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KOZYRA & HARTZ, LLC
75 Eisenhower Parkway
Roseland, New Jersey 07068
973·403"8344
973-403~9652 (Telefacsimile)
Attorneys for Plaintiffs Lisa A. Koch-Fraser and Robe

Plaintiffs, Civil Action

v. VERIFIED COMPLAINT FOR


INJUNCTIVE AND OTHER RELIEF
PETER NASH, ROXANNE NASH and
COOPERSTOWN MONUMENT
COMPANY, INC., and WOLFGANG
HEIMERL, ESQ.,

Defendants.

Plaintiffs LisaA. Koch-Fraser (hereinafter referred to as "Lisa") and Robert W. Fraser

(hereinafter referred to as "Rob ere') (hereinafter jointly referred to as the "Frasers' or

"Plaintiffs"), residing at 30 Woodland Cross, Westwood, New Jersey, by way of Verified

Complaint against the Defendant Peter Nash (hereinafter referred to as "Nash"), Defendant

Cooperstown Monument Company, Inc., (hereinafter referred to as "Cooperstown.Monument''),

Defendant "Roxanne Nash (hereinafter referred to as "Roxanne") (collectively the «Nash

Defendants"), all residing at and/or doing business at 39 Doten Avenue, Saratoga Springs, New

York} and Defendant Wolfgang Heimerl, Esq. (hereinafter «Heimerl"),domg business at 32

Dumont Road, Far Hills, New Jersey (collectively referred to as the "Defendants"), state:
FACTS COMMON TO ALL COUNTS

The Parties

1. Lisa and Robert are individuals who, inter alia, decided to invest in sports

memorabilia to diversify their investment portfolio and at the same time learn about baseball

history.

2. Defendant Nash is an individual who has bought and sold or marketed sports

memorabilia throughout the United States, with a particular expertise in baseball memorabilia.

Defendant Cooperstown Monument is a New York corporation owned and operated by Nash

through which he has bought, sold and marketed interests in sports memorabilia.

3. Defendant Roxanne is the wife of Nash who was identified by Nash as the person

to receive certain sports memorabilia and to benefit from loans as directed by Nash.

4. Defendant Heimerl is an attorney at law licensed to practice in the State of New

Jersey and the State of New York, with an office address at 32 Dumont Road, Far Hills, New

Jersey 07931.

The Nash Loans

5. Lisa and Robert were introduced to Nash and his wife, Roxanne, in the summer

of 1995, at which time Nash told them he was a collector of baseball memorabilia and displayed

to them what he explained were historic pieces that he owned.

6. Nash also had Lisa and Robert shown to a baseball wax museum which he said

that he owned in Cooperstown, New York.

7. Nash explained to Lisa and Robert that he was also a handwriting expert,

especially in knowing rare and old baseball signatures.

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8. Eventually Lisa and Robert became very close personal friends of Roxanne and

Peter.

9. Nash would visit the Frasers when he was in the New Jersey area on business and

would sometimes stay overnight with the Frasers at their home for several days.

10. The Frasers would get together for holidays and birthdays with Nash and Roxanne,

as well as with their parents.

11. The Frasers visited Nash and Roxanne several times at their home in Cooperstown,

New York, and would sometimes spend the night.

12. On July 8, 2005, Defendants Nash and Cooperstown Monument borrowed $8,000

from Lisa and gave the Frasers sports memorabilia as collateral. The money was wired from

Lisa's checking account at Nash's direction to Defendant Cooperstown Monument.

13. The money was to be a short-term loan for 60 days and was to be paid back with

interest. Nash eventually asked the Frasers for many payment extensions beyond the 60-day

maturity date. The Frasers extended the loan due date multiple times and suggested that they be

allowed to sell the collateral, but Nash begged them not to do so.

14. The July 8, 2005 loan was never paid back in accordance with its terms, but was

instead incorporated into a second loan on May 15, 2007 for $12,500.

15. In late February 2007, Nash approached the Frasers with a request to borrow

approximately $50,000 to prevent the foreclosure of the Cooperstown, New York house owned

by Nash and Roxanne.

16. A few days before the scheduled foreclosure sale (March 5, 2007), the Frasers

offered a loan, but Nash declined as the Frasers required that the house be sold to pay them back

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the loans and that Roxanne also sign any loan agreement. Unbeknownst to the Frasers, Nash and

Roxanne had already provided a $425,000 second mortgage on the house to another private

lender, Robert Edward Auctions, LLC ("REA"), and there were tax liens on the property totaling

$108,177 from both the Internal Revenue Service and New York State Department of Taxation.

17. Nash eventually told the Frasers that he had obtained the money to save his house

from foreclosure from his father, RaymondNash, President of Bishop Ford Central Catholic High

School in Brooklyn, New York, who had reportedly borrowed the money from his retirement

funds at the school.

18. Unbeknownst to the Frasers, Raymond Nash, Nash's father, had taken the sum of

$52,551.60 in charitable funds from Bishop Ford Central Catholic High School (referred to as

"Bishop Ford") on March 5, 2007 to make a payment to prevent foreclosure of their home in

Cooperstown, New York.

19. On April 17, 2007, Roxanne (through Nash) was the winning bidder on a baseball

team photograph, the 1868 Brooklyn Atlantics Albumen Photograph, on eBay. The eBay item was

described as an "Early 1870's Booklyn Atlantics Albumen Photograph." Nash told the Frasers

this eBay item was a rare 1868 Albumen Photograph of the Brooklyn Atlantics, one of three

known to exist. [Nash had represented his particular expertise and knowledge about Brooklyn

baseball teams and memorabilia.] Neither Roxanne nor Nash had the money to pay the seller for

the item.

20. Nash called the Frasers to borrow additional money from them to buy the

photograph.

21. Robert said "no" to Nash because "you haven't paid Lisa back for the previous

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loan" given in July 2005.

22. On May 3,2007, Nash sent the Frasers an email making an offer to pay back the

previous $8,000 loan with interest, and to include a share of the profit from the purchase and

resale of the Brooklyn Atlantics Albumen Photograph for $15,000, which would be paid by

August 15,2007. (See a true copy of the May 3,2007 email attached hereto as Exhibit A). The

offer was turned down by the Frasers.

23. Nash was persistent and eventually made the Frasers another proposal. Nash told

the Frasers of his plan to have the Brooklyn Atlantics Albumen Photograph restored and then to

sell it for $50,000. Nash told the Frasers, "You pay for it and we will split the profits 50/50."

Knowing of Nash's active involvement in the acquisition and sale of Brooklyn baseball

memorabilia, the Frasers agreed believing that this new deal would get their original loan repaid.

(See a true copy of the May 15,2007 agreement attached hereto as Exhibit B).

24. The Frasers purchased the Brooklyn Atlantics Albumen Photograph for $1,228.67

by credit card and the item was delivered to Roxanne.

25. Nash agreed with the Frasers to the resale of the Brooklyn Atlantics Albumen

Photograph by May 15, 2008. To date, Nash has not sold the item or repaid the Frasers.

26. At the same time, in 2007, Nash and Roxanne were renting a house at 4 East

Ridge, Saratoga Springs, New York. While negotiating the loan for the Brooklyn Atlantics

Albumen Photograph, Nash told the Frasers the rent was late and the landlord was going to evict

Nash and his family.

27. Nash asked the Frasers for a loan to pay the rent. Robert told Nash "no" as "you

haven't paid Lisa back for the previous loan!" Nash told the Frasers he could guarantee their

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money to be paid back with interest by providing the remainder of the baseball memorabilia he

owned and still had in his possession as collateral.

28. On May 8,2007, Nash faxed a list of baseball memorabilia to the Frasers, which

he proposed as collateral for their loans.

29. On May 10, 2007, Nash delivered to the Frasers a group of baseball memorabilia

as collateral. (See Exhibit B) Unbeknownst to the Frasers, most of the memorabilia was either

not authentic or not worth the values represented by Nash.

30. On May 11,2007, Lisa sent an additional loan as a bank wire in the amount of

$11,000 to Nash's landlord, Linda Coseo.

31. On or about May 26,2007, the Frasers took a trip to Cooperstown, New York and

visited Nash at his unopened "museum" which he called "McGreevy's Third Base Saloon," a

closed down gas station. In the "museum", Nash had additional memorabilia that he was

supposed to have given as collateral to the Frasers. Nash embarrassedly apologized that he

"forgot" that he owned the memorabilia and then offered the items to the Frasers which were set

forth on lists from Nash (See Exhibits C and D). Unbeknownst to the Frasers, most of the

memorabilia was either not authentic or not worth the values represented by Nash.

32. By way of example, Nash gave the Frasers a fake team photo of the 1902-03

Pittsburgh Pirates with Honus Wagner, representing it to be original and worth $2,000 to $3,000,

two fake 1889 NY Giants cabinet card photos, which Nash represented were originals and worth

$5,000 each, and an A. G. Spalding signature that Nash valued at $2,000 to $3,000, which was

rejected for authenticity by two renowned authenticating companies.

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33. Nash delivered to the Frasers a rare book entitled "Boston Baseball Club 1871-

1897" with the other memorabilia to secure the Frasers' loans. Nash represented that the book

was worth $2,500. On August 11, 2009, A. Raymond Quinn sent Robert a notarized letter

advising that he had loaned Nash the book, which Nash in turn had given to the Frasers as

collateral without authority. (See Exhibit E). (The Frasers want to return the book to Mr. Quinn

but need a Court Order to do so.)

The Bruce Garland Collection

34. Bruce Garland is a New Jersey resident who was the owner of the 1912 Boston

Red Sox World Series Trophy and other 1912 World Series photographs and memorabilia,

collectively referred to herein as the "Bruce Garland Collection." (See Exhibit F).

35. Nash introduced the Frasers to the Bruce Garland Collection which he represented

was for sale. Nash told the Frasers that the Bruce Garland Collection, and especially the 1912

Boston Red Sox World Series Trophy, were unique and of substantial value if marketed properly

by him. Nash told the Frasers he could minimize what they might pay for the Bruce Garland

Collection and thus maximize the return on their investment (Nash was putting no money into the

transaction) ifhe was to act as their agent.

