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Home My WebLink About01-2322Donna M.J. Clark, Esquire Attorney I.D. No. 39866 Timothy J. Nieman, Esquire Attorney I.D. No. 66024 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff JOHN J. GABEL, Plaintiff, KARL E. GABEL, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW : NO. 2001-2322 Civil Term ; : JURY TRIAL DEMANDED NOTICE 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 attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned 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 or relief requested by the Plaintiff. You may lose money or property or other fights 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (7 l 7) 249-3166 403903.1 AVISO USTED HA SIDE DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe romar accion dentro de los proximos veinte (20) dias despues de la nofificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Donna M.J. Clark, Esquire Attorney I.D. No. 39866 Timothy J. Nieman, Esquire Attorney I.D. No. 66024 RHOADS & S1NON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff JOHN J. GABEL, KARL E. GABEL, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2001-2322 Civil Term JURY TRIAL DEMANDED COMPLAINT NOW COMES Plaintiff John J. Gabel, by and through his undersigned attorneys, and files this Complaint, stating as follows: 1. Plaintiff John J. Gabel is an adult individual with a business address of 981-B Trindle Road, Mechanicsburg, PA 17055. 2. Defendant Karl E. Gabel is an adult individual with a business address of 1230 Wayne Avenue, Reading, Pennsylvania, 19601. 3. Venue is proper in this Court because a transaction or occurrence took place in Cumberland County out of which the cause of action arose. 4. At one tune, John Gabel and Karl Gabel were equal shareholders in an entity known as KMJ Associates, Inc. ("KMJ"). 5. While John Gabel and Karl Gabel owned KMJ, KMJ purchased real property located at 42-2 Laurel Spring Court, Mt. Penn, Pennsylvania (the "Property"). 6. KMJ sold the Property on or about October 21, 1991 and KMJ placed the proceeds in an escrow account (the "Escrow Account") held by Berkshire Real Estate Network. The amount initially deposited into the Escrow Account was $14,978.91. 7. John Gabel and Karl Gabel agreed that John Gabel would receive the entire amount in the Escrow Account. 8. Unbeknownst to John Gabel, on or about April 21, 1997, Karl Gabel signed John Gabel's signature to a letter authorizing Berkshire Real Estate Network to release the monies in the Escrow Account to Mary Gabel. (A tree and correct copy of this letter is attached hereto as Exhibit "A"). Karl Gabel was not authorized to sign John Gabel's name to this letter and John Gabel did not, and does not, consent to the money in the Escrow Account being paid to Mary Gabel. 9. As of April 22, 1997, the amount in the Escrow Account had grown to $17,275.02. It is believed, and therefore averred, that Berkshire Real Estate Network distributed this amount to Mary Gabel on or about April 22, 1997. 10. On or about March 8, 2000, John Gabel first became aware that the unauthorized transfer from the Escrow Account had occurred. COUNT I Fraud 11. Paragraphs I through 10 are incorporated herein by reference. 12, Karl Gabel promised that John Gabel would receive the proceeds of the sale of the Property. Despite this promise, Karl Gabel did not pay the proceeds of the Property to John Gabel. Instead, Karl Gabel's representation was false and induced John Gabel to sell the Property. 13. Without authorization or approval, Karl Gabel signed John Gabel's name to a letter authorizing the Berkshire Real Estate Network to transfer the money to Mary Gabel. 14. John Gabel was justified in relying on Karl Gabel's representation. 15. John Gabel has been damaged in the amount of at least $17,275.02. WHEREFORE, Plaintiff John J. Gabel respectfully requests that this Court award him damages in an amount in excess of $17,275.02 plus punitive damages, interest, costs, attorneys' fees and any other relief that this Court deems appropriate. COUNT II Breach of Contract 16. Paragraphs 1 through 15 are incorporated herein by reference. 