARLIE THOMAS FORD LTD DBA AUTONATION

FORD GULF FREEWAY (hereinafter referred to as ldquoDefendantrdquo) is a Texas limited

partnership with its principal office address as 12227 Gulf Freeway Houston Texas

77034 and may be served with process by serving its registered agent Corporation Service

Company dba CSC-Lawyers Incorporating Service Company at 211 E 7th St Ste 620

Austin Texas 78701-3218

IIIJURISDICTION AND VENUE

5 The exercise of this Courtrsquos jurisdiction over the Defendant is proper This

Court has personal jurisdiction over Defendant because it avails itself of the privilege of

doing business in the State of Texas and the subject matter of this action arises under the

common law and statutes of the State of Texas The amount in controversy exceeds the

minimum jurisdictional limits of this Court

6 Venue is proper in Harris County Texas because all or a substantial part of

the events or omissions giving rise to the claim occurred in Harris County Texas TEX

CIV PRAC amp R EM CODE sect 15002(a)(1)

IVBACKGROUND

7 On October 23 2013 Plaintiff Mark-1 Plumbing Inc (ldquoMark-1rdquo) entered

into a transaction with Defendant involving the trade-in of a 2005 Ford F-250 pickup

truck VIN 1FTSX21P15EC91985 in exchange for a 2012 Ford F-250 pickup truck VIN

1FT7W2BT2CEA10391 plus an installment sales contract This was Plaintiffrsquos first and

only transaction with Defendant

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 3

8 The transactional documents between Mark-1 and the Defendant included

a ldquoRetail Purchase Agreementrdquo on its face applicable to a ldquolsquoSellerrsquo or lsquoDealerrsquo Retail

Purchase Agreement for a Motor Vehiclerdquo which contained an ldquoArbitration Agreementrdquo

and a ldquoConditional Delivery Agreementrdquo While such written documents admittedly

applied to the sale of the new vehicle Mark-1 purchased they do not apply to the traded-

in vehicle andor they are wholly and completely silent as to subsequent intervening

superseding torts committed by the Defendant which breached common law duties owed

to Plaintiffs such breaches causing severe permanent injury to Plaintiffs and

consequential and punitive damages Moreover the Arbitration Clause in particular and

the total documents generally give no indication nor do they evidence the exchange of

consideration which would reasonably support any contention that such Clause would

limit claims assertable for the Defendantrsquos subsequent sale lease loan or transfer of the

traded-in vehicle with clearly identifiable markings of Plaintiffs upon it to criminals

terrorists jihadists or others of obviously ill-motive

9 While waiting for the paperwork to be processed Plaintiff began peeling off

the ldquoMark-1 Plumbing Incrdquo decal located on the truckrsquos doors when Defendantrsquos

salesman Edgar Velasquez instructed Plaintiff to stop Mr Velasquez told Plaintiff not

to worry about the decal and that peeling the decal off would blemish the vehicle paint

Consistent with Defendantrsquos advertising to potential customers to ldquolet them handle itrdquo

(see Exhibit A) Mr Velasquez further stated that the dealership had something that

works better for removal and they would use it to remove the decal In relying on Mr

Velasquezrsquos statements Plaintiff ceased peeling off the decal and trusted that the decals

would be removed prior to resale At no time did Velasquez or any other agent servant or

employee of the Defendant tell Plaintiff that Defendant would leave the decals on the

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 4

truck which would be transferred in some fashion to international jihadists conducting

warfare upon innocents in Syria and Plaintiff was not in any conceivable way told

informed or placed on notice that precisely such an incomprehensible and horrific

eventuality would actually occur

10 Over the years Plaintiffs have sold as many as five to ten trucks to different

dealers in Texas Through these transactions Plaintiffs found it to be common practice

for dealerships to remove the decals on vehicles prior to reselling them Onnone of those

occasions have any of those dealers transferred to international jihadists the traded-in

vehicle with Plaintiffsrsquo identifying markings still upon them

11 According to a CARFAX Vehicle History Report (see Exhibit B) the vehicle

was listed as a dealer vehicle sold at a Texas auto auction on November 11 2013 On

December 18 2013 the vehicle was exported from Houston Texas and imported to

Mersin Turkey

12 On December 15 2014

Caleb Weiss of The Long War

Journal tweeted the following

propaganda image of Plaintiffsrsquo Ford

F-250 with an anti-aircraft gun

mounted on it fighting on the front

lines in Syria for Ansar al-Deen a

jihadist group operating near Aleppo

in Syria Plaintiffsrsquo logo and phone

number were still on the vehicle

door

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 5

Within 48 hours the photograph had gone viral via the Internet and multiple news

outlets

13 On December 17 2014 while travelling to Corpus Christi Mark received a

phone call from his secretary Juli Hammonds Ms Hammonds explained to him the

breaking news stories His initial reactions were of utter shock and sheer disbelief

14 By the end of the day Mark-1rsquos office Mark-1rsquos business phone and Markrsquos

personal cell phone had received over 1000 phone calls from around the nation These

phone calls were in large part harassing and contained countless threats of violence

property harm injury and even death These phone calls included but were not limited

to individuals who were

(a) irate and yelling expletives at whomever answered the

phone

(b) degrading to whomever answered the phone regarding

their stupidity

(c) singing in Arabic for the duration of the phone call or voice

message recording

(d) making threats of injury or death against Mark-1rsquos

employees family children and grandchildren in violent

lurid and grossly specific terms and

(e) directing expletive-laced death threats to whomever

answered the phone

Only a precious few of the calls contained support for the Plaintiffs knowing that Plaintiffs

did not support terrorists However that scant number of positive calls in no way

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 7

18 On or about December 17 2015 four agents from the United States

Department of Homeland Security arrived at Plaintiffrsquos office in Texas City Texas The

Homeland Security Agents met with Vice President of Mark-1 for approximately one to

two hours During this time period he was not allowed to leave the premises After

concluding their investigation the Homeland Security Agents left him with the sinister

admonition that ldquothere are crazy people out thererdquo and to ldquoprotect himself at all timesrdquo

19 In early January 2015 Mark was met by FBI agents at his office The FBI

Agents conducted a very brief and cordial investigation After concluding their

investigation the FBI Agents once again reiterated that Mark must ldquoprotect himselfrdquo

20 In relying on the advice from both the Homeland Security and FBI Agents

Mark began carrying around a handgun for personal protection Additionally local police

made it routine to include his home and office on its routes But these steps in no way

diminish or mitigate the fear anxiety mental anguish and apprehension Mark feels for

his family or that of his family members

21 Throughout the duration of this situation TV stations and news agencies

both local and national have constantly contacted Plaintiffs for an interview Camera

crews were found videotaping Mark-1rsquos and its employeersquos personal automobiles Camera

crews went to Markrsquos house in an attempt to cover the story One news crew even went as

far as arriving at Mark-1rsquos secretary Juli Hammondrsquos daughterrsquos apartment requesting

an interview

22 Demonstrating the breadth and depth of the dissemination Mark has been

contacted by a vast number of news agencies regarding this situation including but not

limited to USA Today CBS NBC and Inside Edition

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 8

23 On December 18 2014 the final episode of the late-night comedy television

series The Colbert Report began with the segment ldquoTexanrsquos Truck in Syriardquo which was a

news story about a Mark-1 Plumbing truck now being used as an anti-aircraft gun in Syria

This episode was watched by 2481 million viewers making it the most watched episode

ever in the showrsquos history As of December 7 2015 the segment ldquoTexanrsquos Truck in Syriardquo

has an additional 67557 views on Comedy Centralrsquos website The widespread viewing of

the segment increased the volume of the harassing and threatening phone calls and has

immeasurably added to the suffering of Mark his family his employees and their families

24 The harassing and threatening phone calls continued for at least three

weeks from when the news story was officially reported Plaintiffs experienced at least

100-200 phone calls per day over this span of time Since that time Plaintiffs continue to

receive one or two phone calls per week However whenever ISIS commits an atrocity

that is reported nationally which occurs with distressing frequency Plaintiffs receive

more phone calls than normal all over again

25 On September 20 2015 the 67th Primetime Emmy Awards were held The

Colbert Report was nominated for ldquoOutstanding Directing for a Variety Seriesrdquo As part of

its show time nomination The Colbert Report included a bit of ldquoTexanrsquos Truck in Syriardquo

The 67th Primetime Emmy Awards was watched by 119 million viewers As a result

Plaintiffs suffered yet another period of non-stop phone calls averaging 100-200 phone

calls per day Plaintiff continues to receive threatening and harassing phone calls

practically each day Nearly one year has passed since the initial news story broke and

Plaintiffs still receive harassing phone calls and threats to this day

26 Through absolutely no fault of their own Plaintiffs have suffered and

continue to suffer damages directly resulting from Defendantrsquos failure to remove the decal

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 9

prior to resale as promised Plaintiffsrsquo plumbing repair work and all other sources of its

revenues have been substantially impacted and its reputation damaged beyond

rehabilitation As a direct result of the damage to Plaintiffsrsquo reputation Plaintiffs have lost

an excess of $100000000

VCAUSES OF ACTION

A RESPONDEAT SUPERIOR

27 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition At all times material to this Petition Defendantrsquos salesman was an employee

or agent of Defendant The acts of the employee were performed while in the employment

of Defendant and were within the course and scope of that employment or within the

authority delegated to the employee Employee was acting in furtherance of Defendantrsquos

business the accomplishment for which the employee was hired

28 Defendant is liable for the negligent acts and omissions of its employees

under the doctrine of vicarious liability or respondeat superior

29 As a result of Defendantrsquos negligent acts and omissions Plaintiffs have

suffered pecuniary harm and request compensatory and punitive damages in an amount

to be determined at trial

B JOINT AND SEVERAL LIABILITY

30 Additionally Defendant is directly liable for the acts and omissions of its

agents servants and employees in allowing a traded-in vehicle with clearly identifiable

marking of its previous business owner to be placed into the stream of commerce without

first removing said identifying markings such that the truck could fall into the hands of

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 10

criminals terrorists or jihadists and be photographed in circumstances which could and

did bring about Plaintiffrsquos severe injury and their incurring of consequent damages

C LIABILITY FOR NEGLIGENCE GROSS NEGLIGENCE AND COMMONLAW TORTS

31 As hereinafter set out in detail Defendant is liable to Plaintiffs for its

negligence and common law torts and for all economic andor compensatory damages

which have been suffered in the past and which in reasonable probability will be suffered

in the future Moreover Defendantrsquos conduct has been so outrageous malicious and

consciously indifferent to the overwhelmingly likely severe harm of the Plaintiffs as to

constitute gross negligence as that term is understood in Texas law for which Plaintiffs

herein seek punitive damages as permitted by common law andor Texas Civil Practice

amp Remedies Code sect 41002

D COMMON-LAW FRAUD

32 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant made a material representation regarding removal of the decals

to Plaintiff to induce him into the transaction Defendant either knew its material

representation regarding removal of the decals was false when stated or Defendant

recklessly stated its material representations as positive assertions without knowledge of

their truth Defendant made these representations with the intent that Plaintiff rely on

them Plaintiff did rely on the representations to his detriment

33 Defendantrsquos false representations directly and proximately caused Plaintiffs

to suffer substantial past damages and in reasonable probability will cause Plaintiffs to

continue to suffer damages into the future

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 11

34 Defendantrsquos actions were fraudulent malicious andor grossly negligent

and subject it to exemplary damages in an amount to be determined by the jury

E NEGLIGENT MISREPRESENTATION

35 In the alternative or in supplement thereto Defendant committed

negligent misrepresentation In the course of Defendantrsquos business and in transactions

involving its own pecuniary interest Defendants made representations to Plaintiffs that

the Defendants would remove Plaintiffsrsquo decals from Plaintiffsrsquo truck prior to resale

Defendants had an interest in Plaintiffs selling their truck to Defendant Plaintiffs

released their truck to Defendant under the pretense that the decals would be removed

prior to resale Defendant negligently supplied false misleading and deceptive

information to Plaintiffs regarding the transaction to induce that very transaction

Defendant wholly failed to exercise that reasonable care and competence of a vehicle

dealership in same or similar circumstances in ensuring the decals were removed prior to

resale Plaintiffs justifiably relied on the representations made by Defendant during the

transaction to their enormous and continuing injury and damage

36 Defendantrsquos misrepresentations proximately caused Plaintiffs to suffer

substantial damages in the past and will in reasonable probability continue to do so into

the future

37 Defendantrsquos actions were negligent malicious andor grossly negligent and

subject it to exemplary damages in an amount to be determined by the jury

F LIBEL PER SE

38 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition Defendantrsquos failure to remove the decals from Plaintiffrsquos truck amounted to

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 12

Defendant implicitly accepting Mark-1 Plumbing Incrsquos decals as its own statement which

was subsequently published nationally Defendantrsquos failure the remove the decal makes

the statement defamatory per se under the common law because when taken as a whole

and as would have been perceived by a reasonable viewer Defendant imputed terroristic

andor jihadist ties and support to the Plaintiffs As a result Plaintiffs were injured in

their profession and occupation and in reasonable probability will continue to be so

injured into the future Such tortious conduct makes the Defendant strictly liable to

Plaintiff under Texas law because it is libelous per se

39 Defendantrsquos statement severely and irretrievably injured Plaintiffsrsquo

reputation and exposed Plaintiffs to national public hatred contempt ridicule and

financial injury and in reasonable probability will continue to do so into the future

40 Plaintiffs have suffered substantial injury as a result of Defendantrsquos

defamatory statements including but not limited to injury to character and reputation

mental anguish loss of past and future income and loss of earning capacity and in

reasonable probability will continue to do so into the future

G INVASION OF PRIVACY BY APPROPRIATION OF NAME

41 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant appropriated Plaintiffsrsquo name when it failed to remove the

traded-in truckrsquos decals prior to resale Plaintiff can be identified from the publication

through the plethora of news articles that include the propaganda photograph Defendant

received advantage in cutting costs by not removing the decals prior to resale

42 As a result of Defendantrsquos appropriation Plaintiff suffered injury to its

reputation prestige social or commercial standing and public interest and in reasonable

probability will continue to do so into the future

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 13

43 Plaintiff has suffered substantial injury as a result of Defendantrsquos invasion

of privacy by appropriation of Plaintiffrsquos name including but not limited to injury to

character and reputation mental anguish loss of past and future income and loss of

earning capacity

H VIOLATIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACTBUSINESS amp COMMERCE CODE sect 1746

44 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant violated Texas Business amp Commerce Code sect 1746 in the

following particulars (2) causing confusion or misunderstanding as to the source

sponsorship approval or certification of goods (3) causing confusion or

misunderstanding as to the affiliation connection or association with or certification by

another (4) using deceptive representations or designations of geographic origin in

connection with goods (5) representing that goods have sponsorship approval which

they do not have for all of which violations Defendant is liable per se

45 Regarding such violations Plaintiffs herein seek damages for past and future

mental anguish all past and future proximately caused economic damages taxable costs

of court and reasonable attorneyrsquos fees together with interest as provided by law all in

conformity with Texas Business amp Commerce Code sect 1750

VIREQUEST FOR DISCLOSURE

46 Pursuant to Rule 194 of the Texas Rules of Civil Procedure Plaintiffs request

that Defendant disclose within the time provided by the Rules the information or

material described in Rule 1942

VIISTATEMENT OF RELIEF

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 14

47 Pursuant to Rule 47(c) of the Texas Rules of Civil Procedure Plaintiffs seek

monetary relief over $100000000

48 Plaintiffs seek damages that are within the jurisdictional limits of this Court

VIIIJURY DEMAND

49 Plaintiffs demand a jury trial and tender the appropriate fee with this

Petition

IXRESERVATION OF RIGHTS

50 Plaintiffs reserve the right to amend their complaint to assert such

additional causes of action as may be revealed during discovery

XPRAYER

WHEREFORE PREMISES CONSIDERED Plaintiffs MARK OBERHOLTZER

and MARK-1 PLUMBING INC pray that Defendant be cited to appear and answer

herein and upon final hearing that Plaintiffs be awarded a judgment and all relief sought

herein against Defendant as follows

a all economic and compensatory damages proved by a

preponderance of evidence

b punitive damages as proved by clear and convincing evidence

c reasonable and necessary attorneysrsquo fees

d pre-judgment and post-judgment interest as provided by law

e court costs and

f all other relief at law or in equity to which Plaintiff is justly

entitled

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 15

Respectfully submitted

L AW OFFICES OF A CRAIG EILAND

By ________________________

A Craig EilandState Bar No 06502380 Austin MartinState Bar No 24090245Old Galveston Square2211 The Strand Suite 201Galveston Texas 77550Telephone (409) 763-3260Facsimile (409) 763-8154ceilandeilandlawcomamartineilandlawcom

ATTORNEYS FOR PLAINTIFFS

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Exhibit A

8202019 Oberholtzer Lawsuit

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-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

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MONEY

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example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

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OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

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8202019 Oberholtzer Lawsuit

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-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

AutoNationcom copy 2013 All rights reserved Privacy Policy | Terms of Use | Careers

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eserved

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Trade-In vs Sellin It M self

Value My Trade

8202019 Oberholtzer Lawsuit

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Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

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Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 2: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 2

Texas and may be contacted through its undersigned attorneys at 2211 Strand Suite 201

Galveston Texas 77550

4 Defendant CHARLIE THOMAS FORD LTD DBA AUTONATION

FORD GULF FREEWAY (hereinafter referred to as ldquoDefendantrdquo) is a Texas limited

partnership with its principal office address as 12227 Gulf Freeway Houston Texas

77034 and may be served with process by serving its registered agent Corporation Service

Company dba CSC-Lawyers Incorporating Service Company at 211 E 7th St Ste 620

Austin Texas 78701-3218

IIIJURISDICTION AND VENUE

5 The exercise of this Courtrsquos jurisdiction over the Defendant is proper This

Court has personal jurisdiction over Defendant because it avails itself of the privilege of

doing business in the State of Texas and the subject matter of this action arises under the

common law and statutes of the State of Texas The amount in controversy exceeds the

minimum jurisdictional limits of this Court

6 Venue is proper in Harris County Texas because all or a substantial part of

the events or omissions giving rise to the claim occurred in Harris County Texas TEX

CIV PRAC amp R EM CODE sect 15002(a)(1)

IVBACKGROUND

7 On October 23 2013 Plaintiff Mark-1 Plumbing Inc (ldquoMark-1rdquo) entered

into a transaction with Defendant involving the trade-in of a 2005 Ford F-250 pickup

truck VIN 1FTSX21P15EC91985 in exchange for a 2012 Ford F-250 pickup truck VIN

1FT7W2BT2CEA10391 plus an installment sales contract This was Plaintiffrsquos first and

only transaction with Defendant

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 326

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 3

8 The transactional documents between Mark-1 and the Defendant included

a ldquoRetail Purchase Agreementrdquo on its face applicable to a ldquolsquoSellerrsquo or lsquoDealerrsquo Retail

Purchase Agreement for a Motor Vehiclerdquo which contained an ldquoArbitration Agreementrdquo

and a ldquoConditional Delivery Agreementrdquo While such written documents admittedly

applied to the sale of the new vehicle Mark-1 purchased they do not apply to the traded-

in vehicle andor they are wholly and completely silent as to subsequent intervening

superseding torts committed by the Defendant which breached common law duties owed

to Plaintiffs such breaches causing severe permanent injury to Plaintiffs and

consequential and punitive damages Moreover the Arbitration Clause in particular and

the total documents generally give no indication nor do they evidence the exchange of

consideration which would reasonably support any contention that such Clause would

limit claims assertable for the Defendantrsquos subsequent sale lease loan or transfer of the

traded-in vehicle with clearly identifiable markings of Plaintiffs upon it to criminals

terrorists jihadists or others of obviously ill-motive

9 While waiting for the paperwork to be processed Plaintiff began peeling off

the ldquoMark-1 Plumbing Incrdquo decal located on the truckrsquos doors when Defendantrsquos

salesman Edgar Velasquez instructed Plaintiff to stop Mr Velasquez told Plaintiff not

to worry about the decal and that peeling the decal off would blemish the vehicle paint

Consistent with Defendantrsquos advertising to potential customers to ldquolet them handle itrdquo

(see Exhibit A) Mr Velasquez further stated that the dealership had something that

works better for removal and they would use it to remove the decal In relying on Mr

Velasquezrsquos statements Plaintiff ceased peeling off the decal and trusted that the decals

would be removed prior to resale At no time did Velasquez or any other agent servant or

employee of the Defendant tell Plaintiff that Defendant would leave the decals on the

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 426

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 4

truck which would be transferred in some fashion to international jihadists conducting

warfare upon innocents in Syria and Plaintiff was not in any conceivable way told

informed or placed on notice that precisely such an incomprehensible and horrific

eventuality would actually occur

10 Over the years Plaintiffs have sold as many as five to ten trucks to different

dealers in Texas Through these transactions Plaintiffs found it to be common practice

for dealerships to remove the decals on vehicles prior to reselling them Onnone of those

occasions have any of those dealers transferred to international jihadists the traded-in

vehicle with Plaintiffsrsquo identifying markings still upon them

11 According to a CARFAX Vehicle History Report (see Exhibit B) the vehicle

was listed as a dealer vehicle sold at a Texas auto auction on November 11 2013 On

