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;iOFPENNSVLVANIA ' ',', NQTICEO~AP"EAL'
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COUlT or COMMoN'PLEAS
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FROM
DISTRICTJUSTl~E JUDGMENT
COMMON PLEAS No. ,JClQO -CoOS'1 ~.~,l
NOTICE OF APPEAL {'...{~r('~ ~ -1- 00
Notice is given that the appellant has filed in the above Court al Cornman Pleas an appeal from the judgment rendered by 'the District Justice on the
date and in the case mentioned bel""" '
JUDICIAL DISTRICT
NAME APPELlANT
MAG OlSt NQ OR NAME OF OJ.
l)J1:l.,.\,;.~S
ADDR - OF APPElLANT
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DATE AJDGMENT
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ClAIM NP
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'PASTA" 17(Xp~cOOf
(Defendant)
vs. VWCe,;",.poIICl..O'ta,
JURE APPEllANT OR HJ.S ATTORNEY OR AGENT,
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lhj$'black will be signed ONlY when lhis>notaiionis "":1uired underPa. R.C.PJ.P. No./f appellant was CLAIMANT (s~ Pa.R.CP.JP. ND,
'10088. ,- ,'" , >. "/
ThisNatiCf! of Appeal, when received by the District JusHce. will.6perate as a 100 1( 6 ) ;11 actiOO)J(NfiI(e Distriql ;.j~tice, heMUST
SUPERSEDEAS io the, judgment for possession in this ca,":--- - FILE A COMPLAINT within twenty (20) days after
filing his NOTICE Df APPEAL.
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-$ignalure (of Prothonotary or Deputy
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E Q\ENTU<RUIiE TO FILE CQMPLAINT AND RULE TO FILE
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(This sectKm, offormto be used oNl{wlieri ahrellant was DEFENDANT (see Pa. R.C.i>.JP. No. 19Q1d.,;:ih'l3CtiO[l,belore District Justice.
IF NOT USED, detach 'rom copy of notice of appeal to be served upon appellee). .,;,,,,~,,
PRAE(IPE: To Prothonotary
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Enter ,rule upon
" f I i Name of appeIlee(s)
,-" ilppell",,(s), to file' a complaint in this appeal
;,'--,' ,
(Camman Pleas No.
, '
" - " " ': ----- -
) within twenty (20) days . service,of.ru~;~J~: entry af judgmentaf non plQs.
-' sigriatUre ohip,iedant - or his attomey Of sgeitt
RULE: Ta
Name of appe/~e(S)
. appellee(s).
(1) You are notified that a rule is hereby entered upon you 10 file a complainlin thi$ appeal within twenty (20) days after lhe date of
serviCe of thi$ ~Ie upOQ you by ~r5onal' service or by certified or registered maiL
(2) if You do' not file.'a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is ,the date of mailing.
. Date:
,19_.
Signa/lKe of Pro/hOII<JIWy ex Deputy
f1DPC 312-84
COURT FILE
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PROOF ()F SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proal of service MUST BE FfLED WITHiN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes)
COMMONWEALTH OF F'fNNSI'I.'IANIA
COUNTY OF C_I..!:, tV '0EIL<:A-<-.:>1O
j 55
AFFIDAVIT: ! hereby swear or affirm thatl served
!lSl a copy of the Notice of Appeal, Common Pleas No, ;(IoCC) ~("CJ<;:L. upon the District Justice designated therein on
(dale of service) &"'1'. G ,":>'''''''0 , 0 by personal s~ice il:J by cf~ (registered) mail, sender'.s
receipt altached hereto, and upon the appellee, (name) VI"I.) (J:':'" l' ~I\l:: I C'l Q . on
-S~r: G>, 2~. +9",-" 0 by personal service ~ by ~ifieSl:1 (registered) mail, sender's receipt attached hereto.
o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on , 19~ 0 by personal service 0 by (certified) (registered)
mail, sender's attached hereto, /~',J'
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME l,. I ,../ ~ I, {,-
THIS (p YI1. . IJA Y OF .$.f,ik~_b.PR , a;)O<<J C'-- ~ Lf1 I /--t.-.~-
_ .l~ J5......~~ Signature of affiant
Signature of official !Xl Q(I,H...fl(lm affidaVIt' was- mads
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TWo Nofficf
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DEPUTY PA9THOkO~l.Cl.EI\KOF COURTS
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MY COMt.IISSIONIitPIIlES.IAN .S, 2C04
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.Ooin 'I~~ Itei\;'sj.~iaii .. 'Iso ~bi\'lpl~le
item 4 if Restrrcted Delivery -l,s desired.
