Moses Affidavit Exhibit E

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From: Dale Bercher Sent: Thursday, December 08, 2005 9:14 AM To: Milburn Poston Subject: FW: fyi

-----Original Message----From: Bill Poston [mailto:[email protected]] Sent: Thursday, December 08, 2005 8:54 AM To: Dale Bercher Subject: RE:

Dale, I have very strong feelings about something like this. Milburn might not agree. I feel like if the word get around that all you have to do is file a lawsuit to get the head man at Traton to meet with you or what else you might negotiate at that meeting we could be in for a lot of harassment. It would seem we could find out the cost of not counter-suing but let his case go to court. You know I think if we would study our contract we could prove even on this he has to go to binding arbitration. Let me know what you think about the arbitration way.

Thanks,

Bill -----Original Message----From: Dale Bercher [mailto:[email protected]] Sent: Thursday, December 08, 2005 7:44 AM To: Bill Poston; Milburn Poston Cc: Rick Foster Subject: Importance: High

Bill and Milburn,

I would like your advice regarding how we handle the lawsuit from Mr. Moses in Lakefield Manor.

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As you probably remember, this is the guy who is suing us for $250,000 because vehicles have driven off the curb (but in the R.O.W.) numerous times damaging “his” yard. I have never been personally involved in a more ridiculous accusation and controversy than this.

I as I discussed with you before, I felt the appropriate action on our part was to counter-sue Mr. Moses and his attorney for frivolous litigation. As I prepared Eldon to move forward with such, I started questioning if that is what is best for the company. Mr. Moses has offered to dismiss the lawsuit if I will simply have a meeting with him to discuss his “problems.” My initial reaction was “no”, because I didn’t feel his behavior, which as been extraordinarily hostile, deserved such. However, the reality now is that not doing so will require us having to spend potentially thousands of dollars and many hours in legally fighting this…. albeit I am very optimistic that we will recover the money in our counter lawsuit. The other reality is the timing. I am being told that the suit will likely not even be heard for 12 to 18 months… and we can not even pursue our frivolous law suit allegations until after we win the initial lawsuit.

I feel very strongly that I want to “teach this guy a lesson”, but as I try to remove my emotionalism from this, I come back to the question, “is the best thing for the company just to meet with the idiot and let the lawsuit be dropped?”

Your advice please.

Thanks,

Dale