December 18 2013 the vehicle was exported from Houston Texas and imported to

Mersin Turkey

12 On December 15 2014

Caleb Weiss of The Long War

Journal tweeted the following

propaganda image of Plaintiffsrsquo Ford

F-250 with an anti-aircraft gun

mounted on it fighting on the front

lines in Syria for Ansar al-Deen a

jihadist group operating near Aleppo

in Syria Plaintiffsrsquo logo and phone

number were still on the vehicle

door

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 5

Within 48 hours the photograph had gone viral via the Internet and multiple news

outlets

13 On December 17 2014 while travelling to Corpus Christi Mark received a

phone call from his secretary Juli Hammonds Ms Hammonds explained to him the

breaking news stories His initial reactions were of utter shock and sheer disbelief

14 By the end of the day Mark-1rsquos office Mark-1rsquos business phone and Markrsquos

personal cell phone had received over 1000 phone calls from around the nation These

phone calls were in large part harassing and contained countless threats of violence

property harm injury and even death These phone calls included but were not limited

to individuals who were

(a) irate and yelling expletives at whomever answered the

phone

(b) degrading to whomever answered the phone regarding

their stupidity

(c) singing in Arabic for the duration of the phone call or voice

message recording

(d) making threats of injury or death against Mark-1rsquos

employees family children and grandchildren in violent

lurid and grossly specific terms and

(e) directing expletive-laced death threats to whomever

answered the phone

Only a precious few of the calls contained support for the Plaintiffs knowing that Plaintiffs

did not support terrorists However that scant number of positive calls in no way

8202019 Oberholtzer Lawsuit

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8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 726

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 7

18 On or about December 17 2015 four agents from the United States

Department of Homeland Security arrived at Plaintiffrsquos office in Texas City Texas The

Homeland Security Agents met with Vice President of Mark-1 for approximately one to

two hours During this time period he was not allowed to leave the premises After

concluding their investigation the Homeland Security Agents left him with the sinister

admonition that ldquothere are crazy people out thererdquo and to ldquoprotect himself at all timesrdquo

19 In early January 2015 Mark was met by FBI agents at his office The FBI

Agents conducted a very brief and cordial investigation After concluding their

investigation the FBI Agents once again reiterated that Mark must ldquoprotect himselfrdquo

20 In relying on the advice from both the Homeland Security and FBI Agents

Mark began carrying around a handgun for personal protection Additionally local police

made it routine to include his home and office on its routes But these steps in no way

diminish or mitigate the fear anxiety mental anguish and apprehension Mark feels for

his family or that of his family members

21 Throughout the duration of this situation TV stations and news agencies

both local and national have constantly contacted Plaintiffs for an interview Camera

crews were found videotaping Mark-1rsquos and its employeersquos personal automobiles Camera

crews went to Markrsquos house in an attempt to cover the story One news crew even went as

far as arriving at Mark-1rsquos secretary Juli Hammondrsquos daughterrsquos apartment requesting

an interview

22 Demonstrating the breadth and depth of the dissemination Mark has been

contacted by a vast number of news agencies regarding this situation including but not

limited to USA Today CBS NBC and Inside Edition

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 826

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 8

23 On December 18 2014 the final episode of the late-night comedy television

series The Colbert Report began with the segment ldquoTexanrsquos Truck in Syriardquo which was a

news story about a Mark-1 Plumbing truck now being used as an anti-aircraft gun in Syria

This episode was watched by 2481 million viewers making it the most watched episode

ever in the showrsquos history As of December 7 2015 the segment ldquoTexanrsquos Truck in Syriardquo

has an additional 67557 views on Comedy Centralrsquos website The widespread viewing of

the segment increased the volume of the harassing and threatening phone calls and has

immeasurably added to the suffering of Mark his family his employees and their families

24 The harassing and threatening phone calls continued for at least three

weeks from when the news story was officially reported Plaintiffs experienced at least

100-200 phone calls per day over this span of time Since that time Plaintiffs continue to

receive one or two phone calls per week However whenever ISIS commits an atrocity

that is reported nationally which occurs with distressing frequency Plaintiffs receive

more phone calls than normal all over again

25 On September 20 2015 the 67th Primetime Emmy Awards were held The

Colbert Report was nominated for ldquoOutstanding Directing for a Variety Seriesrdquo As part of

its show time nomination The Colbert Report included a bit of ldquoTexanrsquos Truck in Syriardquo

The 67th Primetime Emmy Awards was watched by 119 million viewers As a result

Plaintiffs suffered yet another period of non-stop phone calls averaging 100-200 phone

calls per day Plaintiff continues to receive threatening and harassing phone calls

practically each day Nearly one year has passed since the initial news story broke and

Plaintiffs still receive harassing phone calls and threats to this day

26 Through absolutely no fault of their own Plaintiffs have suffered and

continue to suffer damages directly resulting from Defendantrsquos failure to remove the decal

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 926

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 9

prior to resale as promised Plaintiffsrsquo plumbing repair work and all other sources of its

revenues have been substantially impacted and its reputation damaged beyond

rehabilitation As a direct result of the damage to Plaintiffsrsquo reputation Plaintiffs have lost

an excess of $100000000

VCAUSES OF ACTION

A RESPONDEAT SUPERIOR

27 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition At all times material to this Petition Defendantrsquos salesman was an employee

or agent of Defendant The acts of the employee were performed while in the employment

of Defendant and were within the course and scope of that employment or within the

authority delegated to the employee Employee was acting in furtherance of Defendantrsquos

business the accomplishment for which the employee was hired

28 Defendant is liable for the negligent acts and omissions of its employees

under the doctrine of vicarious liability or respondeat superior

29 As a result of Defendantrsquos negligent acts and omissions Plaintiffs have

suffered pecuniary harm and request compensatory and punitive damages in an amount

to be determined at trial

B JOINT AND SEVERAL LIABILITY

30 Additionally Defendant is directly liable for the acts and omissions of its

agents servants and employees in allowing a traded-in vehicle with clearly identifiable

marking of its previous business owner to be placed into the stream of commerce without

first removing said identifying markings such that the truck could fall into the hands of

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1026

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 10

criminals terrorists or jihadists and be photographed in circumstances which could and

did bring about Plaintiffrsquos severe injury and their incurring of consequent damages

C LIABILITY FOR NEGLIGENCE GROSS NEGLIGENCE AND COMMONLAW TORTS

31 As hereinafter set out in detail Defendant is liable to Plaintiffs for its

negligence and common law torts and for all economic andor compensatory damages

which have been suffered in the past and which in reasonable probability will be suffered

in the future Moreover Defendantrsquos conduct has been so outrageous malicious and

consciously indifferent to the overwhelmingly likely severe harm of the Plaintiffs as to

constitute gross negligence as that term is understood in Texas law for which Plaintiffs

herein seek punitive damages as permitted by common law andor Texas Civil Practice

amp Remedies Code sect 41002

D COMMON-LAW FRAUD

32 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant made a material representation regarding removal of the decals

to Plaintiff to induce him into the transaction Defendant either knew its material

representation regarding removal of the decals was false when stated or Defendant

recklessly stated its material representations as positive assertions without knowledge of

their truth Defendant made these representations with the intent that Plaintiff rely on

them Plaintiff did rely on the representations to his detriment

33 Defendantrsquos false representations directly and proximately caused Plaintiffs

to suffer substantial past damages and in reasonable probability will cause Plaintiffs to

continue to suffer damages into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1126

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 11

34 Defendantrsquos actions were fraudulent malicious andor grossly negligent

and subject it to exemplary damages in an amount to be determined by the jury

E NEGLIGENT MISREPRESENTATION

35 In the alternative or in supplement thereto Defendant committed

negligent misrepresentation In the course of Defendantrsquos business and in transactions

involving its own pecuniary interest Defendants made representations to Plaintiffs that

the Defendants would remove Plaintiffsrsquo decals from Plaintiffsrsquo truck prior to resale

Defendants had an interest in Plaintiffs selling their truck to Defendant Plaintiffs

released their truck to Defendant under the pretense that the decals would be removed

prior to resale Defendant negligently supplied false misleading and deceptive

information to Plaintiffs regarding the transaction to induce that very transaction

Defendant wholly failed to exercise that reasonable care and competence of a vehicle

dealership in same or similar circumstances in ensuring the decals were removed prior to

resale Plaintiffs justifiably relied on the representations made by Defendant during the

transaction to their enormous and continuing injury and damage

36 Defendantrsquos misrepresentations proximately caused Plaintiffs to suffer

substantial damages in the past and will in reasonable probability continue to do so into

the future

37 Defendantrsquos actions were negligent malicious andor grossly negligent and

subject it to exemplary damages in an amount to be determined by the jury

F LIBEL PER SE

38 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition Defendantrsquos failure to remove the decals from Plaintiffrsquos truck amounted to

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1226

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 12

Defendant implicitly accepting Mark-1 Plumbing Incrsquos decals as its own statement which

was subsequently published nationally Defendantrsquos failure the remove the decal makes

the statement defamatory per se under the common law because when taken as a whole

and as would have been perceived by a reasonable viewer Defendant imputed terroristic

andor jihadist ties and support to the Plaintiffs As a result Plaintiffs were injured in

their profession and occupation and in reasonable probability will continue to be so

injured into the future Such tortious conduct makes the Defendant strictly liable to

Plaintiff under Texas law because it is libelous per se

39 Defendantrsquos statement severely and irretrievably injured Plaintiffsrsquo

reputation and exposed Plaintiffs to national public hatred contempt ridicule and

financial injury and in reasonable probability will continue to do so into the future

40 Plaintiffs have suffered substantial injury as a result of Defendantrsquos

defamatory statements including but not limited to injury to character and reputation

mental anguish loss of past and future income and loss of earning capacity and in

reasonable probability will continue to do so into the future

G INVASION OF PRIVACY BY APPROPRIATION OF NAME

41 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant appropriated Plaintiffsrsquo name when it failed to remove the

traded-in truckrsquos decals prior to resale Plaintiff can be identified from the publication

through the plethora of news articles that include the propaganda photograph Defendant

received advantage in cutting costs by not removing the decals prior to resale

42 As a result of Defendantrsquos appropriation Plaintiff suffered injury to its

reputation prestige social or commercial standing and public interest and in reasonable

probability will continue to do so into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1326

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 13

43 Plaintiff has suffered substantial injury as a result of Defendantrsquos invasion

of privacy by appropriation of Plaintiffrsquos name including but not limited to injury to

character and reputation mental anguish loss of past and future income and loss of

earning capacity

H VIOLATIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACTBUSINESS amp COMMERCE CODE sect 1746

44 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant violated Texas Business amp Commerce Code sect 1746 in the

following particulars (2) causing confusion or misunderstanding as to the source

sponsorship approval or certification of goods (3) causing confusion or

misunderstanding as to the affiliation connection or association with or certification by

another (4) using deceptive representations or designations of geographic origin in

connection with goods (5) representing that goods have sponsorship approval which

they do not have for all of which violations Defendant is liable per se

45 Regarding such violations Plaintiffs herein seek damages for past and future

mental anguish all past and future proximately caused economic damages taxable costs

of court and reasonable attorneyrsquos fees together with interest as provided by law all in

conformity with Texas Business amp Commerce Code sect 1750

VIREQUEST FOR DISCLOSURE

46 Pursuant to Rule 194 of the Texas Rules of Civil Procedure Plaintiffs request

that Defendant disclose within the time provided by the Rules the information or

material described in Rule 1942

VIISTATEMENT OF RELIEF

8202019 Oberholtzer Lawsuit

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 14

47 Pursuant to Rule 47(c) of the Texas Rules of Civil Procedure Plaintiffs seek

monetary relief over $100000000

48 Plaintiffs seek damages that are within the jurisdictional limits of this Court

VIIIJURY DEMAND

49 Plaintiffs demand a jury trial and tender the appropriate fee with this

Petition

IXRESERVATION OF RIGHTS

50 Plaintiffs reserve the right to amend their complaint to assert such

additional causes of action as may be revealed during discovery

XPRAYER

WHEREFORE PREMISES CONSIDERED Plaintiffs MARK OBERHOLTZER

and MARK-1 PLUMBING INC pray that Defendant be cited to appear and answer

herein and upon final hearing that Plaintiffs be awarded a judgment and all relief sought

herein against Defendant as follows

a all economic and compensatory damages proved by a

preponderance of evidence

b punitive damages as proved by clear and convincing evidence

c reasonable and necessary attorneysrsquo fees

d pre-judgment and post-judgment interest as provided by law

e court costs and

f all other relief at law or in equity to which Plaintiff is justly

entitled

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 15

Respectfully submitted

L AW OFFICES OF A CRAIG EILAND

By ________________________

A Craig EilandState Bar No 06502380 Austin MartinState Bar No 24090245Old Galveston Square2211 The Strand Suite 201Galveston Texas 77550Telephone (409) 763-3260Facsimile (409) 763-8154ceilandeilandlawcomamartineilandlawcom

ATTORNEYS FOR PLAINTIFFS

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1626

Exhibit A

8202019 Oberholtzer Lawsuit

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-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

H

Keyword Search

httpwwwautonationcomhoustonvalue-trade-intrade-in-vs-selling-it-myself Go

8202019 Oberholtzer Lawsuit

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-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

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ACURAAut oNati on A cur a Gulf Freeway

BMWMW of Houston

BMWMINIMW of The Woodlands

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MITSUBISHI Aut oNati on Mi tsu bis hi Gu lf Fr eeway

NISSAN Aut oNati on Nissan Katy

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eserved

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8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 3: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 3

8 The transactional documents between Mark-1 and the Defendant included

a ldquoRetail Purchase Agreementrdquo on its face applicable to a ldquolsquoSellerrsquo or lsquoDealerrsquo Retail

Purchase Agreement for a Motor Vehiclerdquo which contained an ldquoArbitration Agreementrdquo

and a ldquoConditional Delivery Agreementrdquo While such written documents admittedly

applied to the sale of the new vehicle Mark-1 purchased they do not apply to the traded-

in vehicle andor they are wholly and completely silent as to subsequent intervening

superseding torts committed by the Defendant which breached common law duties owed

to Plaintiffs such breaches causing severe permanent injury to Plaintiffs and

consequential and punitive damages Moreover the Arbitration Clause in particular and

the total documents generally give no indication nor do they evidence the exchange of

consideration which would reasonably support any contention that such Clause would

limit claims assertable for the Defendantrsquos subsequent sale lease loan or transfer of the

traded-in vehicle with clearly identifiable markings of Plaintiffs upon it to criminals

terrorists jihadists or others of obviously ill-motive

9 While waiting for the paperwork to be processed Plaintiff began peeling off

the ldquoMark-1 Plumbing Incrdquo decal located on the truckrsquos doors when Defendantrsquos

salesman Edgar Velasquez instructed Plaintiff to stop Mr Velasquez told Plaintiff not

to worry about the decal and that peeling the decal off would blemish the vehicle paint

Consistent with Defendantrsquos advertising to potential customers to ldquolet them handle itrdquo

(see Exhibit A) Mr Velasquez further stated that the dealership had something that

works better for removal and they would use it to remove the decal In relying on Mr

Velasquezrsquos statements Plaintiff ceased peeling off the decal and trusted that the decals

would be removed prior to resale At no time did Velasquez or any other agent servant or

employee of the Defendant tell Plaintiff that Defendant would leave the decals on the

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 426

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 4

truck which would be transferred in some fashion to international jihadists conducting

warfare upon innocents in Syria and Plaintiff was not in any conceivable way told

informed or placed on notice that precisely such an incomprehensible and horrific

eventuality would actually occur

10 Over the years Plaintiffs have sold as many as five to ten trucks to different

dealers in Texas Through these transactions Plaintiffs found it to be common practice

for dealerships to remove the decals on vehicles prior to reselling them Onnone of those

occasions have any of those dealers transferred to international jihadists the traded-in

vehicle with Plaintiffsrsquo identifying markings still upon them

11 According to a CARFAX Vehicle History Report (see Exhibit B) the vehicle

was listed as a dealer vehicle sold at a Texas auto auction on November 11 2013 On

December 18 2013 the vehicle was exported from Houston Texas and imported to

Mersin Turkey

12 On December 15 2014

Caleb Weiss of The Long War

Journal tweeted the following

propaganda image of Plaintiffsrsquo Ford

F-250 with an anti-aircraft gun

mounted on it fighting on the front

lines in Syria for Ansar al-Deen a

jihadist group operating near Aleppo

in Syria Plaintiffsrsquo logo and phone

number were still on the vehicle

door

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 5

Within 48 hours the photograph had gone viral via the Internet and multiple news

outlets

13 On December 17 2014 while travelling to Corpus Christi Mark received a

phone call from his secretary Juli Hammonds Ms Hammonds explained to him the

breaking news stories His initial reactions were of utter shock and sheer disbelief

14 By the end of the day Mark-1rsquos office Mark-1rsquos business phone and Markrsquos

personal cell phone had received over 1000 phone calls from around the nation These

phone calls were in large part harassing and contained countless threats of violence

property harm injury and even death These phone calls included but were not limited

to individuals who were

(a) irate and yelling expletives at whomever answered the

phone

(b) degrading to whomever answered the phone regarding

their stupidity

(c) singing in Arabic for the duration of the phone call or voice

message recording

(d) making threats of injury or death against Mark-1rsquos

employees family children and grandchildren in violent

lurid and grossly specific terms and

(e) directing expletive-laced death threats to whomever

answered the phone

Only a precious few of the calls contained support for the Plaintiffs knowing that Plaintiffs

did not support terrorists However that scant number of positive calls in no way

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 626

8202019 Oberholtzer Lawsuit

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 7

18 On or about December 17 2015 four agents from the United States

Department of Homeland Security arrived at Plaintiffrsquos office in Texas City Texas The

Homeland Security Agents met with Vice President of Mark-1 for approximately one to

two hours During this time period he was not allowed to leave the premises After

concluding their investigation the Homeland Security Agents left him with the sinister

admonition that ldquothere are crazy people out thererdquo and to ldquoprotect himself at all timesrdquo

19 In early January 2015 Mark was met by FBI agents at his office The FBI

Agents conducted a very brief and cordial investigation After concluding their

investigation the FBI Agents once again reiterated that Mark must ldquoprotect himselfrdquo

20 In relying on the advice from both the Homeland Security and FBI Agents

Mark began carrying around a handgun for personal protection Additionally local police

made it routine to include his home and office on its routes But these steps in no way

diminish or mitigate the fear anxiety mental anguish and apprehension Mark feels for

his family or that of his family members

21 Throughout the duration of this situation TV stations and news agencies

both local and national have constantly contacted Plaintiffs for an interview Camera

crews were found videotaping Mark-1rsquos and its employeersquos personal automobiles Camera

crews went to Markrsquos house in an attempt to cover the story One news crew even went as

far as arriving at Mark-1rsquos secretary Juli Hammondrsquos daughterrsquos apartment requesting

an interview

22 Demonstrating the breadth and depth of the dissemination Mark has been

contacted by a vast number of news agencies regarding this situation including but not

limited to USA Today CBS NBC and Inside Edition

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 826

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 8

23 On December 18 2014 the final episode of the late-night comedy television

series The Colbert Report began with the segment ldquoTexanrsquos Truck in Syriardquo which was a

news story about a Mark-1 Plumbing truck now being used as an anti-aircraft gun in Syria

This episode was watched by 2481 million viewers making it the most watched episode

ever in the showrsquos history As of December 7 2015 the segment ldquoTexanrsquos Truck in Syriardquo

has an additional 67557 views on Comedy Centralrsquos website The widespread viewing of

the segment increased the volume of the harassing and threatening phone calls and has

immeasurably added to the suffering of Mark his family his employees and their families

24 The harassing and threatening phone calls continued for at least three

weeks from when the news story was officially reported Plaintiffs experienced at least

100-200 phone calls per day over this span of time Since that time Plaintiffs continue to

receive one or two phone calls per week However whenever ISIS commits an atrocity

that is reported nationally which occurs with distressing frequency Plaintiffs receive

more phone calls than normal all over again

25 On September 20 2015 the 67th Primetime Emmy Awards were held The

Colbert Report was nominated for ldquoOutstanding Directing for a Variety Seriesrdquo As part of

its show time nomination The Colbert Report included a bit of ldquoTexanrsquos Truck in Syriardquo

The 67th Primetime Emmy Awards was watched by 119 million viewers As a result

Plaintiffs suffered yet another period of non-stop phone calls averaging 100-200 phone

calls per day Plaintiff continues to receive threatening and harassing phone calls

practically each day Nearly one year has passed since the initial news story broke and

Plaintiffs still receive harassing phone calls and threats to this day

26 Through absolutely no fault of their own Plaintiffs have suffered and

continue to suffer damages directly resulting from Defendantrsquos failure to remove the decal