. Print your name and address Qn the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Y'tN CE 101 }:"'Ai:. L<:) ~
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s etivery address different from item 1?
If YES, eote~ delivery address below:
D Agent ,
Addressee i
DYes
o No
rchandise
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2. Article Number (Copy from service label)
7099 ::~.I.JI'\C""\ (")C/'K 4.CfCfS-Cfllt"J<"-
PS Form, 3811., July 1999 Domestic Retum Receipt
102595.00-M-0952
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. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
: 1. Article Addressed to:
'::'lAS\A.U K.1),q1.(
229" M1:.LL STI2E:e.T
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PS Form 3811. July 1999
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D. Is delivery address ifferen m Item 1?
If YES, enter delivery address below:
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3. Service Type
D Certified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail D C.O.D.
4. Restricted Delivery? (Extra Fee)
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102595-00-M-0952
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COMMONWEALTH O' PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ;J:J::JO -CoO 5'1 (. ~ ,I
NOTICE OF APPEAL {',Aercol ~ -1- 00
NoH<e is given that the appellant has filed in the above Caurt of Cammon Pleas an appeal from the judgment rendered by the District Justice on the
date and in the case mentioned bel"""
NAME OF APPELlANT
()J:t.LL t:..S .:3. Q",,", ,E
ADDRW OF APPEUANT
~,R. ~ L bOx. 3&'8
DATE OF AJDGY.ENT IN THE CASE OF (Plaintiff)
~'~-OO
ClAIM NO
LU 1::. L..L!:S
my
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STATE
ZIP CODE
Signature of Prothonotary or Deputy
PRAECIPE Te) ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Name of appellee(s)
, appellee(s), to file a complaint in this appeal
Enter rule upon
(Cammon Pleas No.
) within twenty (20) days after service af rule or suffer entry of judgment af non pros.
Signature 01 appellant ex his atromey ex agent
RULE: Ta
NNne oIawel/f>e(s)
, appeIlee(s).
(1) Yau are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service af this rule upon you by personal service or by certified or registered moil.
(2) ~ you da not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu.
(3) The date af service of this rule if service was by mail is the dote af mailing.
Dote:
,19_.
SIgnature 01 f'rorhondsry ot" Deputy
N:>PC 312-84
COURT FILE TO BE FILED WITH PROTHONOTARY
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This prool 01 service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice 01 appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYI.\lANIA
COUNTY OF
; $S
AFFIDAVIT: ! hereby swear or affirm that I served
o a copy of fhe Notice 01 Appeai. Common Pleas No, , upon the District Justice designated therein on
(date 01 service) 0 I)y personal service 0 by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) , on
, 19_ 0 by persona! service 0 by (certified) (registered) mail, sender's receipt attached hereto.
o and further fllat I served the Rule to File a Complaint aocompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on , 19~ 0 by personal service 0 by (certified) (registered)
mail, sender's receipt attached hereto,
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS
IJAY OF
, 19_
Signature of affiant
Signature of official befors' whom afftdavit was made
Tiffe of officfal
My COmmission expires on
. 19_
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, COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-03
NOTICE OF JUDGMENTITRANSCRtpT
. CIVIL CASE
PLAIt'4TIFF: NAME and ADDRESS
'iQOT)g. WILLIS J I
R.R. 1, BOX 358
FALLS, PA 18615
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Mag. Dlst.No.:
OJ Name: Hon.