36. Nash's total compensation for brokering the deal between Bruce Garland and the

Frasers was to be a percentage of the potential profits from the eventual sale of the collection.

37. On May 15, 2007, an agreement was signed by Nash and the Frasers confirming

all previous loans and agreements between the Frasers and Nash, including the Frasers' purchase

of the Bruce Garland Collection. (See Exhibit B). At that time, Nash owed the Frasers a total

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of $29,746.27, plus other fees or costs that might apply in the future such as interest and legal

fees.

38. Pursuant to the May 15, 2007 agreement, Nash was going to act as the Frasers'

agent and deliver the payment to Mr. Garland in exchange for a sale of the Bruce Garland

Collection to the Frasers. The Frasers also required Nash to negotiate for inclusion of some

additional 1912 photographs as part of the $55,000 payment.

39. Thereafter, Nash and Robert went to Lisa's bank to obtain a $55,000 bank check

dated May 15, 2007 made out to Bruce Garland. (See a true copy of Haven Savings Bank check

dated May 15,2007 attached hereto as Exhibit G). The check was given to Nash to pay for the

Bruce Garland Collection including the 1912 Red Sox World Series Trophy all which were

located at Mr. Garland's residence in Stone Harbor, New Jersey.

40. The Frasers subsequently learned from Mr. Garland that Nash entered into a

fraudulent sale agreement with Mr. Garland, identifying Nash as the sole purchaser ofthe Bruce

Garland Collection including the 1912 Red Sox World Series Trophy without any reference to

or mention to Mr. Garland of the true purchasers and owners, the Frasers. The Frasers also

learned later that Mr. Garland had included the additional 1912 photographs in the purchase price

which they had requested. Nash did not inform the Frasers that he had secured the additional

photographs.

41. Nash told the Frasers he had friends and connections at the highest levels in the

Boston Red Sox organization.

42. Nash offered to arrange a meeting with the Boston Red Sox organization because

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he claimed there was an interest in acquiring the 1912 Red Sox World Series Trophy and other

memorabilia from the Bruce Garland Collection.

43. The Frasers were excited in fmding out about the interest of the Boston Red Sox

organization in the Bruce Garland Collection including the 1912 Red Sox World Series Trophy

and looked forward to the meeting.

44. On May 28,2007, Robert drove from New Jersey with the 1912 Red Sox World

Series Trophy to Nash's New York home en route to Fenway Park to show the Boston Red Sox

organization the 1912 Red Sox World Series Trophy and other memorabilia from the Bruce

Garland Collection.

45. On arrival in Boston, Nash suddenly announced that he needed to meet with the

Boston Red Sox organization alone to discuss business issues, and that Robert should wait in the

car.

46. About 1Yz hours later, Nash returned from the meeting and told Robert the Boston

Red Sox organization was very interested in the 1912 Red Sox World Series Trophy. Nash said

they wanted to know what the asking price would be for the Trophy.

47. Nash told Robert he had refused to give the Boston Red Sox organization a sale

price for the 1912 Red Sox World Series Trophy because he wanted them to make a first offer as

this was the best way to get the Frasers the most money.

48. On May 30,2007, while they were driving back from Boston, Nash asked Robert

for changes to the May 15, 2007 agreement with the Frasers. Nash talked about his many fmancial

problems and said he needed money right away and wanted to be bought out of his contingent

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interest in the 1912 Red Sox World Series Trophy and the Bruce Garland Collection. Nash said

he wanted to be paid an immediate finders fee for brokering the acquisition of the 1912 Red Sox

World Series Trophy and the Bruce Garland Collection, instead of a future finder's fee based on

a percentage ofthe potential profits. If agreed, the Frasers would owe nothing else to Nash in the

future.

49. On June 4, 2007, Nash agreed to accept a $19,000 finders fee in lieu of any other

present or future interest in the 1912 Red Sox World Series Trophy and the Bruce Garland

Collection.

50. On June 4,2007, Nash went to the Frasers' home. Lisa gave Nash $500 in cash

and a check for $18,500.

51. Before Lisa wrote out the check to Nash, the Frasers and Nash discussed preparing

a rider to the May 15, 2007 agreement to reflect the change as made. Nash told the Frasers he was

in a "super rush" to get back because it was a 3'i2 hour ride home and he needed to go grocery

shopping for his family. Nash suggested the Frasers could prepare a rider to the May 15, 2007

agreement which he would sign in the future. The Frasers compromised and said they would put

something in writing on the check to make it a legal transfer of his interest to which Nash agreed.

Lisa wrote "full payment of 1912 World Series Trophy Boston Red Sox" in the memo area of the

check. Nash accepted the wording and later cashed the check.

52. Upon payment of the $19,000 to Nash, the Frasers satisfied all claims of Nash to

the Bruce Garland Collection and the 1912 Red Sox World Series Trophy.

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Heimerl's Knowledge of Nash's Financial Issues

53. In or about December 12,2007, Nash acknowledged at a deposition in the presence

of Defendant Heimerl in another case (Nash v. Robert Edward Auctions, LLC, Somerset County,

Law Division (Docket No. L-1039-07)) that he still owed Robert Edward Auctions, LLC in the

range of $500,000.

54. In or about February 27, 2008, at a deposition in the presence of Defendant

Heimerl, Nash asserted his Fifth Amendment privilege against self-incrimination dozens of times

to multiple questions regarding his acquisition and the authenticity of sports memorabilia pledged

as security to Robert Edward Auctions, LLC.

55. Unbeknownst to the Frasers, in or about March 2008, Bishop Ford in Brooklyn,

New York, and John B. Casey, Chief Financial Officer of Bishop Ford, discovered that Raymond

Nash, Nash's father, had taken the sum of$52,551.60 in charitable funds from Bishop Ford the

year before to prevent foreclosure of Nash and Roxanne's home in Cooperstown, New York.

56. Unbeknownst to the Frasers, in or about March 2008, Defendant Heimerl assisted

in arranging for a "loan" from Alfred A. Angelo to Raymond Nash and Peter Nash (in which

Defendant Heimerl represented both the Nashes (Peter and Raymond) and Mr. Angelo) secured

by sports memorabilia which Nash claimed had a value of over $100,000.

57. Unbeknownst to the Frasers, in or about March 20,2008, Raymond Nash and Peter

Nash sought and received through the services of Defendant Heimerl a private loan of$5 3,000.00

from Mr. Angelo, to cover and replace the $52,551.60 in charitable funds taken without prior

authorization of Bishop Ford.

58. Unbeknownst to the Frasers, Nash made a list of collateral items attached to a

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Security Agreement given to secure the March 20, 2008 promissory note to Mr. Angelo which

included items from the Bruce Garland Collection as if Nash owned them. Nash had failed to

deliver these items to the Frasers when the Bruce Garland Collection was purchased by the

Frasers. The list indicated that some of the collateral was being held by Defendant Heimerl's law

firm. Among the listed items were the following: an original 1912 World Series photograph of

Fenway Park, an original photograph by Van Oyen of Royal Rooters at the 1912 World Series and

a 1912 World Series photograph of Jake Stahl. All of these items were part of the Bruce Garland

Collection which Nash withheld from the Frasers.

59. Nash also gave Mr. Angelo as collateral the 1868 Albumen Photo of Brooklyn

Atlantics, paid for by the Frasers, which Nash was to sell by May 15,2008.

60. Robert called Mr. Angelo in December 2009 and informed him that these four

items were property of the Frasers and were used and delivered without permission by Nash as

collateral against the Angelo loan. Mr. Angelo told Robert that his previous attorney, Defendant

Heimerl, had refused to turn over the collateral to Mr. Angelo without a court order. (All of the

items should be delivered to the Frasers.)

Interference With The Frasers' Ownership Of The 1912 Red Sox World Series Trophy

61. In or about January, 2008, Nash contacted Robert to say the Boston Red Sox

organization had no interest in the 1912 Red Sox World Series Trophy, but that he and others

might be interested in buying the 1912 Red Sox World Series Trophy for a sports bar in which

he was to be a partner.

62. Over the next few months, Nash pressed the Frasers to sell the 1912 Red Sox

World Series Trophy to him and his partners for $150,000. The Frasers refused to sell the 1912

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Red Sox World Series Trophy feeling it was worth a lot more.

63. On April 11,2008, Nash again called Robert asking the Frasers to sell the 1912

Red Sox World Series Trophy to Nash and his partners in the sports bar, called McGreevy's Third

Base Saloon ("McGreevy's") in Boston, Massachusetts. The sale was to include an original

photograph of the Trophy surrounded by the 1912 team. Nash had always told Robert the original

photograph belonged with the Trophy to enhance its value.

64. Nash told Robert that he had put up no money for his interest in McGreevy's, but

had promised his partners to deliver valuable baseball memorabilia to display with the principal

baseball artifact being the 1912 Red Sox World Series Trophy.

65. Nash eventually explained to Robert that he had lied to his partners in McGreevy's

by claiming that he owned 50% of the 1912 Red Sox World Series Trophy. Nash told Robert that

the 1912 Red Sox World Series Trophy would be McGreevy's main attraction for marketing

purposes. Nash said the 1912 Red Sox World Series Trophy would be McGreevy's "Crown

Jewel."

66. Nash told Robert that he was worried that his partners would sue or remove him

for lying to them about his ownership of the 1912 Red Sox World Series Trophy and his inability

to put the item on display.

67. When Nash again demanded that the Frasers sell him the 1912 Red Sox World

Series Trophy, Robert refused saying, "That's not my problem, you shouldn't have lied to them."

68. On April 21, 2008, Nash called Robert and again pressed the Frasers to sell him

the 1912 Red Sox World Series Trophy. Nash tried to convince Robert to sell by stating that

Nash's own written appraisal of the 1912 Red Sox World Series Trophy that he had given the

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Frasers was high (Nash had provided a formal written appraisal valuing the Trophy at between

$200,000 and $250,000).

69. Nash told Robert that the Frasers would make a "great profit" by selling the 1912

Red Sox World Series Trophy to him, as he would pay the most because he needed to have it for

McGreevy's.

70. Robert told Nash that he and Lisa had decided to put the 1912 Red Sox World

Series Trophy up for auction to obtain the best price possible.