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 926

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 9

prior to resale as promised Plaintiffsrsquo plumbing repair work and all other sources of its

revenues have been substantially impacted and its reputation damaged beyond

rehabilitation As a direct result of the damage to Plaintiffsrsquo reputation Plaintiffs have lost

an excess of $100000000

VCAUSES OF ACTION

A RESPONDEAT SUPERIOR

27 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition At all times material to this Petition Defendantrsquos salesman was an employee

or agent of Defendant The acts of the employee were performed while in the employment

of Defendant and were within the course and scope of that employment or within the

authority delegated to the employee Employee was acting in furtherance of Defendantrsquos

business the accomplishment for which the employee was hired

28 Defendant is liable for the negligent acts and omissions of its employees

under the doctrine of vicarious liability or respondeat superior

29 As a result of Defendantrsquos negligent acts and omissions Plaintiffs have

suffered pecuniary harm and request compensatory and punitive damages in an amount

to be determined at trial

B JOINT AND SEVERAL LIABILITY

30 Additionally Defendant is directly liable for the acts and omissions of its

agents servants and employees in allowing a traded-in vehicle with clearly identifiable

marking of its previous business owner to be placed into the stream of commerce without

first removing said identifying markings such that the truck could fall into the hands of

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1026

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 10

criminals terrorists or jihadists and be photographed in circumstances which could and

did bring about Plaintiffrsquos severe injury and their incurring of consequent damages

C LIABILITY FOR NEGLIGENCE GROSS NEGLIGENCE AND COMMONLAW TORTS

31 As hereinafter set out in detail Defendant is liable to Plaintiffs for its

negligence and common law torts and for all economic andor compensatory damages

which have been suffered in the past and which in reasonable probability will be suffered

in the future Moreover Defendantrsquos conduct has been so outrageous malicious and

consciously indifferent to the overwhelmingly likely severe harm of the Plaintiffs as to

constitute gross negligence as that term is understood in Texas law for which Plaintiffs

herein seek punitive damages as permitted by common law andor Texas Civil Practice

amp Remedies Code sect 41002

D COMMON-LAW FRAUD

32 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant made a material representation regarding removal of the decals

to Plaintiff to induce him into the transaction Defendant either knew its material

representation regarding removal of the decals was false when stated or Defendant

recklessly stated its material representations as positive assertions without knowledge of

their truth Defendant made these representations with the intent that Plaintiff rely on

them Plaintiff did rely on the representations to his detriment

33 Defendantrsquos false representations directly and proximately caused Plaintiffs

to suffer substantial past damages and in reasonable probability will cause Plaintiffs to

continue to suffer damages into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1126

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 11

34 Defendantrsquos actions were fraudulent malicious andor grossly negligent

and subject it to exemplary damages in an amount to be determined by the jury

E NEGLIGENT MISREPRESENTATION

35 In the alternative or in supplement thereto Defendant committed

negligent misrepresentation In the course of Defendantrsquos business and in transactions

involving its own pecuniary interest Defendants made representations to Plaintiffs that

the Defendants would remove Plaintiffsrsquo decals from Plaintiffsrsquo truck prior to resale

Defendants had an interest in Plaintiffs selling their truck to Defendant Plaintiffs

released their truck to Defendant under the pretense that the decals would be removed

prior to resale Defendant negligently supplied false misleading and deceptive

information to Plaintiffs regarding the transaction to induce that very transaction

Defendant wholly failed to exercise that reasonable care and competence of a vehicle

dealership in same or similar circumstances in ensuring the decals were removed prior to

resale Plaintiffs justifiably relied on the representations made by Defendant during the

transaction to their enormous and continuing injury and damage

36 Defendantrsquos misrepresentations proximately caused Plaintiffs to suffer

substantial damages in the past and will in reasonable probability continue to do so into

the future

37 Defendantrsquos actions were negligent malicious andor grossly negligent and

subject it to exemplary damages in an amount to be determined by the jury

F LIBEL PER SE

38 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition Defendantrsquos failure to remove the decals from Plaintiffrsquos truck amounted to

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1226

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 12

Defendant implicitly accepting Mark-1 Plumbing Incrsquos decals as its own statement which

was subsequently published nationally Defendantrsquos failure the remove the decal makes

the statement defamatory per se under the common law because when taken as a whole

and as would have been perceived by a reasonable viewer Defendant imputed terroristic

andor jihadist ties and support to the Plaintiffs As a result Plaintiffs were injured in

their profession and occupation and in reasonable probability will continue to be so

injured into the future Such tortious conduct makes the Defendant strictly liable to

Plaintiff under Texas law because it is libelous per se

39 Defendantrsquos statement severely and irretrievably injured Plaintiffsrsquo

reputation and exposed Plaintiffs to national public hatred contempt ridicule and

financial injury and in reasonable probability will continue to do so into the future

40 Plaintiffs have suffered substantial injury as a result of Defendantrsquos

defamatory statements including but not limited to injury to character and reputation

mental anguish loss of past and future income and loss of earning capacity and in

reasonable probability will continue to do so into the future

G INVASION OF PRIVACY BY APPROPRIATION OF NAME

41 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant appropriated Plaintiffsrsquo name when it failed to remove the

traded-in truckrsquos decals prior to resale Plaintiff can be identified from the publication

through the plethora of news articles that include the propaganda photograph Defendant

received advantage in cutting costs by not removing the decals prior to resale

42 As a result of Defendantrsquos appropriation Plaintiff suffered injury to its

reputation prestige social or commercial standing and public interest and in reasonable

probability will continue to do so into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1326

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 13

43 Plaintiff has suffered substantial injury as a result of Defendantrsquos invasion

of privacy by appropriation of Plaintiffrsquos name including but not limited to injury to

character and reputation mental anguish loss of past and future income and loss of

earning capacity

H VIOLATIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACTBUSINESS amp COMMERCE CODE sect 1746

44 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant violated Texas Business amp Commerce Code sect 1746 in the

following particulars (2) causing confusion or misunderstanding as to the source

sponsorship approval or certification of goods (3) causing confusion or

misunderstanding as to the affiliation connection or association with or certification by

another (4) using deceptive representations or designations of geographic origin in

connection with goods (5) representing that goods have sponsorship approval which

they do not have for all of which violations Defendant is liable per se

45 Regarding such violations Plaintiffs herein seek damages for past and future

mental anguish all past and future proximately caused economic damages taxable costs

of court and reasonable attorneyrsquos fees together with interest as provided by law all in

conformity with Texas Business amp Commerce Code sect 1750

VIREQUEST FOR DISCLOSURE

46 Pursuant to Rule 194 of the Texas Rules of Civil Procedure Plaintiffs request

that Defendant disclose within the time provided by the Rules the information or

material described in Rule 1942

VIISTATEMENT OF RELIEF

8202019 Oberholtzer Lawsuit

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 14

47 Pursuant to Rule 47(c) of the Texas Rules of Civil Procedure Plaintiffs seek

monetary relief over $100000000

48 Plaintiffs seek damages that are within the jurisdictional limits of this Court

VIIIJURY DEMAND

49 Plaintiffs demand a jury trial and tender the appropriate fee with this

Petition

IXRESERVATION OF RIGHTS

50 Plaintiffs reserve the right to amend their complaint to assert such

additional causes of action as may be revealed during discovery

XPRAYER

WHEREFORE PREMISES CONSIDERED Plaintiffs MARK OBERHOLTZER

and MARK-1 PLUMBING INC pray that Defendant be cited to appear and answer

herein and upon final hearing that Plaintiffs be awarded a judgment and all relief sought

herein against Defendant as follows

a all economic and compensatory damages proved by a

preponderance of evidence

b punitive damages as proved by clear and convincing evidence

c reasonable and necessary attorneysrsquo fees

d pre-judgment and post-judgment interest as provided by law

e court costs and

f all other relief at law or in equity to which Plaintiff is justly

entitled

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 15

Respectfully submitted

L AW OFFICES OF A CRAIG EILAND

By ________________________

A Craig EilandState Bar No 06502380 Austin MartinState Bar No 24090245Old Galveston Square2211 The Strand Suite 201Galveston Texas 77550Telephone (409) 763-3260Facsimile (409) 763-8154ceilandeilandlawcomamartineilandlawcom

ATTORNEYS FOR PLAINTIFFS

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1626

Exhibit A

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1726

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

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6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

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8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

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8202019 Oberholtzer Lawsuit

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Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 4: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

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PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 4

truck which would be transferred in some fashion to international jihadists conducting

warfare upon innocents in Syria and Plaintiff was not in any conceivable way told

informed or placed on notice that precisely such an incomprehensible and horrific

eventuality would actually occur

10 Over the years Plaintiffs have sold as many as five to ten trucks to different

dealers in Texas Through these transactions Plaintiffs found it to be common practice

for dealerships to remove the decals on vehicles prior to reselling them Onnone of those

occasions have any of those dealers transferred to international jihadists the traded-in

vehicle with Plaintiffsrsquo identifying markings still upon them

11 According to a CARFAX Vehicle History Report (see Exhibit B) the vehicle

was listed as a dealer vehicle sold at a Texas auto auction on November 11 2013 On

December 18 2013 the vehicle was exported from Houston Texas and imported to

Mersin Turkey

12 On December 15 2014

Caleb Weiss of The Long War

Journal tweeted the following

propaganda image of Plaintiffsrsquo Ford

F-250 with an anti-aircraft gun

mounted on it fighting on the front

lines in Syria for Ansar al-Deen a

jihadist group operating near Aleppo

in Syria Plaintiffsrsquo logo and phone

number were still on the vehicle

door

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 5

Within 48 hours the photograph had gone viral via the Internet and multiple news

outlets

13 On December 17 2014 while travelling to Corpus Christi Mark received a

phone call from his secretary Juli Hammonds Ms Hammonds explained to him the

breaking news stories His initial reactions were of utter shock and sheer disbelief

14 By the end of the day Mark-1rsquos office Mark-1rsquos business phone and Markrsquos

personal cell phone had received over 1000 phone calls from around the nation These

phone calls were in large part harassing and contained countless threats of violence

property harm injury and even death These phone calls included but were not limited

to individuals who were

(a) irate and yelling expletives at whomever answered the

phone

(b) degrading to whomever answered the phone regarding

their stupidity

(c) singing in Arabic for the duration of the phone call or voice

message recording

(d) making threats of injury or death against Mark-1rsquos

employees family children and grandchildren in violent

lurid and grossly specific terms and

(e) directing expletive-laced death threats to whomever

answered the phone

Only a precious few of the calls contained support for the Plaintiffs knowing that Plaintiffs

did not support terrorists However that scant number of positive calls in no way

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 626

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 726

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 7

18 On or about December 17 2015 four agents from the United States

Department of Homeland Security arrived at Plaintiffrsquos office in Texas City Texas The

Homeland Security Agents met with Vice President of Mark-1 for approximately one to

two hours During this time period he was not allowed to leave the premises After

concluding their investigation the Homeland Security Agents left him with the sinister

admonition that ldquothere are crazy people out thererdquo and to ldquoprotect himself at all timesrdquo

19 In early January 2015 Mark was met by FBI agents at his office The FBI

Agents conducted a very brief and cordial investigation After concluding their

investigation the FBI Agents once again reiterated that Mark must ldquoprotect himselfrdquo

20 In relying on the advice from both the Homeland Security and FBI Agents

Mark began carrying around a handgun for personal protection Additionally local police

made it routine to include his home and office on its routes But these steps in no way

diminish or mitigate the fear anxiety mental anguish and apprehension Mark feels for

his family or that of his family members

21 Throughout the duration of this situation TV stations and news agencies

both local and national have constantly contacted Plaintiffs for an interview Camera

crews were found videotaping Mark-1rsquos and its employeersquos personal automobiles Camera

crews went to Markrsquos house in an attempt to cover the story One news crew even went as

far as arriving at Mark-1rsquos secretary Juli Hammondrsquos daughterrsquos apartment requesting

an interview

22 Demonstrating the breadth and depth of the dissemination Mark has been

contacted by a vast number of news agencies regarding this situation including but not

limited to USA Today CBS NBC and Inside Edition

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 826

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 8

23 On December 18 2014 the final episode of the late-night comedy television

series The Colbert Report began with the segment ldquoTexanrsquos Truck in Syriardquo which was a

news story about a Mark-1 Plumbing truck now being used as an anti-aircraft gun in Syria

This episode was watched by 2481 million viewers making it the most watched episode

ever in the showrsquos history As of December 7 2015 the segment ldquoTexanrsquos Truck in Syriardquo

has an additional 67557 views on Comedy Centralrsquos website The widespread viewing of

the segment increased the volume of the harassing and threatening phone calls and has

immeasurably added to the suffering of Mark his family his employees and their families

24 The harassing and threatening phone calls continued for at least three

weeks from when the news story was officially reported Plaintiffs experienced at least

100-200 phone calls per day over this span of time Since that time Plaintiffs continue to

receive one or two phone calls per week However whenever ISIS commits an atrocity

that is reported nationally which occurs with distressing frequency Plaintiffs receive

more phone calls than normal all over again

25 On September 20 2015 the 67th Primetime Emmy Awards were held The

Colbert Report was nominated for ldquoOutstanding Directing for a Variety Seriesrdquo As part of

its show time nomination The Colbert Report included a bit of ldquoTexanrsquos Truck in Syriardquo

The 67th Primetime Emmy Awards was watched by 119 million viewers As a result

Plaintiffs suffered yet another period of non-stop phone calls averaging 100-200 phone

calls per day Plaintiff continues to receive threatening and harassing phone calls

practically each day Nearly one year has passed since the initial news story broke and

Plaintiffs still receive harassing phone calls and threats to this day

26 Through absolutely no fault of their own Plaintiffs have suffered and

continue to suffer damages directly resulting from Defendantrsquos failure to remove the decal

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 926

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 9

prior to resale as promised Plaintiffsrsquo plumbing repair work and all other sources of its

revenues have been substantially impacted and its reputation damaged beyond

rehabilitation As a direct result of the damage to Plaintiffsrsquo reputation Plaintiffs have lost

an excess of $100000000

VCAUSES OF ACTION

A RESPONDEAT SUPERIOR

27 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition At all times material to this Petition Defendantrsquos salesman was an employee

or agent of Defendant The acts of the employee were performed while in the employment

of Defendant and were within the course and scope of that employment or within the

authority delegated to the employee Employee was acting in furtherance of Defendantrsquos

business the accomplishment for which the employee was hired

28 Defendant is liable for the negligent acts and omissions of its employees

under the doctrine of vicarious liability or respondeat superior

29 As a result of Defendantrsquos negligent acts and omissions Plaintiffs have

suffered pecuniary harm and request compensatory and punitive damages in an amount

to be determined at trial

B JOINT AND SEVERAL LIABILITY

30 Additionally Defendant is directly liable for the acts and omissions of its

agents servants and employees in allowing a traded-in vehicle with clearly identifiable

marking of its previous business owner to be placed into the stream of commerce without

first removing said identifying markings such that the truck could fall into the hands of

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1026

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 10

criminals terrorists or jihadists and be photographed in circumstances which could and

did bring about Plaintiffrsquos severe injury and their incurring of consequent damages

C LIABILITY FOR NEGLIGENCE GROSS NEGLIGENCE AND COMMONLAW TORTS

31 As hereinafter set out in detail Defendant is liable to Plaintiffs for its

negligence and common law torts and for all economic andor compensatory damages

which have been suffered in the past and which in reasonable probability will be suffered

in the future Moreover Defendantrsquos conduct has been so outrageous malicious and

consciously indifferent to the overwhelmingly likely severe harm of the Plaintiffs as to

constitute gross negligence as that term is understood in Texas law for which Plaintiffs

herein seek punitive damages as permitted by common law andor Texas Civil Practice

amp Remedies Code sect 41002

D COMMON-LAW FRAUD

32 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant made a material representation regarding removal of the decals

to Plaintiff to induce him into the transaction Defendant either knew its material

representation regarding removal of the decals was false when stated or Defendant

recklessly stated its material representations as positive assertions without knowledge of

their truth Defendant made these representations with the intent that Plaintiff rely on

them Plaintiff did rely on the representations to his detriment

33 Defendantrsquos false representations directly and proximately caused Plaintiffs

to suffer substantial past damages and in reasonable probability will cause Plaintiffs to

continue to suffer damages into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1126

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 11

34 Defendantrsquos actions were fraudulent malicious andor grossly negligent

and subject it to exemplary damages in an amount to be determined by the jury

E NEGLIGENT MISREPRESENTATION

35 In the alternative or in supplement thereto Defendant committed

negligent misrepresentation In the course of Defendantrsquos business and in transactions

involving its own pecuniary interest Defendants made representations to Plaintiffs that

the Defendants would remove Plaintiffsrsquo decals from Plaintiffsrsquo truck prior to resale

Defendants had an interest in Plaintiffs selling their truck to Defendant Plaintiffs

released their truck to Defendant under the pretense that the decals would be removed

prior to resale Defendant negligently supplied false misleading and deceptive

information to Plaintiffs regarding the transaction to induce that very transaction

Defendant wholly failed to exercise that reasonable care and competence of a vehicle

dealership in same or similar circumstances in ensuring the decals were removed prior to

resale Plaintiffs justifiably relied on the representations made by Defendant during the

transaction to their enormous and continuing injury and damage

36 Defendantrsquos misrepresentations proximately caused Plaintiffs to suffer

substantial damages in the past and will in reasonable probability continue to do so into

the future

37 Defendantrsquos actions were negligent malicious andor grossly negligent and

subject it to exemplary damages in an amount to be determined by the jury

F LIBEL PER SE

38 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition Defendantrsquos failure to remove the decals from Plaintiffrsquos truck amounted to

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1226

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 12

Defendant implicitly accepting Mark-1 Plumbing Incrsquos decals as its own statement which

was subsequently published nationally Defendantrsquos failure the remove the decal makes

the statement defamatory per se under the common law because when taken as a whole

and as would have been perceived by a reasonable viewer Defendant imputed terroristic

andor jihadist ties and support to the Plaintiffs As a result Plaintiffs were injured in

their profession and occupation and in reasonable probability will continue to be so

injured into the future Such tortious conduct makes the Defendant strictly liable to

Plaintiff under Texas law because it is libelous per se

39 Defendantrsquos statement severely and irretrievably injured Plaintiffsrsquo

reputation and exposed Plaintiffs to national public hatred contempt ridicule and

financial injury and in reasonable probability will continue to do so into the future

40 Plaintiffs have suffered substantial injury as a result of Defendantrsquos

defamatory statements including but not limited to injury to character and reputation

mental anguish loss of past and future income and loss of earning capacity and in

reasonable probability will continue to do so into the future

G INVASION OF PRIVACY BY APPROPRIATION OF NAME

41 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant appropriated Plaintiffsrsquo name when it failed to remove the

traded-in truckrsquos decals prior to resale Plaintiff can be identified from the publication

through the plethora of news articles that include the propaganda photograph Defendant

received advantage in cutting costs by not removing the decals prior to resale

42 As a result of Defendantrsquos appropriation Plaintiff suffered injury to its

reputation prestige social or commercial standing and public interest and in reasonable

probability will continue to do so into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1326

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 13

43 Plaintiff has suffered substantial injury as a result of Defendantrsquos invasion

of privacy by appropriation of Plaintiffrsquos name including but not limited to injury to

character and reputation mental anguish loss of past and future income and loss of

earning capacity

H VIOLATIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACTBUSINESS amp COMMERCE CODE sect 1746

44 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant violated Texas Business amp Commerce Code sect 1746 in the

following particulars (2) causing confusion or misunderstanding as to the source

sponsorship approval or certification of goods (3) causing confusion or

misunderstanding as to the affiliation connection or association with or certification by

another (4) using deceptive representations or designations of geographic origin in

connection with goods (5) representing that goods have sponsorship approval which

they do not have for all of which violations Defendant is liable per se

45 Regarding such violations Plaintiffs herein seek damages for past and future

mental anguish all past and future proximately caused economic damages taxable costs

of court and reasonable attorneyrsquos fees together with interest as provided by law all in

conformity with Texas Business amp Commerce Code sect 1750

VIREQUEST FOR DISCLOSURE

46 Pursuant to Rule 194 of the Texas Rules of Civil Procedure Plaintiffs request

that Defendant disclose within the time provided by the Rules the information or

material described in Rule 1942

VIISTATEMENT OF RELIEF

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1426

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 14

47 Pursuant to Rule 47(c) of the Texas Rules of Civil Procedure Plaintiffs seek

monetary relief over $100000000

48 Plaintiffs seek damages that are within the jurisdictional limits of this Court

VIIIJURY DEMAND

49 Plaintiffs demand a jury trial and tender the appropriate fee with this

Petition

IXRESERVATION OF RIGHTS

50 Plaintiffs reserve the right to amend their complaint to assert such

additional causes of action as may be revealed during discovery

XPRAYER

WHEREFORE PREMISES CONSIDERED Plaintiffs MARK OBERHOLTZER

and MARK-1 PLUMBING INC pray that Defendant be cited to appear and answer

herein and upon final hearing that Plaintiffs be awarded a judgment and all relief sought

herein against Defendant as follows

a all economic and compensatory damages proved by a

preponderance of evidence

b punitive damages as proved by clear and convincing evidence

c reasonable and necessary attorneysrsquo fees

d pre-judgment and post-judgment interest as provided by law

e court costs and

f all other relief at law or in equity to which Plaintiff is justly

entitled

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 15

Respectfully submitted

L AW OFFICES OF A CRAIG EILAND

By ________________________

A Craig EilandState Bar No 06502380 Austin MartinState Bar No 24090245Old Galveston Square2211 The Strand Suite 201Galveston Texas 77550Telephone (409) 763-3260Facsimile (409) 763-8154ceilandeilandlawcomamartineilandlawcom

ATTORNEYS FOR PLAINTIFFS

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1626

Exhibit A

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1726

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

H

Keyword Search

httpwwwautonationcomhoustonvalue-trade-intrade-in-vs-selling-it-myself Go

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

AutoNationcom copy 2013 All rights reserved Privacy Policy | Terms of Use | Careers

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Investor Relations BlogFOLLOW US

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copy 2013 AutoNationcom All rights

eserved

About AutoNation

Locate a Store in Your Area

Investor Relations

Site Map

Fleet Sales

ind a Vehicle

More Search Optionsinancing

Start The Finance Process

ease vs Buy

Vehicle Protection Videos

Get an Extended Warranty

Value My Trade-In

Trade-In Appraisal

Trade-In vs Sellin It M self

Value My Trade

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 5: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 5

Within 48 hours the photograph had gone viral via the Internet and multiple news

outlets

13 On December 17 2014 while travelling to Corpus Christi Mark received a

phone call from his secretary Juli Hammonds Ms Hammonds explained to him the

breaking news stories His initial reactions were of utter shock and sheer disbelief

14 By the end of the day Mark-1rsquos office Mark-1rsquos business phone and Markrsquos

personal cell phone had received over 1000 phone calls from around the nation These

phone calls were in large part harassing and contained countless threats of violence

property harm injury and even death These phone calls included but were not limited

to individuals who were

(a) irate and yelling expletives at whomever answered the

phone

(b) degrading to whomever answered the phone regarding

their stupidity

(c) singing in Arabic for the duration of the phone call or voice

message recording

(d) making threats of injury or death against Mark-1rsquos

employees family children and grandchildren in violent

lurid and grossly specific terms and

(e) directing expletive-laced death threats to whomever

answered the phone

Only a precious few of the calls contained support for the Plaintiffs knowing that Plaintiffs

did not support terrorists However that scant number of positive calls in no way

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 626

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 726

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 7

18 On or about December 17 2015 four agents from the United States

Department of Homeland Security arrived at Plaintiffrsquos office in Texas City Texas The

Homeland Security Agents met with Vice President of Mark-1 for approximately one to

two hours During this time period he was not allowed to leave the premises After

concluding their investigation the Homeland Security Agents left him with the sinister

admonition that ldquothere are crazy people out thererdquo and to ldquoprotect himself at all timesrdquo

19 In early January 2015 Mark was met by FBI agents at his office The FBI

Agents conducted a very brief and cordial investigation After concluding their

investigation the FBI Agents once again reiterated that Mark must ldquoprotect himselfrdquo

20 In relying on the advice from both the Homeland Security and FBI Agents

Mark began carrying around a handgun for personal protection Additionally local police

made it routine to include his home and office on its routes But these steps in no way

diminish or mitigate the fear anxiety mental anguish and apprehension Mark feels for

his family or that of his family members

21 Throughout the duration of this situation TV stations and news agencies

both local and national have constantly contacted Plaintiffs for an interview Camera

crews were found videotaping Mark-1rsquos and its employeersquos personal automobiles Camera

crews went to Markrsquos house in an attempt to cover the story One news crew even went as

far as arriving at Mark-1rsquos secretary Juli Hammondrsquos daughterrsquos apartment requesting

an interview

22 Demonstrating the breadth and depth of the dissemination Mark has been

contacted by a vast number of news agencies regarding this situation including but not

limited to USA Today CBS NBC and Inside Edition

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 826

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 8

23 On December 18 2014 the final episode of the late-night comedy television

series The Colbert Report began with the segment ldquoTexanrsquos Truck in Syriardquo which was a

news story about a Mark-1 Plumbing truck now being used as an anti-aircraft gun in Syria

This episode was watched by 2481 million viewers making it the most watched episode

ever in the showrsquos history As of December 7 2015 the segment ldquoTexanrsquos Truck in Syriardquo

has an additional 67557 views on Comedy Centralrsquos website The widespread viewing of

the segment increased the volume of the harassing and threatening phone calls and has

immeasurably added to the suffering of Mark his family his employees and their families

24 The harassing and threatening phone calls continued for at least three

weeks from when the news story was officially reported Plaintiffs experienced at least

100-200 phone calls per day over this span of time Since that time Plaintiffs continue to

receive one or two phone calls per week However whenever ISIS commits an atrocity

that is reported nationally which occurs with distressing frequency Plaintiffs receive

more phone calls than normal all over again

25 On September 20 2015 the 67th Primetime Emmy Awards were held The

Colbert Report was nominated for ldquoOutstanding Directing for a Variety Seriesrdquo As part of

its show time nomination The Colbert Report included a bit of ldquoTexanrsquos Truck in Syriardquo

The 67th Primetime Emmy Awards was watched by 119 million viewers As a result

Plaintiffs suffered yet another period of non-stop phone calls averaging 100-200 phone

calls per day Plaintiff continues to receive threatening and harassing phone calls

practically each day Nearly one year has passed since the initial news story broke and

Plaintiffs still receive harassing phone calls and threats to this day

26 Through absolutely no fault of their own Plaintiffs have suffered and

continue to suffer damages directly resulting from Defendantrsquos failure to remove the decal

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 926

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 9

prior to resale as promised Plaintiffsrsquo plumbing repair work and all other sources of its

revenues have been substantially impacted and its reputation damaged beyond

rehabilitation As a direct result of the damage to Plaintiffsrsquo reputation Plaintiffs have lost

an excess of $100000000

VCAUSES OF ACTION

A RESPONDEAT SUPERIOR

27 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition At all times material to this Petition Defendantrsquos salesman was an employee

or agent of Defendant The acts of the employee were performed while in the employment

of Defendant and were within the course and scope of that employment or within the

authority delegated to the employee Employee was acting in furtherance of Defendantrsquos

business the accomplishment for which the employee was hired

28 Defendant is liable for the negligent acts and omissions of its employees

under the doctrine of vicarious liability or respondeat superior

29 As a result of Defendantrsquos negligent acts and omissions Plaintiffs have

suffered pecuniary harm and request compensatory and punitive damages in an amount

to be determined at trial

B JOINT AND SEVERAL LIABILITY

30 Additionally Defendant is directly liable for the acts and omissions of its

agents servants and employees in allowing a traded-in vehicle with clearly identifiable

marking of its previous business owner to be placed into the stream of commerce without

first removing said identifying markings such that the truck could fall into the hands of

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1026

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 10

criminals terrorists or jihadists and be photographed in circumstances which could and

did bring about Plaintiffrsquos severe injury and their incurring of consequent damages

C LIABILITY FOR NEGLIGENCE GROSS NEGLIGENCE AND COMMONLAW TORTS

31 As hereinafter set out in detail Defendant is liable to Plaintiffs for its

negligence and common law torts and for all economic andor compensatory damages

which have been suffered in the past and which in reasonable probability will be suffered

in the future Moreover Defendantrsquos conduct has been so outrageous malicious and

consciously indifferent to the overwhelmingly likely severe harm of the Plaintiffs as to

constitute gross negligence as that term is understood in Texas law for which Plaintiffs

herein seek punitive damages as permitted by common law andor Texas Civil Practice

amp Remedies Code sect 41002

D COMMON-LAW FRAUD

32 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant made a material representation regarding removal of the decals

to Plaintiff to induce him into the transaction Defendant either knew its material

representation regarding removal of the decals was false when stated or Defendant

recklessly stated its material representations as positive assertions without knowledge of

their truth Defendant made these representations with the intent that Plaintiff rely on

them Plaintiff did rely on the representations to his detriment

33 Defendantrsquos false representations directly and proximately caused Plaintiffs

to suffer substantial past damages and in reasonable probability will cause Plaintiffs to

continue to suffer damages into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1126

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 11

34 Defendantrsquos actions were fraudulent malicious andor grossly negligent

and subject it to exemplary damages in an amount to be determined by the jury

E NEGLIGENT MISREPRESENTATION

35 In the alternative or in supplement thereto Defendant committed

negligent misrepresentation In the course of Defendantrsquos business and in transactions

involving its own pecuniary interest Defendants made representations to Plaintiffs that

the Defendants would remove Plaintiffsrsquo decals from Plaintiffsrsquo truck prior to resale

Defendants had an interest in Plaintiffs selling their truck to Defendant Plaintiffs

released their truck to Defendant under the pretense that the decals would be removed

prior to resale Defendant negligently supplied false misleading and deceptive

information to Plaintiffs regarding the transaction to induce that very transaction

Defendant wholly failed to exercise that reasonable care and competence of a vehicle

dealership in same or similar circumstances in ensuring the decals were removed prior to

resale Plaintiffs justifiably relied on the representations made by Defendant during the

transaction to their enormous and continuing injury and damage

36 Defendantrsquos misrepresentations proximately caused Plaintiffs to suffer

substantial damages in the past and will in reasonable probability continue to do so into

the future

37 Defendantrsquos actions were negligent malicious andor grossly negligent and

subject it to exemplary damages in an amount to be determined by the jury

F LIBEL PER SE

38 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition Defendantrsquos failure to remove the decals from Plaintiffrsquos truck amounted to

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1226

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 12

Defendant implicitly accepting Mark-1 Plumbing Incrsquos decals as its own statement which

was subsequently published nationally Defendantrsquos failure the remove the decal makes

the statement defamatory per se under the common law because when taken as a whole

and as would have been perceived by a reasonable viewer Defendant imputed terroristic

andor jihadist ties and support to the Plaintiffs As a result Plaintiffs were injured in

their profession and occupation and in reasonable probability will continue to be so

injured into the future Such tortious conduct makes the Defendant strictly liable to

Plaintiff under Texas law because it is libelous per se

39 Defendantrsquos statement severely and irretrievably injured Plaintiffsrsquo

reputation and exposed Plaintiffs to national public hatred contempt ridicule and

financial injury and in reasonable probability will continue to do so into the future

40 Plaintiffs have suffered substantial injury as a result of Defendantrsquos

defamatory statements including but not limited to injury to character and reputation

mental anguish loss of past and future income and loss of earning capacity and in

reasonable probability will continue to do so into the future

G INVASION OF PRIVACY BY APPROPRIATION OF NAME

41 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant appropriated Plaintiffsrsquo name when it failed to remove the

traded-in truckrsquos decals prior to resale Plaintiff can be identified from the publication

through the plethora of news articles that include the propaganda photograph Defendant

received advantage in cutting costs by not removing the decals prior to resale

42 As a result of Defendantrsquos appropriation Plaintiff suffered injury to its

reputation prestige social or commercial standing and public interest and in reasonable

probability will continue to do so into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1326

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 13

43 Plaintiff has suffered substantial injury as a result of Defendantrsquos invasion

of privacy by appropriation of Plaintiffrsquos name including but not limited to injury to

character and reputation mental anguish loss of past and future income and loss of

earning capacity

H VIOLATIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACTBUSINESS amp COMMERCE CODE sect 1746

44 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant violated Texas Business amp Commerce Code sect 1746 in the

following particulars (2) causing confusion or misunderstanding as to the source

sponsorship approval or certification of goods (3) causing confusion or

misunderstanding as to the affiliation connection or association with or certification by

another (4) using deceptive representations or designations of geographic origin in

connection with goods (5) representing that goods have sponsorship approval which

they do not have for all of which violations Defendant is liable per se

45 Regarding such violations Plaintiffs herein seek damages for past and future

mental anguish all past and future proximately caused economic damages taxable costs

of court and reasonable attorneyrsquos fees together with interest as provided by law all in

conformity with Texas Business amp Commerce Code sect 1750

VIREQUEST FOR DISCLOSURE

46 Pursuant to Rule 194 of the Texas Rules of Civil Procedure Plaintiffs request

that Defendant disclose within the time provided by the Rules the information or

material described in Rule 1942

VIISTATEMENT OF RELIEF

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1426

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 14

47 Pursuant to Rule 47(c) of the Texas Rules of Civil Procedure Plaintiffs seek

monetary relief over $100000000

48 Plaintiffs seek damages that are within the jurisdictional limits of this Court

VIIIJURY DEMAND

49 Plaintiffs demand a jury trial and tender the appropriate fee with this

Petition

IXRESERVATION OF RIGHTS

50 Plaintiffs reserve the right to amend their complaint to assert such

additional causes of action as may be revealed during discovery

XPRAYER

WHEREFORE PREMISES CONSIDERED Plaintiffs MARK OBERHOLTZER

and MARK-1 PLUMBING INC pray that Defendant be cited to appear and answer

herein and upon final hearing that Plaintiffs be awarded a judgment and all relief sought

herein against Defendant as follows

a all economic and compensatory damages proved by a

preponderance of evidence

b punitive damages as proved by clear and convincing evidence

c reasonable and necessary attorneysrsquo fees

d pre-judgment and post-judgment interest as provided by law

e court costs and

f all other relief at law or in equity to which Plaintiff is justly

entitled

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 15

Respectfully submitted

L AW OFFICES OF A CRAIG EILAND

By ________________________

A Craig EilandState Bar No 06502380 Austin MartinState Bar No 24090245Old Galveston Square2211 The Strand Suite 201Galveston Texas 77550Telephone (409) 763-3260Facsimile (409) 763-8154ceilandeilandlawcomamartineilandlawcom

ATTORNEYS FOR PLAINTIFFS

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1626

Exhibit A

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1726

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

H

Keyword Search

httpwwwautonationcomhoustonvalue-trade-intrade-in-vs-selling-it-myself Go

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

AutoNationcom copy 2013 All rights reserved Privacy Policy | Terms of Use | Careers

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eserved

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Start The Finance Process

ease vs Buy

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Value My Trade-In

Trade-In Appraisal

Trade-In vs Sellin It M self

Value My Trade

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 6: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

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8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 726

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 7

18 On or about December 17 2015 four agents from the United States

Department of Homeland Security arrived at Plaintiffrsquos office in Texas City Texas The

Homeland Security Agents met with Vice President of Mark-1 for approximately one to

two hours During this time period he was not allowed to leave the premises After

concluding their investigation the Homeland Security Agents left him with the sinister

admonition that ldquothere are crazy people out thererdquo and to ldquoprotect himself at all timesrdquo

19 In early January 2015 Mark was met by FBI agents at his office The FBI

Agents conducted a very brief and cordial investigation After concluding their

investigation the FBI Agents once again reiterated that Mark must ldquoprotect himselfrdquo

20 In relying on the advice from both the Homeland Security and FBI Agents

Mark began carrying around a handgun for personal protection Additionally local police

made it routine to include his home and office on its routes But these steps in no way

diminish or mitigate the fear anxiety mental anguish and apprehension Mark feels for

his family or that of his family members

21 Throughout the duration of this situation TV stations and news agencies

both local and national have constantly contacted Plaintiffs for an interview Camera

crews were found videotaping Mark-1rsquos and its employeersquos personal automobiles Camera

crews went to Markrsquos house in an attempt to cover the story One news crew even went as

far as arriving at Mark-1rsquos secretary Juli Hammondrsquos daughterrsquos apartment requesting

an interview

22 Demonstrating the breadth and depth of the dissemination Mark has been

contacted by a vast number of news agencies regarding this situation including but not

limited to USA Today CBS NBC and Inside Edition

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 826

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 8

23 On December 18 2014 the final episode of the late-night comedy television

series The Colbert Report began with the segment ldquoTexanrsquos Truck in Syriardquo which was a

news story about a Mark-1 Plumbing truck now being used as an anti-aircraft gun in Syria

This episode was watched by 2481 million viewers making it the most watched episode

ever in the showrsquos history As of December 7 2015 the segment ldquoTexanrsquos Truck in Syriardquo

has an additional 67557 views on Comedy Centralrsquos website The widespread viewing of

the segment increased the volume of the harassing and threatening phone calls and has

immeasurably added to the suffering of Mark his family his employees and their families

24 The harassing and threatening phone calls continued for at least three

weeks from when the news story was officially reported Plaintiffs experienced at least

100-200 phone calls per day over this span of time Since that time Plaintiffs continue to

receive one or two phone calls per week However whenever ISIS commits an atrocity

that is reported nationally which occurs with distressing frequency Plaintiffs receive

more phone calls than normal all over again

25 On September 20 2015 the 67th Primetime Emmy Awards were held The

Colbert Report was nominated for ldquoOutstanding Directing for a Variety Seriesrdquo As part of

its show time nomination The Colbert Report included a bit of ldquoTexanrsquos Truck in Syriardquo

The 67th Primetime Emmy Awards was watched by 119 million viewers As a result

Plaintiffs suffered yet another period of non-stop phone calls averaging 100-200 phone

calls per day Plaintiff continues to receive threatening and harassing phone calls

practically each day Nearly one year has passed since the initial news story broke and

Plaintiffs still receive harassing phone calls and threats to this day

26 Through absolutely no fault of their own Plaintiffs have suffered and

continue to suffer damages directly resulting from Defendantrsquos failure to remove the decal

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 926

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 9

prior to resale as promised Plaintiffsrsquo plumbing repair work and all other sources of its

revenues have been substantially impacted and its reputation damaged beyond

rehabilitation As a direct result of the damage to Plaintiffsrsquo reputation Plaintiffs have lost

an excess of $100000000

VCAUSES OF ACTION

A RESPONDEAT SUPERIOR

27 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition At all times material to this Petition Defendantrsquos salesman was an employee

or agent of Defendant The acts of the employee were performed while in the employment

of Defendant and were within the course and scope of that employment or within the

authority delegated to the employee Employee was acting in furtherance of Defendantrsquos

business the accomplishment for which the employee was hired

28 Defendant is liable for the negligent acts and omissions of its employees

under the doctrine of vicarious liability or respondeat superior

29 As a result of Defendantrsquos negligent acts and omissions Plaintiffs have

suffered pecuniary harm and request compensatory and punitive damages in an amount

to be determined at trial

B JOINT AND SEVERAL LIABILITY

30 Additionally Defendant is directly liable for the acts and omissions of its

agents servants and employees in allowing a traded-in vehicle with clearly identifiable

marking of its previous business owner to be placed into the stream of commerce without

first removing said identifying markings such that the truck could fall into the hands of

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1026

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 10

criminals terrorists or jihadists and be photographed in circumstances which could and

did bring about Plaintiffrsquos severe injury and their incurring of consequent damages

C LIABILITY FOR NEGLIGENCE GROSS NEGLIGENCE AND COMMONLAW TORTS

31 As hereinafter set out in detail Defendant is liable to Plaintiffs for its

negligence and common law torts and for all economic andor compensatory damages

which have been suffered in the past and which in reasonable probability will be suffered

in the future Moreover Defendantrsquos conduct has been so outrageous malicious and

consciously indifferent to the overwhelmingly likely severe harm of the Plaintiffs as to

constitute gross negligence as that term is understood in Texas law for which Plaintiffs

herein seek punitive damages as permitted by common law andor Texas Civil Practice

amp Remedies Code sect 41002

D COMMON-LAW FRAUD

32 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant made a material representation regarding removal of the decals

to Plaintiff to induce him into the transaction Defendant either knew its material

representation regarding removal of the decals was false when stated or Defendant

recklessly stated its material representations as positive assertions without knowledge of

their truth Defendant made these representations with the intent that Plaintiff rely on

them Plaintiff did rely on the representations to his detriment

33 Defendantrsquos false representations directly and proximately caused Plaintiffs

to suffer substantial past damages and in reasonable probability will cause Plaintiffs to

continue to suffer damages into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1126

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 11

34 Defendantrsquos actions were fraudulent malicious andor grossly negligent

and subject it to exemplary damages in an amount to be determined by the jury

E NEGLIGENT MISREPRESENTATION

35 In the alternative or in supplement thereto Defendant committed

negligent misrepresentation In the course of Defendantrsquos business and in transactions

involving its own pecuniary interest Defendants made representations to Plaintiffs that

the Defendants would remove Plaintiffsrsquo decals from Plaintiffsrsquo truck prior to resale

Defendants had an interest in Plaintiffs selling their truck to Defendant Plaintiffs

released their truck to Defendant under the pretense that the decals would be removed

prior to resale Defendant negligently supplied false misleading and deceptive

information to Plaintiffs regarding the transaction to induce that very transaction