SUSAN K. DAY
1odd~1!i:229 MILL S'fREE'f, BOX 167
ti .. M'1'. HOLLY SPRINGS, PA
('11"\;," ,
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Teleph'n. (717) 486-7672 17065
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DEFENDANT: NAME end ADDRESS
luAILOR, VINCEtrr
, 1~94 MYERS'fOKN RD,
GARDNERS, PA 17324
L
Docket No.: cv- 0000136 - 00
Date Filed: ' 6/07/00
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suiAN It. DAY
229;)n:~L S~REE~, BOX 1Ei7
,', JfT~\fBOLLY SPRINGS, PA 17065
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'., THIS IS TO NOTIFY YOU THAT:
Judgment: FQR 1>~FJmTl"N'I'
~Judgment was entered for: (Name) "P'~ H,Il~ ,VT~Jm'I'
'[i] Judgment was entered against: (Name)' ROOTR, WTT.T.TR .T
In the amount of $
nn on:
(Date of Judgment)
A In':! Inn
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o Defendants are jointly and severally liable.
o Damages will be assessed on:
(Date & Time)
O Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Amount of Judgment $ .00
Judgment Costs $ .00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ .00
Post Judgment Credits $
Post Judgment Costs $
---------....--
------------
Certified Judgment Total $
o This case dismissed without prejudice.
o Levy is stayed for
days or 0 generally stayed. ,
" . " "
, ,
o Objection to levy has been filed and hearing will be held:
Date: Place:
"
Time:
, ,
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ANY PARTY HAS THE RIGHT ~o APPfA~,~IJHIN.~.p,,~AYS AFTER ;rHE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTl,a'i")l(I\ER'K Qf Jf;lE, ~OURT pF;COMMON PLEAS, CIVIL DIVISION. YOU
M~.ST INC.~UDE A COPY ~F'THIS/~P1~E,.-?,f.JUb~,~.~~~IJI,AN,SC7'IPT fORM WITH YOUR NOTICE OF APPEAL.
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, f ..;,'- (. (c Dati /' =.J ;\.'; ,.","),(.',-'(<,<:.1./ / , District Justice
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I certify that this is ~ true and carreciiopy bl \h~ reCQrct' (th9 p.r cee~ings containing the judgment.
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SEAL
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My commission \!kpires tirst Monday of January,
AOPC 315.99
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WILLIS J. ROOTE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVIL ACTION- LAW
v.
VINCENT FAILOR,
Defendant
NOTICE
YOU HA VB 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 ajudgement 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF
YOV DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
1-800-990-9108
CENTRAL PENNSYLVANIA LEGAL SERVICES
213A NORTH FRONT STREET
HARRISBURG, PA 17101
1-800-932-0356
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WILLIS 1. ROOTE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYL VANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVIL ACTION- LAW
v.
VINCENT FAILOR,
Defendant
COMPLAINT
AND NOW, comes the Plaintiff, WILLIS J. ROOTE, by his attorney, DANIEL
McGUIRE, Esq., pursuant to PaRC.P.J.P. 1001(6) and asserts the following:
1. Plaintiff, WILLIS J. ROOTE, is an adult individual residing at RR 1, Box 358, Falls,
PA 18615.
2. Defendant, VINCENT FAILOR, is an adult individual residing at 1194 Myerstown
Road, Gardners, PA 17324.
3. On February 13, 2000, Plaintiff and Defendant entered into a contract for the
purchase/sale of a 1972 Ford Bronco at,a garage near Defendant's residence in
Gardncrs, Cumberland County, Pennsylvania.
4. The purchase/sale of the Ford Bronco was contingent upon Plaintiff having the ability
to obtain financing.
5. Plaintiff tendered funds in the amount of $2,000.00 to Defendant to hold as security
while Plaintiff attempted to obtain financing.
6. According to the terms of the parties' contract, Defendant was contractually obligated
to return the funds referenced in Paragraph 5 of this Complaint if Plaintiff was
unsuccessful in obtaining financing.
7. On February 16, 2000, Plaintiff notified Defendant that he was unsuccessful in
obtaining the necessary financing.
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8. On or about March 6,2000, Defendant retmned $1,000.00 to the Plaintiff and
informed him that the balance of$I,OOO.OO would be forthcoming.
9. After numerous attempts by Plaintiff to retrieve the $1,000.00 balance from the
Defendant, Defendant informed Plaintiff that he was refusing to honor the terms of
the contract.
10. On June"ft, 2000, Plaintiff filed action against the Defendant in District Justice Susan
K. Day's Office.
11. On August 3,.1, 2000, judgment was entered in favor of the Defendant.
12. On September I'", 2000, Plaintiff filed a timely appeal from this judgment.
WHEREFORE, the Plaintiff demands damages in the amount of$I,OOO.OO, plus cost,
interest and attorney's fees. With the amount in controversy not exceeding mandatory
arbitration limits, Plaintiff hereby requests that this case be mandated to arbitration.
Respectfully submitted:
r;J~d
Daniel McGuire, Esquire
Supreme Court I.D. No. 81630
P.O. Box 61
Duncannon, P A 17020
(717) 834-5554
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SEP-19-2300 07:56 PM J M FITCH
570 388 4252
WUIS 1. ROOm.
P1allltilf
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IN THE COtmT QII COMMON PLIAS
OJ! THIl9'1'11 Jt.lDIClAL nIIITJUCT
OJ! PBNNS~VANIA
ctlWIlltAND COUNTY
NO.200N051
CM1. ACTION. LAW
.,
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VINCENT PAn.OR,
De1lmdaII
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I V4ril>' tw tile ~. "In tho ItIIOIIed A>>Wtlfve 1M md eanwt. I
UlIdentlill! dull 61,. _emMIt, IIeNlllllfe marl. sullject to dtt peqhleo of 18 h.C S.
4904 reIatIna to u_m falslflcation to iIIIIlorltict.
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W1l1l1 J. RoGIe
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waLlS J. ROOTE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVIL ACTlON- LAW
v.
VINCENT FAILOR,
Defendant
CERTIFICATE OF SERVICE
I, Daniel McGuire, Esquire, hereby certify that, on this date, a true and correct
copy of the foregoing Complaint was served upon Vincent Failor, Defendant in the
above-captioned matter, by mailing a copy of said Complaint from the New Bloomfield
Post Office via first class mail postage prepaid to the following address:
Vincent Failor
1194 Myerstown Road
Gardeners, PA 17324
DATE: q - 20 -00
~~~l
Daniel McGuire, Esquire
Supreme Court J.D. No. 81630
P.O. Box 61
Duncannon, P A 17020
(717) 834-5554
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WILLIS 1. ROOTE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND CO~Y
NO. 2000-6051 ,.
CIVIL ACTION- ~A W
v.
VINCENT FAILOR,
Defendant
NOTICE
YOU 1iA VE BEEN SUED IN COURT. If you wish to defend against the cJaims
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 judgement 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'LA WYER AT ONCE. IF
YOU DO NOT HAvE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE you
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE, PA 17013
(71 7) 249-3166
1-800-990-9108
CENTRAL PENNSYLVANIA LEGAL SERVICES
213ANORTHFRONT SlJEET
HARRISBURG,PA 17101
1-800-932-0356
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WILLIS 1. ROOTE,
Plaintiff
v.
VINCENT FAILOR,
Defendant
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUJ'ITY
NO. 2000-6051
CIVll- ACTION- LAW
AMENDED COMPLAINT
AND ~OW, comes the Plaintiff, WILLIS J. ROOTE, by his attorney, DANIEL
McGUIRE, Esq., pursuant to Pa.RC.P.1.P. 1001(6) and asserts the following:
1. Plaintiff, WILLIS 1. ROOTE, is an adult individual residing at RR 1, Box 358, Falls,
PA 1~615.
2. Defendant, VINCENT FAILOR, is an adult individual residing at 1194 Myerstown
Road, Gardners, P A 17324.
3. On February 13,2000, Plaintiff and Defendant entered into a contract fqrthe
purchase/sale ofa 1972 Ford Bronco at a garage near Defendant's residence in
Gardners, Cumberland County, Pennsylvania.
4. The purchase/sale of the Ford Bronco was contingent upon Plaintiff having the ability
to obtain financing.
5. Plaintiff tendered funds in the amount of $2,000.00 to Defendant to hold as sequrity
while Plaintiff attempted to obtain financing.
6. According to the terms of the parties' contract, Defendant was contractually obliflted
to return the funds referenced in Paragraph 5 of this Complaint if Plaintiff was
unsuccessful in obtaining financing.
7. On February 16, 2000, Plaintiff notified Defendant that he was unsuccessful in
obtaining the necessary financing.
