HomeMy WebLinkAbout03-0016ESTATE OF DAVID C. LEBO,
Plaintiff
Vo
GREGORY MYERS and
MYERS' AUTO SALES,
Defendants
1N THE CUMBERLAND COUNTY
COURT OF COMMON PLEAS,
COMMONWEALTH OF PENNSYLVANIA
CIVIL DOCKET NO.: o 3- ~(, ~ T,~-
JURY TRIAL DEMANDED
CIVIL ACTION AT LAW:
1) ACTION TO ENFORCE PAYMENT
OBLIGATION
2) ACTION 1N BREACH OF CONTRACT
3) ACTION 1N QUASI-CONTRACT
NOTICE TO DEFEND
TO:
Myers' Auto Sales and Gregory Myers
1203 Rimer Highway
Shippensburg, PA 17257
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attomey and filing in writing with the
court, your defenses or objections to the claims set forth against you. You are wamed that if you
fail to do so, the case may proceed without you and a judgment may be entered against you by the
court without further notice, for any money claimed in the Complaint or for any other claim for
relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
NOTICIA
Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas
expuestas en las paginas sigiuentes, usted tiene veinte (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado
y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomato medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la
peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
ESTATE OF DAVID C. LEBO,
Plaintiff
Vo
GREGORY MYERS and
MYERS' AUTO SALES,
Defendants
: IN THE CUMBERLAND COUNTY
: COURT OF COMMON PLEAS,
: COMMONWEALTH OF PENNSYLVANIA
:
: CIVIL DOCKET NO.: v
: JURY TRIAL DEMANDED
: CIVIL ACTION AT LAW:
1) ACTION TO ENFORCE PAYMENT
OBLIGATION
2) ACTION IN BREACH OF CONTRACT
3) ACTION IN QUASI-CONTRACT
COMPLAINT
The plaintiff, Estate of David C. Lebo, files this Complaint through Jason P.
Kutulakis, Esquire ofABOM & KUTULAKIS, L.L.P., against the defendant, Gregory
Myers, to recover money due to the Plaintiff by the Defendant for the purchase ora
motor vehicle.
CLAIM I: ACTION TO ENFORCE PAYMENT OBLIGATION,
PURSUANT TO PENNSYLVANIA CONSOLIDATED STATUTES,
TITLE 13 CHAPTER 33, ENFORCEMENT OF INSTRUMENTS~
1. Plaintiff, Estate of David C. Lebo (hereinafter "PlaintiW'), is attempting to
conclude all of David C. Lebo's outstanding financial matters.
2. David C. Lebo deceased on July 5, 2002.
3. Dale F. Shughart, Jr., Esquire, 35 East High Street, Suite 203, Carlisle, PA
17013, is handling the distribution of assets in the Estate of David C. Lebo.
4. David C. Lebo was the owner and operator of David Lebo's Garage, 301 North
College Street, Carlisle, PA 17013.
5. Gregory Myers (hereinafter "Defendant") is the owner and operator of Myers'
Auto Sales, 1203 Ritner Highway, Shippensburg, PA 17257.
~ Title 13 Pa.C.S. §§ 3 I01 through 3605 embody the law of Negotiable Instruments under Article 3 of the
Uniform Commercial Code. Pennsylvania adopted Article 3 of the Uniform Commercial Code in 1992.
The purpose of Article 3 of the Uniform Commercial Code is to enhance marketability of negotiable
instruments and to allow bankers, brokers, and the general public to trade in confidence. Manor Bldg.
Corp. v. Manor Complex Associates, Ltd., 435 Pa. Super. 246, 645 A.2d 843 (1994).
6. Defendant is in the business of buying and selling motor vehicles.
7. Defendant contracted with David C. Lebo in or about November of 1999 to
purchase a 1997 Chevrolet Lumina (hereinafter referred to as "vehicle"), VIN#
2Gl WL52M9V9319255.
