Preview
BUR L 000638-18 06/15/2018 Pg 1 of 57 Trans ID: LCV20181100555
Form A
NOTICE: This is a public document. Do not enter personal identifying information on it, such as your Social Security
number, driver’s license number, or active bank or credit card accounts. This document as submitted will be available to the
public upon request.
Name JEFFREY BELLO
NJ Attorney ID (if applicable)
RECEIVED
Address 143 B, Warren Street
Edgewater Park, New Jersey 08010 JUN 15 2018
Telephone Number 609-668-9300
Superior Court of New Jersey
Suparios Cour of
CIAL IV ree
Law Division - Civil Part
Burlington _ County
JEFFREY BELLO Docket No. L-638-18
Plaintifi(s) Civil Action
v.
HOLMAN AUTOMOTIVE GRP Certification in Opposition
to Motion
Defendant(s)
I, JEFFREY BELLO am the [Mf plaintiff (] defendant in the above-captioned matter. 1
hereby enter my objection to the Motion to
Dismiss the Complaint against HOLMAN CADILLAC
filed by the [] plaintiff [Mf defendant
This motion should be denied because:
This Motion is OPPOSED on it's merits-SSEE ATTACHED please?
Pursuant to R. 1:6-2(d), the undersigned: (check one)
(1) Waives oral argument and consents to disposition on the papers.
#8 Requests oral argument for the following reasons:
A significant amount of the evidence in this case is in the form of "legally" recorded Audio files. The
Defendants are aware of this, and are attempting to "eliminate" the Court reviewing the "condemning",
"conclusive" evidence by limiting the Court's review to submitted "Pleadings".
I certify that the above statements made by me are true and that if any of the statements are willfully false, | am
subject to punishment.
Date 06/14/2018
Signatyyl 77°F
LW)
JEFF! 'Y BELLO - Plaintiff/ProSE
Print Name.
04/2008, CN 10556 page
6 of 7
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Certification of Service
I, further certify that on 06/15/2018 , [sent my opposition to the motion to the following by: (Check
which mailing method you chose. If you sent it by both regular and certified mail, return receipt
requested, check both)
(1 regular mail lM certified mail, return receipt requested
List each party to the lawsuit. Send your opposition to the attorney if the party is represented by
counsel; if the party is pro se you may send the papers directly to that individual.
Name Francis J. Grey, Jr., Esq. Name
Address 750 Rt. 70 South, Suite 202B Address
Marlton, New Jersey 08053
Attorney for GENERAL MOTORS etal Attorney for
Date 06/15/2018
Signal
MT
JEFFRE 4 fe11.0 - Plaintiff/ProSE
Print Name.
04/2008, CN 10556 page 7 of 7
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Certification of Service
L, further certify that on 06/15/2018 , | sent my opposition to the motion to the following by: (Check
which mailing method you chose. If you sent it by both regular and certified mail, return receipt
requested, check both)
regular mail O certified mail, return receipt requested
List each party to the lawsuit. Send your opposition to the attorney if the party is represented by
counsel; if the party is pro se you may send the papers directly to that individual.
Name DAVID G. MURPHY/ REEDSMITH Name SAMUEL M. GOFFINET ESQ
Address 136 Main Street, Suite 250 Address 65 Madison Ave. Suite 400
Princeton, NJ 08540 Morristown, NJ 07960
Attorney for GM FINANCIAL COMP.,INC. Attorney for KERBECK
Date 06/15/2018
yl
aren HL1.0
Print Name
04/2008, CN 10556 page 7 of 7
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Certification of Service
I, further certify that on 06/15/2018 » Lsent my opposition to the motion to the following by: (Check
which mailing method you chose. If you sent it by both regular and certified mail, return receipt
requested, check both)
@ regular mail & certified mail, return receipt requested
List each party to the lawsuit. Send your opposition to the attomey if the party is represented by
counsel; if the party is pro se you may send the papers directly to that individual.
Name Wilson Elser Moskowitz ET AL Name
Address 200 Campus Dr., Suite 400 Address
Florham Park, New Jersey 07932
Attorney for AIRSEPT, INC Attorney for
Date 06/15/2018
Signa WY
JEFFREY BELLO - Plaintiff/ProSE
Print Name:
04/2008, CN 10556 page
7 of 7
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JEFFREY M. BELLO
143 E. Warren Street
Edgewater Park, New Jersey 08010
beli9900@aol.com
(609) 668-9300
ProSE Plaintiff
JEFFREY BELLO SUPERIOR COURT OF NEW JERSEY
Plaintiff LAW DIVISION
BURLINGTON COUNTY
VS. Docket No.: L-638-18
CADILLAC, a division of
GENERAL MOTOR COMPANY, et al
GENERAL MOTORS HOLDINGS,
LLC;
GENERAL MOTORS, LLC
HOLMAN CADILLAC, a division of
HOLMAN AUTOMOTIVE, INC;
ESIS GENERAL MOTORS, a wholly Civil Action
owned Subsidiary of THE CHUBB
CORPORATION;
KERBECK CADILLAC, INC;
GENERAL MOTORS FINANCIAL
COMPANY, INC, a wholly owned
Subsidiary of GENERAL MOTORS
COMPANY;
AIRSEPT, INC;
MARY T. BARRA
DANIEL E, BERCE
MELINDA K. HOLMAN
MICHAEL SCHWAB
STEVEN MADDERN
CHRIS C. ROFFEY
JOSHUA PREISTER
JOHN/JANE DOES
#1-10 and/or
ABC CORPORATIONS #1-10,
Fictitious Corporations and/or CERTIFICATION OF
Commercial Entities, j/s/a JEFFREY BELLO IN
HOLMAN CADILLAC’S
MOTION TO DISMISS
Defendants
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I, Jeffrey Bello, of full age, hereby certify as follows:
1. Iam the Plaintiff, ProSE in the above caption legal action.
2. I worked in the retail, wholesale, and Fleet auto industry for over 20 years, where I was
personally involved in well over 10,000 vehicle transactions, both domestically and
internationally.
J have designed the business models for numerous auto dealerships, and have consulted
at the manufacturers level, regarding product development, branding, and Internet
marketing.
J hereby certify that the foregoing statements made by me are true. I am aware that if any
of the foregoing statements made by me are willfully false, 1 am subject to punishment.
DATED: June 15, 2018 w. fff
Jeffrey Belio — ProSE Plaintiff
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JEFFREY M. BELLO
143 E. Warren Street
Edgewater Park, New Jersey 08010
bell9900@aol.com
(609) 668-9300
ProSE Plaintiff
JEFFREY BELLO SUPERIOR COURT OF NEW JERSEY
Plaintiff LAW DIVISION
BURLINGTON COUNTY
VS. Docket No.: L-638-18
CADILLAC, a division of
GENERAL MOTOR COMPANY, et al
GENERAL MOTORS HOLDINGS,
LLC;
GENERAL MOTORS, LLC
HOLMAN CADILLAC, a division of
HOLMAN AUTOMOTIVE, INC;
ESIS GENERAL MOTORS, a wholly Civil Action
owned Subsidiary of THE CHUBB
CORPORATION;
KERBECK CADILLAC, INC;
GENERAL MOTORS FINANCIAL
COMPANY, INC, a wholly owned
Subsidiary of GENERAL MOTORS
COMPANY; +
AIRSEPT, INC;
MARY T. BARRA
DANIEL E, BERCE
MELINDA K. HOLMAN
MICHAEL SCHWAB
STEVEN MADDERN
CHRIS C. ROFFEY
JOSHUA PREISTER
JOHN/JANE DOES
#1-10 and/or
ABC CORPORATIONS #1-10,
Fictitious Corporations and/or REPLY IN OPPOSITION TO MOTION
Commercial Entities, j/s/a SEEKING DISMISSAL ON BEHALF OF
HOLMAN CADILLAC
Defendants
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Dear Judge Belgard,
Please find the Plaintiff's, JEFFREY BELLO, objection and opposition to the
Defendant’s, HOLMAN CADILLAC, Motion seeking Dismissal.
Please find this less formal “letter brief” with attached Exhibits, in response to the
“Motion to Dismiss” filed on behalf of the Defendant HOLMAN CADILLAC.
Your Honor, pursuant R. 1:6-2(d), the Plaintiff secks “oral argument” in regards to this
Motion to Dismiss put forth by the referenced defendants herein.
REPLY TO MOTION TO DISMISS
The Plaintiff's Amended Complaint, filed with this Honorable Court on April 11, 2018,
unfortunately had a typographical error regarding the Defendant, HOLMAN CADILLAC. This
defendant should have been legally identified as HOLMAN AUTOMOTIVE GROUP, INC,
d/b/a HOLMAN CADILLAC, but was inadvertently stated as HOLMAN AUTOMOTIVE, INC.,
d/b/a HOLMAN CADILLAC. The Plaintiff has now filed with the Honorable Court to “correct”
this defect in the Amended filing with the Court, pursuant to Rule 4:9.
