Professional Documents
Culture Documents
William A. Forsythe,
Kimberly D. Service,
Plaintiffs
Case No.______________
Division______________
vs. VS Chapter 61
K.S.A.__ __
James M. Bayles,
Defendant
_________________________________________________________________________________
COMPLAINT
_________________________________________________________________________________
Come now the Plaintiffs, William A. Forsythe and Kimberly D. Service, for their
I. PARTIES
5. The purchase price for the said truck was $18,906.39, and the price was paid in
full by Norma K. Forsythe.
6. On or about February 8, 2010, the Defendant entered into an oral contract with
Norma K. Forsythe to repay, with a lump sum received from his tax refund money,
followed by monthly installments of $400.00, the cost of the truck in its entirety.
Thereafter, the said truck was to be transferred to Mr. Bayles for his sole use and
enjoyment.
10. On or about March 15, 2010, the Defendant made one payment of $400.00 to Norma K.
Forsythe.
12. On or about January, 2009, Defendant became a tenant in the home owned by Norma K.
Forsythe.
13. On or about March 24, 2010, Norma K. Forsythe died in her home.
14. Four (4) days after the death of Ms. Forsythe, the Defendant contacted an attorney
to determine his rights, if any, to any of Norma K. Forsythe's property or money,
including, but not limited to the Ford F150 King Ranch truck.
15. It is clear that there is no legal theory under which the defendant may maintain
any interest in the estate of Ms. Forsythe.
16. On or about May 2010, William A. Forsythe, son of Norma K. Forsythe, was appointed
executor of Ms. Forsythe's estate.
17. On or about April 5, 2010, the Defendant re-titled the truck in the State of
Kansas. The truck was re-titled as follows: James M. Bayles and/or Brandi
Niemeier.
Plaintiffs bring forth the following counts and allegations supporting their cause of
action:
17. The Defendant entered into an oral contract with Norma K. Forsythe.
18. The Defendant failed to fulfill his obligation to pay Norma K. Forsythe, the amount
owed for the Ford F150 King Ranch truck.
19. The Defendant induced Norma K. Forsythe into purchasing the Ford F150 King Ranch
truck with the promise and understanding that the Defendant would repay Ms.
Forsythe in full.
20. The Defendant ensured Norma K. Forsythe that a substantial amount of the cost of
the truck would be repaid quickly through the use of his tax refund money.
21. The Defendant never intended to fulfill his obligations to repay the money to
Ms. Forsythe, and he has refused to pay any additional money for the said truck.
22. The Defendant does indeed still maintain use and control of the said truck.
23. The Defendant maintains the benefit of the truck without keeping his financial
obligation to Norma K. Forsythe, as promised.
25. Under said agreement, the Defendant was to pay a significant lump sum of the
balance owed to Norma K. Forsythe upon receiving his tax refund returns.
26. The Defendant entered into the oral contract, as described in VI. 1 and 2, with
full knowledge that he would not receive a tax refund due to a large balance owed
to the Internal Revenue Service.
27. The Defendant re-titled the Ford F150 King Ranch truck twelve (12) days after the
death of Norma K. Forsythe, removing her name from the title, in order to avoid
full repayment of the truck.
28. The Defendant re-titled the Ford F150 King Ranch truck twelve (12) days after the
death of Norma K. Forsythe, removing her name from the title, in order to avoid any
possible loss of the vehicle in Probate Court.
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William A. Forsythe, PRO SE
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Kimberly D. Service, PRO SE