8. Defendant took possession of the vehicle on or about November 16, 1999.
9. Defendant indorsed a business check (hereinafter referred to as "instrument")
to David Lebo's Garage in the amount of Nine Thousand, Two Hundred and Fifty
Dollars ($9,250.00) dated November 16, 1999 for the purchase price of the vehicle. A
tree and correct copy of the original instrument is attached as "Exhibit A".
10. Defendant signed the instrument.
11. David C. Lebo was the holder in due course of the instrument.
12. The Estate of David C. Lebo is now the holder of the instrument.
13. Defendant received the vehicle as consideration in return for the amount of
money guaranteed to be paid by the instrument.
14. David C. Lebo presented the instrument for payment
15. The instrument was dishonored.
16. David C. Lebo provided the Defendant with oral notice of the dishonor within
thirty after the instrument was dishonored.
17. Defendant made verbal representations that he would fulfill his payment
obligation.
18. Defendant's payment obligation has not been discharged.
19. David C. Lebo never received partial or full payment from the Defendant for
the vehicle.
20. The Estate of David C. Lebo has never received partial or full payment from
the Defendant for the vehicle.
21. More than ninety (90) days have elapsed since the date of the instrument.
22. Demand for payment has been made and Nine Thousand, Two Hundred and
Fifty Dollars ($9,250.00) is due to the Plaintiff by the Defendant.
WHEREFORE, Plaintiff respectfully requests that Defendant be ordered to
fulfill his payment obligation to the Plaintiff and further requests a judgment against the
Defendant, in favor of the Plaintiff, in the amount of Nine Thousand, Two Hundred and
Fifty Dollars ($9,250.00).
CLAIM II: BREACH OF CONTRACT
23. Paragraphs one (1) through twenty-two (22) are fully incorporated into Claim
II of this Complaint.
24. The Defendant entered into an oral agreement with David C. Lebo to
purchase the vehicle from David Lebo's Garage in exchange for Nine Thousand, Two
Hundred and Fifty Dollars ($9,250.00).
25. David C. Lebo performed his obligations under the agreement by transferring
title in the vehicle to the Defendant.
26. Defendant breached the oral agreement when he presented to David C. Lebo
the instrument that was later dishonored.
27. To date, Defendant has not met his payment obligation.
28. Plaintiffhas incurred damages in the amount of Nine Thousand, Two
Hundred and Fifty Dollars ($9,250.00).
WHEREFORE, Plaintiff respectfully requests that a judgment be entered against
the Defendant, in favor of the Plaintiff, for Nine Thousand, Two Hundred and Fifty
Dollars ($9,250.00).
CLAIM III: ACTION IN QUASI-CONTRACT TO PRECLUDE THE UNJUST
ENRICHMENT OF THE DEFENDANT2
29. Paragraphs one (1) through twenty-eight (28) are fully incorporated into
Claim III of this Complaint.
30. Claim III is pleaded in the alternative should it be found that no enforceable
agreement was reached between David C. Lebo and the Defendant.
31. David C. Lebo transferred title in the vehicle to Defendant.
32. At the time of the transfer, Defendant was in the business of buying and
selling motor vehicles.
33. David C. Lebo did not transfer title in the vehicle to Defendant gratuitously.
34. The value of the vehicle at the time of transfer was Nine Thousand, Two
Hundred and Fifty Dollars ($9,250.00).
35. Defendant used the vehicle for his benefit by using the vehicle personally or
by reselling the vehicle for cash or cash equivalent.
2 Quasi -contracts are not based on apparent intention of parties to undertake performances in question, nor
are they promises; they are obligations created by law for reasons of justice. Martin v: Little, Brown and
Co., 304 Pa. Super. 424, 450 A.2d 984 (1981). Under Pennsylvania law, a quasi-contract involves a duty
imposed by law upon a person who has obtained property or services under circumstances where reason,
common sense and justice dictate that payment should be made therefore. Halstead v. Motorcycle Safety
Foundation, Inc., 71 F.Supp.2d 455 (E.D.Pa. 1999). An essential element to a cause of action in quasi-
contract is finding of unjust enrichment. Lukens Const. Co., Inc. v. Shar-Mich Corp., 20 D. & C.3d 327
(Pa. Com. Pl. 1981). Elements necessary to prove unjust enrichment are: 1) benefits conferred on defendant
by plaintiff; 2) appreciation of such benefits by defendant; 3) acceptance and retention of such benefits
under such circumstances that it would be inequitable for defendant to retain benefit without payment of
value. Mitchell v. Moore, 729 A.2d 1200 (1999).
36. Defendant used or sold the vehicle without making payment of value to
David C. Lebo.
37. Allowing Defendant to enjoy the use of the vehicle or to retain the money
received from the sale of the vehicle without payment of value to Plaintiff would be
inequitable and against the interests of justice.
38. Defendant was unjustly enriched when he took possession of the vehicle and
did not make payment for value to David C. Lebo.
WHEREFORE, Plaintiff respectfully requests that a judgment be entered against
the Defendant, in favor of the Plaintiff, for Nine Thousand, Two Hundred and Fifty
Dollars ($9,250.00).
IN THE ALTERNATIVE, Plaintiffrespectfully requests judgment in excess of
Nine Thousand, Two Hundred and Fifty Dollars ($9,250.00) if the Defendant sold the
vehicle for an mount in excess of Nine Thousand, Two Hundred and Fifty Dollars
($9,250.00).
Date~'
Respectfully Submitted,
ABOM & KUTULAKIS, L.L.P.
JaSon P. Kntulakis, Esq~re
AtVomey I.D. No. 80411
8 South Hanover Street; Suite 204
Carlisle, PA 17013
(717) 249-0900
.4ttorney for Plaintiff
VERIFICATION
I, Larry Lebo, hereby verify that the facts set forth in the foregoing
Complaint are true and correct to the best of my knowledge, information and belief.
I understand that. false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date:
December ~.~ _, 2002
Lanky Leb~/
MYERS' AUTO SALES
PAY TO THE
K~.eystone ~,~'
Financial
"' 0 0 c; ;~ t, q,,
,:0 q i ]0 ~q 5 5~:
5249
DAT 60-295/373
820
DOLLARS
EXHIBIT A
' SHERIFF's RETURN _ REGULAR
CASE NO: 2003-00016 p
COMMONWEALTH OF
COUNTy OF PENNSYLVANIA:
CUMBERLAND
LEBO DAVID C ESTATE OF
VS
MYERS GREGORy ET AL
BRIAN BARRICK
_, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
MYERs GREGORy was served upon
, the
DEFENDANT at 2105:00 HOURS, on the 29th day of ~, 2003
at 2281 RITNER HIGHWAY ~ ~
SHIPPENSBURG, PA 172S7
GREGORY MYERS by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Hi_~s attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.97
.00
10.00
_ .00
36.97
Sworn and Subscribed to before
mq this ~/-~~ day of
So Answers
01/30/2003
ABOM & KUTULAKIS
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00016 p
COMMONWEALTH OF
COUNTy OF PENNSYLVANIA:
CUMBERLAND
LEBO DAVID C ESTATE OF
VS
MYERS GREGORy ET AL
BRIAN BARRICK
_, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
MYERS, AUT~
...... ~u'~ SALES
DEFENDANT , at 2105:00 HOURS,
at 2281 RITNER HIGHWAY
SHIPPENSBURG, PA 17257
GREGORY MYERS, OWNER
a true and attested copy of COMPLAINT & NOTICE
was served upon
the
on the 29_~__th day of ~, 200____~3
by handing to
ADULT IN CHARGE
together with
and at the same time directing Hi___~s attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
Sworn and Subscribed to before
So Answers:
01/30/2003
ABOM & KUTULA~IS
ESTATE OF DAVID C. LEBO,
Plaintiff
Vo
GREGORY MYERS and
MYERS' AUTO SALES,
Defendants
: IN THE CUMBERLAND COUNTY
: COURT OF CO.MMON PLEAS,
: COMMONWE/LLTH OF PENNSYLVANIA
:
: CIVIL DOCKET NO.: 03-16 CIVIL TERM
· JURY TRIAL DEMANDED
: CIVIL ACTION' AT LAW:
1) ACTION TO ENFORCE PAYMENT
OBLIGATION
2) ACTION IN BREACH OF CONTRACT
3) ACTION IN QUASI-CONTRACT
IN RE: PLAINTIFF'S COMPLAINT
ANSWER OF DEFENDANTS
AND NOW, comes Gregory Myers and Myers' Auto Sales, Defendants, by and through
their attorney, Gregory Barton Abeln, Esquire, who answers the Complaint as follows:
CLAIM I: ACTION TO ENFORCE PAYMENT OBLIGATION,
PURSUANT TO PENNSYLVANIA CONSOLIDATED STATUTES,
TITLE 13, CHAPTER 33, ENFORCEMENT OF INSTRUMENTS
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted.