The defendant, HOLMAN CADILLAC, argues that their legal name is “Holman Retail
Holdings, LLC”, d/b/a HOLMAN CADILLAC, but the Plaintiff directs the Court to the
Secretary of State of New Jersey’s filing regarding HOLMAN AUTOMOTIVE GROUP, INC
which is addressed at 4001 Leadenhall Road, Mount Laurel, N.J. 08054, where “service” was
satisfied (herein EXHIBIT A). The Court is also respectfully directed to EXHIBIT B, which is
how HOLMAN CADILLAC self-identifies to consumers on their corporate website.
Defendant’s counsel argues that the complaints filed against the defendant, HOLMAN
CADILLAC, should be limited to “Product Liability”, but this defendant’s action go far beyond
the scope of “Product Liability”. The defendant’s in denying the obvious hazardous condition of
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the vehicle, which resulted from their own negligence in serving same, violated numerous New
Jersey Statutes — as detailed in the Amended Complaint. They not only endangered, and injured
the Plaintiff, but they “willfully” and deliberately endangered an entire family. The actions
which followed, as evidenced in EXHIBIT C, and confirmed in EXHIBIT _D, show that
HOLMAN CADILLAC employees sprayed the entire interior of the subject Cadillac ELR with a
dangerous toxin, which has resulted in catastrophic harm to the Plaintiff.
LEGAL ARGUMENT
The actions of the Defendants, as detailed in the Amended Complaint, show a
clear path to meeting the guidelines of the New Jersey Consumer Fraud Act (CFA), as the
“deception, fraud, misrepresentation, knowing, concealment, suppression, and omission of
material fact regarding the vehicle condition” both prior to and after sale, amounts to an
“unconscionable business practice”. The actions of the Defendants caused an ascertainable loss
by the plaintiff, as described in Cox v. Sears 138 NJ 2 (1994),
HOLMAN CADILLAC argues that the Plaintiff’s claims are limited by the New Jersey
Product Liability Act (PLA), yet they state the exception, that Plaintiff's claims are not limited
due to the inherent exception for “actions for harm caused by breach of an expres:
warranty” , pursuant to N.J.S.A, § 24:58C-1(b)(3)— as is clearly shown in this action, Plaintiff's
injuries would have been greatly reduced, had the warranty not been breached.
It should be noted, that the Defendants are “currently” continuing to violate ALL aspects
of the warranty of the subject vehicie.
HOLMAN CADILLAC seeks to reduce the complaint to a PLA violation, when it is
more than apparent that muitiple actors were involved; clear fraud and acts of deception were
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committed by the Defendants- which resulted in injury to the Plaintiff; and the preliminary
discovery has not even begun yet.
The multi-state agreement with GM contains a variety of injunctive relief terms, and
GM's “franchises” are also bound by this agreement.
GM has agreed to:
. Not represent that a motor vehicle is “safe” unless they have complied with the
Federal Motor Vehicle Safety Standards applicable to the motor vehicle at issue.
. Not represent that certified pre-owned vehicles advertised by GM are safe, have been
repaired for safety issues, or have been subject to rigorous inspection, unless such
vehicles are not subject to any open recalls relating to safety or have been repaired
pursuant to such a recall.
Instruct its dealers that all applicable recall repairs must be completed before any GM
motor vehicle sold in the U.S. and included in a recail is eligible for certification and, if
there is a recal{ on any certified pre-owned vehicle sold in the U.S., the required repai
must be completed before the vehicle is delivered to the customer.
As stipulated by the New Jersey Attorney General, the method by which GM et al should be held
accountable, is through the New Jersey CFA ~ as clearly stated above. The Plaintiff believes
that “multiple” New Jersey Statutes have been violated, and has filed reflecting same.
The defendant’s counsel incorrectly stated that “all of Plaintiffs claims in this matter
stem from an alleged product defect”. The product defect is part of the complaint, but the actions
of the Defendants to deceive, hide information, and provide false information to the Plaintiff not
only resulted in additional physical injuries, they ultimately resulted in catastrophic injuries, and
financial failure.
The Defendant’s attempts to limit the charges to Product liability, and breach of
warranty, do the Plaintiff a disservice, as the actions of the defendants to “deliberately” permit
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the plaintiff to be further injured, and endanger his entire family were unlawful and
“unconscionable acts”.
The documented injuring of the Plaintiff, which is “confirmed” as proximate cause of his
injuries, is clearly detailed in the Amended Complaint’s “Medical Certification” and/or attached
Affidavit (EXHIBIT E). The Plaintiff has suffered documented physical and economic losses at
the hands of the defendants. Additionally, The Defendants ‘actions violate the CF-4, which
forbids, as unlawful conduct, “[t]he act, use or employment by any person of any unconscionable
commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the
knowing, concealment, suppression, or omission of any material fact... "NJ. Stat. §56:8-2.
Although “consumer” is not defined in the CFA, the term “person” is employed and includes
both individuals and corporations. N.J. Stat. §56:8-1(d). The term “merchandise” is broadly
defined under the CFA to include “any . . . services or anything offered, directly or indirectly to
the public for sale.” N.US.A. 56:8-L(c).
ASSAULT and BATTERY
The Defendants knew that the Plaintiff had already been injured by their negligent
servicing of the subject vehicle’s HVAC system, after being provided the ER Hospitalization
record on March 24, 2016 (herein EXHIBIT F). Yet they “denied” the presence of the
“dangerous” chemical odor on the same day, and pressured the Plaintiff to re-enter the vehicle
without any remediation of the problem - which HOLMAN CADILLAC had caused. They did
so knowing that an infant could have already been killed in the subject vehicle.
After the GM inspection of April 4, 2016, and the May 19, 2016 confirming inspection of
the subject vehicle by Hagle Industrial Hygienist Associates (EXHIBIT G), the defendants once
again pressured the Plaintiff to pick-up the vehicle, knowing it was in an “unsafe” condition.
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After the Plaintiff refused, the HOLMAN CADILLAC General Manager, MICHAEL
SCHWAB, calted the Plaintiff, and boasted that “he had personally supervised a retreatment of
the car”; with the Holman Cadillac Service Manager, STEVEN MATTERN, and an “unknown”
technician. The evidence now shows that “their” retreatment of the subject Cadillac involved
spraying the chemical throughout the passenger compartment. This shows an “extreme
indifference to the value of human life” and recklessly caused the Plaintiffs further injuries.
When viewed in its entirety, the actions of HOLMAN CADILLAC and the other Defendants
meet the New Jersey standard for Assault below:
Tn New Jersey, the “Simple Assault” legal standard is as follows: a person commits a
simple assault if he/she attempts to cause or purposely, knowingly or recklessly causes bodily
injury to another.
In Aggravated Assault, N.J.S.A, 2C:12-1b(D) A person is guilty of aggravated assault if
he . . . (a)ttempts to cause serious bodily injury to another, or causes such injury purposely or
knowingly or under circumstances manifesting extreme indifference to the value of human
life recklessly causes such injury.
To find the defendant(s) guilty of aggravated assault for causing serious bodily injury to
another, the State must prove beyond a reasonable doubt each of the following elements:
1. That the defendant(s) caused serious bodily injury to another; and
2. That the defendant(s) acted purposely or knowingly or acted recklessly under
circumstances manifesting extreme indifference to the value of human life.
The Plaintiff believes that he Defendants’ actions amount to “Aggravated Assault”, and they go
well beyond the Civil standard.
HOLMAN CADILLAC willfully hide the information of the chemical utilized in the GM.
Technical Service Bulletin (TSB) from the Plaintiff, to hide the potential danger from him. They
misled the Plaintiff about the condition of the subject Cadillac, while knowing full well that their
6
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actions would lead to further injury if Plaintiff entered the vehicle. This was an
“4ntentional” act, and meets the standard in New Jersey for Assault.
In regards to Battery; “Poisons” are regarded as weapons throughout legal doctrine. The
use of a “poison” that results in injury is considered “Battery” by many legal scholars. If one
were to become injured by a “poison” poured into a drink, it would be considered “battery”. In
this complaint, a dangerous toxin was supposed to be introduced in the subject vehicle’s HVAC
system, both outside the vehicle in front of the windshield, and inside with a hose placed into a
drilled hole in the dash, pursuant to a GM TSB, The HOLMAN CADILLAC employees
disbursed the chemical throughout the passenger compartment. GM knew the chemical was
dangerous, and both knowingly, and recklessly, through their “indifference” to the Plaintiff and
his family’s lives, injured the Plaintiff with the poison.
Emotional Distress
In the Defendant’s arguments against emotional distress, he cites Buckley v Trenton Say,
Fund. Soc., 111 N.J. 355, 366, 544 A.2d 857 (1988), and Falzone y. Busch, 45 N.J. 559, 569,
214 A.2d 12 (1965). The Plaintiff believes that these cases support the plaintiff. The Plaintiff has
already established “intentional and outrageous conduct”, and supported the “proximate cause”
with a Medical Certification in the Amended Complaint, and Affidavit (herein EXHIBIT B).