71. Nash became extremely angry and threatened Robert, saying that if the 1912 Red

Sox World Series Trophy were not sold to him he would "send somebody to break your legs".

(The threat was reported to law enforcement authorities.) Nash went on to state, "If you put the

[1912 Red Sox World Series] Trophy up for auction, I will interfere with the sale."

72. In or about May 2008, the Frasers consigned the 1912 Red Sox World Series

Trophy to Guernsey's auction house, in New York City. The auction of the Trophy was to include

the original photograph of the 1912 Red Sox World Series Trophy with the Mayor of Boston,

John Francis "Honey Fitz" Fitzgerald (grandfather of President John F. Kennedy) surrounded by

the 1912 team.

73. Guernsey's auction house was successful in arranging to have the auction take

place at Boston's Fenway Park, one of America's oldest sports stadiums. The auction was to be

a one lot auction, and was planned to be held when the New York Yankees were to play the

Boston Red Sox (one ofthe greatest rivalries in baseball) at the end of July, 2008. The presence

and timing of the auction was planned to attract the most potential bidders and secure the highest

pnce.

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74. On May 22,2008, Guernsey's auction house delivered the 1912 Red Sox World

Series Trophy and the original vintage photograph of the Trophy to Fenway Park. Both were

displayed at the Boston Red Sox restaurant at Fenway Park and received widespread public

recognition and attention.

75. On May 29, 2008, Nash sent a letter from Defendant Heimerl's telefacsimile

machine to Arlan Ettinger, President of Guernsey's auction house, stating that Nash was "the

original purchaser" of the 1912 Red Sox World Series Trophy and that he retained "ownership

rights pursuant to a written agreement between me and the Frasers." (See a true copy ofthe May

29,2008 letter attached hereto as Exhibit H).

76. The telefacsimile went on to state that the Frasers had no permission to consign

"these items" to the auction and further claimed that "other items of my property, which the

Fraser's (sic) have no ownership in whatsoever" also appear on the Guernsey's auction house

website as if part of the same sale. Nash warned that a letter from Defendant Heimerl would

follow, as well as action to protect his interests. It ended with a demand to Guernsey's auction

house to withdraw all items from any planned auction.

77. On May 30,2008, Arlan Ettinger wrote to and faxed Nash at Defendant Heimerl's

law office address and asked for a copy of the "written agreement" referenced in the Nash

telefacsimile. There was no response from Nash or Defendant Heimerl.

78. On June 2, 2008, Arlan Ettinger wrote to Defendant Heimerl asking for a response

to his earlier letter and fax to Nash. There was no response from Nash or Defendant Heimerl.

79. On June 3, 2008, Arlan Ettinger again wrote to Defendant Heimerl asking for a

response to prior letters and faxes to Nash at Defendant Heimerl's law office address. Mr. Ettinger

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also explained that the auction he was planning to conduct was limited to the 1912 Red Sox

World Series Trophy and the original vintage photograph of the Trophy. The other items which

Nash had referenced and seen on the Guernsey's auction house website were not to be part of the

planned auction. There was no response from Nash or Defendant Heimerl.

80. Instead of Nash or Defendant Heimerl producing the "written agreement"

referenced in the letter to Arlan Ettinger, on June 3, 2008, Nash contacted the Boston Red Sox

organization directly and told them he was a 45% owner of the 1912 Red Sox World Series

Trophy and had not given the Frasers or Guernsey's auction house permission to sell the Trophy.

Nash further threatened legal action if Guernsey's auction house attempted to hold the auction at

Fenway Park.

81. After Nash's contact with the Boston Red Sox organization, Arlan Ettinger

received a telephone call advising him what Nash had said. He was told that because of Nash's

claims, the Boston Red Sox organization had no choice but to cancel the auction and to have the

1912 Red Sox World Series Trophy and photograph immediately removed from Fenway Park.

82. On June 4, 2008, Arlan Ettinger went to Boston to remove the 1912 Red Sox

World Series Trophy from Fenway Park.

83. On June 4, 2008, Defendant Heimerl called Arlan Ettinger for the first time and

stated that while Nash did not have an "ownership interest" in the 1912 Red Sox World Series

Trophy he did have another type of interest in the 1912 Red Sox World Series Trophy.

84. On June 10, 2008, Defendant Heimerl wrote to Guernsey's auction house and

represented that Nash had a continued ownership interest in the 1912 Red Sox World Series

Trophy and that an $18,000 (sic) payment to Nash by the Frasers was a "loan," and not in full

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payment for Nash's services on behalf of the Frasers or for his interest in the 1912 Red Sox World

Series Trophy. Defendant Heimerl went on to suggest that the notation on the check which Nash

had accepted from the Frasers was somehow overridden by two cryptic emails from Nash to the

Frasers providing additional collateral for earlier and still outstanding loans given by the Frasers

to Nash - even though neither ofthe emails made any reference to the 1912 Red Sox World Series

Trophy itself or to the Bruce Garland Collection. In an attempt to further intimidate and impugn

Robert's integrity, Nash and his counsel, Defendant Heimerl, expressly referenced a prior criminal

conviction and real estate license revocation of Robert - neither of which had anything to do with

Nash, sports memorabilia or a similar set of facts. Nash, through Defendant Heimerl, continued

to insist on an entitlement to a "participation" in the sale of the 1912 Red Sox World Series

Trophy even offering to conduct the sale at McGreevy's. (See a true copy of the June 10,2008

letter attached hereto as Exhibit I).

85. In or about June, 2008, Robert spoke to Bruce Garland, who was totally unaware

that the Frasers had been the true purchasers of the Bruce Garland Collection including the 1912

Red Sox World Series Trophy and that Nash had only been acting as the Frasers' agent.

86. On June 18, 2008, Nash through Defendant Heimerl wrote to the Frasers' attorney

under the guise of making a "settlement offer" continuing to insist on either a participation fee

from the Frasers from the sale of the 1912 Red Sox World Series Trophy or the extinguishment

of other loans due from Nash and Roxanne to the Frasers when there was no entitlement to any

consideration from such a sale as a matter of fact and law.

87. On September 26, 2008, counsel for Guernsey's auction house wrote to Nash

through Defendant Heimerl and indicated his clients' intention to sell the 1912 Red Sox World

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Series Trophy at Madison Square Garden on October 18,2008. He advised that the prior Nash

and Heimerl actions seeking to assert a "vague claim" had already caused the Frasers damages

and that any further assertions would be met with an action for damages, punitive damages and

counsel fees and costs.

88. On October 3,2008, Nash and Defendant Heimerl reiterated that Nash had an

entitlement to the net proceeds from the sale of the 1912 Red Sox World Series Trophy. The letter

further threatened that if an agreement was not "in place" by October 8, 2008 allowing for the

distribution of the net proceeds to include Nash as previously (and again) directed, or holding

same in escrow pending an agreement between Nash and the Frasers, an Order to Show Cause,

to halt the sale or hold the proceeds in escrow would be filed.

89. When such acknowledgment and satisfaction of Nash's claims was not

forthcoming, Nash and Defendant Heimerl wrote to the Frasers' counsel on October 15,2008,

requiring an acceptance of the demands made in the letters to counsel for Guernsey's auction

house as well as indicating that the release of collateral for previously unpaid loans be included

in the so-called "settlement". The letter stated that failure to accept the demands of Nash and

Defendant Heimerl by 3:00 PM would result in the filing of an ex parte application for an Order

to Show Cause. No legal action was filed by Nash or Defendant Heimerl.

90. On October 18, 2008, Nash through Defendant Heimerl issued an electronic

communication to counsel for Guernsey's auction house again demanding that the Frasers and

Guernsey's auction house accept the terms and conditions of the earlier letters and threatening

legal action for failure to comply. No legal action was filed by Nash or Defendant Heimerl.

91. On October 22,2008, Nash and Defendant Heimerl issued a letter to counsel for

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Guernsey's auction hosue indicating that Nash did not consent to any private sale of the 1912 Red

Sox World Series Trophy or any such sale for less than $190,000. The letter also promised that

Nash was commencing a legal action in New Jersey for a declaratory judgment as to his

entitlement to an interest in the proceeds from the sale of the 1912 Red Sox World Series Trophy,

to prevent its sale entirely or to have the sale proceeds placed in escrow. The letter requested that

counsel for Guernsey's auction house confirm the return of the 1912 Red Sox World Series

Trophy to the Frasers to avoid being made a defendant in the promised litigation. (See a true copy

of the October 22,2008 letter attached hereto as Exhibit J). No lawsuit was ever filed by Nash

or Defendant Heimerl against the Frasers.

92. The litigation threats by Nash and Defendant Heimerl to the Frasers and their

representatives have clouded the Frasers' title to and prevented the unfettered sale of the Bruce

Garland Collection including the 1912 Red Sox World Series Trophy. These wrongful actions

have damaged the Frasers and increased the expense of the Frasers' past efforts to sell the Bruce

Garland Collection including the 1912 Red Sox World Series Trophy, and have chilled and

interfered with and continue to chill and interfere with the Frasers' attempts to market and sell

both.

93. On February 5,2009, a Consent Order and Stipulation of Settlement was signed

by Nash through Defendant Heimerl and entered by the Honorable Yolanda Ciccone, A.J.S.c.,

in favor of Robert Lifson and REA wherein the parties expressly agreed, among other things, that

a judgment for fraud be entered against Nash and Cooperstown in the amount of $760,227.08

(emphasis supplied).

94. In or about May 11, 2009, Nash through Defendant Heimerl provided

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answers to discovery in the REA Litigation in which Nash again alleged ownership of items in

the Bruce Garland Collection, including the 1912 Red Sox World Series Trophy.

95. On or about June 15,2009, Nash acknowledged at a deposition in the presence of

Defendant Heimerl in another case (Nash v. Robert Edward Auctions, LLC, Somerset County,

Law Division (Docket No. L-1039-07)) that the Frasers had purchased the 1912 Red Sox World

Series Trophy and the other memorabilia from the Bruce Garland Collection for $55,000.

96. Since in or about December 12, 2007, Defendant Heimerl knew and Nash

acknowledged that he owed one creditor, REA, in the range of $500,000.00.

97. In or about early 20 10, Robert received a call from a creditor ofN ash, who wanted

to know where Nash lived because another creditor, who was a relative, needed Nash's address

to serve legal papers to collect a debt. Robert spoke with this creditor on a few different occasions

and learned that Nash borrowed money by telling the relative that Nash owned the 1912 Red Sox

World Series Trophy and provided a sworn certification to the relative along with a copy of the

fraudulent sale agreement Nash had signed with Bruce Garland.

98. Since in or about March 2008, Defendant Heimerl has known or should have

known that Nash was in such desperate fmancial circumstances that his house had been in

foreclosure in March 2007 and that his father, Raymond Nash, had taken the sum of$52,551.60

in charitable funds from Bishop Ford on March 5, 2007 to prevent foreclosure of Nash and

Roxanne's home in Cooperstown, New York.

99. Since at least February 5, 2009, Defendant Heimerl has known or should have

known that Nash has engaged in fraudulent conduct with respect to the acquisition and disposition

of sports memorabilia and has made unsubstantiated and unproven claims as to ownership and

-20-
title to sports memorabilia or to the existence of documents which support his claims to

ownership and title to sports memorabilia without producing same all of which have interfered

or attempted to interfere with the rightful and legal ownership and disposition of sports

memorabilia by innocent parties.

100. Neither Nash nor Defendant Heimerl have retracted in writing or otherwise the

claims inter alia that (1) there was a "written agreement" or any other document giving Nash an

ownership interest in the 1912 Red Sox World Series Trophy or the Bruce Garland Collection,

(2) Nash has an interest in the proceeds from any sale of the 1912 Red Sox World Series Trophy

or the Bruce Garland Collection, (3) Nash has a right to direct or control the sale of the 1912 Red

Sox World Series Trophy or the Bruce Garland Collection, or (4) Nash has a right to direct or

control the disposition of proceeds from the sale of the 1912 Red Sox World Series Trophy or the

Bruce Garland Collection.

101. The Frasers seek to immediately market and sell the Bruce Garland Collection

including the 1912 Red Sox World Series Trophy. Auction houses have communicated with the

Frasers showing an interest in the 1912 Red Sox World Series Trophy and the Bruce Garland

Collection but have declined to be involved after being made aware of Nash's claims. Those

marketing and sales efforts by the Frasers will take a substantial commitment of time, effort and

money in order for the Frasers to maximize the return on their investment, all of which are at

actual risk of interference by Nash, Defendant Heimerl and/or their agents, representatives,

servants or employees including but not limited to Roxanne and Cooperstown, or other family

members or friends. The Frasers need an Order of the Court granting them "clean title" to the

Bruce Garland Collection and the 1912 Red Sox World Series Trophy so as to end the slander of

-21-
title which has been perpetrated.

FIRST COUNT
(Declaratory Judgment)

102. Plaintiffs repeat the allegations contained in the paragraphs set forth above as if

set forth herein.

103. The Frasers obtained valid legal title and interest to the Bruce Garland Collection,

including the 1912 Red Sox World Series Trophy, pursuant to the May 15, 2007 agreement and

corresponding payments by the Frasers to Nash.

104. The Frasers are entitled to sell or otherwise transfer title to the Bruce Garland

Collection, including the 1912 Red Sox World Series Trophy, directly or indirectly to third parties

without interference from the Defendants.

105. The Defendants have previously interfered with the Frasers' attempts to sell the

Bruce Garland Collection, including the 1912 Red Sox World Series Trophy, including but not

limited to the Frasers' opportunity to sell the Trophy during July 2008 at Fenway Park at a Red

Sox/Y ankees game. The Defendants' actions have diminished and continue to affect the value of

the Bruce Garland Collection, including the 1912 Red Sox World Series Trophy.

106. The Defendants have caused the Frasers to suffer damages.

WHEREFORE, Plaintiffs Lisa A. Koch-Fraser and Robert W. Fraser, demand judgment

against Defendants Peter Nash, Roxanne Nash, Cooperstown Monument Company, Inc. and

Wolfgang Heimerl, Esq., as follows: (a) declaring that Plaintiffs have exclusive, valid legal title

to the Bruce Garland Collection, including the 1912 Red Sox World Series Trophy; (b) issuing

a preliminary injunction restraining and enjoining the Defendants from interfering with the

-22-
Plaintiffs' efforts to sell the Bruce Garland Collection and the 1912 Red Sox World Series Trophy

including but not limited to their asserting any legal or equitable ownership in the Trophy to third

parties; (c) for attorney's fees and costs; and (d) for such other relief as is equitable and just.

SECOND COUNT
(Interference With Contractual Relations)

107. Plaintiffs repeat the allegations contained in the paragraphs set forth above as if

set forth at length herein.

108. Plaintiffs had entered into a contract with Guernsey's auction house for the sale

of the 1912 Red Sox World Series Trophy.

109. Defendants have intentionally interfered with the Plaintiff's ability to sell the 1912

Red Sox World Series Trophy through Guernsey's auction house.

110. Defendants actions are willful, intentional, malicious, negligent, unlawful and

carried out in reckless disregard of Plaintiffs' rights and interests.

111. As a direct and proximate result of Defendants' actions, Plaintiffs have suffered

damages.

WHEREFORE, Plaintiffs Lisa A. Koch-Fraser and Robert W. Fraser, demand judgment

against Defendants Peter Nash, Roxanne Nash, Cooperstown Monument Company, Inc. and

Wolfgang Heimerl, Esq., as follows: a) actual and consequential damages; b) punitive damages;

c) attorney's fees and costs; d) lawful interest and costs of suit; and e) such other relief as the

Court deems just and equitable.

THIRD COUNT
(Interference With Prospective Economic Advantage)

112. Plaintiffs repeat the allegations contained in the paragraphs set forth above as if

-23-
set forth at length herein.

113. The Frasers have a right to sell the Bruce Garland Collection, including the 1912

Red Sox World Series Trophy and have a reasonable expectation of deriving an economic benefit

therefrom.

114. But for the Defendants' wrongful interference, the Frasers would have previously

sold the 1912 Red Sox World Series Trophy or other items in the Bruce Garland Collection and

would have received the anticipated economic advantage and benefit.

115. The Defendants actions were willful, intentional, malicious, negligent, unlawful

and carried out in reckless disregard of the Frasers' rights and interests.

116. As a direct and proximate result of the Defendants' actions, the Frasers have

suffered damages.

WHEREFORE, Plaintiffs Lisa A. Koch-Fraser and Robert W. Fraser, demand judgment

against Defendants Peter Nash, Roxanne Nash, Cooperstown Monument Company, Inc. and

Wolfgang Heimerl, Esq., as follows: a) actual and consequential damages; b) punitive damages;

c) attorney's fees and costs; d) lawful interest and costs of suit; and e) such other relief as the

Court deems just and equitable.

FOURTH COUNT
(Breach of Contract)

117. Plaintiffs repeat the allegations contained in the paragraphs set forth above as if

set forth at length herein.

118. The Nash Defendants agreed to pay Plaintiffs the monies loaned or advanced in

accordance with the terms of the agreements between the parties.

-24-
119. The Frasers have demanded that the Nash Defendants repay all monies loaned or

advanced.

120. The Nash Defendants have breached the terms ofthe agreements with the Frasers

by failing to repay the monies loaned or advanced by the Frasers.

121. The Frasers have suffered damages as a result of the breach of contract by the Nash

Defendants.

WHEREFORE, Plaintiffs Lisa A. Koch-Fraser and Robert W. Fraser, demandjudgment

against Defendants Peter Nash and Roxanne Nash, as follows: a) actual and consequential

damages; b) attorney's fees and costs; c) lawful interest and costs of suit; and d) such other relief

as the Court deems just and equitable.

FIFTH COUNT
(Breach of Implied Covenant of Good Faith and Fair Dealing)

122. Plaintiffs repeat the allegations contained in the paragraphs set forth above as if

set forth at length herein.

123. The intentional, willful, malicious and otherwise negligent acts and omissions of

the Nash Defendants have materially violated the terms of the agreements between the parties and

constitute a breach of the implied covenant of good faith and fair dealing.

124. As a result of the Nash Defendants' breach of the implied covenant of good faith

and fair dealing as mentioned above, the Frasers have suffered and will suffer damages.

WHEREFORE, Plaintiffs Lisa A. Koch-Fraser and Robert W. Fraser, demand judgment

against Defendants Peter Nash and Roxanne Nash, as follows: a) actual and consequential

damages; b) punitive damages; c) attorney's fees and costs; d) lawful interest and costs of suit;

-25-
and e) such other relief as the Court deems just and equitable.

SIXTH COUNT
(Unjust Enrichment)

125. Plaintiffs repeat the allegations contained in the paragraphs set forth above as if

set forth at length herein.

126. The Nash Defendants have been unjustly enriched by failing to repay the Frasers

the monies due and owing under the loans and advances given and by accepting payments in

exchange for any interest or claim that they may have had in the Bruce Garland Collection,

including the 1912 Red Sox World Series Trophy, while continuing to claim an interest in the

Trophy.

WHEREFORE, Plaintiffs Lisa A. Koch-Fraser and Robert W. Fraser, demand judgment

against Defendants Peter Nash and Roxanne Nash, as follows: a) actual and consequential

damages; b) punitive damages; c) attorney's fees and costs; d) lawful interest and costs of suit;

and e) such other relief as the Court deems just and equitable.

SEVENTH COUNT
(Fraud/lntentional Misrepresentation)

127. Plaintiffs repeat the allegations set forth in the contained in the paragraphs set forth

above as if set forth at length herein.

128. The Defendants repeatedly represented to Guernsey's Auctions that Defendant

Nash had an ownership interest in the 1912 Red Sox World Series Trophy or that the Frasers

otherwise somehow had less than full legal title to the item.

129. The Defendants represented to the Boston Red Sox organization that Defendant

Nash had an ownership interest in the 1912 Red Sox World Series Trophy or that the Frasers

-26-
otherwise somehow had less than full legal title to the item.

130. At the time Defendants made these representations, they knew that the Frasers had

full and complete legal title to the Bruce Garland Collection including the 1912 Red Sox World

Series Trophy and that the representation made was false.

131. Nash purposefully and intentionally deceived the Frasers by making material

misrepresentations and/or concealing material facts regarding the authenticity and/or ownership

of collateral given to the Frasers to secure loans.

132. The Nash Defendants represented that they would repay the Frasers the monies

invested, plus interest, pursuant to the agreements between the parties.

133. At the time Defendants made these representations, Nash had no intention of

repaying Plaintiffs the monies due and owing.

134. The actions taken and the representations made by the Defendants were done with

the intent to deceive Plaintiffs and with the intent that Plaintiffs and/or others would rely on the

false representations and continue to loan monies to Nash and Roxanne.

135. The Frasers reasonably relied on the false representations of Defendants.

136. The fraudulent and false representations made by the Defendants were material.

137. The Frasers have suffered damages as a result of the Defendants' intentional fraud

and misrepresentations.

WHEREFORE, Plaintiffs Lisa A. Koch-Fraser and Robert W. Fraser, demand judgment

against Defendants, Peter Nash, Roxanne Nash, Cooperstown Monument Company, Inc. and

Wolfgang Heimerl, Esq., as follows: a) actual and consequential damages; b) punitive damages;

c) attorney's fees and costs; d) lawful interest and costs of suit; and e) such other relief as the

-27-
Court deems just and equitable.

EIGHTH COUNT
(Negligent Misrepresentation)

138. Plaintiffs repeats the allegations contained in the paragraphs set forth above as if

set forth at length herein.

139. Defendants negligently provided wrong information to Guernsey's auction house

and the Boston Red Sox organization concerning the Frasers' right to sell the 1912 Red Sox

World Series Trophy.

140. The negligent representations made by Defendants were material.

141. The Frasers have suffered damages as a result of Defendants' negligent

misrepresentations.

WHEREFORE, Plaintiffs Lisa A. Koch-Fraser and Robert W. Fraser, demand judgment

against Defendants, Peter Nash, Roxanne Nash, Cooperstown Monument Company, Inc. and

Wolfgang Heimerl, Esq., as follows: a) actual and consequential damages; b) punitive damages;

c) attorney's fees and costs; d) lawful interest and costs of suit; and e) such other relief as the

Court deems just and equitable.

NINTH COUNT
(Attorney Malpractice)

142. Plaintiffs repeat the allegations contained in the paragraphs set forth above as if

set forth at length herein.

143. At all times relevant, Defendant Heimerl knew, or should have known, that the

Frasers had full legal title to the Bruce Garland Collection and the 1912 Red Sox World Series

Trophy. At all times relevant, Defendant Heimerl knew, or should have known, that Nash and

-28-
Roxanne were experiencing significant financial difficulties.

144. Defendant Heimerl was negligent in not recognizing the Frasers' valid legal

interest in the property and in knowing that others would rely, and did in fact rely, on his and his

clients' repeated and wrong representations regarding the title to the Bruce Garland Collection

and the 1912 Red Sox World Series Trophy and other matters.

145. Defendant Heimerl breached the ordinary attorney's standard of care as well as the

Rules of Professional Conduct by misrepresenting that his clients had an interest in the Bruce

Garland Collection and the 1912 Red Sox World Series Trophy and by failing to address his

clients' false statements regarding the Frasers' title to the Bruce Garland Collection and the 1912

Red Sox World Series Trophy.

146. Defendant Heimerl has caused and continues to cause damages, including

impairing and interfering with the Frasers' ability to sell items from the Bruce Garland Collection

including the 1912 Red Sox World Series Trophy.

147. Defendant Heimerl's conduct has caused and continues to cause the Frasers to

suffer damages.

WHEREFORE, Plaintiffs Lisa A. Koch-Fraser and Robert W. Fraser, demandjudgment

against Defendant, Wolfgang Heimerl, Esq., as follows: a) consequential damages; b) punitive

damages; c) attorney's fees and costs; d) lawful interest and costs of suit; and e) such other relief

as the Court deems just and equitable.

TENTH COUNT
(Civil Conspiracy)

148. Plaintiffs repeat the allegations contained in the paragraphs set forth above as if

-29-
setforth at length herein.

149. Since in or about May 29) 2008 up to at least October 22, 2008, the Defendants

Nash, Heimerl and Cooperstown have collectively soughtto interfere with the ownership ofthe

Frasers in the Bruce Garland Collection including the 1912 Red Sox World Series Trophy. J ,

150. The Defendants Nash, Heimerl and Cooperstown have done so through a patt~rn

~fdeception including the preparation and communication offalse and mislead ing representation

10 others implying that the Frasers do not have sole legal title and interest and that Robert has a

criminal record and a real estate license suspension as if to suggest the Frasers are untrustworthy,

151. The Defendants Nash, Heimerl and .Cooperstown have knowingly and

intentionally made such misrepresentations so as to damage the Erasers.

WHEREFORE, Plaintiffs LisaA. Koch-Fraser and Robert W. Fraser, demandjudgment

against Defendants, Peter Nash, Roxanne Nash) Cooperstown. Monument Company, Inc. and

Wolfgang Heimerl, Esq., as follows: a) actual and consequential damages; b) punitive damages;

c) attorney's fees and costs; d) lawful interest and costs of suit; and e) such other relief as the

Court deems just and equitable.

DATED: October 20, 2010


DESIGNATION OF TRIAL COUNSEL

Pursuant to E.. 4 :25"4, Barry A. Kozyra, Esq. is hereby designated as trial counsel.

KOZYRA & HARTZ, LLC


Attorneys for Plaintiffs,
Lisa A~/ ~ch-Fraser and R bert W ..Fraser
., l
By:Y--
BARRY A.

DATED: October 20,2010

"31- .
CERTIFICATION OF NO OTHER ACTIONS

Pursuant to R 4:5" I, it is stated that the matter In controversy between the parties is not

the subject of any other action pending in any other court or of a pending arbitration proceeding

to the best of our knowledge 01' belief: Also, to the best of our belief, no other action or

arbitration proceeding i~ contemplated. Further, other than the parties set forth in this pleading,

we know of no other patties that should be joined in the' above action. In addition, we recognize
.
the continuing obligation or each patty to file and serve on all parties and the Court an amended

certification if there is a change in the facts stated in this original Certification.

DATED: October 20, 2010

-32-
;
j
1
!

I
VERll?ICATION

I, ROBERTW. FRASER, hereby cenify and say:

. 1. I am the Plaintiff in the above matter,

2. Ihave read the foregoing Verified Complaint.Lhave personal knowl~dge of each

of the paragraphs of the Verified Complaint. These fac.~s.a~d" allegationscontained in t~le

Complaint are h116 to the best of my knowledge.

I hereby certify to the truth of the foregoing sta~eme~ts.I understand !h~t if any~taten~ent

is wilfully false, 1 will be subject to punishment, .'. ." : ".""

U~j7?;~
Dated: October 20~ 2Q 10 " .: "ROBERT W. FRASER ." "".,

-33-

.--..---~------------------------
VElUFICATION

I, LISA A. KOCH~FRASER, hereby certify and say:

1. 1am the Plaintiff in the above matte!'. -

2. I have read the foregoing Verified Complaint. I have personal knowledge of the
. .
following paragraphs of the Verified Complaint: 1~36, 38~41, 48~59, 6~, 72-96,98-101. These

facts and allegations contained in the Complaint are hue to the best of my knowledge.

I hereby certify to the truth ofthe foregoing statements. I understand that if any statement

is wilfully false, I will be subject to punishment,

~QMKI{-rr~
Dated: October 20, 2010 LISA A. KOCH-FRASER

I
-I
I

-34"-
Il
Printable Page 1 of 1

Subject Fw: Loan Pmt. and 1870 item purchase

From peter nash


--------~--------------
Date Thursday, May 3, 20073:40 pm

To robert and lisa fraser·

Robert and Lisa,


Disregard the last email.lforgottoputtheebayitemnumberonthatmessage.This one has all the info.

Peter

---Forwarded Message----
>From: peter nash <':-=-=-:::-:-:- _
>Sent: May 3, 2007 4:37 PM
>To: robert and lisa fraser <I et>
>Subject: Loan Pmt. and 1870 item purchase
>
>Lisa and Robert,
>This email serves as my agreement to pay you $15,000 by August 15th,2007.This includes payback of the original loan from 2005 of
$8,000 and an additional $7,000 representing interest on the $8k and profit from the purchase of the 1870 baseball photo that you are
paying for on my behalf with Ebay (Heritage Capital Corp., the EBAY seller)
>
>Here are the instructions for payment of the 1870 photo:

EBA Y item # 280103546190 Early 1870's Brooklyn Atlantics Albumen Photograph


>
>Purchaser's name: Roxanne Nash
>
>Seller
>
should ship item
.•
to:""":-1Roxanne
L __
Nash (gazowie)ebay name

>
>
>
>Make Cashiers ck or money order payable to: Heritage Capital Corporation for $1,246.27
>
>Send Pmt to: Heritage Galleries and Auctioneers
> 3500 Maple Ave. 17th Floor
> Attn: Andrew Norton
> Dallas, TX 75219-3941
> 800-872-6467 Ext. 230
>
>Thanks,
>
>Peter Nash
>
B
This agreement dated May 15, 2007 constitutes the full understanding between Robert
Fraser & Lisa Koch-Fraser (married) and Peter J. Nash in memorializing previous loans
given by Fraser to Nash and other agreements Fraser and Nash have made together set
forth below.

Whereas, Nash agrees he is indebted to Fraser for a previous loan of$8,000 given June
2005 which with interest totals $12,500. (This loan is secured by Nash's collateral in the
form of two pieces of historical ephemera; 1911 World Series booklet, and a historical
letter by Fitzgerald, items now in Fraser's possession.)

Whereas, Nash delivered to Fraser on May 10,2007 a group of baseball memorabilia as


collateral (itemized on attached Exhibit A) upon delivery Fraser sent an additional loan in
the form ofa bank wire May 11,2007 on Nash's behalf in the amount of$ll,OOO to
Nash's Landlord Linda Coseo.
I
Whereas, Fraser purchased an Ebay item #280103546190 (1870's Brooklyn Atlantics
baseball photo) on behalf of Nash for $1,246.27, Fraser and Nash have agreed to own this
item 50/50. Nash will spend money to have it restored. Then we will sell it and all profits
will be split 50/50.