12. Admitted.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Denied.
Denied.
Admitted.
Admitted.
Denied.
Admitted.
Neither admitted nor denied. After reasonable investigation, Defendant is unable to
determine the veracity of Plaintiff's allegation and tlherefore strict proof thereof is
demanded at trial.
Neither admitted nor denied. After reasonable investigation, Defendant is unable to
determine the veracity of Plaintiff's allegation and therefore strict proof thereof is
demanded at trial.
Denied. On the contrary, the Defendant supplied David C. Lebo with the check to be
held as collateral, and it was agreed between both Lebo and the Defendant that the
Defendant would pay the debt in cash, which was accomplished within two days of
the date of the check. Strict proof is demanded at trial.
Admitted.
The Defendant paid his obligation in cash. Strict proof is demanded at trial.
The Defendant paid his obligation in cash. Strict proof is demanded at trial.
The Defendant paid his obligation in cash. :Strict proof is demanded at trial.
CLAIM II: BREACH OF CONTRACT
Paragraphs one through twenty-two are fully incorporated into Claim II of this
Complaint.
Admitted.
Admitted.
Denied. The Defendant paid his obligation in cash. Strict proof is demanded at trial.
27. Denied. The Defendant paid his obligation in cash. Strict proof is demanded at trial.
28. Denied. Answering Defendant is without knowledge, information or belief
concerning Plaintiff's damages and therefore the same is denied and strict proof is
demanded at trial.
CLAIM III: ACTION IN QUASI-CONTRACT TO PRECLUDE THE UNJUST
ENRICHMENT OF TItE DEFENDANT
29. Paragraphs one through twenty-eight are fully incorporated into Claim III of this
Complaint.
30. No answer is required as this is a conclusion of law.
31. Admitted.
32. Admitted.
33. Admitted.
34. Admitted.
35. Admitted.
36. Denied. The Defendant paid his obligation in cash. Strict proof is demanded at trial.
37. No answer is required as this is a conclusion of law.
38. Denied. Strict proof is demanded at trial.
WHEREFORE, the Defendant requests that this Honon~ble Court dismiss Plaintiff's
Complaint and award to the Defendant such costs and expenses as may be reasonable.
Respectfully submitted,
ABELN LAW OFFICES
ate o(o
D Gregory Barton Abeln, Esquire '~
37 E. Pomfret Street
Carlisle, PA 17013
717/245-2851
VERIFICATION
I verify that the statements made in the foregoing document are true and
correct to the best of my knowledge, information arid belief. I understand that
false statements are made subject to the penalties of 18 Pa.C.S.A. §4904, relating
to Unswom Falsifications to Authorities.