The Plaintiff has suffered serious disabling injuries at the hands of the Defendants, and is in a
precancerous medical condition, after exposure to a known toxin and carcinogen. The Plaintiff's
medical diagnosis of “Endocrine Disruption “also increases the probability for multiple
additional types of cancers, The Plaintiff believes that these facts clearly meet the New Jersey
standard.
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The employees at GM, GM LLC, GM HOLDINGS LLC, GM Financial, HOLMAN
CADILLAC, ESIS, et al; have their fingerprints all over this nightmare, and it all began with
HOLMAN CADILLAC’s interactions with GM/ESIS/GM LLC. The denial of the stated,
written, and implied warranty of the subject vehicle; the instructing of Cadillac franchises not to
touch the vehicle; the redaction of the GM investigator’s “confirming” report from the vehicle’s
claim history; and the involvement of multiple entities and departments all support Plaintiff's
claims of Civil conspiracy. The Defendants’ cited legal standards are clearly met by the Plaintiff,
as it would not be possible for the events that took place to have occurred, unless there was
interaction between the Defendants.
Punitive Damages, and recover of fees and/or attorncy’s fee
The CFA, and numerous other statutes alleged to have been violated herein, have their
own established punitive damage standards, as well as the standards expressed by the defendants,
s Your Honor is aware. The plaintiff is confident that the damages resulting
from the defendants’ actions will be considered “exceptional”, and should be used as a
punishment and as a deterrent. Pavlova v. Mint Mgmt. Corp., 375 N.J. Super, 397, 405, (App.
Div. 2005). Plaintiff's Amended complaint clearly shows that the defendant’s actions were the
“proximate cause” of the Plaintiff's injuries. This has been “medically” verified through
Certification, Affidavit, and additionally supported by evidence in the form of “audio” files, with
full admissions of liability by the Defendants. The Plaintiff’s “costs” are no different than if an
attorney were handling this litigation, so it would be grossly biased if the Plaintiff's costs,
expenses, and punitive damages against the Defendants’ were not addressed in this action. The
Court should consider the “bad faith” which the defendant, GM et al, showed in October 2017,
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when they signed an agreement with the State of New Jersey, while continuing to ireat the
Plaintiff herein in direct violation of the agreement they were signing.
CONCLUSION
The Defendants seek to limit Your Honor’s opinion to the “pleadings”, because they are
well aware that the Plaintiff has “numerous” legally recorded, time-stamped audio files,
which not only support and verify Plaintiff’s pleadings, but clearly show that GM.
HOLDINGS LLC actions were unconscionable, malicious, and executed in total disregard
for human life.
DATED: June 14, 2018 Respectfully Submitted by:
J BELLO - ProSE
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what
EXHIBIT
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New Jersey Business Gatewa
Business Entity Information and Records Service
Business Id : 4691770000
Status Report For: HOLMAN AUTOMOTIVE GROUP, INC.
Report Date: 6/12/2018
Confirmation Number: 81631431774
IDENTIFICATION NUMBER, ENTITY TYPE AND STATUS INFORMATION
Business ID Number: 4691770000
Business Type: DOMESTIC PROFIT CORPORATION
Status: ACTIVE
Original Filing Date: 06/28/1946
Stock Amount: 1000
Home Jurisdiction: NO
Status Change Date: 04-21-2008
REVOCATION/SUSPENSION INFORMATION
DOR Suspension Start N/A
Date:
DOR Suspension End N/A
Date:
Tax Suspension Start N/A
Date:
Tax Suspension find N/A
Date:
ANNUAL REPORT INFORMATION
Annual Report Month: JUNE
Last Annual Report. 05/16/2018
Filed:
Year: 2018
AGENT/SERVICE OF PROCESS (SOP) INFORMATION
Agent : 4 CORPORATION SERVICE COMPANY
Agent/soPp Address: PRINCETON SOUTH CORPORATE CTR STE 160, 100
CHARLES EWING BLVD, EWING,NJ, 08628
Address Status: DELIVERABLE
Main Business Address: 4001 LEADENHALL ROAD, MT. LAUREL, NJ, 98054
Principal Business N/A
Address:
ASSOCIATED NAMES
Associated Name: HOLMAN MITSUBISHI
Type: FC
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New Jersey Business Gatewa’
Business Entity Information and Records Service
Business Id : 4691770000
Associated Name: MOUNT LAUREL TOYOTA
Type: FC
Associated Name: MOUNT LAUREL SCION
Type: FC
Associated Name: SCION OF MOUNT LAUREL
Type: FC
Associated Name: HOLMAN ENTERPRISES
Type: PV
Associated Name: SATURN OF MT. LAUREL
‘Type: FC
Associated Name: HOLMAN: FORD-MT. LAUREL
Type: Fe
Associated Name: HOLMAN FORD LINCOLN MERCURY
Type: Fe
Associated Name: HOLMAN AUTOMOTIVE
Type: FC
Associated Name: HOLMAN MOTORCARS
Type: Fe
Associated Name: BMW OF MOUNT LAUREL
Type: FC
Associated Name: BMW OF MT. LAUREL
Type: FC
Associated Name: HOLMAN CADILEAC
Type: FC
Associated Name: MINI OF MT. LAUREL
Type: FC
Associated Name: MINI OF MOUNT LAUREL
Type: FC
Associated Name: HOLMAN FORD LINCOLN
Type: FC
Associated Name: HOLMAN FORD - TURNERSVILLE
Type: FC
Associated Name: HOLMAN LINCOLN-TURNERSVILLE
Type: FC
Associated Name: HOLMAN LINCOLN
Type: FC
Associated Name: HOLMAN FORD LINCOLN - TURNERSVILLE
Type: FC
Associated Name: HOLMAN ENTERPRISES
Type: FC
PRINCIPALS
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New Jersey Business Gatewa’
Business Entity Information and Records Service
Business Id : 4691770000
Following are the most recently reported officers/directors (corporations),
managers/members/managing members (LCs), general partners (LPs), trustees/officers
(non-profits).
Title: PRESIDENT
Name: ORTELL, CARL A
Address: 4001 LEADENBALL ROAD, MY. LAUREL, . , Us
Title: SECRETARY
Name: ANDREOLA, ALBERT V
Address: 4001 LEADENHALL ROAD, MT. LAUREL, , , US
Title: TREASURER
Name: HORWITH, BRIAN K
Address: 4001 LEADENHALL ROAD, MT. LAUREL, , , Us
FILING HISTORY -- CORPORATIONS, LIMITED LIABILITY COMPANIES, LIMITED PARTNERSHIPS AND
LIMITED LIABILITY PARTNERSHIPS
To order copies of any of the filings below, return to the service page,
https: //www.njportal .com/DOR/businessrecords/Default.aspx and follow the instructions
for obtaining copies. Please note that trade names are filed initially with the County
Clerk({s) and are not available through this service. Contact the Division for
instructions on how to order Trade Mark documents.
Charter Documents for Corporations, LLCs, LPs and LLPs
Original Filing 1946
(Certificate) Date:
Changes and Amendments to the Original Certificate:
Filing Type Year Filed
CHANGE OF REGISTERED 1979
OFFICE
CHANGE OF REGISTERED 1999
AGENT
CHANGE OF REGTSTERED 1992
AGENT
NAME CHANGE 1972
RESTATED 2008
MERGED WITH A NAME 2008
CHANGE
CHANGE OF AGENT AND 2011
OFFICE
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L -
EXHIBIT
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About Holman Automotive Page 2 of 2
Holman Culture
Holman Autom: is one of the largest privately-owned dealership groups in the United States, with 36 dealership
franchises representing 17 brands from the East Coast to the Pacific Northwest. Since 1924 when we opened our first
dealership, the Holman family has been dedicated to providing our customers with exceptional experiences. Through our
leaders and employees, as well as our company values, we continue that tradition to this day.
Holman Automotive Is part of the Holman Enterprises family of businesses. In addition to dealerships, Holman operates a
leasing and auto retail finance company, a consumer and commercial insurance agency, an auto parts distributorship, a truck
upfitting business, and the largest privately-owned fleet leasing and management company in the country.
From a single Ford dealership in New Jersey in 1924 to a global leader in automotive services, Holman has come a long way.
And the journey continues. In 2016, our footprint expanded westward via our acquisition of Kuni Automotive, a dealership
group based out of the Pacific Northwest with similar values, focus on employee appreciation, and commitment to delivering
positive custorner experiences,
To learn more about our organization, please visit the Holman Enterprises site; www.holmanenterprises.com.
http://holmanenter rises.com,
https://www.bolmanauto.com/about-holman.htm 6/12/2018
BUR L 000638-18 eee Fa 22 of 57 Trans ID: LCV20181100555
EXHIBIT
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EXHIBIT
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359 DRESHER ROAD
HORSHAM, PA 19044
(215) 672-6088
EAGL
FAX (248) 443-0899
WEB SITE: http:/www.eagleih.com
INDUSTRIAL HYGIENE ASSOCIATES, INC.
June 1, 2018
Mr. Jeffrey Bello Phone: 609-668-9300
143 East Warren Street E-mail: bell9900@aol.com
Edgewater Park, NJ 08010
Re: Eagle Industrial Hygiene Associates, inc. — Report #180516
Chemical Contamination Evaluation, 2014 Cadillac ELR Automobile
Dear Mr. Bello,
Eagle Industrial Hygiene Associates, Inc. provided professional industrial hygiene
services to you on May 8, 2018. The services consisted of the evaluation of the indoor
air quality of your 2014 Cadillac ELR automobile due to determine if Cocamide DEA or
N-Nitrosodiethanolamine contaminate the car’s interior.
The scope of work associated with this evaluation included completion of the following
tasks:
4 Conducting a visual inspection of automobile for evidence of chemical residues.
2 Collecting a bulk carpet and surface wipe sample from the interior of the automobile.
The samples were combined. The combined sample was analyzed for Cocamide
DEA using gas chromatography with mass spectroscopy (GC/MS) and for N-
Nitrosodiethanolamine using liquid chromatography with mass spectroscopy
(LC/MS). A standard of each of the compounds was analyzed for reference.
3. Preparing a written report outlining the inspection and sample analysis findings.
All evaluation services were provided by a Certified Industrial Hygienist (CIH), followed
generally accepted industry practices, and were conducted in accordance with
applicable industry guidelines and recommendations for environmental quality
evaluations.
The inspection of the automobile found a chemical-type residue splattered or spilled onto
ok interior surfaces. The opalescent, white-colored residue was most noticeable on
vinyl/leather surfaces. A pungent, irritating odor was noticed upon opening the
automobile door on initial access to the automobile. The odor was characterized as acrid
and irritating to the eyes and upper respiratory system.
After the inspection, the carpet and surface wipe sampies were collected from areas
where the dried liquid staining was most notable. Sample collection techniques were
developed with input from the analytical laboratory.
Fragments of carpet were cut from the driver's side foot well, from the center console
side wail. The carpet fragments were immediately deposited into a clean plastic vial with
screw cap. The surface wipe sample was collected using an isopropyl alcohol soaked
chemical wipe cloth from the driver's side door interior door surfaces, starting near the
window and wiping non-porous finishes. Once collected, this sample was sealed in a
BUR L 000638-18 06/15/2018 Pg 29 of 57 Trans ID: LCV20181100555
Cocamide DEA Evaluation Page 2
plastic sample tube with screw cap. The samples were chilled and shipped overnight to
RTP Laboratories for analysis.
The analysis of the samples found no detectable Cocamide DEA or N-
Nitrosodiethanolamine. The limit of detection for each analysis is 5.0 parts per billion
(ppb). The laboratory test report and chain of custody are attached.
If you have any questions or need additional information, please contact me. Thank you
for the opportunity to be of service.
Sincerely,
Keith E. Crawford, CIH
Eagle Industrial Hygiene Associates, Inc.
Project #180516
Ae _
Pg 30 of S7 Trans ID: ECV20181100555
_ 2
EXHIBIT
BUR L 000638-18 06/15/2018 Pg 31 of 57 Trans ID: LCV20181100555
JEFFREY M. BELLO
143 E. Warren Street
Edgewater Park, New Jersey 08010
bell9900@aol.com
(609) 668-9300
ProSE Plaintiff
JEFFREY BELLO SUPERIOR COURT OF NEW JERSEY
Plaintiff LAW DIVISION
BURLINGTON COUNTY
WS. Docket No. L- 638-18
CADILLAC, a division of
GENERAL MOTOR COMPANY, et al:
GENERAL MOTORS HOLDINGS,
LLC;
GENERAL MOTORS, LLC
HOLMAN CADILLAC, a division of
HOLMAN AUTOMOTIVE, INC
ESIS GENERAL MOTORS, a wholly Civil Action
owned Subsidiary of THE CHUBB
CORPORATION:
KERBECK CADILLAC, INC:
GENERAL MOTORS FINANCIAL
COMPANY, INC, a wholly owned
Subsidiary of GENERAL MOTORS
COMPANY:
AIRSEPT, INC
MARY T. BARRA
DANIEL E, BERCE
MELINDA K. HOLMAN
MICHAEL SCHWAB
STEVEN MADDERN
CHRIS C. ROFFEY
JOSHUA PREISTER
JOHN/JANE DOES
#1-10 and/or
ABC CORPORATIONS #1-10. Affidavit of Dr. Lawrence J, Guzzardi, MD
Fictitious Corporations and/or
Commercial Entities, j/s/a
Defendants
BUR L oonese-8 09/18/2018 Pg 32 of 57 Trans ID: LCV20181100555
~ — one anne enn le
pugs
State of Pennsylvania,
Mews x
County of Man
BEFORE ME, the undersigned notary, Lantenc £ (nu 2tere a
on this lg day of April, 2018, personally appeared Dr. Lawrence J, Guzzardi,
MD, known to me to be a credible person of lawful age, who being by me first
duly sworn, on his oath, deposes and says:
1) J, Dr. Lawrence J. Guzzardi, am an Emergency Physician and Medical
Toxicologist. I have been Chairman of the Toxicology Conmmittee of the
American College of Emergency Physicians. I have lectured on published
nationally and statewide on many areas of toxicology and have been
recognized as an Expert in my fields of specialty (Medical Toxicology and
Emergency Medicine) over three hundred times in the Courts of thirteen
States and three Federal Districts. My curriculum vitae is attached.
2) I have personally reviewed medical records of Mr, Jeffrey Bello, Plaintiff, in
the above- referenced Iegal action.
3) Mr, Bello’s medical records indicate that he has required emergency medical
treatment multiple times since 2016 and diagnosed with “Chemical
Exposure” and “Ahdominal Pain”. This occurred with first use of his air
conditioner in his 2014 Cadillac ELR — after two separate recent services of
the air conditioner after a chemical(s) was/were introduced into the HVAC
BUR L 000638-18 06/15/2018 Pg 33 of 57 Trans ID: LCV20181100555
system of the car.
4) The service history of the subject of 2014 Cadillac ELR, indicates that the
chemicals: Coconut Diethanolamide (aka, Cocamide DEA ) and
Ammonia; were introduced into the HVAC system of the Plaintiffs vehicle.
by the servicing Cadillac franchise, Holman Cadillac, to remediate mold
contamination issues in the air conditioner ventilation system,
5) Information regarding the chemical used in the “mold remediation” was
provided to the Plaintiff, by the General Motors chemical provider, AinSept,
Jac, According to the AirSept Inc. “Safety Data Sheet”, the chemical
introduced into Mr. Bello’s Cadillac ELR, is a corrosive which will cause
skin, eye burns, and digestive problems. It clearly states to “avoid breathing
vapor”.
6) Information on Cocamide DEA, and more specifically DEA
(Diethanolamine) from the New Jersey Department of Health, National
Institute of Health (NIH), Centers for Disease Control and Prevention
(CDC), and multiple peer reviewed medical journals, indicate that this
chemical is a corrosive which will barn the eyes, skin, throat, esophagus,
affect the epithelium of the digestive system, cause or exacerbate asthma,
potentially cause cancer in the liver and kidneys. [t is believed to be a
bioaccumulate,
BUR L 000638-18 06/15/2018 Pg 34 of 57 Trans ID: LCV20181100555
7) DEA is known to react with nitrates in other chemicals, and form
nitrosamines or nitrosamine-n-nitrosodiethanolamine (NDELA), a
carcinogen linked to liver and kidney cancer in mice. Endocrine disruption is
known to cause breast. prostate. bladder, testicular, and other forms of
cancer,
8) The Plaintiff, Mr. Bello, since the chemical exposures, has been diagnosed
with a cyst, or burn to his left eye; chemical burns and continuous pain in his
throat (and most recently “narrowing”); digestive pain; short term memory
problems; edema; fatigue and disabling headaches ~ all following his first
exposure (March 2016).
