IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS

100 NORTH KANSAS AVENUE

OLATHE, KANSAS 66061

William A. Forsythe,
Kimberly D. Service,
Plaintiffs
Case No.______________
Division______________
vs. VS Chapter 61
K.S.A.__ __

James M. Bayles,
Defendant

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COMPLAINT

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Come now the Plaintiffs, William A. Forsythe and Kimberly D. Service, for their

Complaint against the Defendant, alleges and states as follows:

I. PARTIES

1. Plaintiff, William A. Forsythe, is an individual and resident of Merriam, KS.

2. Plaintiff, Kimberly D. Service, is an individual and resident of Gardner, KS.

3. Defendant, James M. Bayles, is an individual and resident of Fargo, ND and formerly

a resident of Shawnee, KS.

II. FACTUAL ALLEGATIONS

4. On or about February 8, 2010, Defendant's companion and landlord, Norma K.

Forsythe, a resident of Shawnee, KS, purchased a Ford F150 King Ranch truck from
Shawnee Mission Ford.

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.

7. On or about February 9, 2010, Debora McFarland, sister of Norma K. Forsythe and

tenant in the home of Norma K. Forsythe, was privy to a conversation between the
Defendant and Ms. Forsythe, concerning the Defendant’s requirement to pay for the
said truck.

8. On or about February 10, 2010, Plaintiff, William A. Forsythe, was privy to a

conversation between the Defendant and Norma K. Forsythe, regarding the cost of the
truck and the requirement of the Defendant to repay the money used to purchase the
said truck.
9. On or about March 8, 2010, the Defendant titled and registered the truck in the
State of Kansas. The truck was titled as follows: James M. Bayles and/or Norma K.
Forsythe.

10. On or about March 15, 2010, the Defendant made one payment of $400.00 to Norma K.
Forsythe.

11. On or about August, 2007, Defendant became a companion of 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:

III. CAUSES OF ACTION – BREECH OF ORAL CONTRACT

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.

IV. CAUSES OF ACTION - FRAUD IN THE INDUCEMENT

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.

V. CAUSES OF ACTION - PROMISSORY ESTOPPEL

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.

VI. CAUSES OF ACTION - FRAUD

24. The Defendant entered into an oral contract with Norma K. Forsythe for full
repayment of the Ford F150 King Ranch truck.

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.

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff seeks compensatory damages in the amount of $18,506.39 together with
court costs, fees, and any other damages that the court may find appropriate.

Dated this 1st day of June 25, 2010.

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William A. Forsythe, PRO SE

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Kimberly D. Service, PRO SE