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De FEO v. Eyre

United States District Court, E.D. Pennsylvania

November 1, 2019

PETER ANTHONY DE FEO, Plaintiff,
v.
ESQUIRE ROBERT B. EYRE, Defendant.

          MEMORANDUM

          C. DARNELL JONES, II, J.

         Plaintiff Peter Anthony DeFeo brings this pro se civil action pursuant to 42 U.S.C. § 1983, against Robert B. Eyre, Esquire, an attorney. (ECF No. 2.) He has also filed a Motion for Leave to Proceed In Forma Pauperis. (ECF No. 1.) For the following reasons, the Court will grant DeFeo leave to proceed in forma pauperis and dismiss his Complaint with prejudice.

         I. FACTS

         DeFeo used the Court's preprinted form Complaint. Therein, he alleges that the events giving rise to his claim occurred on October 31, 2017, though he also suggests that they took place from 2010 through October 31, 2017. (ECF No. 2 at 3.)[1] Rather than describing the events giving rise to his claim in narrative form, he references a December 12, 2017 Media Borough Police Department Complaint Report which purports to reflect that, on that date, DeFeo called in a report that his attorney had stolen money from him; the Report is attached to the form Complaint. (Id. at 3, 6.) DeFeo also references 23 additional pages of attachments to his form Complaint. (Id. at 3, 7-29). In support of his claim, DeFeo states only: "Media District Attorney lost it 3 months later gave them a copy of same report, called and took trips to the DA's Office. Horable [sic] runaround." (Id. at 3.)

         The attachments to the Complaint appear to reflect a series of financial transactions, specifically, disbursements from the escrow account of Froehl & Eyre in late 2012. January 15, 2013 correspondence from Defendant Eyre to DeFeo (identified as the Managing Member of Creek Road Funding, LLC) summarizes the transactions as follows:

         Dear Peter:

You requested information concerning certain disbursements made on behalf of Creek Road Funding, LLC ("Creek Road") from our Escrow Account -specifically, verification of the disbursements we made on behalf of Creek Road from funds held in our CitiBank Escrow Account.
By way of background, as of August 6, 2012, we held $300, 000 in our Escrow Account for the benefit of Creek Road. Creek Road desired to loan certain of these funds to Scimeca Corporation.
A new account was opened at PNC Bank on August 8, 2012 with the deposit of certified check in the amount of $250, 000 drawn on our CitiBank Escrow Account. A copy of the CitiBank check and PNC deposit ticket are enclosed.
PNC would not allow Creek Road to write checks on those funds in time for Creek Road to make a critical advance to Scimeca to pay its secured creditor, Ciena. In order to fund that payment, I wrote a separate check in the amount of $20, 000 from our Escrow Account payable to you, on August 9, 2012 and delivered it that same morning to Scimeca's counsel, Roger Ashodian, Esquire, at the United States Bankruptcy Court in Philadelphia. A copy of this check is enclosed. I understand it was used to make the payment to Ciena.
On August 16, 2012, per your instructions, I wrote a check in the amount of $12, 409.33 payable to Creek Road, and deposited it the same day in Creek Road's PNC account. I understand this was to be used to fund an advance to Scimeca to pay the legal fees of Roger Ashodian's firm on behalf of Scimeca. A copy of that check is also enclosed.
Very truly yours,
Robert B. Eyre, Esquire

(Id. at 10-11.) The remainder of the attachments are a series of e-mails dating to late 2012 which appear to relate to the transactions described in the Eyre letter. (See Id. at 12-29.) Handwritten notes appear on ...


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