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12-1617
ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHESTER LEBO d/b/a LEBO STABLES, Plaintiff, :No. Aid, I U/ 6.1(i t Vs. STANDARDBRED INCORPORATED and PINNACLE RACING, LTD. Defendants CIVIL ACTION -LAW ? i 77 NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 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 rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATIONABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSON AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 Telephone: (717) 249-3166 S) am} 0 03.75 fd ? r# ?FloO/ 61AI ?? a?a-3Yy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHESTER LEBO d/b/a LEBO STABLES, : No. Plaintiff, VS. CIVIL ACTION -LAW STANDARDBRED INCORPORATED and PINNACLE RACING, LTD. Defendants COMPLAINT COMES NOW the Plaintiff, Charles Lebo, d/b/a Lebo Stables, by and through its attorneys, Blakey, Yost, Bupp & Rausch, LLP and files its Complaint, the following of which is a statement. 1. Plaintiff, Chester Lebo, is an adult individual doing business as Lebo Stables, with a business office at 2840 Ritner Highway, Carlisle, Pennsylvania 17015. 2. Defendant, Standardbred Incorporated is believed to be an Ohio corporation, with business offices at 7100 Lockwood Boulevard, Suite 113, Boardman, Ohio 44512. Standardbred Incorporated is believed to be in common ownership with Defendant Pinnacle Racing, Ltd. 3. Defendant Pinnacle Racing, Ltd, is believed to be an Ohio corporation, with business offices at 7100 Lockwood Boulevard, Suite 113, Boardman, Ohio 44512. 4. Jurisdiction is proper over both Defendants because the transactions at issue herein took place in the Commonwealth of Pennsylvania. 5. Venue is proper in Cumberland County because the transactions at issue herein occurred in Cumberland County, and the cause of action arose in Cumberland County. COUNT I -CATER LEBO d/b/a LE&O STABLES v_I& WABPMD INCORPORATED (UNPAID REPAIR EXPENSES) 6. Plaintiff incorporates by reference paragraphs 1 through 5 above, as if set forth herein in their entirety. 7. On or about September 2009, Plaintiff and Defendant Standardbred Incorporated entered in a verbal agreement for Plaintiff to provide equine training services to several of Defendant's horses in exchange for fees to be charged by Plaintiff at its usual rates. 8. All services were furnished by Plaintiff pursuant to the agreement. 9. Defendant did not refuse or reject any portion of the services famished by Plaintiff, nor did Defendant ever indicate that the services were defective in any way. 10. Plaintiff invoiced Defendant for the equine training services he provided totaling $45,035.00 from January 2010 to June 30, 2011. Copies of Plaintiffs invoices are attached as Exhibit "A". 11. The prices Plaintiff charged Defendant were the fair, reasonable and market prices for the items provided by Plaintiff, and are the prices Defendant agreed to pay. 12. Although a demand has been made, Defendant has failed to pay all or any part of the balance of the Forty-Five Thousand Thirty-Five and 00/100 ($45,035.00) Dollars. COUNT U -CHESTER LEDO d/b/s LEBO STABLES v. PINNACLE RACING. LTD. (UNPAID FEES) 13. Plaintiff incorporates by reference paragraphs 1 through 12 above, as if set forth herein in their entirety. 14. On or about September 2009, Plaintiff and Defendant Pinnacle Racing, Lt& entered in a verbal agreement for Plaintiff to provide upkeep and fuel for Defendant's 2006 Dodge Pickup Truck (hereinafter referred to as "the vehicle), for which Defendant would be responsible. 15. All services were furnished by Plaintiff pursuant to the agreement. 16. Defendant did not refuse or reject any portion of the services to the vehicle provided to Plaintiff on behalf of Defendant, nor did Defendant ever indicate that the services were defective in any way. 17. Plaintiff invoiced Defendant for the upkeep required for the vehicle he provided totaling $3,004.99 and fuel required for the vehicle totaling $8,305.38 from January 2010 to June 30, 2011. Copies of Plaintiff s invoices are attached as Exhibit "B". 18. The prices Plaintiff charged Defendant were the fair, reasonable and market prices for the items provided to Plaintiff on behalf of Defendant. 19. Although a demand has been made, Defendant has failed to pay all or any part of the partial balance of the Eleven Thousand Three Hundred Ten and 37/100 ($11,310.37) Dollars. 20. The total amount claimed between the two Counts of this Complaint exceeds the jurisdictional limit requiring arbitration. WHEREFORE, Plaintiff, Chester Lebo, d/b/a Lebo Stables, demands judgment against Defendants, Standardbred Incorporated and Pinnacle Racing, LLC, in the amount of $56,345.37 with interest and costs of suit. Respectfully submitted, BLAKEY,YQ$T, r(JPP)& BAUSCH, LLP By: Bradley-Mber, Esquire Counsel for Plaintiff 17 East Market Street York, Pennsylvania 17401 Supreme Ct. LD. #PA 69317 Telephone (717) 845-3674 B LeberAblakevvost. com MAP-0R?-2P'.2 ".2:4.6 VERWICAMN I verify that the information set forth in the foregoing Complaint is Um and coil act to the best of my lmowledge, infi noation and belief. I undm t and *9 any Mw oftleumm oomm iced herein are subject to the penalties of 18 Pa. C.S. 4904, relating to unswan llrui$pdon to authorities. Lebo Stables Q Q, -- ?a By. C.3..?. Cl edw Lebo P. 02/02 TOTAL P.02 ?;,?, P ??` grANDARDBRED RACING AND 7RABONG Lebo Stables 2840 Ritner Highway Carlisle, PA 17015 (7171776-7074 Horse - M, Date: From To Owner Q% rCNC^Xc e Q.c---t I ,I Training Fee Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees Miscellaneous `i cg a s. o-c5 Total $ J S, lad . c5 a A% sTANDARDBRED RACING AND TRAINING Lebo Stables 2840 Ritner Highway Carlisle, PA 17015 (717) 776-7074 Horse P ?l Date: From a' t To a - a ?? ? O Owner Training Fee ,S 9 j q, 0,1 Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees Miscellaneous Pc s- `7 acs, d? Total STANDARDBRED RACING AND TRAINING Lebo Stables 2840 Ritner Highway Carlisle, PA 17015 (717) 776-7074 Horse i) X? Date: From 1- To Owner Training Fee act Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees Miscellaneous a - ?L \ ' I Q Q . 7 Total PoaB - _ I 0 of o • o c? sTANDARDBRED RACING AND TRAiMNG Lebo Stables 2840 Ritner Highway Carlisle, PA 17015 (717) 776-7074 Horse Pt 11 Date: From `4' l` 10 To'-- ltd Owner Qx nn-cac.`e ?6 - I d) Training Fee :16-Acs oa Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees Miscellaneous M% Total $ ,---?. STANDAADBRED RACING AND TRAINING Lebo Stables 2840 Ritner Highway Carlisle, PA 17015 (717) 776-7074 Horse P Date: From 5-1- \ O To S - 3 \ - l c'? Owner po Y„? ale ?ac..? s Training Fee G. LL 7,5-. cj--, Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees ulwallamnpA is 1tr?a.` 017. I1?t. Ub Total ?Tj ? 4 _ 24 STANDARDBRED RACMNG AND TRAtMNG Lebo Stables 2840 Ritner Highway Carlisle, PA 17015 (717) 776-7074 Horse PAS Date: From ?-- ?- o To Owner ?.r nQ&.. Y Q ? Training Fee Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees e MiscalI&RousQ-e.-1- b..e cal ?, t t4 . o 0 ?l ? obd a a Total $ ?, 559, oa STANDARDBREED RACING AND TRAIMNG Lebo Stables 2840 Ritner Highway Carlisle, PA 17015 (717) 776-7074 Horse PWk- Date: From y - k - k n To -7 - ?- Owner ?,.?.d? d. c). •e Q ?s? s? Training Fee 7 Y t, Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees Miscellaneous Total a U, ss 4, oZs $ a?.3y?ob A% STANDARDBR® RACING AND TRAINING Lebo Stables 2840 Ritner Highway Carlisle, PA 17015 (717)'776-7074 Horse Date: From S To Owner tit Training Fee 5 C7 S S. o a Board k Veterinarian I Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees Miscellaneous Total $ 3 , ?1 C'?O . oa r M% STANDARDSRED RACING AND TRAn QNG Lebo Stables 2840 Ritner Highway Carlisle, PA 17015 (717) 776-7074 Horse Date: From S ?- b To q - 30-16 Owner a Training Fee Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees Miscellaneous 3 r-l f L4 Cb. o a Total 3$.646. Loa STANDAWSM RACING AND TRAMG ON Ak tables Lebo S 2840 Ritner Highway Carlisle, PA 17015 (717) 776-7074 Horse 1? - 1.. kk !d, s &. 2, cy\.T.e\e IQ AEt.5 Date: From l? l- l6 To ib - 3l \0. Owner p YNT?%C -J#. Training Fee ? a 5 . o0 Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees Miscellaneous Dc? Total e)-b M% STANDARDBRED RACING AND TRAINING Lebo Stables 2840 Ritner Highway Carlisle, PA 17015 (717) 776-7074 Horse CYNAV n Date: From Al- - To ?- 3© - Oumer ?C..C- L Training Fee Soo . Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees Miscellaneous Pe-`t 4Z 3Q_V ?S• as Total $ 3y,}gtS, oa M% - Azz. STANDARDBRED RAaNG AND TRAINING Lebo Stables 2840 Ritner Highway Carlisle, PA 17015 (717) 776-7074 Horse ?.: ?l ?,,,.?.:,?- i`c?.,?.? Date: From _ ?a- - i u Ta a- 31- o Owner ?• ?? e ?. • y Training Fee Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees Miscellaneous Total 34.q?5. C?, zs ci? i STANDARDSRED RACING AND TRAINING Lebo Stables 2840 Ritner Highway Carlisle, PA 17015 (717) 776-7074 Horse Date: From - ?? To Owner VNN. CNe Training Fee 3 a• ?,? Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees Miscellaneous U- - L?X, a-65. cia Total Aa-1.555. as i A% I'. y • STANDARDBR® RACING AND TRAINING Lebo Stables 2840 Ritner Highway Carlisle, PA 17015 (717) 776-7074 Horse Date: From To a - a? - ?l Owner Training Fee a m, a Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees Miscellaneous o0 1\a. , SS'. Total $ \3 .'? 5 S . 0z 2s M-." sTANDARDBRFD RACING AND TRAINING Lebo Stables 2840 Ritner Highway Carlisle, PA 17015 (717j 776-7074 Horse : c ? Date: From To 3 r 3 0- ?, Owner b Training Fee Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees Miscellaneous V? )>...-e y3, ?7 ss.Qk-Q Total `45.0 j!'>3 S. c'16 A% SrANDARDBRED RACING AND TRAM= Lebo Stables 2840 Ritner Highway Carlisle, PA 17015 (717) 776-7074 Horse _ VY\ l pry fv t ,Am`-e Date: From `k- t- ?L To Owner Qc e r Training Fee t.? ay . a a Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees Miscellaneous ?15.C?3S. oa Total A% STANDARDBRED RACING AND ?RAINING Lebo Stables 2840 Rimer Highway Carlisle, PA 17015 (717) 776-7074 Horse _ AIL ?- 2 t N--\,L 2 ru-,C 5 Date: From To Owner ?•Y,•?•?l? Q? .: Training Fee 'i?A5-E -b%.A-- Board Veterinarian Shoeing Supplies Equipment Paddocks Shipping Commissions Entry Fees Miscellaneous 1j.?sQ,? ?•.?.? gi3 5.3 S 1Cc u,ck Re?c?rS Total - $ ?? 3? ???? ?,? SCOTT'S TOWING & REPAIR 228 Hunters Road Newville, PA 17241 Cell: (717) 226-5689 Shop: (717) 776-0336 AUTO REPAIR ORDER NAME ADDRESS CITY. STATE DATE V.I.N. OLD ODOMETER # REGISTRATION # YRlMAKE/BODY_ CURRENT ODOMETER # r_E PHONE ENGINE STICKER # I t ; I 1 I e ? I - H of ?_ •Iv.?f r J e 1 E• • I • 1 , , I I • ; I t t t • 1 i t • 1 t T47At, PARTS 7LMFLUR RF RR TIRES LA@OR ONLY PARTS BRAKES LF LR RF RR ACCESSORIES SUBLET REPAIRS INSURANCE COMPANY NAME EFF. DATE SUB TOTAL $•" TAX POLK;Y # EXP. DATE AUTHORIZED BY TOTAL " 11i?pEMA11111DMEA?QYEIAK>NOI?If0EQ0EALM11E ApM9R1?1GANREBI?MIER]IfRSMWMIIgEM#11d?D 1"Ilpe?islwf?wlwr7g4fewplie?llwwf NECESSIIgYl USALM4WM0"rMLOM ??dR$??0 AE??R1!KfINT?LESSIIWIT1??11?TEMITi?tIDEE1R E911E PHM?NTOTiREINKIF dR> GIICI1991RtEtE#ENTOE>I aT ESTiM?M01CImm"APEAlIIS.40NY0NR901AasOwl IRIppUETUIIR 2P11-1 dVMF* tMdweklweariwyi/iepipedetcleit _ STgEET; M4NMans aN EtEEwI? 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DATE SUB TOTAL Y" ;r I.. TAX :?+ POLICY # EXP. DATE AUTHORIZED BY TOTAL tt MECEtfMrW?rEIISL?OxBiEir616wtr0YmioouraR °` •Y°±•i°"•4cow?...c?eznrf?ffrfnEfaistsrauwwE?uxo?D f.f.?,ms?w.?iyMdeprey.gs _ iittllO?i II?ISJMRIKEiMtEt?i?NN?ESIMNE.MIFN1lMOIE1ICEEDTNE PENR d11001?1?1E11EC?1 t{?t ff R1 b ESifiNIEWNOUI IRPEOIISSM YototS gImw1u94RJITEV" t Pbm0?ae'vmfWkwdw*bdwcaide?i/eyio?a?.ew/s SIR T5 MdIMAYS9R8 fOk fE/1NpfE0FlE?ffCMOR/t ESAM[ESHECm - WlfCf10N-MIE?IESS1 MrGSIE?ISME11ESfJI q?AIN TUAMMESUM1 -4 MDEMA 0TN I My CAR MIL BE REAS$1tED ] IOond-W a eft* CAR TRUCK OR VENNCIE TO SECURE THE AfiD11Rf OF RE AM TIEIETO mzrIl= WE DO M s I CHOW xof FO +WfNORITE INE AUTO REPAIR O R D E iR swWs TowiNG&REPAiR 228 Hunters Road AuTo REPAIR ORDER Newville, PA 17241 Cell: (717) 226-5689 Shop: (717) 776-0336 NAME ADDRESS x'. J CITY, STATE • DATE V.I.N. _ REGISTRATION * YR/MAKE/BODY r' PHONE ENGINE OLD ODOMETER # CURRENT ODOME STICKERS SUBLET REPAIRS INSURANCE COMPANY NAME EFF. DATE SUB TOTAL ,. TAX POLICY # EXP. DATE AUTHORIZED BY (ri JIM TOTAL 4 r EIEM11 ELEA vffAw,,G%WV1117TEti01EAl01CU91TtE rOUMEEM11a104prEE51Mt1EfONDE1 SrOUwwEMI1NON?0 i. Iwperi?.afnwYiyMbirle+al 9999im ALNl1 1'6NMC Mp?Rp 11ENPURPIUMbf E Y1E1lEt?4tlM QMQgEIE {iN yokomnTINTALL OTEym z Fhml 4150RQ F0?11EY'MMO Ofi G1rI?OR i3TIW1 salcROM RIESStECIW?S?EM6 YIIdpq .QIN?UE TEA1DQW Uffi I11E-.ItM10ERSTAIO TWIT W CAR Witt K REASSMEO 7 1bia• a?e6tle VEHRAE 10 $dIRE THE A401R/T OT REIARS -TIF71ET0 =- OiIK Z O IMTE D OM f. I CHOW HOT TO AUIMMU THE I, ?ROEO AUTO REPAIR ORDER n? r ARRIrK UE SALE .-at Prke$ Quality Tres at Discou- - 455,Center Road Newville, PA 17241 7?7-T16-5?62 All Clams and returned ied by this till. ?/ ISan ou t?AUST be se?^'p°^ l Ll?s+? - NO Cash Refunds - Check Lugs After Mounting 4. tl 6[ 7 ??.1 i.J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL)2W-k ' R 21 AM 11: a 9 CHESTER LEBO d/b/a LEBO STABLES, Plaintiff, VS. STANDARDBRED INCORPORATED and PINNACLE RACING, LTD. Defendants CUMBERLAND COUNTY No. 2012-1617 Civi1_NSYLVANIA CIVIL ACTION -LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF YORK : ss Before me, a Notary Public, in and for said County and State, personally appeared Sarah E. Glatfelter, who, being duly sworn according to law, deposes and says that on March 15, 2012, she mailed to Standardbred Incorporated, a true and correct copy of the Complaint filed in said matter, by Certified Mail, Return Receipt Requested, as appears by mailing receipt # 7009 2810 0001 8908 4846, attached hereto and made a part hereof and that the said Complaint was served on the said Standardbred Incorporated on March 17, 2012, as appears by the return receipts attached hereto and made a part hereof. BLAKEY, YOST, BUPP & RAUSCH, LLP Sworn and subsc ' to before this M day of , 2012. No Public My Commission expires: COMMOWWE?A67HOF VANL4 SEAL ILEEN S.I(Rt)1 , Nd wy Pubic Cky of Yak, York County C? ' Awch 28, 2013 &W?_) Sarah E. Glatfelt ' , Paralegal I CERTIF ED HAIL RECEIPT ..D (Domestic hf?d JnIV, Pio Insurance (,overage Provided) Cn 1 L USE o 0" Pos age $ ! C 2? I "?? CO eJ Certified Fee ra Postmark 0 Retum Receipt Fee p (Endorsement Req. red) Here E3 stricted H n 0 (Enement Reequ reed) RU 31 cp Total Postage & F see $ ?? ?f 1 b ? 1 "`? WJ ru ---- ----- I &)tt Liq 0 ? I ¦ Complete items 1, 2, and 3.. Also complete 10 A. S ra i item 4 If Restricted Delivery Is desired. X ? Agent j ¦ Print your name and address on the reverse 13 Addresst so that we can return the card to you. B. ived (Pdrded Nan) C. Date of Delive j ¦ Attach this card to the back.of the mallplece, r L 1 -4 3-11-11 I or on the front If space permits. j 1. Article Addressed to: D. Is delivery address different fFonn item 1? ? Yes If YES, enter delivery address below: ? No I °I l o© ?nCxkLX)flCL VOW8 ` j 44C I ` 3. Service type CVertitied Mail ? Express Mail ? Registered 21 m Receipt for Merchandl, ? Insured Mail ? C.O.D. I 4. Restricted Delivery? (Extra Fee) ? Yes n 2. Article Number. __-- 7009 2820 (Transfer from service labs!) 0001 8908. 4846 I Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHESTER LEBO d/b/a LEBO STABLES, Plaintiff, vs. STANDARDBRED INCORPORATED and PINNACLE RACING, LTD. Defendants No. 2012-1617 Civil rn Mr CIVIL ACTION -LAW ? f .- r ? A 22 r- ZZ _) , - Z AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF YORK ss Before me, a Notary Public, in and for said County and State, personally appeared Sarah E. Glatfelter, who, being duly sworn according to law, deposes and says that on March 15, 2012, she mailed to Pinnacle Racing, Ltd., a true and correct copy of the Complaint filed in said matter, by Certified Mail, Return Receipt Requested, as appears by mailing receipt # 7009 2810 0001 8908 4839, attached hereto and made a part hereof and that the said Complaint was served on the said Pinnacle Racing, Ltd., on March 17, 2012, as appears by the return receipts attached hereto and made a part hereof. BLAKEY, YOST, BUPP & RAUSCH, LLP Sworn and subscribed to before m this day of , 2012. qAp . 6 n?A? ?/' Notary Public My Commission expires: COMMONWEALTH OF PEMAMVAMA NOTARIAL SEAL ILEEN S. KRONE, Notary Pubk City of York, York County CwaWion Eores March 28, 2013 Sarah E. Glatfelter, P ega 77 CERTIFIED MAIL RECEIPT 0" (D.rriestic Mail Only; No Insurance Coverage Provided) M 43 E7_01- V1 CAAL IJ94E C3 Er Postage $ CO Certified Fee ? Postmark Q Return Receipt Fee Here Q (Endorsement Required) Q Restrcted Delivery Fee q? Q (Endorsement Required) I 1 4 ru ? N Total Postage & Fees $ lJ?+? 9t I sent To n C3 or PO Box ft. ?.?_ - e;in scare-------- ? S1 1_ a ¦ r ¦ Complete Items 1, 2, and 3. Also complete A. Signatu Item 4 If Restricted Delivery is desired. X ? Agent ¦ Print your name and address on the reverse ? Address( so that we can return the card to you. B. eceiv y (Printed N e) C. Date of Deliver ¦ Attach this card to the back of the mailpiece, 15 tc or on the front if space permits. D. Is delivery address BW=t m item 1? ? Yes ? 1. Article Addressed to: If YES, enter delivery address below: ? No LO W 06th ` . Qom, . .8 n. _ 0_??? _ 3. Service Type dtSLJl l1J t VI Le Ptertrfied Mail ? Wress Mail ? Registered 2"lleturn Receipt for Merchandis ? Insured Mail ? C.O.D. u 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number - (Transfer from serdce le? 7009 2820 0001 8908 4839 Ps Form 3811, February 2004 Domestic Return Receipt 102695-02-M-1 5z 0 BAYLEY & MANGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Attorney I.D. #87663 L _L 7 r Vi TFI? ( ftw ?L3 f`7 1312 APR 20 PM 27 CUMBERLAND Ct Uki ;PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHESTER LEBO d/b/a : No. 2012-1617 CIVIL LEBO STABLES, Plaintiff : CIVIL ACTION - LAW vs. STANDARDBRED INCORPORATED and PINNACLE RACING, LTD. Defendants NOTICE TO DEFEND AND PLEAD 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 these counterclaims 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 counterclaims or for any other claim or relief requested by the defendant. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. BAYLEY & MANGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Attorney I.D. #87663 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHESTER LEBO d/b/a : No. 2012-1617 CIVIL LEBO STABLES, Plaintiff : CIVIL ACTION - LAW VS. STANDARDBRED INCORPORATED and PINNACLE RACING, LTD. Defendants DEFENDANTS' ANSWER NEW MATTER, AND COUNTERCLAIMS AND NOW, come the Defendants by and through their attorney, Mark F. Bayley, and submit the following Answer to the Complaint filed March 13, 2012, New Matter, and Counterclaims: ANSWER 1. Admitted in part and denied in part. It is admitted that Chester Lebo does business as "Lebo Stables." It is denied that this is the only business entity used by Chester Lebo that is relevant to the within matter. 2. Denied. By way of further answer Standardbred Incorporated (hereafter referenced as "Standardbred") is a Delaware Corporation. 3. Denied. By way of further answer Plaintiff incorrectly refers to Defendant as Pinnacle Racing, Ltd.; Defendant's proper entity name is Pinnacle Racing Stable, Inc. (hereafter referenced as "Pinnacle"), which is a Delaware Corporation. 4. Admitted in part and denied in part. It is admitted that jurisdiction is proper in the Commonwealth of Pennsylvania; it is denied that transactions took place as described by Plaintiff. 5. Admitted in part and denied in part. It is admitted that venue is proper in Cumberland County; it is denied that transactions took place as described by Plaintiff. 6. No response necessary. Admitted. By way of further answer the parties entered into various other relating agreements as set forth below. 8. Admitted in part and denied in part. It is admitted that Plaintiff provided some services for the benefit of Pinnacle and pursuant to agreement between the parties. It is denied that "all services" referred to by Plaintiff in the body of the Complaint were carried out for the benefit of Defendant(s) or pursuant to agreement between the parties. 9. Admitted in part and denied in part. By way of further answer Plaintiff never invoiced Defendant(s) for anything after August of 2010 pursuant to agreement between the parties as set forth below. 10. Denied. By way of further answer Plaintiff did not provide invoices dated after August of 2010 to Defendant(s) and provided no services on behalf of Defendant(s) or upon agreement with Defendant(s) after August of 2010 11. Denied. 12. Admitted in part and denied in part. It is admitted that Defendant has not paid Plaintiff sums of which Plaintiff is not entitled; it is denied that Defendant has "failed" in any of its legal obligations. 13. No response necessary. 14. Denied. By way of further answer an accurate description of the parties' agreement regarding said equipment is set forth below. 15. Denied. 16. Denied. By way of further answer the Plaintiff never previously invoiced Defendant(s) for any such alleged costs (pursuant to agreement between the parties as set forth below); Defendants were not required by agreement to pay any such costs; Defendants have not "refused" to perform any legal obligation. 17. Denied. 18. Denied. 19. Admitted in part and denied in part. It is admitted that Defendant has not paid Plaintiff sums of which Plaintiff is not entitled; it is denied that Defendant has "failed" in any of its legal obligations. 20. Admitted. WHEREFORE, the Defendant requests that Plaintiffs claims be denied. NEW MATTER 21. Previous paragraphs are incorporated herein. 22. John C. Green is an agent for Pinnacle and Standardbred and all of his acts averred herein were carried out on behalf of Pinnacle and/or Standardbred. 23. Chester Lebo is an adult individual and an agent for Lebo Stables and such other business entities that relate to Lebo Stables. 24. In or around the end of 2009 Mr. Green, on behalf of Pinnacle, entered into an agreement with Mr. Lebo which essentially included the following terms: a. Five of Pinnacle's racehorses would be shipped to Mr. Lebo for the purposes of training and conditioning; b. For said training and conditioning services, Mr. Lebo would receive consideration of $45 daily fees per horse along with transportation reimbursement/fees pertaining to said horses; and c. Pinnacle would be entitled to all race purse awards earned by the horses while in Mr. Lebo's care. 25. Soon after the above agreement was reached Pinnacle shipped its following five horses to Mr. Lebo: Come Together, Monet's Lilly, Bella Bionda, Millionaire Mindale, and Extrema Velocita. 26. In or around December of 2009 the parties agreed to alter their agreement as follows: a. Standardbred would provide exclusive use of its Dodge pickup truck, trailer, and two new jog carts to Mr. Lebo; b. Mr. Lebo would become responsible for maintenance and fuel costs regarding said items; C. Standardbred would continue to pay costs relating to said items including net monthly lease costs of $1,680 plus monthly insurance costs of $355 plus annual license fees of $178 as well as depreciation costs; and d. Mr. Lebo would no longer charge Pinnacle for transportation costs relating to the five aforementioned horses. 27. Mr. Lebo received possession of the Dodge pickup truck, trailer, and two new jog carts in December of 2009. 