17. Karl Gabel promised John Gable that John Gabel would receive the proceeds of the sale of the Property. Karl Gabel made this promise because John Gabel had allowed Karl Gabel to receive the proceeds of other properties owned and sold by KMJ. 18. Despite this promise, Karl Gabel did not pay the proceeds of the Property to John Gabel. 19. Without authorization or approval, Karl Gabel signed John Gabel's name to a letter authorizing the Berkshire Real Estate Network to transfer the money to Mary Gabel. 20. John Gabel has been damaged in the amoum of at least $17,275.02. WHEREFORE, Plaintiff John $. Gabel respectfully requests that this Court award him damages in an amount in excess of $17,275.02 plus interest, costs, attorneys' fees and any other relief that this Court deems appropriate. RHOADS & S1NON LLP Date: October 9, 2001 By: Donna M.J. Clark Timothy J. Nieman One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Sent by: BERKSHI'RE RE.EAST 610 370 1007; 0~108,.,.1 14:40; ~ ~225;Pege 2;3 Dear This letter is autho~zinl~ the r~ ofth~ ~ ~. {~. ~row e~t From B~ oFP~ PJe~e ~d chg~ m o~ m~rat t~ ~{Iowfn{ ~dd~: ~7 CI~ Ave. Thank you for your ardent/on to this m~tcr. Exhibit A 10/02/01 15:47 .FAX 717 231 6626 RHOADS&SINON LLP ~002 .VERIFICATION John J. (}abel, deposes and says, subject to thc penalties of lg Pa C.S. § 4904 r~lating to unswom falsification to authorities, that thc fac, ts set forth i~ ~ae foregoing document are true and correct to the best ofkis knowledge, info, s~ation and belief. CERTIFICATE OF SERVICE I hereby certify that on October 9, 2001, a true and correct copy of the foregoing document was served by means of facsimile and United States mail, first class, postage prepaid, upon the following: Terry D. Weiler, Esquire Hoffert, Huckabee & Weiler, P.C. 1136 Penn Avenue P.O. Box 6895 Reading, PA 19610 Donna M.J. Clark, Esquire Attorney I.D. No. 39866 Timothy J. Nieman, Esquire Attorney I.D. No. 66024 RHOADS & Si[NON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff JOHN J. GABEL, Plaintiff, KARL E. GABEL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW : : : : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO: THE PROTHONOTARY Please issue a Wrlt of Summons against the following Defendant: Karl E. Oabel c/o Advanced Petroleum Contractors, Inc. Columbia and Mount Home Roads Sinking Spring, Pennsylvania 19608 Date: April 20, 2001 RHOADS & SINON LLP By: Donna M.J. Clark Timothy J. Nieman One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 265892.1 Commonwealth of Pennsylvania County of Cumberland John J. Gabel Court of Conunon Pleas Karl E. Gabel In Civil Action - Law c/o Advanced Petroleum Contractors, Inc. Columbia and Mount Home Roads Sinking Spring, PA 19608 You are hereby notified that John J. Gabel the Plaintiff haS commenced an action in ......... -C__iy_i_i___A_c_t_i_oP__2_.L~__w_ ......................... against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date- _ _Ap_z]i_ _1 _ _2_0_ [ _ _2_0_0_1_ ........... 19 .... Curtis R. Long Prothonotary' H Donna M.J. Clark, Esquire Attorney I.D. No. 39866 Timothy J. Nieman, Esquire Attorney I.D. No. 66024 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff JOHN J. GABEL, KARL E. GABEL, Plaintiff, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW NO. 2001-2322 Civil Term : JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO: THE PROTHONOTARY Kindly reissue the Writ of Summons in the above-captioned matter that was originally issued on April 20, 2001. RHOADS & SINON LLP Clark Timothy J. Nieman One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Date: June 13, 2001 362611.1 SHERIFF'S RETURN - OUT OF COUNTY ~E NO: 2001-02322 P ~ {MONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GABEL JOHN J GABEL KARL E VS R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT GABEL KARL E but was unable to locate Him deputized the sheriff of BERKS serve the within WRIT OF SErMMONS Sheriff or Deputy Sheriff a diligent , to wit: who being search and in his bailiwick. He therefore County, Pennsylvania, to On May 25th , 2001 attached return from BERKS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Berks Co 21.14 .00 58.14 05/25/2001 RHOADS & SINON Sworn and subscribed to before me this __/~ day of ,~ ~ this office was in receipt of the So a~e~e~r~ ///~ ~z Rl/T~t~Smas l{line /~h~riff of Cumberland