Gregory Myers
Date
ESTATE OF DAVID C. LEBO,
Plaintiff
Vo
GREGORY MYERS and
MYERS' AUTO SALES,
Defendants
IN THE CUMBERLAND COUNTY
COURT OF COMMON PLEAS,
COMMONWEALTH OF PENNSYLVANIA
CIVIL DOCKET NO.: 03-16 CIVIL TERM
JURY TRIAL DEMANDED
CIVIL ACTION AT LAW:
1) ACTION TO ENFORCE PAYMENT
OBLIGATION
2) ACTION IN BREACH OF CONTRACT
3) ACTIOiN IN QUASI-CONTRACT
CERTIFICATE OF SERVICE
I hereby certify that I have this day served the foregoing DEFENDANTS' ANSWER TO
PLAINTIFF'S COMPLAINT by mailing a tree and exact copy addressed to the following:
Jason P. Kutulakis, Esquire
ABOM & KUTULAKIS, L.L.P.
8 S. Hanover Street, Suite 204
Carlisle, PA 17013
Respectfully submitted,
ABELN LAW OFFICES
Date
Darlene F. Mellinger
Legal Assistant
37 East Pomfret Street
Carlisle, PA 17013-3313
717/245-2851
ESTATE OF DAVID C. LEBO,
Plaimiff
V.
GREGORY MEYERS and
MYERS' AUTO SALES,
Defendants
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
· CIVIL ACTION NO.: 03-16
ORDER OF COURT
AND NOW, this ~lay of .~t~- ,2003, in consideration of the
foregoing petition, the following individuals are appointed as arbitrators in the above-
captioned action:
_/~L_~~squire
Esquire
Esquire
Distribution:
Jason P. Kutulakis, Esquire
Gregory Barton Abeln, Esquire
BY THE COURT,
¥1N\IA'I,,LS!,INsJd
,-.'~.. , .
ESTATE OF DAVID C. LEBO,
Plaintiff
Vo
GREGORY MEYERS and
MYERS' AUTO SALES,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION NO.: 03-16
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE PRESIDENT JUDGE HOFFER:
Jason P. Kutulakis, Esquire, ofAbom & Kutulakis, L.L.P., counsel for Plaintiff in
the above action, respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the plaintiff is for an amount less than Twenty Five Thousand
Dollars ($25;000.00).
3. The defendant has no counterclaim.
4. The following attorneys are interested in the case as counsel or are'otherwise
disqualified to sit as arbitrators:
a. John A. Abom, Esquire
b. Jason P. Kutulakis, Esquire
c. Kara W. Haggerty, Esquire
d. Gregory Barton Abeln, Esquire
e. Any attorney associated with Abom& Kutulakis, L.L.P.
f. Any attorney associated with Abeln Law Offices
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
8 South Hanover Street; Suite 204
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
ESTATE OF DAVID C. LEBO,
Plaintiff
V.
GREGORY MEYERS and
MYERS' AUTO SALES,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION NO.: 03-16
CERTIFICATE OF SERVICE
AND NOW, this ,~.~ day of April 2003, I, Jason P. Kutulakis, Esquire, of Abom
& Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the
foregoing PETITION FOR APPOINTMENT OF ARBITRATORS upon Gregory
Barton Abeln, Esquire, by First Class Mail at the following location:
Abeln Law Offices
Gregory Barton Abeln
37 East Pomfret Street
Carlisle, PA 17013
Attorney for Defendants
ABOM & KUTULAKIS, L.L.P.
Jasc~utulakis, Esquire
ESTATE OF DAVID C. LEBO, : 1N THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 03-16 ~ CIVIL TERM
GREGORY MYERS and :
MYERS' AUTO SALES, :
Defendants :
OATH
We do solemnly swear (or affirm) that we will support, obey mad defend the Constitution of the
United States and the Constitution of this Commonwealth and that we will discharge the duties of
our office with fidelity. ,~ ,~,. ,~2~
AWA m
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make
the following award:
~ote: If damages for delay are awarded, they shall be separately stated.)
· Arbitrator, dissents. (insert name if app~ble.)