28. In or around May of 2010 the parties agreed to alter their agreement as follows: a. Ownership of Monet's Lilly would be signed over to Mr. Lebo for the purpose of entering the horse into one or more races that required Pennsylvania ownership; b. Mr. Lebo and Pinnacle would equally share any race purse money subsequently won by Monet's Lilly with Mr. Lebo's share being applied to any outstanding balance on Pinnacle's account with Mr. Lebo. C. Pinnacle would continue paying aforementioned $45 daily fees relating to Monet's Lilly to Mr. Lebo; however, (as stated above) said fees would be offset by any purse money obtained by Mr. Lebo in relation to the horse. 29. Also in May of 2010 Extrema Velocita left Mr. Lebo's possession after being transferred by Pinnacle. 30. In June of 2010 Bella Bioda left Mr. Lebo's possession after being transferred by Pinnacle. 31. In July of 2010 Mr. Lebo purchased Millionaire Mindale from Pinnacle in consideration of $2,000 which was to be applied to Pinnacle's account with Mr. Lebo. 32. The above arrangement regarding Monet's Lilly lasted until approximately July of 2010 when Pinnacle determined that it wished to sell the horse. 33. Mr. Lebo subsequently agreed to purchase Monet's Lilly from Pinnacle for $5,500 which was to be applied to Pinnacle's account with Mr. Lebo. 34. Also in July of 2010 the parties agreed to alter there agreement as follows: a. Pinnacle would sign a perpetual lease of Come Together over to Mr. Lebo; b. Mr. Lebo would assume all rights (except as set forth below) and responsibilities regarding Come Together; C. The parties would equally split any race purse money earned by Come Together; and d. Pinnacle's outstanding balance with Mr. Lebo up and through July of 2010 would be satisfied in full based upon the transfers up to that point relating to Come Together, Monet's Lilly, and Millionaire Mindale. 35. Based upon the above agreements/transactions, Mr. Lebo was no longer providing services for the benefit of Pinnacle after July of 2010. 36. In July of 2010, due to Mr. Lebo no longer providing any services for Pinnacle's benefit, Standardbred offered to permit Mr. Lebo to continue his use of the Dodge pickup and trailer in exchange for reimbursing Standardbred for costs relating to the items including net monthly lease costs of $1,680 plus monthly insurance costs of $355 plus annual license fees of $178; or for Mr. Lebo to otherwise return the items. 37. In July of 2010, due to Mr. Lebo no longer providing any services for Pinnacle's benefit, Standardbred offered to sell its two jog carts to Mr. Lebo for a total of $2,500; or for Mr. Lebo to otherwise return the items. 38. On July 27, 2010 Mr. Green forwarded a letter to Mr. Lebo detailing in large part the above agreements. (A copy of said letter is attached as "Exhibit A") 39. Mr. Lebo subsequently retained the Dodge pickup and trailer, without payment to Standardbred, until Standardbred was forced to re-possess the same in or around late May of 2011 with the assistance of State Police. 40. Mr. Lebo has refused to return the jog carts to Standardbred to date. 41. Mr. Lebo subsequently agreed to purchase Come Together form Pinnacle in consideration of $75,000. 42. Mr. Lebo's horse purchases have never been credited towards Pinnacle's account with Mr. Lebo, nor have race purse earning by Monet's Lilly been credited. 43. Registration regarding Monet's Lilly, Millionaire Mindale, and Come Together were all officially transferred from Pinnacle to Mr. Lebo. 44. Defendants forwarded an additional letter to Mr. Lebo on July 25, 2011 which further detailed the parties' agreements as set forth within. (A copy of said letter is attached as "Exhibit B") 45. Pinnacle only received invoices from Mr. Lebo for months prior to September, 2010 (attached to Plaintiffs Complaint); none of said invoices refer to transportation costs (in accordance to the parties true agreements). 46. It is believed and therefore averred that Mr. Lebo recently generated invoices dated on and after August 2010 (which are attached to Plaintiff s Complaint) for use in the within litigation and for the purpose of attempting to defraud Defendant(s) out of funds lawfully owed to them; Defendants had never seen said invoices prior to receiving Mr. Lebo's Complaint. 47. Mr. Lebo initiated the within litigation in an attempt to evade his contractual duties and to defraud Defendants. COUNTERCLAIMS COUNT 1-BREACH OF CONTRACT PINNACLE RACING STABLE, INC. (INCORRECTLY DOCKETED AS PINNACLE RACING, LTD.) vs. CHESTER LEBO d/b/a LEBO STABLES 48 Previous paragraphs are incorporated herein. 49 Mr. Lebo agreed to provide consideration for the purchases of Monet's Lilly, Millionaire Mindale and perpetual lease transfer and subsequent purchase of Come Together. 50. Mr. Lebo has failed to credit Pinnacle's account to date let alone provide any additional sums owed to Pinnacle in consideration of the above transfers. 51. The parties additionally agreed that outstanding costs for Mr. Lebo's services after May of 2010 and up and through July of 2010 would be offset by half of the race purse awards earned by Monet's Lilly; Pinnacle did not receive proper credit for any of said horse's earnings. WHEREFORE, Pinnacle requests judgment against Chester Lebo d/b/a Lebo Stables in an amount in excess of $50,000 to be properly determined at trial. COUNT 2-UNJUST ENRICHMENT PINNACLE RACING STABLE, INC. (INCORRECTLY DOCKETED AS PINNACLE RACING, LTD.) vs. CHESTER LEBO d/b/a LEBO STABLES 52. Previous paragraphs are incorporated herein. 53. Mr. Lebo has received ownership/registration of Monet's Lilly, Millionaire Mindale, and Come Together without paying full consideration for said horses. 54. Mr. Lebo has reaped and continues to reap financial benefits from ownership of said horses. 55. Mr. Lebo has received over $50,000 worth of race purse awards relating to Come Together. 56. Mr. Lebo has since sold Come Together to a third party. 57. Mr. Lebo has reaped and continues to reap other financial benefits regarding said horses that shall be determined at trial. 58. Based on the circumstances, Mr. Lebo has obtained unjust enrichment at Pinnacle's expense. WHEREFORE, Pinnacle requests judgment against Chester Lebo d/b/a Lebo Stables in an amount to be determined at trial an in excess of $50,000. COUNT 3-BREACH OF CONTRACT STANDARDBRED INCORPORATED vs. CHESTER LEBO d/b/a LEBO STABLES 59. Previous paragraphs are incorporated herein. 60. In July of 2010, due to Mr. Lebo no longer providing any services for Pinnacle's benefit, Standardbred offered to permit Mr. Lebo to continue his use of the Dodge pickup and trailer in exchange for reimbursing Standardbred for costs relating to the items including net monthly lease costs of $1,680 plus monthly insurance costs of $355 plus annual license fees of $178; or for Mr. Lebo to otherwise return said items to Standardbred. 61. Mr. Lebo subsequently retained said items. 62. Mr. Lebo's retention of said items constituted a constructive acceptance of Standardbred's offer which formed a contract. 63. Mr. Lebo has breached said contract by failing to provide proper payment of $18,448.50 plus depreciation costs for his use of said items from September 1, 2010 up and through May of 2011. 64. In July of 2010 Standardbred offered to sell its two jogging carts to Mr. Lebo for total consideration of $2,500; or for Mr. Lebo to otherwise return said items to Standardbred. 65. Mr. Lebo subsequently retained said items. 66. Mr. Lebo's retention of said items constituted a constructive acceptance of Standardbred's offer which formed a contract. 67. Mr. Lebo has breached said contract by failing to provide payment of $2,500 to date. WHEREFORE, Standardbred respectfully requests judgment against Chester Lebo d/b/a Lebo Stables in an amount in excess of $20,948.50. Respectfully submitted, BAYLEY & M Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.# 87663 .r?lYZ?th,2ala 'VIA FIRST CLASS MAIL Chester G. Lebo Ji: t? J_l? Justin Lebo ?_ ?? ? C S. J Lebo Racing Stable 2540 Ritner High%M, Carlise, PA 11015 Gentlemen. Per the Lease Agreement, discussed, please find the signed Paperwork as it pertains to the Horse, `Come Together". MoneCs. Lilly, paperwork has already been transferred in May, and is considered absolute transfer. As for Alillionaire Mindale, your expressed interest and consi deration is fine, therefore we shall nor enter him into the sale. It is my understanding, that the transfer of the aforementioned livestock, constitutes, payment in full, for any and all outstanding balances, between yourselves, and Pinnacle racing Ltd., and myself, and that no further invoices will be accumulated. As for the Truck and Trailer; and miscellaneous Jog Carts, we are milling to extend the use of' the trnclr and trailer, equal to our `net'' monthly cost of S1,680.U0 plus (+), Insurance at 5355.DD per month, annual license of S178.00, and depreciation costa lfyou wish to utilize the Jog Carts delivered in new condition, it Would be suggested thatyou purchase them, as as follows; kfetal Pennsbury Jog Cart 51,500.00, and lllood PennsburyJogCart: $1,006.00. If it is notyour intention to continue the use of these items, we ask that you please make immediate arrangements for the return. Otherwise it shall he assumed that the ligures provided, are acceptahle, and shall be calcalated anal said equipmentis returned. cc. D- He ? 7A 9'd £Z£ZZZ9b69 seogo ejeaodaoo d90:£0 Zl LZaeW July 25th, 2011 Chester G_ Lebo Jr. Justin Lebo C& J Racing Stable 2840 Ritner Highway Carxse, PA 17015 Gentlemen, Per our letter dated a year ago, July 27th, 2010 and attached hereto, it included the transfer paperwork, forthe horse, "Come Together, ( the "Paperwork' included the flan release, and signed transfer of registration), for the agreed sale price of Filly Thousand Dollars US. ($50,000.00 USD). The understanding of this sale and transfer, had been for the value and consideration of the sale price, to be applied In to all outstanding balances, (including training, and rrii expenses), totaling; Twenty Five Thousand Dollars US, ($25,000.00 USD), due Chester G. Lebo Jr. and Justin Lebo, ei al., &Wa: C&J Racing Stable, considered to be "Paid in Full". With the remaining "credit' balance of Twenty Five Thousand Dollars U5, ($25,000.00 USD), due and owning to Pinnacle Racing Ltd., to be paid on or before June 301h, 2011, Prior to the transfer of ownership in the horse 'Come Together', the mare `Moneys LiIV had been transferred on or about May, 2010, for a value of Four Thousand Five Hundred Dollars, US, ($4,500.00 USD). The gelding "Millionaire Mindale, you also desired, and we agreed to the sale value of Two Thousand Dollars US, ($2,000.00 USD). He had not entered the Fall 2010 Harrisburg Mixed Sale, based on this understanding and agreement. Due to a lack of any forthcoming payments, rental or otherwise, we made several inquires as to whether or not you wished to continue to 'rent" the truck and trailer, from Slandardbred Incorporated. Each instance, met with e response that, the equipment was needed, and being used on a regular basis. However, with no forthcoming payment(s), or aU attempt by you, to make a payment. It became clear this was a case of blatant bad faith. The situation, evolving into a complete misuse of equipment with NO intention to pay: Subsequently we were forced to repossess / confiscate the equipment you were depleting in value. At the time of repossession/ confiscation, a Pennsylvania State Trooper, had been present to standby, and assist/ mediate the turnover of the equipment, which you purposely, acted with malice, by withholding the whereabouts of the keys for nearly two (2) hours, not to mention the equipment had been separated and attached to equipment belonging to either yourself, or others, knowing you were in default, and separating the equipment would make recovery more ddFicult. Still missing remains, two (2) Pennsbury jog carts, valued at $1,300.00 and $1,00D.00 respectively, which the comment had been made; 'if you can find them, you can have them". Are we to assume the items, missing, stolen, or misplaced under your lore? Please be rerininded you agreed to pay a monthly 'net" lost of $1,660.00 + Insurance of $355.00 monthly, and a annual cost of $178.00 for licensing. Any casts for regular use, wear and tear, or Items not covered under the manufacturer's warranty were your responsibility. When the Equipment had been recovered, it required six (6) new tires, (at a cost of $1,350.00), service, and detailing the interiorl exterior. You retained the vehicle for eleven (11) months! Mr. Lebo. we have made every attempt possible to work with you. Including a willingness to accept "payments' to remedy th"tal balances due. Tote extent of forgiving the portion owed for the gelding. Its impossible to conceive what more could be expected, or fair. Then e, please be adv' e here ;otherwise all un1 th John . Acting a Pinnacle Racing Stable, Inc. cc: file you have thirty (30) days to contact us, "in writing" to dispute any of the amounts shall be assumed accurate and correct, per the agreed upon understandings. R ?- t,-d £Z£ZZZ9tl9 seolllp eleaodaoC d90:00 Zl ! ZasA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHESTER LEBO d/b/a : No. 2012-1617 CIVIL LEBO STABLES, Plaintiff : CIVIL ACTION - LAW VS. STANDARDBRED INCORPORATED and PINNACLE RACING, LTD. Defendants VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. .?e - /'4? - a?d /? Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHESTER LEBO d/b/a LEBO STABLES, Plaintiff No. 2012-1617 CIVIL CIVIL ACTION - LAW VS. STANDARDBRED INCORPORATED and PINNACLE RACING, LTD. Defendants CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Bradley J. Leber, Esquire 17 East Market Street York, PA 17401 q , z 0 Mark F. Bayley, Esqui IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHESTER LEBO d/b/a LEBO STABLES, Plaintiffs, No. 2012-1617- CIVIL VS. STANDARDBRED INCORPORATED and PINNACLE RACING, LTD. Defendants CIVIL ACTION -LAW r 7" of l it's x AND C0 INT`r' PLAINTIFFS' REPLY TO NEW MATTER AND NOW, comes the Plaintiffs, Chester Lebo d/b/a Lebo Stables, and by his attorneys, Blakey, Yost, Bupp & Rausch, LLP, presents his Reply to New Matter in the above-captioned matter, set forth as follows: 21. Plaintiffs incorporate by reference paragraphs 1-20. 22. Admitted. 23. Admitted. 24. a) Admitted. b) Admitted. c.) Admitted. 25. Admitted in part and denied in part. Plaintiffs had to pick up Come Together and Millionaire Mindale in New Jersey from two separate farms. 26. a.) Admitted in part and denied in part. Plaintiffs only received one jog cart. b.) Denied. Defendants were to supply all maintenance and fuel for transport of Defendants' horses. c.) Admitted. d.) Denied. Defendants were to remain liable for all fuel for transporting Defendants horses. 27. Admitted in part and denied in part. Plaintiffs only received one jog cart. 28. a.) Denied. Monet's Lilly was signed over to Plaintiffs because Defendants advised they could no longer afford the animal. b.) Denied. Plaintiffs would collect all of Monet's Lilly's purse money because Plaintiffs now owned the animal. c.) Denied. Defendants would no longer be required to pay fees pertaining to Monet's Lilly because they no longer owned any part of the animal. 29. Admitted in part and denied in part. Extrema Velocita was shipped to New Bolton Center for throat surgery on March 15, 2010. New Bolton Center would not release the horse back into the care of Plaintiffs because Defendants would not pay for the veterinary bill. 30. Denied. Plaintiffs released the horse on July 25, 2010. 31. Denied. Plaintiffs never purchased Millionaire Mindale from Defendants; instead the horse was signed over to Plaintiffs, as Defendants could not pay the outstanding horse bills. 32. Denied. As indicated above, Plaintiffs became the owner of the horse. 33. Denied. Plaintiffs already had ownership of Monet's Lilly. No money was to be paid and no credit was to be given. 34. Admitted. a.) Admitted. b.) Admitted. c.) Denied. Plaintiffs would be entitled to all purse money earned by Come Together. d.) Denied. No such agreement was ever made. Plaintiffs undertook all risk and expense relating to said horses; relieving Defendants of any future obligation but not releasing prior balance due. 35. Denied. Services were provided through September 30, 2010. 36. Denied. No agreement was ever made. After Defendants horses were transported to Defendants, the truck and trailer sat unused and Defendants made no effort to retrieve same. 37. Denied. Plaintiffs only ever had one jog cart and no agreement was ever proposed or accepted with respect to it. 38. Admitted in part and denied in part. It is admitted that the letter was sent. It is denied that the letter was accurate. Plaintiffs attempted to contact Defendants about the letter on numerous occasions to no avail. 39. Admitted in part and denied in part. Defendants made no attempt to pick up the truck or trailer, both of which sat unused. Plaintiffs were unable to contact Defendants regarding the truck and trailer. 40. Denied. The jog cart was in the trailer when Defendants' associates picked up the truck and trailer. 41. Denied. No such agreement was ever made. 42. Admitted in part and denied in part. It is admitted that no credit has been given and denied that any credit is due. 43. Admitted. 44. Admitted in part and denied in part. It is admitted that the letter was sent. It is denied that the letter was accurate. Plaintiffs attempted to contact Defendants about the letter on numerous occasions to no avail. 