Defendant wholly failed to exercise that reasonable care and competence of a vehicle

dealership in same or similar circumstances in ensuring the decals were removed prior to

resale Plaintiffs justifiably relied on the representations made by Defendant during the

transaction to their enormous and continuing injury and damage

36 Defendantrsquos misrepresentations proximately caused Plaintiffs to suffer

substantial damages in the past and will in reasonable probability continue to do so into

the future

37 Defendantrsquos actions were negligent malicious andor grossly negligent and

subject it to exemplary damages in an amount to be determined by the jury

F LIBEL PER SE

38 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition Defendantrsquos failure to remove the decals from Plaintiffrsquos truck amounted to

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1226

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 12

Defendant implicitly accepting Mark-1 Plumbing Incrsquos decals as its own statement which

was subsequently published nationally Defendantrsquos failure the remove the decal makes

the statement defamatory per se under the common law because when taken as a whole

and as would have been perceived by a reasonable viewer Defendant imputed terroristic

andor jihadist ties and support to the Plaintiffs As a result Plaintiffs were injured in

their profession and occupation and in reasonable probability will continue to be so

injured into the future Such tortious conduct makes the Defendant strictly liable to

Plaintiff under Texas law because it is libelous per se

39 Defendantrsquos statement severely and irretrievably injured Plaintiffsrsquo

reputation and exposed Plaintiffs to national public hatred contempt ridicule and

financial injury and in reasonable probability will continue to do so into the future

40 Plaintiffs have suffered substantial injury as a result of Defendantrsquos

defamatory statements including but not limited to injury to character and reputation

mental anguish loss of past and future income and loss of earning capacity and in

reasonable probability will continue to do so into the future

G INVASION OF PRIVACY BY APPROPRIATION OF NAME

41 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant appropriated Plaintiffsrsquo name when it failed to remove the

traded-in truckrsquos decals prior to resale Plaintiff can be identified from the publication

through the plethora of news articles that include the propaganda photograph Defendant

received advantage in cutting costs by not removing the decals prior to resale

42 As a result of Defendantrsquos appropriation Plaintiff suffered injury to its

reputation prestige social or commercial standing and public interest and in reasonable

probability will continue to do so into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1326

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 13

43 Plaintiff has suffered substantial injury as a result of Defendantrsquos invasion

of privacy by appropriation of Plaintiffrsquos name including but not limited to injury to

character and reputation mental anguish loss of past and future income and loss of

earning capacity

H VIOLATIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACTBUSINESS amp COMMERCE CODE sect 1746

44 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant violated Texas Business amp Commerce Code sect 1746 in the

following particulars (2) causing confusion or misunderstanding as to the source

sponsorship approval or certification of goods (3) causing confusion or

misunderstanding as to the affiliation connection or association with or certification by

another (4) using deceptive representations or designations of geographic origin in

connection with goods (5) representing that goods have sponsorship approval which

they do not have for all of which violations Defendant is liable per se

45 Regarding such violations Plaintiffs herein seek damages for past and future

mental anguish all past and future proximately caused economic damages taxable costs

of court and reasonable attorneyrsquos fees together with interest as provided by law all in

conformity with Texas Business amp Commerce Code sect 1750

VIREQUEST FOR DISCLOSURE

46 Pursuant to Rule 194 of the Texas Rules of Civil Procedure Plaintiffs request

that Defendant disclose within the time provided by the Rules the information or

material described in Rule 1942

VIISTATEMENT OF RELIEF

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1426

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 14

47 Pursuant to Rule 47(c) of the Texas Rules of Civil Procedure Plaintiffs seek

monetary relief over $100000000

48 Plaintiffs seek damages that are within the jurisdictional limits of this Court

VIIIJURY DEMAND

49 Plaintiffs demand a jury trial and tender the appropriate fee with this

Petition

IXRESERVATION OF RIGHTS

50 Plaintiffs reserve the right to amend their complaint to assert such

additional causes of action as may be revealed during discovery

XPRAYER

WHEREFORE PREMISES CONSIDERED Plaintiffs MARK OBERHOLTZER

and MARK-1 PLUMBING INC pray that Defendant be cited to appear and answer

herein and upon final hearing that Plaintiffs be awarded a judgment and all relief sought

herein against Defendant as follows

a all economic and compensatory damages proved by a

preponderance of evidence

b punitive damages as proved by clear and convincing evidence

c reasonable and necessary attorneysrsquo fees

d pre-judgment and post-judgment interest as provided by law

e court costs and

f all other relief at law or in equity to which Plaintiff is justly

entitled

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 15

Respectfully submitted

L AW OFFICES OF A CRAIG EILAND

By ________________________

A Craig EilandState Bar No 06502380 Austin MartinState Bar No 24090245Old Galveston Square2211 The Strand Suite 201Galveston Texas 77550Telephone (409) 763-3260Facsimile (409) 763-8154ceilandeilandlawcomamartineilandlawcom

ATTORNEYS FOR PLAINTIFFS

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1626

Exhibit A

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1726

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

H

Keyword Search

httpwwwautonationcomhoustonvalue-trade-intrade-in-vs-selling-it-myself Go

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

AutoNationcom copy 2013 All rights reserved Privacy Policy | Terms of Use | Careers

ACURAAut oNati on A cur a Gulf Freeway

BMWMW of Houston

BMWMINIMW of The Woodlands

CHEVROLETAut oNati on Chevro let Highway 6Aut oNati on Chevro let Gu lf Fr eeway

CHRYSLERDODGEJEEPRAM Aut oNati on Chr ysl er Dodg e Jeep Ram Sprin g

FORD Aut oNation Ford Katy Aut oNati on Fo rd Gu lf Fr eeway

MERCEDES-BENZMercedes-Benz of Houston NorthMercedes-Benz of Greenway

MITSUBISHI Aut oNati on Mi tsu bis hi Gu lf Fr eeway

NISSAN Aut oNati on Nissan Katy

TOYOTASCION Aut oNati on Toyot a Gulf Freeway

BLOGS Aut oNati on B log

Investor Relations BlogFOLLOW US

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copy 2013 AutoNationcom All rights

eserved

About AutoNation

Locate a Store in Your Area

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Site Map

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ind a Vehicle

More Search Optionsinancing

Start The Finance Process

ease vs Buy

Vehicle Protection Videos

Get an Extended Warranty

Value My Trade-In

Trade-In Appraisal

Trade-In vs Sellin It M self

Value My Trade

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 7: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 726

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 7

18 On or about December 17 2015 four agents from the United States

Department of Homeland Security arrived at Plaintiffrsquos office in Texas City Texas The

Homeland Security Agents met with Vice President of Mark-1 for approximately one to

two hours During this time period he was not allowed to leave the premises After

concluding their investigation the Homeland Security Agents left him with the sinister

admonition that ldquothere are crazy people out thererdquo and to ldquoprotect himself at all timesrdquo

19 In early January 2015 Mark was met by FBI agents at his office The FBI

Agents conducted a very brief and cordial investigation After concluding their

investigation the FBI Agents once again reiterated that Mark must ldquoprotect himselfrdquo

20 In relying on the advice from both the Homeland Security and FBI Agents

Mark began carrying around a handgun for personal protection Additionally local police

made it routine to include his home and office on its routes But these steps in no way

diminish or mitigate the fear anxiety mental anguish and apprehension Mark feels for

his family or that of his family members

21 Throughout the duration of this situation TV stations and news agencies

both local and national have constantly contacted Plaintiffs for an interview Camera

crews were found videotaping Mark-1rsquos and its employeersquos personal automobiles Camera

crews went to Markrsquos house in an attempt to cover the story One news crew even went as

far as arriving at Mark-1rsquos secretary Juli Hammondrsquos daughterrsquos apartment requesting

an interview

22 Demonstrating the breadth and depth of the dissemination Mark has been

contacted by a vast number of news agencies regarding this situation including but not

limited to USA Today CBS NBC and Inside Edition

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 826

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 8

23 On December 18 2014 the final episode of the late-night comedy television

series The Colbert Report began with the segment ldquoTexanrsquos Truck in Syriardquo which was a

news story about a Mark-1 Plumbing truck now being used as an anti-aircraft gun in Syria

This episode was watched by 2481 million viewers making it the most watched episode

ever in the showrsquos history As of December 7 2015 the segment ldquoTexanrsquos Truck in Syriardquo

has an additional 67557 views on Comedy Centralrsquos website The widespread viewing of

the segment increased the volume of the harassing and threatening phone calls and has

immeasurably added to the suffering of Mark his family his employees and their families

24 The harassing and threatening phone calls continued for at least three

weeks from when the news story was officially reported Plaintiffs experienced at least

100-200 phone calls per day over this span of time Since that time Plaintiffs continue to

receive one or two phone calls per week However whenever ISIS commits an atrocity

that is reported nationally which occurs with distressing frequency Plaintiffs receive

more phone calls than normal all over again

25 On September 20 2015 the 67th Primetime Emmy Awards were held The

Colbert Report was nominated for ldquoOutstanding Directing for a Variety Seriesrdquo As part of

its show time nomination The Colbert Report included a bit of ldquoTexanrsquos Truck in Syriardquo

The 67th Primetime Emmy Awards was watched by 119 million viewers As a result

Plaintiffs suffered yet another period of non-stop phone calls averaging 100-200 phone

calls per day Plaintiff continues to receive threatening and harassing phone calls

practically each day Nearly one year has passed since the initial news story broke and

Plaintiffs still receive harassing phone calls and threats to this day

26 Through absolutely no fault of their own Plaintiffs have suffered and

continue to suffer damages directly resulting from Defendantrsquos failure to remove the decal

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 926

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 9

prior to resale as promised Plaintiffsrsquo plumbing repair work and all other sources of its

revenues have been substantially impacted and its reputation damaged beyond

rehabilitation As a direct result of the damage to Plaintiffsrsquo reputation Plaintiffs have lost

an excess of $100000000

VCAUSES OF ACTION

A RESPONDEAT SUPERIOR

27 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition At all times material to this Petition Defendantrsquos salesman was an employee

or agent of Defendant The acts of the employee were performed while in the employment

of Defendant and were within the course and scope of that employment or within the

authority delegated to the employee Employee was acting in furtherance of Defendantrsquos

business the accomplishment for which the employee was hired

28 Defendant is liable for the negligent acts and omissions of its employees

under the doctrine of vicarious liability or respondeat superior

29 As a result of Defendantrsquos negligent acts and omissions Plaintiffs have

suffered pecuniary harm and request compensatory and punitive damages in an amount

to be determined at trial

B JOINT AND SEVERAL LIABILITY

30 Additionally Defendant is directly liable for the acts and omissions of its

agents servants and employees in allowing a traded-in vehicle with clearly identifiable

marking of its previous business owner to be placed into the stream of commerce without

first removing said identifying markings such that the truck could fall into the hands of

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1026

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 10

criminals terrorists or jihadists and be photographed in circumstances which could and

did bring about Plaintiffrsquos severe injury and their incurring of consequent damages

C LIABILITY FOR NEGLIGENCE GROSS NEGLIGENCE AND COMMONLAW TORTS

31 As hereinafter set out in detail Defendant is liable to Plaintiffs for its

negligence and common law torts and for all economic andor compensatory damages

which have been suffered in the past and which in reasonable probability will be suffered

in the future Moreover Defendantrsquos conduct has been so outrageous malicious and

consciously indifferent to the overwhelmingly likely severe harm of the Plaintiffs as to

constitute gross negligence as that term is understood in Texas law for which Plaintiffs

herein seek punitive damages as permitted by common law andor Texas Civil Practice

amp Remedies Code sect 41002

D COMMON-LAW FRAUD

32 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant made a material representation regarding removal of the decals

to Plaintiff to induce him into the transaction Defendant either knew its material

representation regarding removal of the decals was false when stated or Defendant

recklessly stated its material representations as positive assertions without knowledge of

their truth Defendant made these representations with the intent that Plaintiff rely on

them Plaintiff did rely on the representations to his detriment

33 Defendantrsquos false representations directly and proximately caused Plaintiffs

to suffer substantial past damages and in reasonable probability will cause Plaintiffs to

continue to suffer damages into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1126

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 11

34 Defendantrsquos actions were fraudulent malicious andor grossly negligent

and subject it to exemplary damages in an amount to be determined by the jury

E NEGLIGENT MISREPRESENTATION

35 In the alternative or in supplement thereto Defendant committed

negligent misrepresentation In the course of Defendantrsquos business and in transactions

involving its own pecuniary interest Defendants made representations to Plaintiffs that

the Defendants would remove Plaintiffsrsquo decals from Plaintiffsrsquo truck prior to resale

Defendants had an interest in Plaintiffs selling their truck to Defendant Plaintiffs

released their truck to Defendant under the pretense that the decals would be removed

prior to resale Defendant negligently supplied false misleading and deceptive

information to Plaintiffs regarding the transaction to induce that very transaction

Defendant wholly failed to exercise that reasonable care and competence of a vehicle

dealership in same or similar circumstances in ensuring the decals were removed prior to

resale Plaintiffs justifiably relied on the representations made by Defendant during the

transaction to their enormous and continuing injury and damage

36 Defendantrsquos misrepresentations proximately caused Plaintiffs to suffer

substantial damages in the past and will in reasonable probability continue to do so into

the future

37 Defendantrsquos actions were negligent malicious andor grossly negligent and

subject it to exemplary damages in an amount to be determined by the jury

F LIBEL PER SE

38 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition Defendantrsquos failure to remove the decals from Plaintiffrsquos truck amounted to

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1226

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 12

Defendant implicitly accepting Mark-1 Plumbing Incrsquos decals as its own statement which

was subsequently published nationally Defendantrsquos failure the remove the decal makes

the statement defamatory per se under the common law because when taken as a whole

and as would have been perceived by a reasonable viewer Defendant imputed terroristic

andor jihadist ties and support to the Plaintiffs As a result Plaintiffs were injured in

their profession and occupation and in reasonable probability will continue to be so

injured into the future Such tortious conduct makes the Defendant strictly liable to

Plaintiff under Texas law because it is libelous per se

39 Defendantrsquos statement severely and irretrievably injured Plaintiffsrsquo

reputation and exposed Plaintiffs to national public hatred contempt ridicule and

financial injury and in reasonable probability will continue to do so into the future

40 Plaintiffs have suffered substantial injury as a result of Defendantrsquos

defamatory statements including but not limited to injury to character and reputation

mental anguish loss of past and future income and loss of earning capacity and in

reasonable probability will continue to do so into the future

G INVASION OF PRIVACY BY APPROPRIATION OF NAME

41 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant appropriated Plaintiffsrsquo name when it failed to remove the

traded-in truckrsquos decals prior to resale Plaintiff can be identified from the publication

through the plethora of news articles that include the propaganda photograph Defendant

received advantage in cutting costs by not removing the decals prior to resale

42 As a result of Defendantrsquos appropriation Plaintiff suffered injury to its

reputation prestige social or commercial standing and public interest and in reasonable

probability will continue to do so into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1326

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 13

43 Plaintiff has suffered substantial injury as a result of Defendantrsquos invasion

of privacy by appropriation of Plaintiffrsquos name including but not limited to injury to

character and reputation mental anguish loss of past and future income and loss of

earning capacity

H VIOLATIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACTBUSINESS amp COMMERCE CODE sect 1746

44 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant violated Texas Business amp Commerce Code sect 1746 in the

following particulars (2) causing confusion or misunderstanding as to the source

sponsorship approval or certification of goods (3) causing confusion or

misunderstanding as to the affiliation connection or association with or certification by

another (4) using deceptive representations or designations of geographic origin in

connection with goods (5) representing that goods have sponsorship approval which

they do not have for all of which violations Defendant is liable per se

45 Regarding such violations Plaintiffs herein seek damages for past and future

mental anguish all past and future proximately caused economic damages taxable costs

of court and reasonable attorneyrsquos fees together with interest as provided by law all in

conformity with Texas Business amp Commerce Code sect 1750

VIREQUEST FOR DISCLOSURE

46 Pursuant to Rule 194 of the Texas Rules of Civil Procedure Plaintiffs request

that Defendant disclose within the time provided by the Rules the information or

material described in Rule 1942

VIISTATEMENT OF RELIEF

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1426

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 14

47 Pursuant to Rule 47(c) of the Texas Rules of Civil Procedure Plaintiffs seek

monetary relief over $100000000

48 Plaintiffs seek damages that are within the jurisdictional limits of this Court

VIIIJURY DEMAND

49 Plaintiffs demand a jury trial and tender the appropriate fee with this

Petition

IXRESERVATION OF RIGHTS

50 Plaintiffs reserve the right to amend their complaint to assert such

additional causes of action as may be revealed during discovery

XPRAYER

WHEREFORE PREMISES CONSIDERED Plaintiffs MARK OBERHOLTZER

and MARK-1 PLUMBING INC pray that Defendant be cited to appear and answer

herein and upon final hearing that Plaintiffs be awarded a judgment and all relief sought

herein against Defendant as follows

a all economic and compensatory damages proved by a

preponderance of evidence

b punitive damages as proved by clear and convincing evidence

c reasonable and necessary attorneysrsquo fees

d pre-judgment and post-judgment interest as provided by law

e court costs and

f all other relief at law or in equity to which Plaintiff is justly

entitled

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 15

Respectfully submitted

L AW OFFICES OF A CRAIG EILAND

By ________________________

A Craig EilandState Bar No 06502380 Austin MartinState Bar No 24090245Old Galveston Square2211 The Strand Suite 201Galveston Texas 77550Telephone (409) 763-3260Facsimile (409) 763-8154ceilandeilandlawcomamartineilandlawcom

ATTORNEYS FOR PLAINTIFFS

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1626

Exhibit A

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1726

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

H

Keyword Search

httpwwwautonationcomhoustonvalue-trade-intrade-in-vs-selling-it-myself Go

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

AutoNationcom copy 2013 All rights reserved Privacy Policy | Terms of Use | Careers

ACURAAut oNati on A cur a Gulf Freeway

BMWMW of Houston

BMWMINIMW of The Woodlands

CHEVROLETAut oNati on Chevro let Highway 6Aut oNati on Chevro let Gu lf Fr eeway

CHRYSLERDODGEJEEPRAM Aut oNati on Chr ysl er Dodg e Jeep Ram Sprin g

FORD Aut oNation Ford Katy Aut oNati on Fo rd Gu lf Fr eeway

MERCEDES-BENZMercedes-Benz of Houston NorthMercedes-Benz of Greenway

MITSUBISHI Aut oNati on Mi tsu bis hi Gu lf Fr eeway

NISSAN Aut oNati on Nissan Katy

TOYOTASCION Aut oNati on Toyot a Gulf Freeway

BLOGS Aut oNati on B log

Investor Relations BlogFOLLOW US

Americas Largest Automotive Retailer

copy 2013 AutoNationcom All rights

eserved

About AutoNation

Locate a Store in Your Area

Investor Relations

Site Map

Fleet Sales

ind a Vehicle

More Search Optionsinancing

Start The Finance Process

ease vs Buy

Vehicle Protection Videos

Get an Extended Warranty

Value My Trade-In

Trade-In Appraisal

Trade-In vs Sellin It M self

Value My Trade

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 8: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 826

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 8

23 On December 18 2014 the final episode of the late-night comedy television

series The Colbert Report began with the segment ldquoTexanrsquos Truck in Syriardquo which was a

news story about a Mark-1 Plumbing truck now being used as an anti-aircraft gun in Syria

This episode was watched by 2481 million viewers making it the most watched episode

ever in the showrsquos history As of December 7 2015 the segment ldquoTexanrsquos Truck in Syriardquo

has an additional 67557 views on Comedy Centralrsquos website The widespread viewing of

the segment increased the volume of the harassing and threatening phone calls and has

immeasurably added to the suffering of Mark his family his employees and their families

24 The harassing and threatening phone calls continued for at least three

weeks from when the news story was officially reported Plaintiffs experienced at least

100-200 phone calls per day over this span of time Since that time Plaintiffs continue to

receive one or two phone calls per week However whenever ISIS commits an atrocity

that is reported nationally which occurs with distressing frequency Plaintiffs receive

more phone calls than normal all over again

25 On September 20 2015 the 67th Primetime Emmy Awards were held The

Colbert Report was nominated for ldquoOutstanding Directing for a Variety Seriesrdquo As part of

its show time nomination The Colbert Report included a bit of ldquoTexanrsquos Truck in Syriardquo

The 67th Primetime Emmy Awards was watched by 119 million viewers As a result

Plaintiffs suffered yet another period of non-stop phone calls averaging 100-200 phone

calls per day Plaintiff continues to receive threatening and harassing phone calls

practically each day Nearly one year has passed since the initial news story broke and

Plaintiffs still receive harassing phone calls and threats to this day

26 Through absolutely no fault of their own Plaintiffs have suffered and

continue to suffer damages directly resulting from Defendantrsquos failure to remove the decal