After Mr. Bello’s second exposure (June 2016), he developed severe bladder
and abdominal pain, abnormal chest tissue development swelling of lymph
nodes, angio-edema; a tumor on his second left finger where it rested on the
steering wheel (which was surgically removed); blistering and bleeding from
his right arm (while in the car); chronic fatigue; jomt and muscle pain with
severe stiffness, and severe headaches. Mr. Bello’s Bladder was
eystoscopyed twice in 2017, and determined to be “pre-cancerous”, he is
scheduled for his second mammogram (since exposure), and continues to
suffer from swelling and pain of the brea
Preview
BUR L 000638-18 06/15/2018 Pg 1 of 57 Trans ID: LCV20181100555 Form A NOTICE: This is a public document. Do not enter personal identifying information on it, such as your Social Security number, driver’s license number, or active bank or credit card accounts. This document as submitted will be available to the public upon request. Name JEFFREY BELLO NJ Attorney ID (if applicable) RECEIVED Address 143 B, Warren Street Edgewater Park, New Jersey 08010 JUN 15 2018 Telephone Number 609-668-9300 Superior Court of New Jersey Suparios Cour of CIAL IV ree Law Division - Civil Part Burlington _ County JEFFREY BELLO Docket No. L-638-18 Plaintifi(s) Civil Action v. HOLMAN AUTOMOTIVE GRP Certification in Opposition to Motion Defendant(s) I, JEFFREY BELLO am the [Mf plaintiff (] defendant in the above-captioned matter. 1 hereby enter my objection to the Motion to Dismiss the Complaint against HOLMAN CADILLAC filed by the [] plaintiff [Mf defendant This motion should be denied because: This Motion is OPPOSED on it's merits-SSEE ATTACHED please? Pursuant to R. 1:6-2(d), the undersigned: (check one) (1) Waives oral argument and consents to disposition on the papers. #8 Requests oral argument for the following reasons: A significant amount of the evidence in this case is in the form of "legally" recorded Audio files. The Defendants are aware of this, and are attempting to "eliminate" the Court reviewing the "condemning", "conclusive" evidence by limiting the Court's review to submitted "Pleadings". I certify that the above statements made by me are true and that if any of the statements are willfully false, | am subject to punishment. Date 06/14/2018 Signatyyl 77°F LW) JEFF! 'Y BELLO - Plaintiff/ProSE Print Name. 04/2008, CN 10556 page 6 of 7 BUR L 000638-18 06/15/2018 Pg 2 of 57 Trans ID: LCV20181100555 Certification of Service I, further certify that on 06/15/2018 , [sent my opposition to the motion to the following by: (Check which mailing method you chose. If you sent it by both regular and certified mail, return receipt requested, check both) (1 regular mail lM certified mail, return receipt requested List each party to the lawsuit. Send your opposition to the attorney if the party is represented by counsel; if the party is pro se you may send the papers directly to that individual. Name Francis J. Grey, Jr., Esq. Name Address 750 Rt. 70 South, Suite 202B Address Marlton, New Jersey 08053 Attorney for GENERAL MOTORS etal Attorney for Date 06/15/2018 Signal MT JEFFRE 4 fe11.0 - Plaintiff/ProSE Print Name. 04/2008, CN 10556 page 7 of 7 BUR L 000638-18 06/15/2018 Pg 3 of 57 Trans ID: LCV20181100555 Certification of Service L, further certify that on 06/15/2018 , | sent my opposition to the motion to the following by: (Check which mailing method you chose. If you sent it by both regular and certified mail, return receipt requested, check both) regular mail O certified mail, return receipt requested List each party to the lawsuit. Send your opposition to the attorney if the party is represented by counsel; if the party is pro se you may send the papers directly to that individual. Name DAVID G. MURPHY/ REEDSMITH Name SAMUEL M. GOFFINET ESQ Address 136 Main Street, Suite 250 Address 65 Madison Ave. Suite 400 Princeton, NJ 08540 Morristown, NJ 07960 Attorney for GM FINANCIAL COMP.,INC. Attorney for KERBECK Date 06/15/2018 yl aren HL1.0 Print Name 04/2008, CN 10556 page 7 of 7 BUR L 000638-18 06/15/2018 Pg 4 of 57 Trans ID: LCV20181100555 Certification of Service I, further certify that on 06/15/2018 » Lsent my opposition to the motion to the following by: (Check which mailing method you chose. If you sent it by both regular and certified mail, return receipt requested, check both) @ regular mail & certified mail, return receipt requested List each party to the lawsuit. Send your opposition to the attomey if the party is represented by counsel; if the party is pro se you may send the papers directly to that individual. Name Wilson Elser Moskowitz ET AL Name Address 200 Campus Dr., Suite 400 Address Florham Park, New Jersey 07932 Attorney for AIRSEPT, INC Attorney for Date 06/15/2018 Signa WY JEFFREY BELLO - Plaintiff/ProSE Print Name: 04/2008, CN 10556 page 7 of 7 BUR L 000638-18 06/15/2018 Pg 5 of 57 Trans ID: LCV20181100555 JEFFREY M. BELLO 143 E. Warren Street Edgewater Park, New Jersey 08010 beli9900@aol.com (609) 668-9300 ProSE Plaintiff JEFFREY BELLO SUPERIOR COURT OF NEW JERSEY Plaintiff LAW DIVISION BURLINGTON COUNTY VS. Docket No.: L-638-18 CADILLAC, a division of GENERAL MOTOR COMPANY, et al GENERAL MOTORS HOLDINGS, LLC; GENERAL MOTORS, LLC HOLMAN CADILLAC, a division of HOLMAN AUTOMOTIVE, INC; ESIS GENERAL MOTORS, a wholly Civil Action owned Subsidiary of THE CHUBB CORPORATION; KERBECK CADILLAC, INC; GENERAL MOTORS FINANCIAL COMPANY, INC, a wholly owned Subsidiary of GENERAL MOTORS COMPANY; AIRSEPT, INC; MARY T. BARRA DANIEL E, BERCE MELINDA K. HOLMAN MICHAEL SCHWAB STEVEN MADDERN CHRIS C. ROFFEY JOSHUA PREISTER JOHN/JANE DOES #1-10 and/or ABC CORPORATIONS #1-10, Fictitious Corporations and/or CERTIFICATION OF Commercial Entities, j/s/a JEFFREY BELLO IN HOLMAN CADILLAC’S MOTION TO DISMISS Defendants BUR L 000638-18 06/15/2018 Pg 6 of 57 Trans ID: LCV20181100555 I, Jeffrey Bello, of full age, hereby certify as follows: 1. Iam the Plaintiff, ProSE in the above caption legal action. 2. I worked in the retail, wholesale, and Fleet auto industry for over 20 years, where I was personally involved in well over 10,000 vehicle transactions, both domestically and internationally. J have designed the business models for numerous auto dealerships, and have consulted at the manufacturers level, regarding product development, branding, and Internet marketing. J hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, 1 am subject to punishment. DATED: June 15, 2018 w. fff Jeffrey Belio — ProSE Plaintiff BUR L 000638-18 06/15/2018 Pg 7 of 57 Trans ID: LCV20181100555 JEFFREY M. BELLO 143 E. Warren Street Edgewater Park, New Jersey 08010 bell9900@aol.com (609) 668-9300 ProSE Plaintiff JEFFREY BELLO SUPERIOR COURT OF NEW JERSEY Plaintiff LAW DIVISION BURLINGTON COUNTY VS. Docket No.: L-638-18 CADILLAC, a division of GENERAL MOTOR COMPANY, et al GENERAL MOTORS HOLDINGS, LLC; GENERAL MOTORS, LLC HOLMAN CADILLAC, a division of HOLMAN AUTOMOTIVE, INC; ESIS GENERAL MOTORS, a wholly Civil Action owned Subsidiary of THE CHUBB CORPORATION; KERBECK CADILLAC, INC; GENERAL MOTORS FINANCIAL COMPANY, INC, a wholly owned Subsidiary of GENERAL MOTORS COMPANY; + AIRSEPT, INC; MARY T. BARRA DANIEL E, BERCE MELINDA K. HOLMAN MICHAEL SCHWAB STEVEN MADDERN CHRIS C. ROFFEY JOSHUA PREISTER JOHN/JANE DOES #1-10 and/or ABC CORPORATIONS #1-10, Fictitious Corporations and/or REPLY IN OPPOSITION TO MOTION Commercial Entities, j/s/a SEEKING DISMISSAL ON BEHALF OF HOLMAN CADILLAC Defendants BUR L 000638-18 06/15/2018 Pg 8 of 57 Trans ID: LCV20181100555 Dear Judge Belgard, Please find the Plaintiff's, JEFFREY BELLO, objection and opposition to the Defendant’s, HOLMAN CADILLAC, Motion seeking Dismissal. Please find this less formal “letter brief” with attached Exhibits, in response to the “Motion to Dismiss” filed on behalf of the Defendant HOLMAN CADILLAC. Your Honor, pursuant R. 1:6-2(d), the Plaintiff secks “oral argument” in regards to this Motion to Dismiss put forth by the referenced defendants herein. REPLY TO MOTION TO DISMISS The Plaintiff's Amended Complaint, filed with this Honorable Court on April 11, 2018, unfortunately had a typographical error regarding the Defendant, HOLMAN CADILLAC. This defendant should have been legally identified as HOLMAN AUTOMOTIVE GROUP, INC, d/b/a HOLMAN CADILLAC, but was inadvertently stated as HOLMAN AUTOMOTIVE, INC., d/b/a HOLMAN CADILLAC. The Plaintiff has now filed with the Honorable Court to “correct” this defect in the Amended filing with the Court, pursuant to Rule 4:9. The defendant, HOLMAN CADILLAC, argues that their legal name is “Holman Retail Holdings, LLC”, d/b/a HOLMAN CADILLAC, but the Plaintiff directs the Court to the Secretary of State of New Jersey’s filing regarding HOLMAN AUTOMOTIVE GROUP, INC which is addressed at 4001 Leadenhall Road, Mount Laurel, N.J. 08054, where “service” was satisfied (herein EXHIBIT A). The Court is also respectfully directed to EXHIBIT B, which is how HOLMAN CADILLAC self-identifies to consumers on their corporate website. Defendant’s counsel argues that the complaints filed against the defendant, HOLMAN CADILLAC, should be limited to “Product Liability”, but this defendant’s action go far beyond the scope of “Product Liability”. The defendant’s in denying the obvious hazardous condition of BUR L 000638-18 06/15/2018 Pg 9 of 57 Trans ID: LCV20181100555 the vehicle, which resulted from their own negligence in serving same, violated numerous New Jersey Statutes — as detailed in the Amended Complaint. They not only endangered, and injured the Plaintiff, but they “willfully” and deliberately endangered an entire family. The actions which followed, as evidenced in EXHIBIT C, and confirmed in EXHIBIT _D, show that HOLMAN CADILLAC employees sprayed the entire interior of the subject Cadillac ELR with a dangerous toxin, which has resulted in catastrophic harm to the Plaintiff. LEGAL ARGUMENT The actions of the Defendants, as detailed in the Amended Complaint, show a clear path to meeting the guidelines of the New Jersey Consumer Fraud Act (CFA), as the “deception, fraud, misrepresentation, knowing, concealment, suppression, and omission of material fact regarding the vehicle condition” both prior to and after sale, amounts to an “unconscionable business practice”. The actions of the Defendants caused an ascertainable loss by the plaintiff, as described in Cox v. Sears 138 NJ 2 (1994), HOLMAN CADILLAC argues that the Plaintiff’s claims are limited by the New Jersey Product Liability Act (PLA), yet they state the exception, that Plaintiff's claims are not limited due to the inherent exception for “actions for harm caused by breach of an expres: warranty” , pursuant to N.J.S.A, § 24:58C-1(b)(3)— as is clearly shown in this action, Plaintiff's injuries would have been greatly reduced, had the warranty not been breached. It should be noted, that the Defendants are “currently” continuing to violate ALL aspects of the warranty of the subject vehicie. HOLMAN CADILLAC seeks to reduce the complaint to a PLA violation, when it is more than apparent that muitiple actors were involved; clear fraud and acts of deception were BUR L 000638-18 06/15/2018 Pg 10 of 57 Trans ID: LCV20181100555 committed by the Defendants- which resulted in injury to the Plaintiff; and the preliminary discovery has not even begun yet. The multi-state agreement with GM contains a variety of injunctive relief terms, and GM's “franchises” are also bound by this agreement. GM has agreed to: . Not represent that a motor vehicle is “safe” unless they have complied with the Federal Motor Vehicle Safety Standards applicable to the motor vehicle at issue. . Not represent that certified pre-owned vehicles advertised by GM are safe, have been repaired for safety issues, or have been subject to rigorous inspection, unless such vehicles are not subject to any open recalls relating to safety or have been repaired pursuant to such a recall. Instruct its dealers that all applicable recall repairs must be completed before any GM motor vehicle sold in the U.S. and included in a recail is eligible for certification and, if there is a recal{ on any certified pre-owned vehicle sold in the U.S., the required repai must be completed before the vehicle is delivered to the customer. As stipulated by the New Jersey Attorney General, the method by which GM et al should be held accountable, is through the New Jersey CFA ~ as clearly stated above. The Plaintiff believes that “multiple” New Jersey Statutes have been violated, and has filed reflecting same. The defendant’s counsel incorrectly stated that “all of Plaintiffs claims in this matter stem from an alleged product defect”. The product defect is part of the complaint, but the actions of the Defendants to deceive, hide information, and provide false information to the Plaintiff not only resulted in additional physical injuries, they ultimately resulted in catastrophic injuries, and financial failure. The Defendant’s attempts to limit the charges to Product liability, and breach of warranty, do the Plaintiff a disservice, as the actions of the defendants to “deliberately” permit BUR L 000638-18 06/15/2018 Pg 11 of 57 Trans ID: LCV20181100555 the plaintiff to be further injured, and endanger his entire family were unlawful and “unconscionable acts”. The documented injuring of the Plaintiff, which is “confirmed” as proximate cause of his injuries, is clearly detailed in the Amended Complaint’s “Medical Certification” and/or attached Affidavit (EXHIBIT E). The Plaintiff has suffered documented physical and economic losses at the hands of the defendants. Additionally, The Defendants ‘actions violate the CF-4, which forbids, as unlawful conduct, “[t]he act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact... "NJ. Stat. §56:8-2. Although “consumer” is not defined in the CFA, the term “person” is employed and includes both individuals and corporations. N.J. Stat. §56:8-1(d). The term “merchandise” is broadly defined under the CFA to include “any . . . services or anything offered, directly or indirectly to the public for sale.” N.US.A. 56:8-L(c). ASSAULT and BATTERY The Defendants knew that the Plaintiff had already been injured by their negligent servicing of the subject vehicle’s HVAC system, after being provided the ER Hospitalization record on March 24, 2016 (herein EXHIBIT F). Yet they “denied” the presence of the “dangerous” chemical odor on the same day, and pressured the Plaintiff to re-enter the vehicle without any remediation of the problem - which HOLMAN CADILLAC had caused. They did so knowing that an infant could have already been killed in the subject vehicle. After the GM inspection of April 4, 2016, and the May 19, 2016 confirming inspection of the subject vehicle by Hagle Industrial Hygienist Associates (EXHIBIT G), the defendants once again pressured the Plaintiff to pick-up the vehicle, knowing it was in an “unsafe” condition. BUR L 000638-18 06/15/2018 Pg 12 of 57 Trans ID: LCV20181100555 After the Plaintiff refused, the HOLMAN CADILLAC General Manager, MICHAEL SCHWAB, calted the Plaintiff, and boasted that “he had personally supervised a retreatment of the car”; with the Holman Cadillac Service Manager, STEVEN MATTERN, and an “unknown” technician. The evidence now shows that “their” retreatment of the subject Cadillac involved spraying the chemical throughout the passenger compartment. This shows an “extreme indifference to the value of human life” and recklessly caused the Plaintiffs further injuries. When viewed in its entirety, the actions of HOLMAN CADILLAC and the other Defendants meet the New Jersey standard for Assault below: Tn New Jersey, the “Simple Assault” legal standard is as follows: a person commits a simple assault if he/she attempts to cause or purposely, knowingly or recklessly causes bodily injury to another. In Aggravated Assault, N.J.S.A, 2C:12-1b(D) A person is guilty of aggravated assault if he . . . (a)ttempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury. To find the defendant(s) guilty of aggravated assault for causing serious bodily injury to another, the State must prove beyond a reasonable doubt each of the following elements: 1. That the defendant(s) caused serious bodily injury to another; and 2. That the defendant(s) acted purposely or knowingly or acted recklessly under circumstances manifesting extreme indifference to the value of human life. The Plaintiff believes that he Defendants’ actions amount to “Aggravated Assault”, and they go well beyond the Civil standard. HOLMAN CADILLAC willfully hide the information of the chemical utilized in the GM. Technical Service Bulletin (TSB) from the Plaintiff, to hide the potential danger from him. They misled the Plaintiff about the condition of the subject Cadillac, while knowing full well that their 6 BUR L 000638-18 06/15/2018 Pg 13 of 57 Trans ID: LCV20181100555 actions would lead to further injury if Plaintiff entered the vehicle. This was an “4ntentional” act, and meets the standard in New Jersey for Assault. In regards to Battery; “Poisons” are regarded as weapons throughout legal doctrine. The use of a “poison” that results in injury is considered “Battery” by many legal scholars. If one were to become injured by a “poison” poured into a drink, it would be considered “battery”. In this complaint, a dangerous toxin was supposed to be introduced in the subject vehicle’s HVAC system, both outside the vehicle in front of the windshield, and inside with a hose placed into a drilled hole in the dash, pursuant to a GM TSB, The HOLMAN CADILLAC employees disbursed the chemical throughout the passenger compartment. GM knew the chemical was dangerous, and both knowingly, and recklessly, through their “indifference” to the Plaintiff and his family’s lives, injured the Plaintiff with the poison. Emotional Distress In the Defendant’s arguments against emotional distress, he cites Buckley v Trenton Say, Fund. Soc., 111 N.J. 355, 366, 544 A.2d 857 (1988), and Falzone y. Busch, 45 N.J. 559, 569, 214 A.2d 12 (1965). The Plaintiff believes that these cases support the plaintiff. The Plaintiff has already established “intentional and outrageous conduct”, and supported the “proximate cause” with a Medical Certification in the Amended Complaint, and Affidavit (herein EXHIBIT B). The Plaintiff has suffered serious disabling injuries at the hands of the Defendants, and is in a precancerous medical condition, after exposure to a known toxin and carcinogen. The Plaintiff's medical diagnosis of “Endocrine Disruption “also increases the probability for multiple additional types of cancers, The Plaintiff believes that these facts clearly meet the New Jersey standard. BUR L 000638-18 06/15/2018 Pg 14 of 57 Trans ID: LCV20181100555 The employees at GM, GM LLC, GM HOLDINGS LLC, GM Financial, HOLMAN CADILLAC, ESIS, et al; have their fingerprints all over this nightmare, and it all began with HOLMAN CADILLAC’s interactions with GM/ESIS/GM LLC. The denial of the stated, written, and implied warranty of the subject vehicle; the instructing of Cadillac franchises not to touch the vehicle; the redaction of the GM investigator’s “confirming” report from the vehicle’s claim history; and the involvement of multiple entities and departments all support Plaintiff's claims of Civil conspiracy. The Defendants’ cited legal standards are clearly met by the Plaintiff, as it would not be possible for the events that took place to have occurred, unless there was interaction between the Defendants. Punitive Damages, and recover of fees and/or attorncy’s fee The CFA, and numerous other statutes alleged to have been violated herein, have their own established punitive damage standards, as well as the standards expressed by the defendants, s Your Honor is aware. The plaintiff is confident that the damages resulting from the defendants’ actions will be considered “exceptional”, and should be used as a punishment and as a deterrent. Pavlova v. Mint Mgmt. Corp., 375 N.J. Super, 397, 405, (App. Div. 2005). Plaintiff's Amended complaint clearly shows that the defendant’s actions were the “proximate cause” of the Plaintiff's injuries. This has been “medically” verified through Certification, Affidavit, and additionally supported by evidence in the form of “audio” files, with full admissions of liability by the Defendants. The Plaintiff’s “costs” are no different than if an attorney were handling this litigation, so it would be grossly biased if the Plaintiff's costs, expenses, and punitive damages against the Defendants’ were not addressed in this action. The Court should consider the “bad faith” which the defendant, GM et al, showed in October 2017, BUR L 000638-18 06/15/2018 Pg 15 of 57 Trans ID: LCV20181100555 when they signed an agreement with the State of New Jersey, while continuing to ireat the Plaintiff herein in direct violation of the agreement they were signing. CONCLUSION The Defendants seek to limit Your Honor’s opinion to the “pleadings”, because they are well aware that the Plaintiff has “numerous” legally recorded, time-stamped audio files, which not only support and verify Plaintiff’s pleadings, but clearly show that GM. HOLDINGS LLC actions were unconscionable, malicious, and executed in total disregard for human life. DATED: June 14, 2018 Respectfully Submitted by: J BELLO - ProSE BUR L 000638-18 06/15/2018 Pg 16 of 57 Trans ID: LCV20181100555 what EXHIBIT BUR L 000638-18 06/15/2018 Pg 17 of 57 Trans ID: LCV20181100555 New Jersey Business Gatewa Business Entity Information and Records Service Business Id : 4691770000 Status Report For: HOLMAN AUTOMOTIVE GROUP, INC. Report Date: 6/12/2018 Confirmation Number: 81631431774 IDENTIFICATION NUMBER, ENTITY TYPE AND STATUS INFORMATION Business ID Number: 4691770000 Business Type: DOMESTIC PROFIT CORPORATION Status: ACTIVE Original Filing Date: 06/28/1946 Stock Amount: 1000 Home Jurisdiction: NO Status Change Date: 04-21-2008 REVOCATION/SUSPENSION INFORMATION DOR Suspension Start N/A Date: DOR Suspension End N/A Date: Tax Suspension Start N/A Date: Tax Suspension find N/A Date: ANNUAL REPORT INFORMATION Annual Report Month: JUNE Last Annual Report. 05/16/2018 Filed: Year: 2018 AGENT/SERVICE OF PROCESS (SOP) INFORMATION Agent : 4 CORPORATION SERVICE COMPANY Agent/soPp Address: PRINCETON SOUTH CORPORATE CTR STE 160, 100 CHARLES EWING BLVD, EWING,NJ, 08628 Address Status: DELIVERABLE Main Business Address: 4001 LEADENHALL ROAD, MT. LAUREL, NJ, 98054 Principal Business N/A Address: ASSOCIATED NAMES Associated Name: HOLMAN MITSUBISHI Type: FC BUR L 000638-18 06/15/2018 Pg 18 of 57 Trans ID: LCV20181100555 New Jersey Business Gatewa’ Business Entity Information and Records Service Business Id : 4691770000 Associated Name: MOUNT LAUREL TOYOTA Type: FC Associated Name: MOUNT LAUREL SCION Type: FC Associated Name: SCION OF MOUNT LAUREL Type: FC Associated Name: HOLMAN ENTERPRISES Type: PV Associated Name: SATURN OF MT. LAUREL ‘Type: FC Associated Name: HOLMAN: FORD-MT. LAUREL Type: Fe Associated Name: HOLMAN FORD LINCOLN MERCURY Type: Fe Associated Name: HOLMAN AUTOMOTIVE Type: FC Associated Name: HOLMAN MOTORCARS Type: Fe Associated Name: BMW OF MOUNT LAUREL Type: FC Associated Name: BMW OF MT. LAUREL Type: FC Associated Name: HOLMAN CADILEAC Type: FC Associated Name: MINI OF MT. LAUREL Type: FC Associated Name: MINI OF MOUNT LAUREL Type: FC Associated Name: HOLMAN FORD LINCOLN Type: FC Associated Name: HOLMAN FORD - TURNERSVILLE Type: FC Associated Name: HOLMAN LINCOLN-TURNERSVILLE Type: FC Associated Name: HOLMAN LINCOLN Type: FC Associated Name: HOLMAN FORD LINCOLN - TURNERSVILLE Type: FC Associated Name: HOLMAN ENTERPRISES Type: FC PRINCIPALS BUR L 000638-18 06/15/2018 Pg 19 of 57 Trans ID: LCV20181100555 New Jersey Business Gatewa’ Business Entity Information and Records Service Business Id : 4691770000 Following are the most recently reported officers/directors (corporations), managers/members/managing members (LCs), general partners (LPs), trustees/officers (non-profits). Title: PRESIDENT Name: ORTELL, CARL A Address: 4001 LEADENBALL ROAD, MY. LAUREL, . , Us Title: SECRETARY Name: ANDREOLA, ALBERT V Address: 4001 LEADENHALL ROAD, MT. LAUREL, , , US Title: TREASURER Name: HORWITH, BRIAN K Address: 4001 LEADENHALL ROAD, MT. LAUREL, , , Us FILING HISTORY -- CORPORATIONS, LIMITED LIABILITY COMPANIES, LIMITED PARTNERSHIPS AND LIMITED LIABILITY PARTNERSHIPS To order copies of any of the filings below, return to the service page, https: //www.njportal .com/DOR/businessrecords/Default.aspx and follow the instructions for obtaining copies. Please note that trade names are filed initially with the County Clerk({s) and are not available through this service. Contact the Division for instructions on how to order Trade Mark documents. Charter Documents for Corporations, LLCs, LPs and LLPs Original Filing 1946 (Certificate) Date: Changes and Amendments to the Original Certificate: Filing Type Year Filed CHANGE OF REGISTERED 1979 OFFICE CHANGE OF REGISTERED 1999 AGENT CHANGE OF REGTSTERED 1992 AGENT NAME CHANGE 1972 RESTATED 2008 MERGED WITH A NAME 2008 CHANGE CHANGE OF AGENT AND 2011 OFFICE BUR L 000638-18 seen raze of 57 Trans ID: ero eese L - EXHIBIT BUR L 000638-18 06/15/2018 Pg 21 of 57 Trans ID: LCV20181100555 About Holman Automotive Page 2 of 2 Holman Culture Holman Autom: is one of the largest privately-owned dealership groups in the United States, with 36 dealership franchises representing 17 brands from the East Coast to the Pacific Northwest. Since 1924 when we opened our first dealership, the Holman family has been dedicated to providing our customers with exceptional experiences. Through our leaders and employees, as well as our company values, we continue that tradition to this day. Holman Automotive Is part of the Holman Enterprises family of businesses. In addition to dealerships, Holman operates a leasing and auto retail finance company, a consumer and commercial insurance agency, an auto parts distributorship, a truck upfitting business, and the largest privately-owned fleet leasing and management company in the country. From a single Ford dealership in New Jersey in 1924 to a global leader in automotive services, Holman has come a long way. And the journey continues. In 2016, our footprint expanded westward via our acquisition of Kuni Automotive, a dealership group based out of the Pacific Northwest with similar values, focus on employee appreciation, and commitment to delivering positive custorner experiences, To learn more about our