45. Denied. The invoices attached to Plaintiffs' Complaint speak for themselves. Six of them refer to transportation costs. 46. Denied. Invoices were generated as charges accrued. Defendants have never made a claim against Plaintiffs for any funds until Plaintiffs filed this action. 47. Denied. Plaintiffs initiated this litigation to collect monies owed by Defendants. Until this litigation was commenced, Defendants never made any claim for monies due against Plaintiffs. PLAINTIFFS' ANSWER TO COUNTER-CLAIM OF PINNACLE RACING STABLE, INC. VS. CHESTER LEBO d/b/a LEBO STABLES 48. Plaintiffs incorporate by reference paragraphs 21-47. 49. Denied. Plaintiffs never purchased any horses from Defendants; Defendants transferred ownership to Plaintiffs because Defendants could no longer afford the horses. 50. Admitted in part and denied in part. It is admitted that no credit was given. It is denied that any credit is due. 51. Denied. There was no such agreement. Purses belong to Plaintiffs because Plaintiffs owned the horses. PLAINTIFFS' ANSWER TO COUNTER-CLAIM OF PINNACLE RACING STABLE, INC. vs. CHESTER LEBO d/b/a LEBO STABLES 52. Plaintiffs incorporate by reference paragraphs 48-51. 53. Denied. The horses were transferred by Defendants at the Defendants behest because Defendants could no longer afford said horses. 54. Denied. The incurred cost of training and boarding the horses far exceeded the sum of any financial benefits received. 55. Denied. The purse awards are substantially overstated. 56. Denied. Come Together was claimed at a claiming race. 57. Denied. Defendants transferred the horses willing to Plaintiffs to avoid further expense. The full expense that was incurred by Plaintiffs with respect to the horses has far exceeded any financial benefit received. 58. Denied. The allegations in this paragraphs state conclusions of law to which no response is required. PLAINTIFFS' ANSWER TO COUNTER-CLAIM OF STANDARDBRED INCORPORATED vs. CHESTER LEBO d/b/a LEBO STABLES 59. Plaintiffs incorporate by reference paragraphs 52-58. 60. Denied. No agreement was ever made. After Defendants horses were transported to Defendants, the truck and trailer sat unused and Defendants made no effort to retrieve same. 61. Admitted in part and denied in part. Defendants made no attempt to recover said items until May of 2011 at which time possession was delivered to Defendants. 62. Denied. The allegations in this paragraphs state conclusions of law to which no response is required. 63. Denied. The allegations in this paragraphs state conclusions of law to which no response is required. 64. Denied. No such offer was ever made and Plaintiffs only received one.jog cart. 65. Admitted in part and denied in part. Defendants made no attempt to recover said items until May of 2011 at which time possession was delivered to Defendants. 66. Denied. The allegations in this paragraphs state conclusions of law to which no response is required. 67. Denied. The allegations in this paragraphs state conclusions of law to which no response is required. Respectfully submitted, & RAUSCH, LLP BLAKEY, YOff By: squire Bradle E Counsel for Plaintiffs 17 East Market Street York, Pennsylvania 17401 Supreme Ct. I.D. #PA 69317 Telephone (717) 845-3674 BLeberkblakeyyost.com May 42 12 05;36a . - s" cU&r- i-- aU VERIFICATION Y. . UJ I verify that the inforination,set forth in the foregoing Complaint is truc bad correct to the best of my knowledge, infomaation and belief_ I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. 4904, relating to unswern falsification to authorities. Lebo Stables Chester Lebo (TOTAL P.09 CERTIFICATE OF SERVICE I hereby certify that on this day of May, 2012, a copy of the foregoing document was served by first class mail, postage prepaid on the following: Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 BLAKEYOYOSTBU & BAUSCH, LLP By: . er, Esquire Bradleyic- Counsel for Plaintiffs 17 East Market Street York, Pennsylvania 17401 Supreme Ct. I.D. #PA 69317 Telephone (717) 845-3674 BLeberkblakeyyost.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW PENN WASTE,INC., No. 2013-1617 CIVIL Plaintiff VS. SCOTT R. THOMAS, , Defendant �} 105 }-C `lor k j2c1, ,7i�lsb�r�701 PRAECIPE FOR WRIT OF EXECUTION(MONEY JUDGMENTS) CD P.R.C.P.3101 to 3149 TO THE PROTHONOTARY:. M� -ate Please issue writ of execution in the above-captioned matter: -<> C) (1) Directed to the Sheriff of Cumberland County, Pennsylvania � �C_j (2) Against Scott R. Thomas, Defendant cs� (3) And against , Garnishee; (4) And index this Writ: a. Against Scott R. Thomas, Defendant b. Against , Garnishee, as a lis pendens against the real property of the Defendant in the name of the Garnishee as follows: vehicles.Please levy all personal property of Defendant of resalable value. Please also levy all (5) Amount due $472.75 Interest from 1/18/13 —4/19/13 7.07 Attorney Fee 125.00 Total $604.82 Date: A<, &�`� John N. Elliott,Esq. `t Ream, Carr, Markey& Woloshin LLP �a g Pd 1 { 119 E. Market Street J � n- York, PA 17401 9!S (jam 717-843-8968 Sup. Ct. No. 82818 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-161.7 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PENN WASTE,INC. Plaintiff(s) From SCOTT R.THOMAS, 1059-C YORK ROAD,DILLSBURG,PA 17019 (1) You are directed to levy upon the property of the defendant(s)and to sell PLEASE LEVY ALL PERSONAL PROPERTY OF DEFENDANT OF RESALABLE VALUE.PLEASE ALSO LEVY ALL VEHICLES. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$472.75 Plaintiff Paid$59.75 Interest FROM 1118113-4/19/13-$7.07 Attorney's Comm. % Law Library$ Attorney Paid$ Due Prothonotary$2.25 Other Costs$125.00-ATTORNEY FEE .Da6e: ;.4%25/13 z- r.r . David D. Buell,Protho tary By. Deputy REQUESTING PARTY: Name :JOHN N.ELLIOTT,ESQUIRE Address: REAM,CARR,MARKEY&WOLOSHIN LLP 119 E.MARKET STREET YORK,PA 17401 Attorney for:PLAINTIFF Telephone: 717-843-8968 Supreme Court ID No. 82818