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 926

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 9

prior to resale as promised Plaintiffsrsquo plumbing repair work and all other sources of its

revenues have been substantially impacted and its reputation damaged beyond

rehabilitation As a direct result of the damage to Plaintiffsrsquo reputation Plaintiffs have lost

an excess of $100000000

VCAUSES OF ACTION

A RESPONDEAT SUPERIOR

27 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition At all times material to this Petition Defendantrsquos salesman was an employee

or agent of Defendant The acts of the employee were performed while in the employment

of Defendant and were within the course and scope of that employment or within the

authority delegated to the employee Employee was acting in furtherance of Defendantrsquos

business the accomplishment for which the employee was hired

28 Defendant is liable for the negligent acts and omissions of its employees

under the doctrine of vicarious liability or respondeat superior

29 As a result of Defendantrsquos negligent acts and omissions Plaintiffs have

suffered pecuniary harm and request compensatory and punitive damages in an amount

to be determined at trial

B JOINT AND SEVERAL LIABILITY

30 Additionally Defendant is directly liable for the acts and omissions of its

agents servants and employees in allowing a traded-in vehicle with clearly identifiable

marking of its previous business owner to be placed into the stream of commerce without

first removing said identifying markings such that the truck could fall into the hands of

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1026

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 10

criminals terrorists or jihadists and be photographed in circumstances which could and

did bring about Plaintiffrsquos severe injury and their incurring of consequent damages

C LIABILITY FOR NEGLIGENCE GROSS NEGLIGENCE AND COMMONLAW TORTS

31 As hereinafter set out in detail Defendant is liable to Plaintiffs for its

negligence and common law torts and for all economic andor compensatory damages

which have been suffered in the past and which in reasonable probability will be suffered

in the future Moreover Defendantrsquos conduct has been so outrageous malicious and

consciously indifferent to the overwhelmingly likely severe harm of the Plaintiffs as to

constitute gross negligence as that term is understood in Texas law for which Plaintiffs

herein seek punitive damages as permitted by common law andor Texas Civil Practice

amp Remedies Code sect 41002

D COMMON-LAW FRAUD

32 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant made a material representation regarding removal of the decals

to Plaintiff to induce him into the transaction Defendant either knew its material

representation regarding removal of the decals was false when stated or Defendant

recklessly stated its material representations as positive assertions without knowledge of

their truth Defendant made these representations with the intent that Plaintiff rely on

them Plaintiff did rely on the representations to his detriment

33 Defendantrsquos false representations directly and proximately caused Plaintiffs

to suffer substantial past damages and in reasonable probability will cause Plaintiffs to

continue to suffer damages into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1126

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 11

34 Defendantrsquos actions were fraudulent malicious andor grossly negligent

and subject it to exemplary damages in an amount to be determined by the jury

E NEGLIGENT MISREPRESENTATION

35 In the alternative or in supplement thereto Defendant committed

negligent misrepresentation In the course of Defendantrsquos business and in transactions

involving its own pecuniary interest Defendants made representations to Plaintiffs that

the Defendants would remove Plaintiffsrsquo decals from Plaintiffsrsquo truck prior to resale

Defendants had an interest in Plaintiffs selling their truck to Defendant Plaintiffs

released their truck to Defendant under the pretense that the decals would be removed

prior to resale Defendant negligently supplied false misleading and deceptive

information to Plaintiffs regarding the transaction to induce that very transaction

Defendant wholly failed to exercise that reasonable care and competence of a vehicle

dealership in same or similar circumstances in ensuring the decals were removed prior to

resale Plaintiffs justifiably relied on the representations made by Defendant during the

transaction to their enormous and continuing injury and damage

36 Defendantrsquos misrepresentations proximately caused Plaintiffs to suffer

substantial damages in the past and will in reasonable probability continue to do so into

the future

37 Defendantrsquos actions were negligent malicious andor grossly negligent and

subject it to exemplary damages in an amount to be determined by the jury

F LIBEL PER SE

38 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition Defendantrsquos failure to remove the decals from Plaintiffrsquos truck amounted to

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1226

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 12

Defendant implicitly accepting Mark-1 Plumbing Incrsquos decals as its own statement which

was subsequently published nationally Defendantrsquos failure the remove the decal makes

the statement defamatory per se under the common law because when taken as a whole

and as would have been perceived by a reasonable viewer Defendant imputed terroristic

andor jihadist ties and support to the Plaintiffs As a result Plaintiffs were injured in

their profession and occupation and in reasonable probability will continue to be so

injured into the future Such tortious conduct makes the Defendant strictly liable to

Plaintiff under Texas law because it is libelous per se

39 Defendantrsquos statement severely and irretrievably injured Plaintiffsrsquo

reputation and exposed Plaintiffs to national public hatred contempt ridicule and

financial injury and in reasonable probability will continue to do so into the future

40 Plaintiffs have suffered substantial injury as a result of Defendantrsquos

defamatory statements including but not limited to injury to character and reputation

mental anguish loss of past and future income and loss of earning capacity and in

reasonable probability will continue to do so into the future

G INVASION OF PRIVACY BY APPROPRIATION OF NAME

41 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant appropriated Plaintiffsrsquo name when it failed to remove the

traded-in truckrsquos decals prior to resale Plaintiff can be identified from the publication

through the plethora of news articles that include the propaganda photograph Defendant

received advantage in cutting costs by not removing the decals prior to resale

42 As a result of Defendantrsquos appropriation Plaintiff suffered injury to its

reputation prestige social or commercial standing and public interest and in reasonable

probability will continue to do so into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1326

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 13

43 Plaintiff has suffered substantial injury as a result of Defendantrsquos invasion

of privacy by appropriation of Plaintiffrsquos name including but not limited to injury to

character and reputation mental anguish loss of past and future income and loss of

earning capacity

H VIOLATIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACTBUSINESS amp COMMERCE CODE sect 1746

44 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant violated Texas Business amp Commerce Code sect 1746 in the

following particulars (2) causing confusion or misunderstanding as to the source

sponsorship approval or certification of goods (3) causing confusion or

misunderstanding as to the affiliation connection or association with or certification by

another (4) using deceptive representations or designations of geographic origin in

connection with goods (5) representing that goods have sponsorship approval which

they do not have for all of which violations Defendant is liable per se

45 Regarding such violations Plaintiffs herein seek damages for past and future

mental anguish all past and future proximately caused economic damages taxable costs

of court and reasonable attorneyrsquos fees together with interest as provided by law all in

conformity with Texas Business amp Commerce Code sect 1750

VIREQUEST FOR DISCLOSURE

46 Pursuant to Rule 194 of the Texas Rules of Civil Procedure Plaintiffs request

that Defendant disclose within the time provided by the Rules the information or

material described in Rule 1942

VIISTATEMENT OF RELIEF

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1426

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 14

47 Pursuant to Rule 47(c) of the Texas Rules of Civil Procedure Plaintiffs seek

monetary relief over $100000000

48 Plaintiffs seek damages that are within the jurisdictional limits of this Court

VIIIJURY DEMAND

49 Plaintiffs demand a jury trial and tender the appropriate fee with this

Petition

IXRESERVATION OF RIGHTS

50 Plaintiffs reserve the right to amend their complaint to assert such

additional causes of action as may be revealed during discovery

XPRAYER

WHEREFORE PREMISES CONSIDERED Plaintiffs MARK OBERHOLTZER

and MARK-1 PLUMBING INC pray that Defendant be cited to appear and answer

herein and upon final hearing that Plaintiffs be awarded a judgment and all relief sought

herein against Defendant as follows

a all economic and compensatory damages proved by a

preponderance of evidence

b punitive damages as proved by clear and convincing evidence

c reasonable and necessary attorneysrsquo fees

d pre-judgment and post-judgment interest as provided by law

e court costs and

f all other relief at law or in equity to which Plaintiff is justly

entitled

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 15

Respectfully submitted

L AW OFFICES OF A CRAIG EILAND

By ________________________

A Craig EilandState Bar No 06502380 Austin MartinState Bar No 24090245Old Galveston Square2211 The Strand Suite 201Galveston Texas 77550Telephone (409) 763-3260Facsimile (409) 763-8154ceilandeilandlawcomamartineilandlawcom

ATTORNEYS FOR PLAINTIFFS

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1626

Exhibit A

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1726

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

H

Keyword Search

httpwwwautonationcomhoustonvalue-trade-intrade-in-vs-selling-it-myself Go

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

AutoNationcom copy 2013 All rights reserved Privacy Policy | Terms of Use | Careers

ACURAAut oNati on A cur a Gulf Freeway

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CHRYSLERDODGEJEEPRAM Aut oNati on Chr ysl er Dodg e Jeep Ram Sprin g

FORD Aut oNation Ford Katy Aut oNati on Fo rd Gu lf Fr eeway

MERCEDES-BENZMercedes-Benz of Houston NorthMercedes-Benz of Greenway

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eserved

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ind a Vehicle

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ease vs Buy

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Value My Trade-In

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Trade-In vs Sellin It M self

Value My Trade

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 9: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 926

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 9

prior to resale as promised Plaintiffsrsquo plumbing repair work and all other sources of its

revenues have been substantially impacted and its reputation damaged beyond

rehabilitation As a direct result of the damage to Plaintiffsrsquo reputation Plaintiffs have lost

an excess of $100000000

VCAUSES OF ACTION

A RESPONDEAT SUPERIOR

27 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition At all times material to this Petition Defendantrsquos salesman was an employee

or agent of Defendant The acts of the employee were performed while in the employment

of Defendant and were within the course and scope of that employment or within the

authority delegated to the employee Employee was acting in furtherance of Defendantrsquos

business the accomplishment for which the employee was hired

28 Defendant is liable for the negligent acts and omissions of its employees

under the doctrine of vicarious liability or respondeat superior

29 As a result of Defendantrsquos negligent acts and omissions Plaintiffs have

suffered pecuniary harm and request compensatory and punitive damages in an amount

to be determined at trial

B JOINT AND SEVERAL LIABILITY

30 Additionally Defendant is directly liable for the acts and omissions of its

agents servants and employees in allowing a traded-in vehicle with clearly identifiable

marking of its previous business owner to be placed into the stream of commerce without

first removing said identifying markings such that the truck could fall into the hands of

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1026

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 10

criminals terrorists or jihadists and be photographed in circumstances which could and

did bring about Plaintiffrsquos severe injury and their incurring of consequent damages

C LIABILITY FOR NEGLIGENCE GROSS NEGLIGENCE AND COMMONLAW TORTS

31 As hereinafter set out in detail Defendant is liable to Plaintiffs for its

negligence and common law torts and for all economic andor compensatory damages

which have been suffered in the past and which in reasonable probability will be suffered

in the future Moreover Defendantrsquos conduct has been so outrageous malicious and

consciously indifferent to the overwhelmingly likely severe harm of the Plaintiffs as to

constitute gross negligence as that term is understood in Texas law for which Plaintiffs

herein seek punitive damages as permitted by common law andor Texas Civil Practice

amp Remedies Code sect 41002

D COMMON-LAW FRAUD

32 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant made a material representation regarding removal of the decals

to Plaintiff to induce him into the transaction Defendant either knew its material

representation regarding removal of the decals was false when stated or Defendant

recklessly stated its material representations as positive assertions without knowledge of

their truth Defendant made these representations with the intent that Plaintiff rely on

them Plaintiff did rely on the representations to his detriment

33 Defendantrsquos false representations directly and proximately caused Plaintiffs

to suffer substantial past damages and in reasonable probability will cause Plaintiffs to

continue to suffer damages into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1126

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 11

34 Defendantrsquos actions were fraudulent malicious andor grossly negligent

and subject it to exemplary damages in an amount to be determined by the jury

E NEGLIGENT MISREPRESENTATION

35 In the alternative or in supplement thereto Defendant committed

negligent misrepresentation In the course of Defendantrsquos business and in transactions

involving its own pecuniary interest Defendants made representations to Plaintiffs that

the Defendants would remove Plaintiffsrsquo decals from Plaintiffsrsquo truck prior to resale

Defendants had an interest in Plaintiffs selling their truck to Defendant Plaintiffs

released their truck to Defendant under the pretense that the decals would be removed

prior to resale Defendant negligently supplied false misleading and deceptive

information to Plaintiffs regarding the transaction to induce that very transaction

Defendant wholly failed to exercise that reasonable care and competence of a vehicle

dealership in same or similar circumstances in ensuring the decals were removed prior to

resale Plaintiffs justifiably relied on the representations made by Defendant during the

transaction to their enormous and continuing injury and damage

36 Defendantrsquos misrepresentations proximately caused Plaintiffs to suffer

substantial damages in the past and will in reasonable probability continue to do so into

the future

37 Defendantrsquos actions were negligent malicious andor grossly negligent and

subject it to exemplary damages in an amount to be determined by the jury

F LIBEL PER SE

38 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition Defendantrsquos failure to remove the decals from Plaintiffrsquos truck amounted to

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1226

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 12

Defendant implicitly accepting Mark-1 Plumbing Incrsquos decals as its own statement which

was subsequently published nationally Defendantrsquos failure the remove the decal makes

the statement defamatory per se under the common law because when taken as a whole

and as would have been perceived by a reasonable viewer Defendant imputed terroristic

andor jihadist ties and support to the Plaintiffs As a result Plaintiffs were injured in

their profession and occupation and in reasonable probability will continue to be so

injured into the future Such tortious conduct makes the Defendant strictly liable to

Plaintiff under Texas law because it is libelous per se

39 Defendantrsquos statement severely and irretrievably injured Plaintiffsrsquo

reputation and exposed Plaintiffs to national public hatred contempt ridicule and

financial injury and in reasonable probability will continue to do so into the future

40 Plaintiffs have suffered substantial injury as a result of Defendantrsquos

defamatory statements including but not limited to injury to character and reputation

mental anguish loss of past and future income and loss of earning capacity and in

reasonable probability will continue to do so into the future

G INVASION OF PRIVACY BY APPROPRIATION OF NAME

41 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant appropriated Plaintiffsrsquo name when it failed to remove the

traded-in truckrsquos decals prior to resale Plaintiff can be identified from the publication

through the plethora of news articles that include the propaganda photograph Defendant

received advantage in cutting costs by not removing the decals prior to resale

42 As a result of Defendantrsquos appropriation Plaintiff suffered injury to its

reputation prestige social or commercial standing and public interest and in reasonable

probability will continue to do so into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1326

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 13

43 Plaintiff has suffered substantial injury as a result of Defendantrsquos invasion

of privacy by appropriation of Plaintiffrsquos name including but not limited to injury to

character and reputation mental anguish loss of past and future income and loss of

earning capacity

H VIOLATIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACTBUSINESS amp COMMERCE CODE sect 1746

44 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant violated Texas Business amp Commerce Code sect 1746 in the

following particulars (2) causing confusion or misunderstanding as to the source

sponsorship approval or certification of goods (3) causing confusion or

misunderstanding as to the affiliation connection or association with or certification by

another (4) using deceptive representations or designations of geographic origin in

connection with goods (5) representing that goods have sponsorship approval which

they do not have for all of which violations Defendant is liable per se

45 Regarding such violations Plaintiffs herein seek damages for past and future

mental anguish all past and future proximately caused economic damages taxable costs

of court and reasonable attorneyrsquos fees together with interest as provided by law all in

conformity with Texas Business amp Commerce Code sect 1750

VIREQUEST FOR DISCLOSURE

46 Pursuant to Rule 194 of the Texas Rules of Civil Procedure Plaintiffs request

that Defendant disclose within the time provided by the Rules the information or

material described in Rule 1942

VIISTATEMENT OF RELIEF

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1426

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 14

47 Pursuant to Rule 47(c) of the Texas Rules of Civil Procedure Plaintiffs seek

monetary relief over $100000000

48 Plaintiffs seek damages that are within the jurisdictional limits of this Court

VIIIJURY DEMAND

49 Plaintiffs demand a jury trial and tender the appropriate fee with this

Petition

IXRESERVATION OF RIGHTS

50 Plaintiffs reserve the right to amend their complaint to assert such

additional causes of action as may be revealed during discovery

XPRAYER

WHEREFORE PREMISES CONSIDERED Plaintiffs MARK OBERHOLTZER

and MARK-1 PLUMBING INC pray that Defendant be cited to appear and answer

herein and upon final hearing that Plaintiffs be awarded a judgment and all relief sought

herein against Defendant as follows

a all economic and compensatory damages proved by a

preponderance of evidence

b punitive damages as proved by clear and convincing evidence

c reasonable and necessary attorneysrsquo fees

d pre-judgment and post-judgment interest as provided by law

e court costs and

f all other relief at law or in equity to which Plaintiff is justly

entitled

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 15

Respectfully submitted

L AW OFFICES OF A CRAIG EILAND

By ________________________

A Craig EilandState Bar No 06502380 Austin MartinState Bar No 24090245Old Galveston Square2211 The Strand Suite 201Galveston Texas 77550Telephone (409) 763-3260Facsimile (409) 763-8154ceilandeilandlawcomamartineilandlawcom

ATTORNEYS FOR PLAINTIFFS

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1626

Exhibit A

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1726

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

H

Keyword Search

httpwwwautonationcomhoustonvalue-trade-intrade-in-vs-selling-it-myself Go

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

AutoNationcom copy 2013 All rights reserved Privacy Policy | Terms of Use | Careers

ACURAAut oNati on A cur a Gulf Freeway

BMWMW of Houston

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CHRYSLERDODGEJEEPRAM Aut oNati on Chr ysl er Dodg e Jeep Ram Sprin g

FORD Aut oNation Ford Katy Aut oNati on Fo rd Gu lf Fr eeway

MERCEDES-BENZMercedes-Benz of Houston NorthMercedes-Benz of Greenway

MITSUBISHI Aut oNati on Mi tsu bis hi Gu lf Fr eeway

NISSAN Aut oNati on Nissan Katy

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Investor Relations BlogFOLLOW US

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copy 2013 AutoNationcom All rights

eserved

About AutoNation

Locate a Store in Your Area

Investor Relations

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Fleet Sales

ind a Vehicle

More Search Optionsinancing

Start The Finance Process

ease vs Buy

Vehicle Protection Videos

Get an Extended Warranty

Value My Trade-In

Trade-In Appraisal

Trade-In vs Sellin It M self

Value My Trade

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 10: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1026

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 10

criminals terrorists or jihadists and be photographed in circumstances which could and

did bring about Plaintiffrsquos severe injury and their incurring of consequent damages

C LIABILITY FOR NEGLIGENCE GROSS NEGLIGENCE AND COMMONLAW TORTS

31 As hereinafter set out in detail Defendant is liable to Plaintiffs for its

negligence and common law torts and for all economic andor compensatory damages

which have been suffered in the past and which in reasonable probability will be suffered

in the future Moreover Defendantrsquos conduct has been so outrageous malicious and

consciously indifferent to the overwhelmingly likely severe harm of the Plaintiffs as to

constitute gross negligence as that term is understood in Texas law for which Plaintiffs

herein seek punitive damages as permitted by common law andor Texas Civil Practice

amp Remedies Code sect 41002

D COMMON-LAW FRAUD

32 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant made a material representation regarding removal of the decals

to Plaintiff to induce him into the transaction Defendant either knew its material

representation regarding removal of the decals was false when stated or Defendant

recklessly stated its material representations as positive assertions without knowledge of

their truth Defendant made these representations with the intent that Plaintiff rely on

them Plaintiff did rely on the representations to his detriment

33 Defendantrsquos false representations directly and proximately caused Plaintiffs

to suffer substantial past damages and in reasonable probability will cause Plaintiffs to

continue to suffer damages into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1126

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 11

34 Defendantrsquos actions were fraudulent malicious andor grossly negligent

and subject it to exemplary damages in an amount to be determined by the jury

E NEGLIGENT MISREPRESENTATION

35 In the alternative or in supplement thereto Defendant committed

negligent misrepresentation In the course of Defendantrsquos business and in transactions

involving its own pecuniary interest Defendants made representations to Plaintiffs that

the Defendants would remove Plaintiffsrsquo decals from Plaintiffsrsquo truck prior to resale

Defendants had an interest in Plaintiffs selling their truck to Defendant Plaintiffs

released their truck to Defendant under the pretense that the decals would be removed

prior to resale Defendant negligently supplied false misleading and deceptive

information to Plaintiffs regarding the transaction to induce that very transaction

Defendant wholly failed to exercise that reasonable care and competence of a vehicle

dealership in same or similar circumstances in ensuring the decals were removed prior to

resale Plaintiffs justifiably relied on the representations made by Defendant during the

transaction to their enormous and continuing injury and damage

36 Defendantrsquos misrepresentations proximately caused Plaintiffs to suffer

substantial damages in the past and will in reasonable probability continue to do so into

the future

37 Defendantrsquos actions were negligent malicious andor grossly negligent and

subject it to exemplary damages in an amount to be determined by the jury

F LIBEL PER SE

38 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition Defendantrsquos failure to remove the decals from Plaintiffrsquos truck amounted to

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1226

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 12

Defendant implicitly accepting Mark-1 Plumbing Incrsquos decals as its own statement which

was subsequently published nationally Defendantrsquos failure the remove the decal makes

the statement defamatory per se under the common law because when taken as a whole

and as would have been perceived by a reasonable viewer Defendant imputed terroristic

andor jihadist ties and support to the Plaintiffs As a result Plaintiffs were injured in

their profession and occupation and in reasonable probability will continue to be so

injured into the future Such tortious conduct makes the Defendant strictly liable to

Plaintiff under Texas law because it is libelous per se

39 Defendantrsquos statement severely and irretrievably injured Plaintiffsrsquo

reputation and exposed Plaintiffs to national public hatred contempt ridicule and

financial injury and in reasonable probability will continue to do so into the future

40 Plaintiffs have suffered substantial injury as a result of Defendantrsquos

defamatory statements including but not limited to injury to character and reputation

mental anguish loss of past and future income and loss of earning capacity and in

reasonable probability will continue to do so into the future

G INVASION OF PRIVACY BY APPROPRIATION OF NAME

41 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant appropriated Plaintiffsrsquo name when it failed to remove the

traded-in truckrsquos decals prior to resale Plaintiff can be identified from the publication

through the plethora of news articles that include the propaganda photograph Defendant

received advantage in cutting costs by not removing the decals prior to resale

42 As a result of Defendantrsquos appropriation Plaintiff suffered injury to its

reputation prestige social or commercial standing and public interest and in reasonable

probability will continue to do so into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1326

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 13

43 Plaintiff has suffered substantial injury as a result of Defendantrsquos invasion

of privacy by appropriation of Plaintiffrsquos name including but not limited to injury to

character and reputation mental anguish loss of past and future income and loss of

earning capacity

H VIOLATIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACTBUSINESS amp COMMERCE CODE sect 1746

44 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant violated Texas Business amp Commerce Code sect 1746 in the

following particulars (2) causing confusion or misunderstanding as to the source

sponsorship approval or certification of goods (3) causing confusion or

misunderstanding as to the affiliation connection or association with or certification by

another (4) using deceptive representations or designations of geographic origin in

connection with goods (5) representing that goods have sponsorship approval which

they do not have for all of which violations Defendant is liable per se

45 Regarding such violations Plaintiffs herein seek damages for past and future

mental anguish all past and future proximately caused economic damages taxable costs

of court and reasonable attorneyrsquos fees together with interest as provided by law all in

conformity with Texas Business amp Commerce Code sect 1750

VIREQUEST FOR DISCLOSURE

46 Pursuant to Rule 194 of the Texas Rules of Civil Procedure Plaintiffs request

that Defendant disclose within the time provided by the Rules the information or

material described in Rule 1942

VIISTATEMENT OF RELIEF

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1426

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 14

47 Pursuant to Rule 47(c) of the Texas Rules of Civil Procedure Plaintiffs seek

monetary relief over $100000000

48 Plaintiffs seek damages that are within the jurisdictional limits of this Court

VIIIJURY DEMAND

49 Plaintiffs demand a jury trial and tender the appropriate fee with this

Petition

IXRESERVATION OF RIGHTS

50 Plaintiffs reserve the right to amend their complaint to assert such

additional causes of action as may be revealed during discovery

XPRAYER

WHEREFORE PREMISES CONSIDERED Plaintiffs MARK OBERHOLTZER

and MARK-1 PLUMBING INC pray that Defendant be cited to appear and answer

herein and upon final hearing that Plaintiffs be awarded a judgment and all relief sought

herein against Defendant as follows

a all economic and compensatory damages proved by a

preponderance of evidence

b punitive damages as proved by clear and convincing evidence

c reasonable and necessary attorneysrsquo fees

d pre-judgment and post-judgment interest as provided by law

e court costs and

f all other relief at law or in equity to which Plaintiff is justly

entitled

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 15

Respectfully submitted

L AW OFFICES OF A CRAIG EILAND

By ________________________

A Craig EilandState Bar No 06502380 Austin MartinState Bar No 24090245Old Galveston Square2211 The Strand Suite 201Galveston Texas 77550Telephone (409) 763-3260Facsimile (409) 763-8154ceilandeilandlawcomamartineilandlawcom

ATTORNEYS FOR PLAINTIFFS

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1626

Exhibit A

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1726

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

H

Keyword Search

httpwwwautonationcomhoustonvalue-trade-intrade-in-vs-selling-it-myself Go

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

AutoNationcom copy 2013 All rights reserved Privacy Policy | Terms of Use | Careers

ACURAAut oNati on A cur a Gulf Freeway

BMWMW of Houston

BMWMINIMW of The Woodlands

CHEVROLETAut oNati on Chevro let Highway 6Aut oNati on Chevro let Gu lf Fr eeway

CHRYSLERDODGEJEEPRAM Aut oNati on Chr ysl er Dodg e Jeep Ram Sprin g

FORD Aut oNation Ford Katy Aut oNati on Fo rd Gu lf Fr eeway

MERCEDES-BENZMercedes-Benz of Houston NorthMercedes-Benz of Greenway

MITSUBISHI Aut oNati on Mi tsu bis hi Gu lf Fr eeway

NISSAN Aut oNati on Nissan Katy

TOYOTASCION Aut oNati on Toyot a Gulf Freeway

BLOGS Aut oNati on B log

Investor Relations BlogFOLLOW US

Americas Largest Automotive Retailer

copy 2013 AutoNationcom All rights

eserved

About AutoNation

Locate a Store in Your Area

Investor Relations

Site Map

Fleet Sales

ind a Vehicle

More Search Optionsinancing

Start The Finance Process

ease vs Buy

Vehicle Protection Videos

Get an Extended Warranty

Value My Trade-In

Trade-In Appraisal

Trade-In vs Sellin It M self

Value My Trade

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 11: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1126

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 11

34 Defendantrsquos actions were fraudulent malicious andor grossly negligent

and subject it to exemplary damages in an amount to be determined by the jury

E NEGLIGENT MISREPRESENTATION

35 In the alternative or in supplement thereto Defendant committed

negligent misrepresentation In the course of Defendantrsquos business and in transactions

involving its own pecuniary interest Defendants made representations to Plaintiffs that

the Defendants would remove Plaintiffsrsquo decals from Plaintiffsrsquo truck prior to resale

Defendants had an interest in Plaintiffs selling their truck to Defendant Plaintiffs

released their truck to Defendant under the pretense that the decals would be removed

prior to resale Defendant negligently supplied false misleading and deceptive

information to Plaintiffs regarding the transaction to induce that very transaction

Defendant wholly failed to exercise that reasonable care and competence of a vehicle

dealership in same or similar circumstances in ensuring the decals were removed prior to

resale Plaintiffs justifiably relied on the representations made by Defendant during the

transaction to their enormous and continuing injury and damage

36 Defendantrsquos misrepresentations proximately caused Plaintiffs to suffer

substantial damages in the past and will in reasonable probability continue to do so into

the future

37 Defendantrsquos actions were negligent malicious andor grossly negligent and

subject it to exemplary damages in an amount to be determined by the jury

F LIBEL PER SE

38 Plaintiffs incorporate as if set forth verbatim the preceding paragraphs of

this Petition Defendantrsquos failure to remove the decals from Plaintiffrsquos truck amounted to

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1226

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 12

Defendant implicitly accepting Mark-1 Plumbing Incrsquos decals as its own statement which

was subsequently published nationally Defendantrsquos failure the remove the decal makes

the statement defamatory per se under the common law because when taken as a whole

and as would have been perceived by a reasonable viewer Defendant imputed terroristic

andor jihadist ties and support to the Plaintiffs As a result Plaintiffs were injured in

their profession and occupation and in reasonable probability will continue to be so

injured into the future Such tortious conduct makes the Defendant strictly liable to

Plaintiff under Texas law because it is libelous per se

39 Defendantrsquos statement severely and irretrievably injured Plaintiffsrsquo

reputation and exposed Plaintiffs to national public hatred contempt ridicule and

financial injury and in reasonable probability will continue to do so into the future

40 Plaintiffs have suffered substantial injury as a result of Defendantrsquos

defamatory statements including but not limited to injury to character and reputation

mental anguish loss of past and future income and loss of earning capacity and in

reasonable probability will continue to do so into the future

G INVASION OF PRIVACY BY APPROPRIATION OF NAME

41 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant appropriated Plaintiffsrsquo name when it failed to remove the

traded-in truckrsquos decals prior to resale Plaintiff can be identified from the publication

through the plethora of news articles that include the propaganda photograph Defendant

received advantage in cutting costs by not removing the decals prior to resale

42 As a result of Defendantrsquos appropriation Plaintiff suffered injury to its

reputation prestige social or commercial standing and public interest and in reasonable

probability will continue to do so into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1326

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 13

43 Plaintiff has suffered substantial injury as a result of Defendantrsquos invasion

of privacy by appropriation of Plaintiffrsquos name including but not limited to injury to

character and reputation mental anguish loss of past and future income and loss of

earning capacity

H VIOLATIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACTBUSINESS amp COMMERCE CODE sect 1746

44 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant violated Texas Business amp Commerce Code sect 1746 in the

following particulars (2) causing confusion or misunderstanding as to the source

sponsorship approval or certification of goods (3) causing confusion or

misunderstanding as to the affiliation connection or association with or certification by

another (4) using deceptive representations or designations of geographic origin in

connection with goods (5) representing that goods have sponsorship approval which

they do not have for all of which violations Defendant is liable per se

45 Regarding such violations Plaintiffs herein seek damages for past and future

mental anguish all past and future proximately caused economic damages taxable costs

of court and reasonable attorneyrsquos fees together with interest as provided by law all in

conformity with Texas Business amp Commerce Code sect 1750

VIREQUEST FOR DISCLOSURE

46 Pursuant to Rule 194 of the Texas Rules of Civil Procedure Plaintiffs request

that Defendant disclose within the time provided by the Rules the information or

material described in Rule 1942

VIISTATEMENT OF RELIEF

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1426

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 14

47 Pursuant to Rule 47(c) of the Texas Rules of Civil Procedure Plaintiffs seek

monetary relief over $100000000

48 Plaintiffs seek damages that are within the jurisdictional limits of this Court

VIIIJURY DEMAND

49 Plaintiffs demand a jury trial and tender the appropriate fee with this

Petition

IXRESERVATION OF RIGHTS

50 Plaintiffs reserve the right to amend their complaint to assert such

additional causes of action as may be revealed during discovery

XPRAYER

WHEREFORE PREMISES CONSIDERED Plaintiffs MARK OBERHOLTZER

and MARK-1 PLUMBING INC pray that Defendant be cited to appear and answer

herein and upon final hearing that Plaintiffs be awarded a judgment and all relief sought

herein against Defendant as follows

a all economic and compensatory damages proved by a

preponderance of evidence

b punitive damages as proved by clear and convincing evidence

c reasonable and necessary attorneysrsquo fees

d pre-judgment and post-judgment interest as provided by law

e court costs and

f all other relief at law or in equity to which Plaintiff is justly

entitled

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 15

Respectfully submitted

L AW OFFICES OF A CRAIG EILAND

By ________________________

A Craig EilandState Bar No 06502380 Austin MartinState Bar No 24090245Old Galveston Square2211 The Strand Suite 201Galveston Texas 77550Telephone (409) 763-3260Facsimile (409) 763-8154ceilandeilandlawcomamartineilandlawcom

ATTORNEYS FOR PLAINTIFFS

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1626

Exhibit A

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1726

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

H

Keyword Search

httpwwwautonationcomhoustonvalue-trade-intrade-in-vs-selling-it-myself Go

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

AutoNationcom copy 2013 All rights reserved Privacy Policy | Terms of Use | Careers

ACURAAut oNati on A cur a Gulf Freeway

BMWMW of Houston

BMWMINIMW of The Woodlands

CHEVROLETAut oNati on Chevro let Highway 6Aut oNati on Chevro let Gu lf Fr eeway

CHRYSLERDODGEJEEPRAM Aut oNati on Chr ysl er Dodg e Jeep Ram Sprin g

FORD Aut oNation Ford Katy Aut oNati on Fo rd Gu lf Fr eeway

MERCEDES-BENZMercedes-Benz of Houston NorthMercedes-Benz of Greenway

MITSUBISHI Aut oNati on Mi tsu bis hi Gu lf Fr eeway

NISSAN Aut oNati on Nissan Katy

TOYOTASCION Aut oNati on Toyot a Gulf Freeway

BLOGS Aut oNati on B log

Investor Relations BlogFOLLOW US

Americas Largest Automotive Retailer

copy 2013 AutoNationcom All rights

eserved

About AutoNation

Locate a Store in Your Area

Investor Relations

Site Map

Fleet Sales

ind a Vehicle

More Search Optionsinancing

Start The Finance Process

ease vs Buy

Vehicle Protection Videos

Get an Extended Warranty

Value My Trade-In

Trade-In Appraisal

Trade-In vs Sellin It M self

Value My Trade

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 12: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1226

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 12

Defendant implicitly accepting Mark-1 Plumbing Incrsquos decals as its own statement which

was subsequently published nationally Defendantrsquos failure the remove the decal makes

the statement defamatory per se under the common law because when taken as a whole

and as would have been perceived by a reasonable viewer Defendant imputed terroristic

andor jihadist ties and support to the Plaintiffs As a result Plaintiffs were injured in

their profession and occupation and in reasonable probability will continue to be so

injured into the future Such tortious conduct makes the Defendant strictly liable to

Plaintiff under Texas law because it is libelous per se

39 Defendantrsquos statement severely and irretrievably injured Plaintiffsrsquo

reputation and exposed Plaintiffs to national public hatred contempt ridicule and

financial injury and in reasonable probability will continue to do so into the future

40 Plaintiffs have suffered substantial injury as a result of Defendantrsquos

defamatory statements including but not limited to injury to character and reputation

mental anguish loss of past and future income and loss of earning capacity and in

reasonable probability will continue to do so into the future

G INVASION OF PRIVACY BY APPROPRIATION OF NAME

41 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant appropriated Plaintiffsrsquo name when it failed to remove the

traded-in truckrsquos decals prior to resale Plaintiff can be identified from the publication

through the plethora of news articles that include the propaganda photograph Defendant

received advantage in cutting costs by not removing the decals prior to resale

42 As a result of Defendantrsquos appropriation Plaintiff suffered injury to its

reputation prestige social or commercial standing and public interest and in reasonable

probability will continue to do so into the future

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1326

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 13

43 Plaintiff has suffered substantial injury as a result of Defendantrsquos invasion

of privacy by appropriation of Plaintiffrsquos name including but not limited to injury to

character and reputation mental anguish loss of past and future income and loss of

earning capacity

H VIOLATIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACTBUSINESS amp COMMERCE CODE sect 1746

44 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant violated Texas Business amp Commerce Code sect 1746 in the

following particulars (2) causing confusion or misunderstanding as to the source

sponsorship approval or certification of goods (3) causing confusion or

misunderstanding as to the affiliation connection or association with or certification by

another (4) using deceptive representations or designations of geographic origin in

connection with goods (5) representing that goods have sponsorship approval which

they do not have for all of which violations Defendant is liable per se

45 Regarding such violations Plaintiffs herein seek damages for past and future

mental anguish all past and future proximately caused economic damages taxable costs

of court and reasonable attorneyrsquos fees together with interest as provided by law all in

conformity with Texas Business amp Commerce Code sect 1750

VIREQUEST FOR DISCLOSURE

46 Pursuant to Rule 194 of the Texas Rules of Civil Procedure Plaintiffs request

that Defendant disclose within the time provided by the Rules the information or

material described in Rule 1942

VIISTATEMENT OF RELIEF

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1426

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 14

47 Pursuant to Rule 47(c) of the Texas Rules of Civil Procedure Plaintiffs seek

monetary relief over $100000000

48 Plaintiffs seek damages that are within the jurisdictional limits of this Court

VIIIJURY DEMAND

49 Plaintiffs demand a jury trial and tender the appropriate fee with this

Petition

IXRESERVATION OF RIGHTS

50 Plaintiffs reserve the right to amend their complaint to assert such

additional causes of action as may be revealed during discovery

XPRAYER

WHEREFORE PREMISES CONSIDERED Plaintiffs MARK OBERHOLTZER

and MARK-1 PLUMBING INC pray that Defendant be cited to appear and answer

herein and upon final hearing that Plaintiffs be awarded a judgment and all relief sought

herein against Defendant as follows

a all economic and compensatory damages proved by a

preponderance of evidence

b punitive damages as proved by clear and convincing evidence

c reasonable and necessary attorneysrsquo fees

d pre-judgment and post-judgment interest as provided by law

e court costs and

f all other relief at law or in equity to which Plaintiff is justly

entitled

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 15

Respectfully submitted

L AW OFFICES OF A CRAIG EILAND

By ________________________

A Craig EilandState Bar No 06502380 Austin MartinState Bar No 24090245Old Galveston Square2211 The Strand Suite 201Galveston Texas 77550Telephone (409) 763-3260Facsimile (409) 763-8154ceilandeilandlawcomamartineilandlawcom

ATTORNEYS FOR PLAINTIFFS

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1626

Exhibit A

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1726

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

H

Keyword Search

httpwwwautonationcomhoustonvalue-trade-intrade-in-vs-selling-it-myself Go

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

AutoNationcom copy 2013 All rights reserved Privacy Policy | Terms of Use | Careers

ACURAAut oNati on A cur a Gulf Freeway

BMWMW of Houston

BMWMINIMW of The Woodlands

CHEVROLETAut oNati on Chevro let Highway 6Aut oNati on Chevro let Gu lf Fr eeway

CHRYSLERDODGEJEEPRAM Aut oNati on Chr ysl er Dodg e Jeep Ram Sprin g

FORD Aut oNation Ford Katy Aut oNati on Fo rd Gu lf Fr eeway

MERCEDES-BENZMercedes-Benz of Houston NorthMercedes-Benz of Greenway

MITSUBISHI Aut oNati on Mi tsu bis hi Gu lf Fr eeway

NISSAN Aut oNati on Nissan Katy

TOYOTASCION Aut oNati on Toyot a Gulf Freeway

BLOGS Aut oNati on B log

Investor Relations BlogFOLLOW US

Americas Largest Automotive Retailer

copy 2013 AutoNationcom All rights

eserved

About AutoNation

Locate a Store in Your Area

Investor Relations

Site Map

Fleet Sales

ind a Vehicle

More Search Optionsinancing

Start The Finance Process

ease vs Buy

Vehicle Protection Videos

Get an Extended Warranty

Value My Trade-In

Trade-In Appraisal

Trade-In vs Sellin It M self

Value My Trade

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 13: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1326

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 13

43 Plaintiff has suffered substantial injury as a result of Defendantrsquos invasion

of privacy by appropriation of Plaintiffrsquos name including but not limited to injury to

character and reputation mental anguish loss of past and future income and loss of

earning capacity

H VIOLATIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACTBUSINESS amp COMMERCE CODE sect 1746

44 Plaintiffs incorporate as set forth verbatim the preceding paragraphs of

this Petition Defendant violated Texas Business amp Commerce Code sect 1746 in the

following particulars (2) causing confusion or misunderstanding as to the source

sponsorship approval or certification of goods (3) causing confusion or

misunderstanding as to the affiliation connection or association with or certification by

another (4) using deceptive representations or designations of geographic origin in

connection with goods (5) representing that goods have sponsorship approval which

they do not have for all of which violations Defendant is liable per se

45 Regarding such violations Plaintiffs herein seek damages for past and future

mental anguish all past and future proximately caused economic damages taxable costs

of court and reasonable attorneyrsquos fees together with interest as provided by law all in

conformity with Texas Business amp Commerce Code sect 1750

VIREQUEST FOR DISCLOSURE

46 Pursuant to Rule 194 of the Texas Rules of Civil Procedure Plaintiffs request

that Defendant disclose within the time provided by the Rules the information or

material described in Rule 1942

VIISTATEMENT OF RELIEF

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1426

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 14

47 Pursuant to Rule 47(c) of the Texas Rules of Civil Procedure Plaintiffs seek

monetary relief over $100000000

48 Plaintiffs seek damages that are within the jurisdictional limits of this Court

VIIIJURY DEMAND

49 Plaintiffs demand a jury trial and tender the appropriate fee with this

Petition

IXRESERVATION OF RIGHTS

50 Plaintiffs reserve the right to amend their complaint to assert such

additional causes of action as may be revealed during discovery

XPRAYER

WHEREFORE PREMISES CONSIDERED Plaintiffs MARK OBERHOLTZER

and MARK-1 PLUMBING INC pray that Defendant be cited to appear and answer

herein and upon final hearing that Plaintiffs be awarded a judgment and all relief sought

herein against Defendant as follows

a all economic and compensatory damages proved by a

preponderance of evidence

b punitive damages as proved by clear and convincing evidence

c reasonable and necessary attorneysrsquo fees

d pre-judgment and post-judgment interest as provided by law

e court costs and

f all other relief at law or in equity to which Plaintiff is justly

entitled

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 15

Respectfully submitted

L AW OFFICES OF A CRAIG EILAND

By ________________________

A Craig EilandState Bar No 06502380 Austin MartinState Bar No 24090245Old Galveston Square2211 The Strand Suite 201Galveston Texas 77550Telephone (409) 763-3260Facsimile (409) 763-8154ceilandeilandlawcomamartineilandlawcom