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8. On or about March 6, 2000, Defendant returned $1,000.00 to the Plaintiff and
informed him that the balance of $1,000.00 would be forthcomii)g,
9. After numerous attempts by were made by Plaintiff to recover the $1,000.00 balance
from the Defendant, Defendant informed Plaintiff that he was refusing to hon9r the
terms of the agreement.
10. Oil June f';2000; Plaintifffiledan action /!gainst the Defendant in District Justice
Susan K. Day's Office.
n. On August 3m, 2000~judgment was entered in favor ofthe Defendant.
12: On September 1",2000; Plaintiff tiled a timely Ilppealfromthisjudgment.
COUNT I" UNJUST ENRICHMENT
13. Paragraphs 1 through 12 are hereby incorporated as though fully set forth below.
14. Defendant profited as a direct result of his unethical and illegal conduct.
15. Defendant has been unjustly enriched at the expense of Plaintiff.
COUNT 11- PROMISSORY ESTOPPEL,
16. Paragraphs 1 through 15 are hereby incorporated as though fully set forth below.
17. Plaintiff reasonably relied upon the terms of the agreement entered into by the parties
,
and the promises and covenants that were an integral part of said agreement.
18. Plaintiff acted in reliance of said promises to his detrin,tent.
19. Injustice can only be avoided through judicial enforcement of the agreement and the
underlying promises that are a part tht1.reof.
COUNT m- BREACH OF CONTRACT
20. Paragraphs 1 through 19 are hereby incorporated as though fully set forth below.
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21. The parties formed a legally binding contract that was contingent upon a condition
precedent, that being the Plaintiff obtaining financing,
22. One of the tenns of the parties' contract provided that, in the event Plaintiff was
unsuccessful in obtaining financing, Defendant was obligated to refund thf full
amount of Plaintiff's deposit.
23. Plaintiff made a good faith effort to obtain the necessary fmancing.
24. Plaintiff provided Defendant with notice that he was unsuccessful in obtaining the
necessary final}cing.
25. Defendant was contractually obligated to refund Plaintiff's deposit.
26. Defendant breached his contractual duties by failing to fully refund Plaintiff's
$2,000.00 deyosit.
WHEREFORE, the Plaintiff demands damages in the amount of$I,OOO.OOl plus
costs, interest and attorney's fees. With the amount in controversy not exceeding
mandatory arbitration limits, Plaintiff hereby requests that this case be mandated to
arbitration.
Respectfully submitted:
~~/1 ~ .
. , Daniel. cGuire,EsqUire
Supreme'CQurt ID. No. "1630
, P.D.Box 264 '
New Bloomfield, PA 17068
(717) 582-8883
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WILLIS 1. ROOTE,
Plaintiff
v.
VINCENT FAILOR,
Defendant
IN THE COURT OF COMMON PLEAS
OF THE 9m JUDICIAL DISlJUCT
OF PENNSYLVANIA
CUMBERLAND COUJNTY
NO. 2000-6051
CIVIL ACTlON- leA W
CERTIFICATE OF SERVICE
I, Daniel McGuire, Esquire, hereby certifY that, on this date, a true and corr~
copy of the foregoing Amended Complaint was served upon Vincent Failor, Defendant in
the above-captioned matter, by mailing a copy of said Complaint from the N~
Bloomfield Post Office via first class mail postage prepaid to the following address:
Vincent Failor
1194 Myerstown Road
Gardeners, P A F324
DATE:., IJ.~ ~~ 2='2..
c-A_~ /2-
, Attorney for Plaintiff
Daniel McGuire, Esquire
Supreme Court I.D. No. 81630
P.O. Box 264
New Bloomfield, P A 17068
(717) 582-8883
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WILLIS 1. ROOTE
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
VINCENT FAILOR
: NO. 2000-6051 CIVIL TERM
ORDER OF COURT
AND NOW, this 13TH day of AUGUST, 2001, a Rule is issued upon Defendant to
Show Cause why Plaintiff's Petition to Amend his complaint should not be granted.
Edward E. Guido, J.
Daniel McGuire, Esquire
For the Plaintiff
Vincent Failor
1194 Myerstown Rd.
Gardners, Pa. 17324
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WILLIS 1. ROOTE,
Plaintiff
v.
