Account of Issues and events
1. On Friday 19th April 2002 John (Russ) McNeely comes to XXXX residence Industry PA 15052 to view a 1975 Dodge Dart Sport and provide estimation for bodywork to be done on the Car.
Estimated included fixing bodywork visible rust only in rear right panel and front left panel. Paint to be used was Metallic Pearl Urethane paint. Included dissembelly of car, chrome and all work to return car with Paint Job.
John McNeely estimated about 3 weeks worth of work and between 2800 to 3500 dollars. Parties agreed and XXXXX paid him $1500 as a deposit for parts by Check # 202 Attached from XXXXX Check Account. This check was presented to the Bank on 23rd April 2002.
John McNeely collected the gar and took it to his residence where he was to complete the work on Paradise Road Industry on approximately 21st or 22nd of April.
John McNeely stated to XXXX that he would retain all the receipts for parts for the job. XXXX stated that no additional work should be carried out on the vehicle without her verbal consent.
2. XXXX were informed that work on the vehicle was delayed because John McNeely had to get his garden done for his Partner before the Locust came.
3. On Saturday 4th May 2002 XXXX visited Mr. McNeely's residence to discuss progress on the Vehicle. John McNeely showed XXXX work he had done to date which only included cutting out the rust on the Vehicle removing Seats front and Bank, removing chrome work and apply liquid metal to repair the panels.
The parties discussed additional work to remove the engine block and replace hoses, points, plugs etc to enable the inside of the engine compartment to be primed in black paint and to generally clean up the engine which was in a working but dirty state. John McNeely estimated this would be an additional $2000 worth of work. XXXX agreed to the estimate of work and that in total the job would come to approximately $5,000.
On this date they also discussed the option to rebuild the front end, which a friend of his could do, as he needed the front end rebuilt on his own GTX car as well. John McNeely said that we should be able to get both done at a discounted price. xxxx confirmed with John McNeely that the front end being rebuilt was included in the additional $2000, which would bring the total estimate for all work to $5,000.00.
The parties also discussed the condition of the vehicles transmission, which needed to be rebuilt as it was slipping. John McNeely said he would get a quote from a friend who rebuilds them.
XXXXX paid John McNeely and additional $1,000 on Check # 206 attached.
4. Over the next couple of weeks John McNeely informed
XXXX that he could not get the transmission in to be rebuilt for several months, so it was agreed to purchase a new transmission for the vehicle at an approximate additional cost of $5,00.00. This would bring the total estimate for the car to $5,500.00. At this time no paint had been laid on the car at all.
5. On 5th June 2002, John McNeely discussed with XXXXX the break Lines on the vehicle. He said that although they looked good from inside the engine block they were rusted out underneath the car.
The parties discussed redoing the break lines and looking at the breaks on the car, no dollar estimated was given but verbally John McNeely said that it should not cost much, maybe an additional few hundred dollars at most.
In xxxx estimated this brought the value of the work up to approximately $6,000, including all items discussed above.
On 5th June 2002 XXXXX gave John McNeely and additional check for $2,000 on Check# 208 attached. This was to cover the cost of the transmission that had come in and additional break parts as agreed.
It should be noted there was still no paint on the vehicle and the engine block was still out of the car.
6. On 27th of June John McNeely called for more money for parts to enable him to finish the car. XXXX gave him an additional $1,500 on check#213 attached and it was on the understanding that this was more than what he need at that time to complete the car.
2 3 days later John McNeely was saying that the total of $6,000 already paid by XXXX meant they were about even. The car was still yet to have paint on the vehicle at this time.
There was a verbal disagreement over the phone by both XXXX and John McNeely about the fact that they were even with work completed to work paid for. When XXXX asked what it was going to cost and stated that she wanted receipts John McNeely was not able to give an amount but stated it should take long now. He stated he would commence tracking his time spent working on the vehicle and XXXXX took this as an understanding that he would provide some kind of proof of work and hours spent on the car.
7. On the 27th of July 2002, the work on the 1975 Dodge Dart was still not completed and XXXX were not in possession of the vehicle.
John McNeely was stating he needed additional money for Break Line parts before he could complete the car. XXXX called him to find out why. She asked how much the total cost was that he estimated for payment in full for the vehicle. John McNeely stated he wanted an additional $2,500, which would bring the total of the cost of the job to $8,500. XXXX strongly disagreed with this statement and told John McNeely that she was expecting only an additional $1,000 at the most as she had already paid him $6,000. She also stated that she had less than $800 in receipts.
John McNeely's response was that he had to live too and that he had not expected to have to keep track of his expenses. A heated discussion followed and finally XXXX agreed to the following payment terms only because John McNeely was now holding the car as a ransom to get payment for the what he felt was a fair price.
XXXX paid an additional $1,000 on check #217 (not attached waiting for Bank Statements.) with the agreement they an additional $1,000 would be paid at the end of August by check when XXXX was paid.
John McNeely reluctantly agreed to this verbally XXXX, and it was agreed that he would have the car taken to Poor Boys garage so the front end could be electronically realigned and they would complete the inspection on the vehicle when the registration and insurance was provided.
8. On Friday 2nd August, XXXXX dropped off the plates, registration and insurance papers at Poor Boys. The vehicle was outside with no Hood, which was still not complete, and both the engine and the body were covered in Dust. Later that day poor boys refused to run an emissions test stating that they felt the carburetor need to be rebuilt, which had not been the case when John McNeely took possession of the Vehicle in April. The car was towed back to John McNeely residence to have the hood placed on the car.
9. In short on both Friday 2nd of August and Saturday 3rd of August, John McNeely stated that XXXXX would be able to take the vehicle off his premises without payment of an additional $1500 dollars in cash.
10. Arguments preceded and XXXXX sought the assistance of the Industry Borough Police Department who informed her this was a civil matter and they would not be able to provide assistance.
11. Finally under excruciating duress and anguish and against her better judgment, XXXX withdrew the $1500 dollars cash on Saturday August 3rd typed a receipt and went to John McNeelys residence to collect the car with XXXXX
John McNeely refused outright to sign a receipt that indicated payment of Cash Money for $1500 and instead provided a PAYMENT IN FULL receipt only. He refused because he said he did not want to pay tax on the money delivered to him.
A photocopy of the Serial Numbers of 15 $100 dollar bills and a copy of the receipt XXXX attempted to get him to sign is attached. Included is a copy of the receipt provided by John McNeely.
12. xxxx collected the car and it was in terrible condition. The paint job was not finished to a shine and was smeared and had dust all over it. The interior of the engine compartment was covered in Dust. The rear seat was not replaced in the car; the interior of the car was not cleaned at all.
13. In short XXXX feels she was harassed and coerced into paying an amount of money in excess of what was required to complete the job on the 1975 Dodge Dart Sport. XXXX still has less that $800 dollars for recipes for parts for the car, she has paid an additional $600 for parts order on her own credit card
Her vehicle was held for ransom. On several occasions XXXXX was either present at his residence or on the phone when he was not working on the vehicle. There is no justification for documentation to justify the cost. John McNeely is running a business without a license and has not report the $8500 as earned income to the IRS.