ATTORNEYS FOR PLAINTIFFS

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1626

Exhibit A

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1726

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

H

Keyword Search

httpwwwautonationcomhoustonvalue-trade-intrade-in-vs-selling-it-myself Go

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

AutoNationcom copy 2013 All rights reserved Privacy Policy | Terms of Use | Careers

ACURAAut oNati on A cur a Gulf Freeway

BMWMW of Houston

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CHRYSLERDODGEJEEPRAM Aut oNati on Chr ysl er Dodg e Jeep Ram Sprin g

FORD Aut oNation Ford Katy Aut oNati on Fo rd Gu lf Fr eeway

MERCEDES-BENZMercedes-Benz of Houston NorthMercedes-Benz of Greenway

MITSUBISHI Aut oNati on Mi tsu bis hi Gu lf Fr eeway

NISSAN Aut oNati on Nissan Katy

TOYOTASCION Aut oNati on Toyot a Gulf Freeway

BLOGS Aut oNati on B log

Investor Relations BlogFOLLOW US

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copy 2013 AutoNationcom All rights

eserved

About AutoNation

Locate a Store in Your Area

Investor Relations

Site Map

Fleet Sales

ind a Vehicle

More Search Optionsinancing

Start The Finance Process

ease vs Buy

Vehicle Protection Videos

Get an Extended Warranty

Value My Trade-In

Trade-In Appraisal

Trade-In vs Sellin It M self

Value My Trade

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 14: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1426

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 14

47 Pursuant to Rule 47(c) of the Texas Rules of Civil Procedure Plaintiffs seek

monetary relief over $100000000

48 Plaintiffs seek damages that are within the jurisdictional limits of this Court

VIIIJURY DEMAND

49 Plaintiffs demand a jury trial and tender the appropriate fee with this

Petition

IXRESERVATION OF RIGHTS

50 Plaintiffs reserve the right to amend their complaint to assert such

additional causes of action as may be revealed during discovery

XPRAYER

WHEREFORE PREMISES CONSIDERED Plaintiffs MARK OBERHOLTZER

and MARK-1 PLUMBING INC pray that Defendant be cited to appear and answer

herein and upon final hearing that Plaintiffs be awarded a judgment and all relief sought

herein against Defendant as follows

a all economic and compensatory damages proved by a

preponderance of evidence

b punitive damages as proved by clear and convincing evidence

c reasonable and necessary attorneysrsquo fees

d pre-judgment and post-judgment interest as provided by law

e court costs and

f all other relief at law or in equity to which Plaintiff is justly

entitled

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 15

Respectfully submitted

L AW OFFICES OF A CRAIG EILAND

By ________________________

A Craig EilandState Bar No 06502380 Austin MartinState Bar No 24090245Old Galveston Square2211 The Strand Suite 201Galveston Texas 77550Telephone (409) 763-3260Facsimile (409) 763-8154ceilandeilandlawcomamartineilandlawcom

ATTORNEYS FOR PLAINTIFFS

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1626

Exhibit A

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1726

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

H

Keyword Search

httpwwwautonationcomhoustonvalue-trade-intrade-in-vs-selling-it-myself Go

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

AutoNationcom copy 2013 All rights reserved Privacy Policy | Terms of Use | Careers

ACURAAut oNati on A cur a Gulf Freeway

BMWMW of Houston

BMWMINIMW of The Woodlands

CHEVROLETAut oNati on Chevro let Highway 6Aut oNati on Chevro let Gu lf Fr eeway

CHRYSLERDODGEJEEPRAM Aut oNati on Chr ysl er Dodg e Jeep Ram Sprin g

FORD Aut oNation Ford Katy Aut oNati on Fo rd Gu lf Fr eeway

MERCEDES-BENZMercedes-Benz of Houston NorthMercedes-Benz of Greenway

MITSUBISHI Aut oNati on Mi tsu bis hi Gu lf Fr eeway

NISSAN Aut oNati on Nissan Katy

TOYOTASCION Aut oNati on Toyot a Gulf Freeway

BLOGS Aut oNati on B log

Investor Relations BlogFOLLOW US

Americas Largest Automotive Retailer

copy 2013 AutoNationcom All rights

eserved

About AutoNation

Locate a Store in Your Area

Investor Relations

Site Map

Fleet Sales

ind a Vehicle

More Search Optionsinancing

Start The Finance Process

ease vs Buy

Vehicle Protection Videos

Get an Extended Warranty

Value My Trade-In

Trade-In Appraisal

Trade-In vs Sellin It M self

Value My Trade

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 15: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1526

PLAINTIFFSrsquo FIRST AMENDED ORIGINAL PETITION PAGE 15

Respectfully submitted

L AW OFFICES OF A CRAIG EILAND

By ________________________

A Craig EilandState Bar No 06502380 Austin MartinState Bar No 24090245Old Galveston Square2211 The Strand Suite 201Galveston Texas 77550Telephone (409) 763-3260Facsimile (409) 763-8154ceilandeilandlawcomamartineilandlawcom

ATTORNEYS FOR PLAINTIFFS

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1626

Exhibit A

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1726

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

H

Keyword Search

httpwwwautonationcomhoustonvalue-trade-intrade-in-vs-selling-it-myself Go

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

AutoNationcom copy 2013 All rights reserved Privacy Policy | Terms of Use | Careers

ACURAAut oNati on A cur a Gulf Freeway

BMWMW of Houston

BMWMINIMW of The Woodlands

CHEVROLETAut oNati on Chevro let Highway 6Aut oNati on Chevro let Gu lf Fr eeway

CHRYSLERDODGEJEEPRAM Aut oNati on Chr ysl er Dodg e Jeep Ram Sprin g

FORD Aut oNation Ford Katy Aut oNati on Fo rd Gu lf Fr eeway

MERCEDES-BENZMercedes-Benz of Houston NorthMercedes-Benz of Greenway

MITSUBISHI Aut oNati on Mi tsu bis hi Gu lf Fr eeway

NISSAN Aut oNati on Nissan Katy

TOYOTASCION Aut oNati on Toyot a Gulf Freeway

BLOGS Aut oNati on B log

Investor Relations BlogFOLLOW US

Americas Largest Automotive Retailer

copy 2013 AutoNationcom All rights

eserved

About AutoNation

Locate a Store in Your Area

Investor Relations

Site Map

Fleet Sales

ind a Vehicle

More Search Optionsinancing

Start The Finance Process

ease vs Buy

Vehicle Protection Videos

Get an Extended Warranty

Value My Trade-In

Trade-In Appraisal

Trade-In vs Sellin It M self

Value My Trade

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 16: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1626

Exhibit A

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1726

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

H

Keyword Search

httpwwwautonationcomhoustonvalue-trade-intrade-in-vs-selling-it-myself Go

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

AutoNationcom copy 2013 All rights reserved Privacy Policy | Terms of Use | Careers

ACURAAut oNati on A cur a Gulf Freeway

BMWMW of Houston

BMWMINIMW of The Woodlands

CHEVROLETAut oNati on Chevro let Highway 6Aut oNati on Chevro let Gu lf Fr eeway

CHRYSLERDODGEJEEPRAM Aut oNati on Chr ysl er Dodg e Jeep Ram Sprin g

FORD Aut oNation Ford Katy Aut oNati on Fo rd Gu lf Fr eeway

MERCEDES-BENZMercedes-Benz of Houston NorthMercedes-Benz of Greenway

MITSUBISHI Aut oNati on Mi tsu bis hi Gu lf Fr eeway

NISSAN Aut oNati on Nissan Katy

TOYOTASCION Aut oNati on Toyot a Gulf Freeway

BLOGS Aut oNati on B log

Investor Relations BlogFOLLOW US

Americas Largest Automotive Retailer

copy 2013 AutoNationcom All rights

eserved

About AutoNation

Locate a Store in Your Area

Investor Relations

Site Map

Fleet Sales

ind a Vehicle

More Search Optionsinancing

Start The Finance Process

ease vs Buy

Vehicle Protection Videos

Get an Extended Warranty

Value My Trade-In

Trade-In Appraisal

Trade-In vs Sellin It M self

Value My Trade

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 17: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1726

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Looking to sell your vehicle Before you place that classified ad read below to find out why it makes more sense to sell your vehicle

o us instead

SAVE

MONEY

n many states you only pay sales tax on the ldquoPrice Differencerdquo as opposed to the full selling price when you buy without trading For

example if you buy a new car for $25000 and trade-in your old car for $8000 you will only pay $1200 in taxes vs $1500 if you did

not trade-in your car

MAKE IT EASY ON

YOURSELF

Selling your car requires significant effort on your part In order to sell your used car youll have to do things like running classified

ads field phone calls and have strangers come to your house to go on test drives Then of course youll have to negotiate

AVOID CAR

REPAIR

f you sell your car you will need to ensure it is maintained and all parts are working This is extra worry and expense on your part

ncluding fixing brakes tires and other pricey items If you trade-in with a dealership they cover all of the reconditioning expenses

PROTECT

YOURSELF

Selling your car can be very dangerous If you do choose to sell your vehicle yourself be extremely careful and take the proper

precautions to insure your personal and financial saftey When setting up appointments with potential buyers that you dont know only

schedule meetings when a friend or family member can be there with you

WALK AWAY

FREELY

When you trade-in your car youll prevent any issues with a dissatisfied customer later on What happens if the engine burns up or

he transmission goes out If you sell your car the new owner knows where you live and may contact or harass you When you trade-

n your vehicle the dealership assumes all of the responsibility and you can walk away carefree

Home Value My Trade-In Trade-In vs Selling It Myself

Trade-In vs Selling It Myself

VALUE YOUR VEHICLE USING KELLEY BLUE BOOKreg

SHOULD I LEASE

OR BUYFind out which makes

the most sense

LEASE VS BUY

FIND A VEHICLE FINANCING VALUE MY TRADE-IN SPECIAL OFFERS SERVICE REPAIRS

Find a Store

Click to Chat Sign InRegister My AccouChange NOV DEC FEB

6 2012 2013 2015

11 captures

6 Dec 13 - 30 May 15

Cl

H

Keyword Search

httpwwwautonationcomhoustonvalue-trade-intrade-in-vs-selling-it-myself Go

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

AutoNationcom copy 2013 All rights reserved Privacy Policy | Terms of Use | Careers

ACURAAut oNati on A cur a Gulf Freeway

BMWMW of Houston

BMWMINIMW of The Woodlands

CHEVROLETAut oNati on Chevro let Highway 6Aut oNati on Chevro let Gu lf Fr eeway

CHRYSLERDODGEJEEPRAM Aut oNati on Chr ysl er Dodg e Jeep Ram Sprin g

FORD Aut oNation Ford Katy Aut oNati on Fo rd Gu lf Fr eeway

MERCEDES-BENZMercedes-Benz of Houston NorthMercedes-Benz of Greenway

MITSUBISHI Aut oNati on Mi tsu bis hi Gu lf Fr eeway

NISSAN Aut oNati on Nissan Katy

TOYOTASCION Aut oNati on Toyot a Gulf Freeway

BLOGS Aut oNati on B log

Investor Relations BlogFOLLOW US

Americas Largest Automotive Retailer

copy 2013 AutoNationcom All rights

eserved

About AutoNation

Locate a Store in Your Area

Investor Relations

Site Map

Fleet Sales

ind a Vehicle

More Search Optionsinancing

Start The Finance Process

ease vs Buy

Vehicle Protection Videos

Get an Extended Warranty

Value My Trade-In

Trade-In Appraisal

Trade-In vs Sellin It M self

Value My Trade

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 18: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1826

-in Vs Selling it Myself | AutoNation | How to Trade-In a Car

-in Vs Selling it Myself _ AutoNation _ How to Trade-In a Car December 6 2013htm[11302015 115846 AM]

Simply follow three easy steps and youll receive a free Kelley Blue Bookreg Value on your current car Its just

that easy

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8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 19: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 1926

Exhibit B

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 20: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2026

For Personal Use Only

Vehicle Information2005 FORD F250 SUPER DUTY

VIN 1FTSX21P15EC91985

4 DOOR EXTENDED CAB PICKUP

60L V8 DIR4 WHEEL DRIVE

Standard Equipment | Safety Options

This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 12715 at 52342 PM (EST)

Other information about this vehicle including problems may not have been reported to CARFAX Use this report as one important toolalong with a vehicle inspection and test drive to make a better decision about your next used car

Price Calculator trade

Adjust the value of this 2005 Ford F250 Super Dut y based on the information available in this report

Ownership HistoryThe number of owners is estimated

Owner 1

Year purchased 2005

Type of owner Corporate

Estimated length of ownership 8 yrs 3 mo

Owned in the following statesprovinces Texas

Estimated miles driven per year 20780yr

Last reported odometer reading 172446

Title HistoryCARFAX guarantees the information in this section

Owner 1

Salvage | Junk | Rebuilt | Fire | Flood | Hail | LemonGuaranteedNo Problem

Not Actual Mileage | Exceeds Mechanical Limi tsGuaranteed

No Problem

172446

Minor damage reported

CARFAX 1-Owner vehicle

2 Service records available

Corporate vehicle

Last reported odometer reading

Worth $10 more thanretail book value

1) Retail Book Value 2) CARFAX Price Adjustmenttrade 3) Adjusted Retail Value

$ 0

Enter retail book value here Above retail book value

Begin by entering

the retail book value

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 21: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2126

Glossary

Of course not every car in this area was affectedby the flood but Id stillget it inspected beforebuying Cant be toocareful

GUARANTEED - None of these major title problems were reported by a state Department of Motor Vehicles

(DMV) If you find that any of these title problems were reported by a DMV and not included in this report

CARFAX will buy this vehicle back Register | View Terms | View Certificate

Addi tional HistoryNot all accidents issues are reported to CARFAX

Owner 1

Total Loss

No total loss reported to CARFAX

No Issues

Reported

Structural Damage

No structural damage reported to CARFAX

No IssuesReported

Ai rbag Deploym ent

No airbag deployment reported to CARFAX

No IssuesReported

Odometer Check

No indication of an odometer rollback

No IssuesIndicated

Acc iden t Damage

Accident reported on 12122009

Minor Damage

Manufacturer Recall

A current list of recalls is available at Ford Motor Company

No Recalls

Reported

Basic Warranty

Original warranty estimated to have expired Interested in an extended warranty

Warranty

Expired

Tell us what you know about this vehicle

View other FORD F250 SUPER DUTY vehicles with FREE CARFAX Reports

View vehicles with free CARFAX Reports

Detailed History

Owner 1

Purchased 2005

Type Corporate

Where Texas

Est milesyear 20780yr

Est length owned 72705 -

111113

(8 yrs 3 mo)

Date Mileage Source Comments

04052005 NICB Vehicle manufactured

and shipped to original dealer

07182005 McRee FordDickinson TX

281-337-1529mcreefordcom

Pre-delivery inspection completed

07272005 14 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Title issued or updatedFirst owner reported

Titled or registered ascorporate vehicle

09262005 CARFAX This vehicle was registered in a countydeclared a flood disaster area by the Federal

Emergency Management Agency ( FEMA )

07012006 TexasMotor Vehicle Dept

La Marque TXTitle

08420238546090751

Registration issued or renewedPassed safety inspection

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 22: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2226

Minor damage is usuallycosmetic includingdents or scratches to thevehicle body

View Full Glossary

07012007 Texas

Motor Vehicle DeptLa Marque TXTitle

08420238546090751

Registration issued or renewed

Passed safety inspection

09222007 66530 Texas

Inspection StationTexas City TX

Emissions inspection performed

Passed safety inspection

07012008 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012009 TexasMotor Vehicle DeptLa Marque TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

12122009 Damage Report Accident reportedMinor damage reported

07012010 Texas

Motor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewed

Passed safety inspection

07012011 TexasMotor Vehicle Dept

La Marque TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

07012012 TexasMotor Vehicle DeptTexas City TX

Title

08420238546090751

Registration issued or renewedPassed safety inspection

07012013 TexasMotor Vehicle Dept

Texas City TXTitle08420238546090751

Registration issued or renewedPassed safety inspection

10252013 172303 AutoNation Ford Gulf

FreewayHouston TX713-489-2089

autonationcom

Vehicle serviced

11112013 172446 Auto Auction

Texas

Listed as a dealer vehicle

Vehicle sold at auction

11142013 Dealer Inventory Vehicle offered for sale

12182013 Vehicle Exporter Vehicle exported fromHouston TX

and imported toMersin Turkey

Print thi s CARFAX Report and take it t o your pre-purchase inspection

Have Questions Please visit our Help Center at wwwcarfaxcom

Glossary

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 23: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2326

Acc ident Damage Ind icator CARFAX receives information about accidents in all 50 states the District of Columbia and Canada Different information in avehicles history can indicate an accident or damage such as salvage auction fire damage police-reported accident crash test

vehicle damage disclosure collision repair facility and automotive recycler records Not every accident or damage event is reported

and not all reported are provided to CARFAX Details about the accident or damage event when reported to CARFAX (eg severityimpact location airbag deployment) are included on the Vehicle History Report CARFAX recommends you obtain a vehicleinspection from your dealer or an independent mechanic

According to the National Safety Council Injury Facts 2007 edition 7 of the 245 million registered vehicles in the

US were involved in an accident in 2005 Over 75 of these were considered minor or moderate

CARFAX depends on many sources for its accident damage data CARFAX can only report what is in our database

on 12715 at 52342 PM (EST) New data wi ll result in a change to this report

CARFAX Price Adjustmenttrade

Accidents service records number of owners and many other history factors can affect a vehicles value The CARFAX Price Adjustment is a tool that analyzes millions of used car transactions to measure how the combination of all the information reported toCARFAX affects the value of a particular vehicle The vehicles retail book value plus the CARFAX Price Adjustment will give you a

more accurate measure of the vehicles value Use this tool along with a vehicle inspection and test drive to make a better decisionabout your next used car

First Owner When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership

Ford or Lin coln Mercury RecallThe Ford Motor Company provides Carfax with recall information regarding safety compliance and emissions programs announced

since 2000 for a specific vehicle For complete information regarding programs or concerns about this vehicle please contact a localFord or Lincoln Mercury Dealer

Ownership HistoryCARFAX defines an owner as an individual or business that possesses and uses a vehicle Not all title transactions representchanges in ownership To provide estimated number of owners CARFAX proprietary technology analyzes all the events in a vehiclehistory Estimated ownership is available for vehicles manufactured after 1991 and titled solely in the US including Puerto Rico

Dealers sometimes opt to take ownership of a vehicle and are required to in the following states Maine Massachusetts New JerseyOhio Oklahoma Pennsylvania and South Dakota Please consider this as you review a vehicles estimated ownership history

Title Issued A state issues a title to provide a vehicle owner with proof of ownership Each title has a unique number Each title or registrationrecord on a CARFAX report does not necessarily indicate a change in ownership In Canada a registration and bill of sale are used

as proof of ownership

Follow Us facebookcomCARFAX CarfaxReports CARFAX on Google+

CARFAX DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION THEREFORE NO

RESPONSIBILITY IS ASSUMED BY CARFAX OR ITS AGENTS FOR ERRORS OR OMISSIONS IN THIS REPORT CARFAXFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CARFAXregcopy 2015 CARFAX Inc a unit of IHS Inc All rights reserved

Covered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 24: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2426

2005 FORD F250 SUPER DUTYVIN 1FTSX21P15EC91985Body Style 4 DOOR EXTENDED CAB

PICKUPEngine Size 60L V8 DIRDrivetrain 4 WHEEL DRIVE

Original Manufacturers Warranty

Basic Warranty Expired

Please confirm remaining factory warranty andextended warranty options with your dealer

The original manufacturers warranty includes

36 months or 36000 miles

Information excerpted from the CARFAX VehicleHistory Report andor Safety amp Reliability Ratingssee full reports for additional information glossary

of terms source attributionsdisclaimers amplimitations Go to carfaxcom for complete Buyback

Guarantee terms and conditions

Number of Owners

Last owned in the following

stateprovinceTexas

None of these major title problems

were reported by a state Departmentof Motor Vehicles

Salvage Junk Rebuilt Fire

Flood Hail Lemon

GuaranteedNo Problem

Not Actual Mileage Exceeds

Mechanical Limit s

Guaranteed

No Problem

No issues reported to CARFAX on the following

Total Los sNo IssuesReported

Structural DamageNo Issues

Reported

Ai rbag DeploymentNo IssuesReported

Odometer RollbackNo IssuesReported

Minor damage reported on this vehicle Please see the

full CARFAX Vehicle History Report for more details

copy 2015 CARFAX Inc a unit of IHS Inc All rights reservedCovered by United States Patent Nos 7113853 7778841 7596512 8600823 8595079 8606648 750583812715 52342 PM (EST)

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2526

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 25: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

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FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

1272015

8202019 Oberholtzer Lawsuit

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FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15

Page 26: Oberholtzer Lawsuit

8202019 Oberholtzer Lawsuit

httpslidepdfcomreaderfulloberholtzer-lawsuit 2626

FAX Vehicle History Report for this 2005 FORD F250 SUPER D httpswwwcarfaxcomshowroomreport1FTSX21P15


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