Whereas, Nash agrees to purchase from Fraser a 19th century signed book from the
library of Henry Chadwick for $5,000.

Whereas, Fraser will purchase for $55,000 a collection of baseball memorabilia


consisting of the 1912 World Series Championship Trophy of the Boston Red Sox
Baseball Club and 15 original 1912 photo's ofthe Boston Red Sox. Two ofthese original
photo's will consist ofa picture of the 1912 Boston Red Sox with the 1912 Trophy and a
picture of the 1912 parade for the Red Sox with the Trophy. A certified/bank check will
be made payable to Bruce Garland, the owner of the collection.

Robert & Lisa Koch-Fraser recognize that Peter J. Nash an expert in baseball
memorabilia introduced us to Bruce Garland's collection and the potential profits that
could me made with this collection. So therefore Nash will be rewarded in the potential
profits of this collection for his efforts of the introduction, negotiations and sale of this
collection. It is further agreed by all parties that Fraser is buying this 1912 World Series
Trophy Collection for the sole purpose to sell this collection for a profit, most likely the
Boston Red Sox Baseball Club.

Nash and Fraser agree that upon the sale of the collection, Fraser will receive the first
$60,000 and Nash will not receive any money. So starting at a base price of $60,000 all
proceeds up to $250,000 will be split 60/40,60% of the proceeds going to Fraser and
40% going to Nash. All proceeds above $250,000 will be split 50/50. Nash agrees to first
use any of his proceeds to pay Fraser for any money owed in this above agreement,
$12,500 + $11,000 + $5,000 + $1,246.27 = $29,746.27 plus any legal fees, bank fees,
insurance charges, service charges, etc.
For example a sale of $250,000 would break down like this: $250,000 - $60,000 =
$190,000 X 60% = $114,000 goes to Fraser and $190,000 X 40% = $76,000 goes to
Nash.

Nash guarantees that Fraser will not lose any money on the 1912 World Series Trophy
Collection. So therefore to guarantee and protect Fraser's money and to make this
agreement more secure Nash agrees to give Fraser a $100,000 Mortgage/lien on his
residence/property located at - - 5. This
property is Tax Map Number The
Mortgage/lien will be draw up by Fraser's attorney and signed by Nash. The interest rate
shall be 8 112% and the Mortgage/lien shall be due after 12 months from the time it is
signed by Nash. No interest from this mortgage will be due if Nash pays all the owed
money in the above agreement and no money is lost in the 1912 World Series Trophy
Collection.

AGREED AND ACCEPTED

Pcte;f£p{J22-7 Date:

~
Robert Fraser

ci-LK)dJ
·i ~-$~ ()(
Lisa Koch-Fraser S/IS-/07
Date:
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From:
-~------
To: robert and Iisa fraser
Subject: rteDlB
Date: May 31, 2007 3:39 AM
Robert,

Hera i3 a list of the iLerns I g~ve you that were in my muaeurn from last week:

c1902-0~ Pitts pirate photo w/Honue ~agner $2-31<


1915 Boston p~norama 1-21<
1920 Boston 015 Timers panorama 3-4k
1908 Oversized Old Tim~rs Day Photo IO-15le.
Spalding display w/signature 2-3i1:
Delahanty Trophy Sat 4-Sk
Group of 6 Bats 3-4k
d Murphy Display 500
1913 WSDisplay 250
c1910 Tea.m Photo 200
Ed d@~ahanty Funeral Display (I havei a-10k;

Pin Collect~on/Boston 15-20k


Check, r may have not listed an item O~ two.

http:;/wcbmaiI.p89.earth1inIc.net1wam/priDtablejsp?m.sgjd=-2119&r-l009348184 6/4/2007
D
u,
Web Mail Printable Message Page I of1

From: peter DBSh •


To: robert and lisa fraser
Subject: list of items/collateral
Date: 100 18,2007 3 :00 AM
-Hall of F~er
Eddie Collins Columbia Univ. Award/m@dal Sl,OOO
-c1915 Rube Oldring Phil. A's trophy from schoolkids $1,500
-c.1880 Framed Mass. baseball Team framed photo Sl,OOQ
-c.1880 Kitt~ry SBC Framed photo $1,500
- 2 Abe Yager Brooklyn baseb~ll ~crapbooks ~2,500
-H Chadwick framed pictur~ of gravesite S 750
- misc. group of Brooklyn Elks ieems $ 250
- 1917 baseball calendar $500
- 1841 .baseball chap .book $500
-1891 Brooklyn baseball Club scorebooklscor~card $2,500
-Chadwick postcard collection 100+ $1, 000
-2 H Chadwick publicatione/pictu~es S 3sa
-H. Chadwick signed cabinet photo S7,500
-H. Chadwtck book boys Sook of S~a:t'ts(signed to grandson)S2,SOO
-Chadwick c 1850's Music book w/handwritten sonq to daughter $500
-Cap An3co photograph $ 750
-c.1899 Pr~s. McKinley program S250
-5~nator Henry Cabot LOdg~ letter~ (1 sign@d) $500
-H~l~ of Famer JOhn ward personal ba3eball scrapook~ 1894-95 ~3,OO()
-chhaat·,oick'::; s t ez eov.Lew pho1:o of Green wooo cemetery S500
-T. Johnson signed litho of Wm. Cullen Bryant .$ 1,0.00

I will ;;;.1$0
sand a .!Gcomi list !:ommorro~~w/i'tems from t.hebar

http://webmail.pas_earthli.nk.netlvr.un/printable.jsp.hnsgidc2132&x=68364 7227 611812007


August 11, 2009

Mr. A. Raymond Quinn

Mr. Robert Fraser

Dear Mr. Fraser:

As we have discussed, you are in possession of a book that is my property. The book "Boston Baseball
Club 1871-1897" is about baseball in Boston during the late 19th century. The book is about seven inches
by nine inches, it has a red cover with gold lettering and several pages have pencil scribbling that I put in
the book when I was a child.

The book was originally the property of my grandfather, Timothy Murnane, a "pioneer of baseball" as
described on his headstone, which was donated by the American League. The book subsequently belonged
to my mother Carol Murnane Quinn and passed on to me, along with many other pieces of my
grandfather'S memorabilia, upon my mother's death.

In 2005 I was contacted by Peter Nash, who said he was doing research for a book on early baseball and
was tracking down relatives of prominent characters from baseball's formative years. I invited him to my
house to look through the material I had. Subsequently, he made an offer to purchase the material, which
he said would be preserved in a baseball fan museum he was going to establish. I had become concerned
that the material I had was going to disintegrate without proper care and I agreed to the sale.

Two things I specifically excluded from the sale were books, including the one I described above and
another one about baseball on the west coast during the late 19th century. I agreed to loan them to him,
with the full understanding that they would be returned to me in the near future. In a few conversations I
had with Mr. Nash subsequent to my loaning him the books, I reminded him I wanted them returned and he
assured me I would get them, however, they have never been returned. More recent emails and voice
messages that I left for Mr. Nash have gone unanswered.

Recently you contacted me and told me you have the book I described above, about Boston baseball. I
understand that there are legal issues regarding the ownership of this book and other baseball memorabilia
that have been in Mr. Nash's possession. If it is possible to clear those issues and return the book to me, I
would greatly appreciate it.

If you have any questions, please do not hesitate to contact me.

Sincerely,
~
C(./~ p~,
A. Raymond Quinn

day of /:J a. C" ~7 ,2009.

---~-.~.
. ..::: -.-
List of baseball memorabilia Lisa Koch-Fraser purchased from
Bruce Garland on May 15, 2007 for $55,000.

1. 1912 Boston Red slxlJake Stahl Sterling Silver World Series Trophy
2. 1912 framed Imperial Cabinet Photo 7.5" x 9.5" of Boston Red Sox Team
with Boston Mayor fitzgerald & 1912 WS Trophy taken by Carl Homer
3. 1912 Red Sox Parade Photo 8" x 10" (purchased from Joe Wood's son)
4. 1912 team photo 4"lx 10" American League Champions Boston Red Sox
5. 1912 Boston American composite team photograph 6" x 7.5"
6. Large 14" x 17" phJto eight high officials related to the 1912 World Series
I •
7. Large 11.5" x 14" photo of three NY Giants players related to the 1912 WS
8. James McAleer and I Gaffney mounted office photo 8" x 10"
9. Mayor Fitzgerald presenting Stahl with car at 1912 WS 4" x 6" oval photo
10. Tris Speaker wl19112medal 3" x 4" photo
11. 1912 World Series ~ris Speaker w/Chalmers car photo 6.5" x 9"
12. Photo 4" x 6.5" of telegraph section at 1912 World Series
13. 1912 WS photo 7" ~ 10" NY Polo Grounds view of fans behind First Base
1"
14. 1912 WS 4.5" x 6. photo of John Whalen, Com. Bruce & Gary Hermann
15. Cabinet photo 3.5" IX 9" of Boston Red Sox 1912 WS medal
16. 1912 WS oval photp 3" x 5" crowd of fans at Fenway Park after game
17. 1912 Red Sox composite team photograph 3.5" x 8.5" on pennant layout
18. Photo of fans watching scoreboard 1912 WS
19. Original 1912 WS Photo of Fenway Park
20. Original Photo by -tan Oyen of Royal Rooters at 1912 WS
• I
21. 1912 World Senes Photo of Jake Stahl
Ref. # Matches Lisa Koch-Fraser's bank account #

""",*n Savings Bank OFFICIAL CHECK


1053182
I "tOKeN. New JERSEY
DATE 05/15/07 l!S-f554
440
Ref.
~ L~~E
ORDER OF
BRUCE GARL.AND* ** *55,000.00

*** F~FTv-F~vETHOUSAND AND 00/100 DO~~ARS

I
f DRAWER:HAVe~NSAVI~G~eANK •
I
I •._._ ...__ -
~ M! .._,_(' ., .. .__.__ ._.. __ ",
~
I fSSUEDBY: TRAVElERS EXPRESS COMPANY. INC. AUrnOlIIZEO SlGNATUR£(51
I P.O. BOX 9478t MlNNEAFOUS. WI 5S460
DRAWEE: HUNTINGTON NATIONAL BANK
I