VINCENT FAILOR,
Defendant
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYL VANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVIL ACTION- LAW
ORDER
AND NOW, this
day of August, 2001, upon consideration of
Plaintiff s Motion to Amend Pleadings, leave is hereby granted to amend Plaintiff's
Complaint.
BY THE COURT:
J.
Distribution
Counsel for Plaintiff: Daniel McGuire, Esq. P. O. Box 264 New Bloomfield, P A 17068
Defendant: Vincent Failor 1194 Myerstown Road Gardners, P A 17324
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WILLIS J. ROOTE,
Plaintiff
v,
VINCENT FAILOR,
Defendant
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVIL ACTION- LAW
MOTION TO AMEND PLEADINGS
AND NOW, comes the Plaintiff, WILLIS J. ROOTE, by his attorney, DANIEL
McGUIRE, Esq., pursuant to Pa.R.C.P. 1033 and asserts the following:
L Plaintiff, WILLIS J. ROOTE, is an adult individual residing at RR. 1, Box 358, Falls,
PA 18615.
2. Defendant, VINCENT FAILOR, is an adult individual residing at 1194 Myerstown
Road, Gardners, PA 17324.
3. On September 6, 2000, Plaintiff timely filed an appeal from a district justice ruling.
4. On September 20,2000, Plaintiff timely filed his Complaint.
5. No Answer or Preliminary Objections were ever filed and there bas been nothing
further filed by either party in this matter
6. In his Complaint, Plaintiff alleged breach of contract.
7. Plaintiff desires to amend his Complaint to include an allegation of unjust
enrichment.
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WHEREFORE, Plaintiff requests leave of Court to amend his Complaint.
Respectfully submitted:
q~tt.1~
Supreme Court J.D. No. 81630
P.O. Box 264
New Bloomfield, P A 17068
(717) 582-8883
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WILLIS J. ROOTE,
Plaintiff
IN TIIE COURT OF COMMON PLEAS
OF THE 9TI{ ruDICIAL DISTRICT
OF PENNSYL VANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVIL ACTION- LAW
v.
VINCENT FAILOR,
Defendant
CERTIFICATE OF SERVICE
I, Daniel McGuire, Esquire, hereby certify that, on this date, a true and correct
copy of the foregoing MOTION TO AMEND PLEADINGS was served upon Vincent
Failor, Defendant in the above-captioned matter, by mailing a copy of said MOTION
from the New Bloomfield Post Office via first class mail postage prepaid to the following
address:
Vincent Failor
1194 Myerstown Road
Gardeners, P A 17324
DATE: -AU&-, Cf. Zx71
,
C)/4i1,
Daniel McGUIre, Esquire
Supreme Court I.D. No. 81630
P.O. Box 264
New Bloomfield, P A 17068
(717) 582-8883
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Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TIl JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVIL ACTION- LAW
v.
VINCENT FAILOR,
Defendant
AND NOW, this
ORDER
;l'lr. day of ()~
,2001, upon consideration
of Plaintiff's Motion to Make Rule Absolute, leave is hereby granted to amend the
pleadings in Plaintiff's complaint.
BY
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Counsel for Plaintiff: Daniel McGuire, Esq. P.O. Box 264 New Bloomfield, P A 17068
Defendant: Vincent Failor 1194 Myerstown Road Gardners, P A 17324
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WILLIS 1. ROOTE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVIL ACTION- LAW
v.
VINCENT FAILOR,
Defendant
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes the Plaintiff, WILLIS J. ROOTE, by his attorney, DANIEL
McGUIRE, Esq., pursuant to this Honorable Court's order dated August 13,2001, to
respectfully request that Plaintiff be granted leave to amend his pleadings. In support of
this Motion, Plaintiff asserts as follows:
1. On September 20, 2000, Plaintiff filed a complaint in the above-captioned action.
2. The Defendant did not file an answer Dr preliminary objections to said complaint.
3. On August 9, 200 I, Plaintiff filed a Motion to Amend Pleadings.
4. On August 13,2001, a Rule was issued on Defendant to show cause why Plaintiff
should not be granted leave to amend his pleadings. A true and correct copy of said
order is attached hereto and marked "Exhibit A".
5. To date, Defendant has failed to file a response.
6. To date, Defendant has not filed any instruments in the Court of Common Pleas with
respect to this case.
7. In his Complaint, Plaintiff alleged breach of contract.
8. Plaintiff desires to amend his Complaint to include an allegation of unjust
emichment.
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WHEREFORE, Plaintiff respectfully requests leave of Court to amend his Complaint.
Respectfully submitted:
~01
ttomey for Plaintiff
Daniel McGuire, Esquire
Supreme Court J.D. No. 81630
P.O. Box 264
New Bloomfield, P A 17068
(717) 582-8883
-
WILLIS J. ROOTE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
VINCENT FAILOR
: NO. 2000-6051 CIVIL TERM
ORDER OF COURT
AND NOW, this 13TH day of AUGUST, 2001, a Rule is issued upon Defendant to
Show Cause why Plaintiffs Petition to Amend his complaint should not he granted.
Edward E. Guido, J.
Daniel McGuire, Esquire
For the Plaintiff
Vincent Failor
1194 Myerstown Rd.
Gardners, Pa. 17324
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Plaintiff
IN TIffi COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVil- ACTION- LAW
v.
VINCENT FAILOR,
Defendant
CERTIFICATE OF SERVICE
I, Daniel McGuire, Esquire, hereby certify that, on this date, a true and correct
copy of the foregoing MOTION TO MAKE RULE ABSOLUTE was served upon
Vincent Failor, Defendant in the above-captioned matter, by mailing a copy of said
MOTION from the New Bloomfield Post Office via fIrst class mail postage prepaid to the
following address:
Vincent Failor
1194 Myerstown Road
Gardeners, P A 17324
DATE: Oc.r. 1'6 . Zoo I
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Daniel McGuire, Esquire
Supreme Court LD. No. 81630
P.O. Box 264
New Bloomfield, P A 17068
(717) 582-8883
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WILLIS 1. ROOTE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVIL ACTION- LAW
v.
VINCENT FAILOR,
Defendant
RULE TO SHOW CAUSE
AND NOW, this 'I. ..po. day of ~ ' 2002, a rule is hereby issued to
show cause why counsel for the Plaintiff should not be granted leave to withdraw his
appearance from this action. This rule is returnable in I " days from the date of
service.
If no objection is raised within the allocated time period, Counsel for the .
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Defendant shall be granted leave to withdraw his appearance fr, . 0 ~. ~ ~[ . s
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PENNSYLVANiA
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WILLIS J. ROOTE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVIL ACTION- LAW
v.
VINCENT FAILOR,
Defendant
PETITION TO WITHDRAW
AND NOW, comes Counsel for the Plaintiff, Daniel McGuire, Esquire,
(hereinafter the Petitioner) to petition this Honorable Court for leave to withdraw from
the above-captioned action. In support of this petition it is hereby asserted:
I. Petitioner has left private practice and, due to new work related responsibilities,
Petitioner is unable to continue representing the Plaintiff.
2. To the best of Petitioner's knowledge, information and belief, there are currently no
other motions or petitions filed in this action that are currently pending before the
Court.
3. Petitioner communicated to Plaintiff Petitioner' s need to withdraw his appearance
from this action. Subsequently, Plaintiff executed a Praecipe to Withdraw. See
Exhibit "A"
4. Circumstances require Petitioner to withdraw his appearance, the Plaintiff has
cooperated in assisting Petitioner to withdraw from this case and neither the Plaintiff
nor the Defendant should suffer prejudice if this Court were to grant the relief
requested by Petitioner.
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WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a
Rule to Show Cause why the relief sought by Petitioner should not be granted.
Respectfully submitted:
~$yZ-
Attorney for Plaintiff! Petitioner
Daniel McGuire, Esquire
Supreme Court lD. No. 81630
P.O. Box 264
New Bloomfield, P A 17068
(717) 582-8883
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WilLIS 1. ROOTE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVIL ACTION- LAW
v.
VINCENT FAILOR,
Defendant
PRAECIPE TO WITHDRAW
AND NOW, Counsel for the Plaintiff, Daniel McGuire, Esquire, by agreement of
Counsel and Plaintiff hereby withdraws his appearance from the above-captioned action.