Date of Hearing: ~ --..~tg- ~;" ,/~.~.~--"f,~'~
Date of Award: ~ -~-- ~
"' '
/-
NOTICE OF ENTRY OF AWkRD
r,-
Now, the 30 ~ day of ~..--~a.e--c.- ,20 0.5 , at/03-~ ~ , ,t/..M., the above award
was entered upon the docket and notice thereof given by mail to the part~ or their attorneys.
Artibitrators'compensation to be (~3_o3~,-4 ~
Paid upon appeal: Prothonotary
$290.00 By:
D~ ;'
ESTATE OF DAVID C. LEBO,
Plaintiff
GREGORY MYERS and
MYERS' AUTO SALES,
Defendants
IN THE CUMBERLAND COUNTY
COURT OF COMMON PLEAS,
COMMONWEALTH OF PENNSYLVANIA
CIVIL DOCKET NO.: 03-16
JURY TRIAL DEMANDED
CIVIL ACTION AT LAW:
1) ACTION TO ENFORCE PAYMENT
OBLIGATION
2) ACTION 1N BREACH OF CONTRACT
3) ACTION IN QUASI-CONTRACT
NOTICE OF APPEAL
FROM AWARD OF BOARD OF ARBITRATORS ro THE
PROTHONOTARY:
Notice is given that the Plaintiff, the Estate of David C. Lebo appeals from the
award of the board of arbitrators entered in this case on June 30, 2003.
trial is demande~.
A jury
I hereby certify that the compensation of the arbiters has been paid.
Respectfully Submitted,
wl qlo
Date
ABOM & KUTULAKIS, L.L.P.
36 South Hanover Street
Carlisle, PA 17013
(717) 249-090~31
Attorney for Plaintiff
ESTATE OF DAVID C. LEBO,
Plaintiff
GREGORY MYERS and
MYERS' AUTO SALES,
Defendants
: IN THE CUMBEPd;AND COUNTY
: COURT OF COMMON PLEAS,
: COMMONWEALTH OF PENNSYLVANIA
:
: CIVIL DOCKET NO.: 03-16
: JURY TRIAL DEMANDED
: CWIL ACTION AT LAW:
1) ACTION TO ENFORCE PAYMENT
OBLIGATION
2) ACTION IN BREACH OF CONTRACT
3) ACTION 1N QUASI-CONTRACT
CERTIFICATE OF SERVICE
AND NOW, this 2~th day of June 2003, I, Erica Blackledge, law clerk, of Abom
& Kumlakis, L.L.P., hereby certify that I did serve a tree and correct copy of the
foregoing NOTICE OF APPEAL upon Gregory Barton Abeln, Esquire, by First Class
Mail at the following location:
Abeln Law Offices
Gregory Barton Abeln
37 East Pomfret Street
Carlisle, PA 17013
Attorney for Defendants
ABOM & KUTULAKIS, L.L.P.
Erica Blackledge
36 South Hanover Street
Carlisle, PA 17013
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PNOTHONOTARY OF CUMBERLASD COUNTY
Please list the following case:
/
(Check one) ( ~ for JURY trial at the next term of civil court.
( ) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
(Plaintiff)
VS.
(Defendant)
VS.
( check one )
( ) Civil Action - Law
( %~ Appeal from Arbitration
( )
(other)
The trial list will be called on
and
Trials co~]~ence on //
Pretrials will be held on
(Briefs are due 5 days before pretrials.)
(The party iisting this case for trial shal:
provide fort[rwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1. )
Indicate the attorney who will try case for the pa~rty who files this praecipe:
Indicate trial counsel for other parties if known:
Attorney for:
Date: ?-/~--- wT~[~
CERTIFICATE OF SERVICE
AND NOW, this day of September 2003, I, Jason P. Kutulakis, Esquire, of
Aborn & Kutulakis, L.L.P., hereby certify that I did serve a tree and correct copy of the
foregoing PRAECIPE TO PLACE CASE ON TRIAL LIST by First Class Mail upon
the following:
Abeln Law Offices
Gregory Barton Abeln
37 East Pomfret Street
Carlisle, PA 17013
Attorney for Defendants
Dale F. Shughart, Jr., Esquire
38 E. High Steet, Suite 203
Carlisle, PA 17013
Counsel for Estate of David C. Lebo
ABOM & KUTULAKIS, L.L.P.