I------------
I ~...;..;..;.;;...;
------
COLUMaUS,OH

~a III ~O5~ CUI 1:01.1,0 ~ 5 51. :\1:0 ~bOO ~O? .2:\ 511111

CUSTOMER COPY

Haven Savings Sank OFFICIAL CHECK


1053182
HOBOKEN, NEW JERSEY
DATE
(;'1
•.'0'
Ij:::: lti!
•..,/ , ~ < ----:wo
25-1554

Ref. PAY
-------TO THE BRUCE GARLAND* * .)f
ORDER OF

.** FIFTy-FXVE THDU5AND AND 00/100 DOLLARS

;WER:HAVEN7k LNK~
___________ -=AP iaro.N-~A1W: M>
AUTHORIZED SIGNATURE(S)
ISSUED BY: TRAVELERS EXPRESS COMPANY, I~IC.
P.O. BOX 9476, MINNEAPOLIS, MN 5:480
DRAWEE: HUNTINGTON NATIONAL BANK
COLUMBUS, OH
J-I
05/29/2888 15:58 988-766-4821 HEIMERL LAW FIRM PAGE 81/81

Guernsey's Auction House


Attn: Arlan Ettinger, Pres.
108 E. 73rd St.
NY. NY 10021

May 29,2008

Via Facsimile (2.12-744 3638) and email (auctions@guemseys.coro)

Dear Mr. Ettinger,

It has come to my attention that Robert Fraser and Lisa Koch-Fraser have consigned
numerous materials related to the Boston Red Sox 1912 season including a Jake Stahl
1912 World Series Loving Cup Trophy. Please be advised that I was the original
purchaser of this material. and retain ownership rights pursuant to a written agreement
between me and the Frasers, The Fraser's have not been granted any permission from me
to consign these items to any auction. In addition, while looking at your web page
regarding the proposed auction, I also noticed that other items of my property, which the
Fraser's have no ownership interest in whatsoever, also appear on your website as if they
are part of the sale as well. This is very troubling. This letter will be followed by 8 more
formal letter from my attorney, and I want to make it absolutely clear that I win pursue
all legal remedies to protect my interests regarding these matters. I would advise you to
withdraw these items from your proposed sale immediately.

Sincerely,

Peter J. Nash
c/o Heimerl Law Firm
110 Wall St.
NY, NY 10005

Cc: Wolfgang Heimerl


Heimerl Lawfirm
HEIMERL LAW FIRM
32 Dumont Road
Post Office Box 964
Far Hills, N.J. 07931
Telepbone (908) 470-0200
Facsimile (908) 470-0201

New York Offiu:

Iln Wall Siner


1111I Floor, PMB-8370
NfW York, New York I~
(212) 709-8370

Date: June 1O~2008

To: Richard L. Herzfeld, Esq. (212) 986-5316

cc: L. Scott Berkoben, Esq. (201) 666-3839

From: Wolfgang Heimerl

Re: Gursnsn's 19)2 World Series Lovin2 Cup Trophy.

Pages: 9

Messge

This facsimile transmission contains attorney-client privileged information. If anyone other than the intended
recipient receives this transmission it should be destroyed and the sender should be contacted immediately.
HEIMERL LAW FIRM
32 Dumont Road
Post Office Box 964 New York GRice:
Far Hills~ New Jersey 07931 110 Wall Street
Wolfgang Heimerl 1111I Floor, PMB-8370
Admitted in NY & NJ NewYodc, New York 10005
Tel: (908) 470-0200 Tel: (212) 709-8370
Memba oftbt AtI~ociIltiODof Trial Lawy~ of A.merica Fax: (90S) 470-0201
E-Mail: Heim~rJLawFirm@..ATT.ne{

June 10, 2008

Via Facsimile

Richard L. Herzfeld, Esq.


Bahn, Herzfeld & Multer, LLP
555 Fifth Avenue, 1~ Floor
New York, New York 10017

Re: Guernsey's -1912 World Series Loving Cop Trophy

Dear Mr. Herzfeld:

Iwrite to you at the suggestion of Arlan Ettinger, the President of Guernsey's


auction house.
As you may know, we represent Peter Nash with regard to his financial interest in the 1912 World
Series Loving Cup Trophy (the" 1912 CUp') which recently appeared as the subj ect of a upcoming
single lot auction to be conducted by Guernsey's. It is our understanding that Guernsey's has been
commissioned to auction the 1912 Cup by Robert Fraser and Lisa Koch-Fraser,

It is not our client's intent or desire to thwart the sale of the 1912 Cup, but merely to protect
his financial interest in the proceeds of any such sale. In fact. Mr. Nash is happy to make the
necessary arrangements for the 1912 Cup to by auctioned at "McGreevy's Third Base Saloon", a
newly opened. baseball themed bar/restaurant located in close proximity to Fenway Park.

As background, Mr. Nash purchased, among other things, the 1912 Cup in a private sale from
Bruce Garland for the sum of $55,000. (A copy of the Sale Agreement is attached for your ready
reference) Simultaneous with the execution of the Sale Agreement with Mr. Garland, Mr. Nash
entered into an agreement with the Frasers whereby the Farsers would remit payment directly to Mr.
Garland in exchange for which Mr. Nash would receive a profit distribution when the 1912 Cup was
sold as contemplated in the agreement. Mr. Nash seeks only to preserve his contractual profit
participation rights. (A copy of the Nash - Fraser agreement also accompanies this letter).

The profit participation provision reads as follows;

Nash and Fraser agree that upon the sale of the collection. Fraser will
receive the first $60~OOOand Nash will not receive any money. So
starting at a base price of $60,000 all proceeds up to $250,000 will be
solit 60/40. 60% of the proceeds zoinz to Fraser and 40% going to
Nash. All proceeds above $250,000 will be split 50/50. Nash agrees
to first use any of his proceeds to pay Fraser for any money owed in
this above agreement, $12,500 + $11,000 + $5,000 + $1,246.27 =
$29,746.27 plus any legal fees, bank fees, insurance charges, service
charges, etc.

If all parties agree that this contractual profit participation calculation (less an additional loan
of$18,000 made to Mr. Nash on June 4,2007, see below) will be adhered to, Mr. Nash will help
facilitate the sale of the 1912 Cup in any way possible.

Mr. Farser would like everyone to believe that on June 4, 2007 he bought our Mr. Nash's
interest in his profit participation for the sum of$18,500. That simply is not the case despite Mr.
Fraser's notation on the check. (A copy of which accompanies this letter). The intention of that
payment was to be a loan. As evidence of this, attached are two electronic mail messages from Mr.
Nash to the Parsers (dated May 31, 2007 and Jun 18, 2007) indicating the collateral items which
were provided to the Frasers in exchange for the $18,000 loan. (See, attached e-rnail messages.) If
the $18,500 was a buyout of Mr. Nash's profit participation, why would Mr. Nash pledge collateral,
and more interestingly, why would the Frasers accept possession of the collateral. Only now, more
than one year later, is Mr. Fraser frantically trying to return the collateral to Mr. Nash to support his
new found position as he believes the 1912 Cup may be sold for several hundred thousand dollars.
If that is the case, why would Mr. Nash, an expert in the field of baseball memorabilia, sell his profit
participation rights for $18,500 when it may be worth $100,000 or more.

Mr. Fraser seems to be trying to rewrite history in order to make a windfall at Mr. Nash's
expense. We do not seek to impugn the character of Mr. Fraser, however, when searching public
records, it appears that in 2005 Mr. Fraser was convicted, civilly and criminally, offraud and his real
estate broker-salesperson license was thereafter revoked until February 10, 2008 based on Mr.
Fraser's violation of NJ.SA. 45: 15-17(e). We mention this only so as to look at the purported facts
set forth by Mr. Fraser with suspicion.

If all parties agree that the contractual profit participation will be adhered to, Mr. Nash wil I
support an help facilitate the sale of the 1912 Cup. Please advise us of your position in this regard.

Yours sincerely,

Wolfgang Heimerl

WHI

Accompaniments

cc: L.Scott Berkoben, Esq. (via facsimile)


---",

Thi!: h:i:Ll:t
Se~io&lJ4\\1! Stahl
agreement "f Mal s:
?'!,)07. m~{~aliz.es ·he sale I)f The 1912 W,,'trld
Trophy and related C{lH«ti~~ !jf~9r.~U .,.,~mc:·?"~JI.I.9,
~latcd to ~~'!'
IIj 1.2Boffton Red Sox to Peo:r Ndh (the run;bo.:l~.;I)b)' Btu~ Oar\so.Q (the seller).
lu co~~ide:ration (If a payment er' 5;5~,000 ill tbr: form of ••certifiedlcashic~ cheek,
('1U'j~ci agrees to sell the foHowiD~ itr:ms ty Nish:

1. 19[2 Ked Sox/Jake Si:ahl'Vr':::l'i~iS~;"..:"Troph)'


1. 1912 ltnperial PbOTOof Bostou Red 5<Jx T el.JJ1 by Homer
J 1911 Rr:d Sox Parade ?hoto (from Joe Wood)
4. 191.2 Photo of BoS1JJIl Red SO)C
:5. 1912 Red S"lX. CQtnposi~tes.m pho~graph.
6. V~·lJ.\rg! r-hrno rellU.d to the \91,2 World Seti.G8
7. VlCry larse photo relm:od to ~be 1912 Worlc15eries t7,.,r.,
8. ~ l.~ ~iMro .e+ated 10 rfse l~i1 Wv.td Sett" U;1 "
~. James MMll:~ and GI!.~ey mounted offic:.cphoto
I.O. Mayor FitzlotUaid ~ SWlI Car Fh.oto I Van Oven)
l l. Tris SJleaken'll!l912 m.eclalphoto,
12. Tris Speaker w/Cbalme" car photo
13..Photo of Telegraph at 19 j ~ W:::I
SCCUClTl
14. Plu~to offElT:\s watching scateboltd 191~ WS
15.Mtse.. f!.w'R.ed &r.i!:,..,!,~t~~tl""".nrpJI3!~ •.•.......
/."V

':'; :i"· se:.1er) ::'~~t:':i tbat be ha! cler.r. titlr ~(1pr.d ~ the ~olc "v.'1Itt of this
. he~~ fwI a~tl.lvJi·L"~ :.Gti. 'J1A~.••,)llec'ciull to P~N'!~~h(~:~'l.(
",'"

,. I I

DAre: Jf;rh

_ I --_ •• _-_&. - .
'v1"'1'- .1.I'i",
PAGE ei

This agreement dated May 15,2007 constitutes the full understanding between Robert
Fraser & Lisa Koch-Fraser (married) and Peter 1. Nash in memorializing previous loans
given by Fraser to Nash and other agreements Fraser and Nash have made together set
forth below.