DATE: ~ /en /;() 0.2-
WJJ:J. ~
SIGNA
Willis 1. Roote
DATE: ~d cr, Zoo'L
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Daniel McGuire, Esq.
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WILLIS 1. ROOTE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYL VANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVIL ACTION- LAW
v.
VINCENT FAILOR,
Defendant
CERTIFICATE OF SERVICE
I, Daniel McGuire, Esquire, hereby certify that, on this date, a true and correct
copy of the foregoing PETITION TO WITHDRAW was served upon the Defendant,
VINCENT FAILOR, and the Plaintiff, WILLIS 1. ROOTE, in the above-captioned action
by mailing copies of said PETITION from the Harrisburg, Pennsylvania Post Office via
first class mail postage prepaid to the following addresses:
Willis J. Roote
R.R. 1 Box 358
Falls, PA 18615
Vincent Failor
1194 Myetstown Road
Gardeners, P A 17324
DATE: ~~L~ 10. 200l
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Attorney or P amtl etltloner
Daniel McGuire, Esquire
Supreme Court lD. No. 81630
P.O. Box 264
New Bloomfield, P A 17068
(717) 582-8883
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WilUS J. ROOTE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9111 JUDICIAL DISlRICT
OF PENNSYL VANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVIL ACTION- LAW
v.
VINCENT FAILOR,
Defendant
ORDER MAKING RULE ABSOLUTE
AND NOW, this I S~ day of ~ 2002, the rule issued on July
16, 2002 is hereby made absolute and Petitioner is granted leave to withdraw from this
action. Therefore, it is hereby ORDERED and DECREED that Petitioner is no longer
attorney of record for Plaintiff.
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WILLIS 1. ROOTE,
Plaintiff
v.
VINCENT FAILOR,
Defendant
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYL VANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVIL ACTION- LAW
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Counsel for the Plaintiff, Daniel McGuire, Esquire,
(hereinafter the Petitioner) to petition this Honorable Court for leave to withdraw from
the above-captioned action. In support of this petition it is hereby asserted:
1. On or about July 15,2002, Petitioner filed a Petition to Withdraw. When said
Petition was mailed to the Office of Prothonotary for Cumberland County, both
Plaintiff and Defendant were served.
2. On July 16,2002, this Honorable Court executed a Rule to Show Cause why the
relief sought by Petitioner should not be granted. This Rule was returnable in 10
days. Pursuant to local rules of court, Petitioner provided the Cumberland County
Prothonotary with envelopes addressed to the Plaintiff and Defendant, with the
required first-class postage, for service ofthe Rule.
3. To date, August 6, 2002, Petitioner has not received a copy of any response to said
Rule. Therefore, Petitioner believes that neither the Plaintiff nor Defendant filed a
response.
4. Since Petitioner has left private practice, Petitioner desires to withdraw from this
action as soon as possible.
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WHEREFORE, Petitioner respectfully requests that this Honorable Court issue an
order making the Rule of July 16, 2002 absolute and allow Petitioner to withdraw from
this action.
Respectfully submitted:
Q4{(/!~
Attorney for Plaintiff! Petitioner
Daniel McGuire, Esquire
Supreme Court lD. No. 81630
P.O. Box 264
New Bloomfield, P A 17068
(717) 582-8883
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WILLIS J. ROOTE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF TIIE 9TII JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY
NO. 2000-6051
CIVIL ACTION- LAW
v.
VINCENT FAILOR,
Defendant
CERTIFICATE OF SERVICE
I, Daniel McGuire, Esquire, hereby certify that, on this date, a true and correct
copy of the foregoing MOTION TO MAKE RULE ABSOLUTE was served upon the
Defendant, VINCENT FAILOR, and the Plaintiff, WILLIS 1. ROOTE, in the above-
captioned action by mailing copies of said MOTION from the Harrisburg, Pennsylvania
Post Office via first class mail postage prepaid to the following addresses:
Willis 1. Roote
R.R. 1 Box 358
Falls, PA 18615
DATE: -4ur'r ? J lJJTJ2....
Vincent Failor
1194 Myerstown Road
Gardeners, P A 17324
Q~~-
Daniel McGuire, Esquire
Supreme Court I.D. No. 81630
P.O. Box 264
New Bloomfield, P A 17068
(717) 582-8883
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