J~o~ P. Kutulakis, Esquire
18.
Estate of David C. Lebo
V
Gregory Myers and Myers' Auto Sales
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-0016 CIVIL TERM
ORDER OF COURT
AND NOW, October 7, 2003, counsel having failed to call the above case for
trial, the case is stricken from the November 3, 2003 trial term. Counsel is directed to relist the
case when ready.
~3~on P. Kumlakis, Esquire
For the Plaintiff
/regory Barton Abeln, Esquire
For the Defendant
Court Administrator
ld
By the Court,
IO-O t-o3
LARRY D. LEBO and
LINDA M. BRENIZE,
Executors of the Estate
of David C. Lebo, Deceased,
Plaintiff
VS.
GREGORY MYERS and
MYERS AUTO SALES,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: DOCKET NO. 03-16
PRAECIPE FOR JUDGMENT
Dear Sir:
Pursuant to the attached Agreement of the parties, please
enter judgment in favor of Plaintiff, David C. Lebo Estate, and
against the Defendants, Gregory Myers and Myers Auto Sales, in the
sum of One Thousand Dollars, without costs.
To:
October 14~ 2003
G~8onP. Kutula'~-~-~quire
A~M & KUTULAKIS
36 South Hanover Street
Carlisle, PA 17013
Phone: {717) 249-0900
Attorney Estate of David C.
Lebo
LARRY D. LEBO and :
LINDA M. BRENIZE, :
Executors of the Estate :
of David C. Lebo, Deceased, :
Plaintiff : DOCKET NO.
VS. :
GREGORY MYERS alnd :
MYERS AUTO SALES, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
03-16
AGREEMENT FOR ENTRY OF ~umGMENT
This Agreement for Entry of Judgment, entered this~"tday of
OC~d~ 2003, by and between Larry D. Lebo and
Linda M. Brenize, Executors of the Estate of David C. Lebo,
(hereinafter known as "Lebo"), Plaintiff and Gregory Myers and
Myers Auto Sales, (hereinafter known as "Myers") Defendant,
WITNESSETH:
WHEREAS, Myers is in the
previously conducted numerous
and
automobile sales business and had
automobile transactions with Lebo;
WHEREAS, Myers agreed to purchase a 1997 Chevrolet Lumina from
Lebo for $9,250 and in fact issued a check for said amount dated
November 16, 1999 on a Myers Auto Sales Account; and
WHEREAS, Lebo died on July 5, 2002, having the check in his
possession; and
WHEREAS, the above legal proceeding constitutes a dispute
between Lebo and Myers whether the underlying obligation of Myers
to Lebo has been satisfied, Myers contending that it has and Lebo
contending that it has not; and
WHEREAS, the case is now listed for jury trial at the November
Term of Civil Court; and
WHEREAS, it appears it is in the best interest of all parties
that this matter be settled.
NOW, THEREFORE, the parties hereto, intending to be legally
bound hereby do agree as follows:
1. Judgment will be entered in favor of Lebo and against
Myers in the sum of $1,000, without costs, upon filing of this
Agreement with the Prothonotary.
2. Myers obligation to make payment of this judgment and the
ability to Lebo to execute on this judgment is postponed and
subordinated to the obligation of Myers to make full payment of all
restitution owed in the criminal proceedings pending against Myers
in the Court of Common Pleas of Cumberland County, Pennsylvania to
Docket Nos. CR03-0790, 03-0789, and 03-0028.
IN WITNESS WHEREOF, we set our hands and seals the day and
year first above written.
Gregory Myers
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