Whereas, Nash agrees he is indebted to Fraser for a previous loan ofS8,OOO given June
2005 which with interest totals $12,500. (This Joan is secured by Nash's collateral in the
form. of two pieces of historical ephemera; 1911 World Series booklet, and a historical
letter by Fitzgerald, items now in Fraser's possession.)

Whereas, Nash delivered to FnJSeI' on May 10,2007 a group of baseball memorabilia as


collateral (itemized on attached Exhibit A) upon delivery Fraser sent an additional loan in
the form of a bank wire May 11,2007 on Nash's behalf in the amount of S11,000 to
Nash's Landlord Linda Cosec,

Whereas, Fraser purchased an Ebay item #280103546190 (1870's Brooklyn Atlantics


baseball photo) on behalf of Nash for $1,246.27, Fraser and Nash have agreed to own this
item 50/50. Nash will spend money to have it restored. Then we will sell it and all profits
will be split 5u/50.

Whereas, Nash agrees to purchase from Fraser a 191h century signed book from the
library of Henry Chadwick Cor$5,000.

Whereas, Fraser will purchase for $55,000 a collection of baseball memorabilia


consisting of the 1912 World Series Championship Trophy of the Boston Red Sox
Baseball Club and 15 original 1912 photo's of the Boston Red Sox. Two of these original
photo's will consist of a picture of the 1912 Boston Red Sox with the 1912 Trophy and a
"i('.m~ of the lQ12 "Made fortbe Red. Sox with the T!'01)hv. A certifiedlbank check will
be made payable to 'Bruce Garland. the owner of the ootlection.
Robert & Lisa Koch-Fraser recognize that Peter 1. Nash an expert in baseball
memorabilia introduced us to Broce Garland's collection and the potential profits that
could me made with this collection. So therefore Nash will be rewarded in the potential
profits of this collection for his efforts of the introduction, negotiations and sale of this
collection. It is further agreed by aU parties that Fraser is buyj.ng this 1912 World Series
Trophy Collection for the sole purpose to sell this collection for a profit, most likely the
Boston Red Sox Baseball Club.

Nash and Fraser agree that upon the sale of the collection, Fraser will receive the first
S60,000 and Nash will not receive any money. So starting at a base price of $60.000 all
proceeds up to $250,000 will bel split 60/40, 60% of the proceeds going to Fraser and
40010 going to Nash. All proceeds above S250,OOOwill be split 50/50, Nash agrees to first
use any of his proceeds to pay Fraser for any money owed in this above agreement,
$12500 + $11,000 +- $5,000 + $1,246.27 = $29,746.27 plus any legal fees, bank. fees,
~ charoes. .seOOce. i4hatves. etc. _. -- .-- ._.
._." _---_ .._._ ..',
" --.-- .
-----.--

For example a sale of 5250,000 would break down like this: 5250,000 - $6O~OOO=
=
5190,000 X 60% $114,000 goes to Fraser and $190,000 X 40010 = $76,000 goes to
Nash.

Nash guarantees that Fraser 'Will not lose any m.oney on the 1912 World Series Trophy
CoUection. So therefore to guarantee and protect Fraser's money and to make this
agreement more secure Nash agrees to give Fraser 8. $100,000 Mortgage/lien on his
residence/property located at Y to This
lJroperty is Tax Map NwnberIP The
Mortgage/lien will be draw up by Fraser's attorney and signed by Nash. The interest rate
shall be 8 112 % and the Mortgage/lien shall be due after 12 months from the time it is
signed by Nash. No interest from this mortgage will be due ifNasb. pays all the owed
money in the above agreement and no money is lost in the 1912 World Series Trophy
Collection.

AGREED AND ACCEPTED

p-~ Date: rJN /'7--

t:!L~ Date:
00/
~&inJ~bCh.fL~
Lisa Koch-Fraser S lIS- /07
Date:
J ,-,'-""- WI.)

:1. .'

,I r
• :1
;. (D
., 0
Ii;; 0
.....•
,.
From: ~rruuh _
To: robert and lisa fraser
Subject: iterm
Date: May 31. 2007 3:39 AM
Robert,

Hera i~ a list of the i~ems I gave you that ~ere in my muaeum from last week:
c1902-0~ Pitts piratQ photo w/Honue ~agner n-3K
1915 Boston panorama 1-21<
1920 Boston 0115 'Timers panorama 3-4k
1908 Oversized Old Timers Day Photo 10-1Sk
Spalding display w/signatur~ 2-31c
Delahanty Trophy Bat 4-5k
Group of 6 Bats 3-4k
d Murphy DiS'p.1.ay SOD
1913 WS Display 250
c1910 Team Photo 200
Ed d@laha.nty .cuneral Display (I have) a-10k

Pin Ccllectio~/Boston lS-20k

Check, I may have not listed an item or two.

http://webmail.pas.earth1inlc.netlwam/printableJsp?msgjd=;2119~1 009348184 6/412007


UI

Web Mail Printable Message Page I of 1

From: peter DaSh •


----------------
To: robert and lisa fraser
Subject: list of items/collateral
Date: Jun 18,2007 3 :00 AM
-Hall of Fa.mer Eddie Collif'lB Columbia Univ. Award/medal Sl,OOO
-c1915 ~ube Oldring Phil. A's trophy from schoolkids $1,500
-c.1880 Framed Mass. baseball Team fr~med photo SI,Daa
-c.1880 Kittery BBC Framed photo $1,500
- 2 Abe ~ager Brooklyn baseball scrapbooks $2,500
-H Chadwick framed pictur~ of gravesite S 750
- misc. group of Brooklyn Elks item9 $ 250
- 1917 bageball calendar $500
- 1941 ~asebal1 chap book $500
-1891 Brooklyn baseball Club scor~book/scor~card $2,500
-Chadwick postcard collection 100+ $1, 000
-2 H Chadwick publicatione/picturee S 350
-H. Chadwic~ signed cabinet photo S7,500
-H. Chadwick: bool< boys Soak of S~o:t'ts (signed to grandson)S2,SOO
-Chadwick c 1850's Music book w/handwrit~en song to daughter $500
-Cap ~cn photograph $ 750
-c.1899 Pres. McKinley program $250
-Senator Henry Cabot LOdg~ letter~ [1 sign@d) $500
-H~ll of Famer JOhn ward per~on~l ba3eball ecrapooK3 1694-95 $3,000
-chhadwick'~ stereoview photo of Green ~cod cemetery ~500
-T. Johnson signed litho of Wm. Cul1~n Bryant $ 1, 000

I will also send a ~econd list ~omrnorrow w/items from the bar

http://webmaiJ.p8S.ea.rthlink.netlwamlprintable.jsp?msgidaz132&x=683647227 611812007
HEIMERL LAW FIRM
32 Dumont Road
Post Office Box 964 New Yod- Oflice:
Far Hills, New Jersey 07931 110 Wall Street
Wolfg2og Heimed
11th Floor, PMB-&370
Admitted in NY & NJ New York, New York 10005
.Tel: (908) 470-0200 Tel: (212) 709-&370
Mcmbef oftbr AA$OclatiOD ofTtiAl Lawyer.l of Amrrim Fax: (908) 470-0201
E-Mail: HeimerJLawFimI@ATT.net

October 22, 2008

Via Faqimile

Richard L. Herzfeld, Esq.


Bahn, Herzfeld & Multer, LLP
555 Fifth Avenue. 17rh Floor
New York, New York 10017

Re: Guernsey's -1912 World Series Lovin&: Cup Trophy

Dear Mr. Herzfeld:

We have received no response to our electronic mail message of the morning of October 18,

2008. That notwithstanding, we understand that Guernsey's auction of October 18, 2008 was less

than a complete success and that many items, including the 1912 World Series Loving Cup Trophy
(the "1912 Trophy"). failed to meet the miniurn seller's reserve price.

That being said, please confirm that the 1912 Trophy was returned to Mr. Fraser. Guernsey's

is hereby put on notice that Mr. Nash does not consent to any private sale of the 1912 Trophy and
any efforts on the part of Guernsey's to orchestrate such a sale are inappropriate, especially if such

a sale were to be contemplated at anything less the $190,000 high bid at auction.

Mr. Nash is commencing an action in New Jersey seeking declaratory relief to determine Mr.

Nash's interest in the proceeds of any sale of the 1912 Trophy, including inj unctive relief to prohibit

the sale of the 1912 Trophy or, in the alternative, requiring that any proceeds of the sale of the 1912

Trophy be placed in escrow.

Received Oct-22-200B 10:0Bam From-90B 766 4B21 To-L.SCOTT BERKOBEN,P.A Paae 002
octooer 22, 2U08
Page -2-

We ask that you confirm that the 1912 Trophy has be returned to Mr. Fraser as we sincerely
hope that Guernsey's need not be made a party to the contemplated suit in New Jersey.

We also raise, as a tangential note, that certain articles of Mr. Nash's memorabilia were
prominently featured, without his consent, in Guernsey's auction catalog as well as a piece which
was displayed along with the 1912 Trophy at Madison Square Garden. That particular display piece
was removed from its original case (by whom we do not know) subjecting it, and the other pieces
in the case, to possible damage. Moreover, certain of these materials contained intellectual property
owned by Mr. Nash and/or related parties. Any such unauthorized use shall be deemed a violation
of Mr. Nash's intellectual property rights.

Your prompt reply is required.

Yours sincerely,

Wolfgang Heimerl

cc: L. Scott Berkoben, Esq. (via facsimile)

From-908 766 4821 To-L.SCOTT BERKOBEN,P.A Paie 003


Received Oct-Z2-2008 10:08am

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