organization, please visit the Holman Enterprises site; www.holmanenterprises.com. http://holmanenter rises.com, https://www.bolmanauto.com/about-holman.htm 6/12/2018 BUR L 000638-18 eee Fa 22 of 57 Trans ID: LCV20181100555 EXHIBIT — co i = ae ~ a - ee a a —— a i ae A ry - a4 i i _— — a a 4 a _ ss S= a a= wes we =— a - - a a a ae oe & ae a oe2 ae i a & eo ene - oe ae cSoe S 2 ae ee = S ie 2 Le aee ra E a os — oe S ae oe ss - a os ai “ BUR L 000638-18 : 06/15/2018 Pg 27 of 37 Trans ID: ECV20181100555 EXHIBIT BUR L 000638-18 06/15/2018 Pg 28 of 57 Trans ID: LCV20181100555 359 DRESHER ROAD HORSHAM, PA 19044 (215) 672-6088 EAGL FAX (248) 443-0899 WEB SITE: http:/www.eagleih.com INDUSTRIAL HYGIENE ASSOCIATES, INC. June 1, 2018 Mr. Jeffrey Bello Phone: 609-668-9300 143 East Warren Street E-mail: bell9900@aol.com Edgewater Park, NJ 08010 Re: Eagle Industrial Hygiene Associates, inc. — Report #180516 Chemical Contamination Evaluation, 2014 Cadillac ELR Automobile Dear Mr. Bello, Eagle Industrial Hygiene Associates, Inc. provided professional industrial hygiene services to you on May 8, 2018. The services consisted of the evaluation of the indoor air quality of your 2014 Cadillac ELR automobile due to determine if Cocamide DEA or N-Nitrosodiethanolamine contaminate the car’s interior. The scope of work associated with this evaluation included completion of the following tasks: 4 Conducting a visual inspection of automobile for evidence of chemical residues. 2 Collecting a bulk carpet and surface wipe sample from the interior of the automobile. The samples were combined. The combined sample was analyzed for Cocamide DEA using gas chromatography with mass spectroscopy (GC/MS) and for N- Nitrosodiethanolamine using liquid chromatography with mass spectroscopy (LC/MS). A standard of each of the compounds was analyzed for reference. 3. Preparing a written report outlining the inspection and sample analysis findings. All evaluation services were provided by a Certified Industrial Hygienist (CIH), followed generally accepted industry practices, and were conducted in accordance with applicable industry guidelines and recommendations for environmental quality evaluations. The inspection of the automobile found a chemical-type residue splattered or spilled onto ok interior surfaces. The opalescent, white-colored residue was most noticeable on vinyl/leather surfaces. A pungent, irritating odor was noticed upon opening the automobile door on initial access to the automobile. The odor was characterized as acrid and irritating to the eyes and upper respiratory system. After the inspection, the carpet and surface wipe sampies were collected from areas where the dried liquid staining was most notable. Sample collection techniques were developed with input from the analytical laboratory. Fragments of carpet were cut from the driver's side foot well, from the center console side wail. The carpet fragments were immediately deposited into a clean plastic vial with screw cap. The surface wipe sample was collected using an isopropyl alcohol soaked chemical wipe cloth from the driver's side door interior door surfaces, starting near the window and wiping non-porous finishes. Once collected, this sample was sealed in a BUR L 000638-18 06/15/2018 Pg 29 of 57 Trans ID: LCV20181100555 Cocamide DEA Evaluation Page 2 plastic sample tube with screw cap. The samples were chilled and shipped overnight to RTP Laboratories for analysis. The analysis of the samples found no detectable Cocamide DEA or N- Nitrosodiethanolamine. The limit of detection for each analysis is 5.0 parts per billion (ppb). The laboratory test report and chain of custody are attached. If you have any questions or need additional information, please contact me. Thank you for the opportunity to be of service. Sincerely, Keith E. Crawford, CIH Eagle Industrial Hygiene Associates, Inc. Project #180516 Ae _ Pg 30 of S7 Trans ID: ECV20181100555 _ 2 EXHIBIT BUR L 000638-18 06/15/2018 Pg 31 of 57 Trans ID: LCV20181100555 JEFFREY M. BELLO 143 E. Warren Street Edgewater Park, New Jersey 08010 bell9900@aol.com (609) 668-9300 ProSE Plaintiff JEFFREY BELLO SUPERIOR COURT OF NEW JERSEY Plaintiff LAW DIVISION BURLINGTON COUNTY WS. Docket No. L- 638-18 CADILLAC, a division of GENERAL MOTOR COMPANY, et al: GENERAL MOTORS HOLDINGS, LLC; GENERAL MOTORS, LLC HOLMAN CADILLAC, a division of HOLMAN AUTOMOTIVE, INC ESIS GENERAL MOTORS, a wholly Civil Action owned Subsidiary of THE CHUBB CORPORATION: KERBECK CADILLAC, INC: GENERAL MOTORS FINANCIAL COMPANY, INC, a wholly owned Subsidiary of GENERAL MOTORS COMPANY: AIRSEPT, INC MARY T. BARRA DANIEL E, BERCE MELINDA K. HOLMAN MICHAEL SCHWAB STEVEN MADDERN CHRIS C. ROFFEY JOSHUA PREISTER JOHN/JANE DOES #1-10 and/or ABC CORPORATIONS #1-10. Affidavit of Dr. Lawrence J, Guzzardi, MD Fictitious Corporations and/or Commercial Entities, j/s/a Defendants BUR L oonese-8 09/18/2018 Pg 32 of 57 Trans ID: LCV20181100555 ~ — one anne enn le pugs State of Pennsylvania, Mews x County of Man BEFORE ME, the undersigned notary, Lantenc £ (nu 2tere a on this lg day of April, 2018, personally appeared Dr. Lawrence J, Guzzardi, MD, known to me to be a credible person of lawful age, who being by me first duly sworn, on his oath, deposes and says: 1) J, Dr. Lawrence J. Guzzardi, am an Emergency Physician and Medical Toxicologist. I have been Chairman of the Toxicology Conmmittee of the American College of Emergency Physicians. I have lectured on published nationally and statewide on many areas of toxicology and have been recognized as an Expert in my fields of specialty (Medical Toxicology and Emergency Medicine) over three hundred times in the Courts of thirteen States and three Federal Districts. My curriculum vitae is attached. 2) I have personally reviewed medical records of Mr, Jeffrey Bello, Plaintiff, in the above- referenced Iegal action. 3) Mr, Bello’s medical records indicate that he has required emergency medical treatment multiple times since 2016 and diagnosed with “Chemical Exposure” and “Ahdominal Pain”. This occurred with first use of his air conditioner in his 2014 Cadillac ELR — after two separate recent services of the air conditioner after a chemical(s) was/were introduced into the HVAC BUR L 000638-18 06/15/2018 Pg 33 of 57 Trans ID: LCV20181100555 system of the car. 4) The service history of the subject of 2014 Cadillac ELR, indicates that the chemicals: Coconut Diethanolamide (aka, Cocamide DEA ) and Ammonia; were introduced into the HVAC system of the Plaintiffs vehicle. by the servicing Cadillac franchise, Holman Cadillac, to remediate mold contamination issues in the air conditioner ventilation system, 5) Information regarding the chemical used in the “mold remediation” was provided to the Plaintiff, by the General Motors chemical provider, AinSept, Jac, According to the AirSept Inc. “Safety Data Sheet”, the chemical introduced into Mr. Bello’s Cadillac ELR, is a corrosive which will cause skin, eye burns, and digestive problems. It clearly states to “avoid breathing vapor”. 6) Information on Cocamide DEA, and more specifically DEA (Diethanolamine) from the New Jersey Department of Health, National Institute of Health (NIH), Centers for Disease Control and Prevention (CDC), and multiple peer reviewed medical journals, indicate that this chemical is a corrosive which will barn the eyes, skin, throat, esophagus, affect the epithelium of the digestive system, cause or exacerbate asthma, potentially cause cancer in the liver and kidneys. [t is believed to be a bioaccumulate, BUR L 000638-18 06/15/2018 Pg 34 of 57 Trans ID: LCV20181100555 7) DEA is known to react with nitrates in other chemicals, and form nitrosamines or nitrosamine-n-nitrosodiethanolamine (NDELA), a carcinogen linked to liver and kidney cancer in mice. Endocrine disruption is known to cause breast. prostate. bladder, testicular, and other forms of cancer, 8) The Plaintiff, Mr. Bello, since the chemical exposures, has been diagnosed with a cyst, or burn to his left eye; chemical burns and continuous pain in his throat (and most recently “narrowing”); digestive pain; short term memory problems; edema; fatigue and disabling headaches ~ all following his first exposure (March 2016). After Mr. Bello’s second exposure (June 2016), he developed severe bladder and abdominal pain, abnormal chest tissue development swelling of lymph nodes, angio-edema; a tumor on his second left finger where it rested on the steering wheel (which was surgically removed); blistering and bleeding from his right arm (while in the car); chronic fatigue; jomt and muscle pain with severe stiffness, and severe headaches. Mr. Bello’s Bladder was eystoscopyed twice in 2017, and determined to be “pre-cancerous”, he is scheduled for his second mammogram (since exposure), and continues to suffer from swelling and pain of the brea