County Barr SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 ~/ P ho ne 610-478-6240 Fax 610-478-6222 , Jozwiak, Sheriff Eric ~ Weaknecht, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 01-2322 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, RICKY SCHLOUCH, Deputy for Barry J. Jozwiak, Sheriff of Berks Count5,, Pennsylvania, who being duly sworn according to law, deposes and says that after diligent search having been made by him, he was unable to f'md KARL E. GABEL, C/O ADVANCE PETROLEUM CONTRACTORES, INC, within named defendant, within this bailiwick. DEP~Y S~RIFF OF BERKS CO., PA NOTE: THE GIVEN ADDRESS IS A DENTIST OFFICE FOR AT LEAST TWO YEARS. Sworn.a~ subscribed before me TAMMY RODRIGUF2, Nota~ PulSe Reading, 8erks Counly, PA My Commiss=or, Expires 10-,06-2003 PA "NOT FOUND" as to the above named defendant. So Answers, Sheriff's Costs in Above Proceedings $ 75.00 DEPOS1T $ 21.14 ACTUAL COST OF CASE $ 53.86 REFUND ATTACHED All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive fi.om the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriff's fees and the same before he shall be obligated by law to make return thereof. __Sec. 2, Act of June 20, 1911, P.L. 1072 a The Court of Common Pleas of Cumberland Count, Pennsylvania John J. Gabel Karl E. Gabel c/o Advance Petroleum Contractors No. 0tz2322 Civil Inc ~05~, 4/24/01 ,20 0 ~., I, SHERIFF OF C~J1VfBERLAND COLq'4T¥, PA, do hereby deputize the Sheriff of Berks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA /N,Tow~ wi;lain upon ~y bm%ding to and made known to Affidavit of Service ,20 ,at o'clock copy of the original ~0 ansx3;ers, served the the contents thereof. Sworn and subscribed before me this day of ,2O Sheriff of COSTS SERVICE 5/kq~EAGE ?3FIDAVIT County, PA SHERIFF'S RETURN - CASE NO: 2001-02322 P COMMONWEALTH OF PENNSYLVAiqIA: COUNTY OF CUMBERLAND GABEL JOHN J GABEL KARL E VS OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, GABEL KARL E but was unable to locate Him deputized the sheriff of BERKS serve the within WRIT OF SUMMONS-REISSUED He therefore Pennsylvania, to On June 28th 2001 , this office was in receipt of the attached return from BERKS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Berks Co 24.45 .00 61.45 06/28/2001 RHOADS & SINON Sheriff of Cumberland County Sworn and subscribed to before me this 9 ~ day of 2~ I A.D. Prothonotary SHERIFF OF BERKS COUNTY Phone:610-478-6240 MainFax:610-478-6222 Sheriff Fax:610-478-6072 Barry Jozwiak, Sheriff Eric J. Weaknecht, Chief Deputy AFFIDAVIT OF SERVICE DOCKETNO. 01-2322 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, MATTHEW NGUYEN, Deputy for Barry J. Jozwiak, Sheriff of Berks County, Pennsylvania, who being duly sworn according to law, deposes and says that on JUNE 21,2001 at 3:15 PM,, he served tbe annexed WRIT OF SUMMONS upon KARL E. GABEL, C/O ADVANCED PETROLEUM CONTRACTORS, within named defendant, by handing a copy thereof to BOB SEIDEL, VICE PRESIDENT, at 1230 WAYNE AVENUE, READING, Berks County, Pa., and made known to defendant the contents thereof. DEPUTY SHERIFF OF BEP, J~ C(~ PA Swor!k and subscribed before me this/'~TM day of JUNE, 2001 OTAR~ P " ~OT~Y~ SEAL TAMMY RO~,q~GUEZ, NOIary Public Reacling, Berks County, PA My Comrnisstor~ Exp~re~ 10-06-2003 Service made as set forth above. SHERIFF OF BEPoKS COUNTY, PA Sheriff's Costs in Above Proceedings $ 75.00 DEPOSIT $ 24.45 ACTUAL COST OF CASE $ 50.55 AMOUNF OF REFUND All Sheriffs Costs shall be due and payable when services are performed, and it shall be laxvful for him to demand and receive fi'om the party instituting the proceedings, or any part liable for the costs fhereof, all unpaid sheriff's fees on the same before he shall be obligated by la~v to make return thereof. __Sec. 2, Act of June 20, 191 I, P.L/ 1072 In The Court of Common Pleas of Cumberland County, Pennsylvania John J. Gabel VS. Karl E. Gabel SERVE: Karl E. Gabel No. 01 2322 civil NOW, June i5, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of ~erks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at by handing to a mad made ~known to Affidavit of Service ,20 ,at o'clock M. served the copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,2O Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA