HomeMy WebLinkAbout06-2269TH OF
COURT OF COMMON PLEAS
Judicial District, County Of tvarEiE-P-_GAA'D
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
C.V -) 8 y OS
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
was Claimant (see Pa.
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
SgnaNre of Prdhorwtery w Deputy
PRAECIPE TO 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.D.J. 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
Enter rule upon appellee(s), to file a complaint in this appeal
Name of appellee(s?T l _.._
(Common Pleas No. Qb , a? 9 of f? f? ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
I?2_? rrX?`??
Signature of appellant or attorney or agent
RULE: To aiz 3& f?Ms). M.-?appellee(s)
Name of appellee(sl
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dale of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this. rule if service was by mail is the date of the mailing.
Date: - a , 20 --
Si ure th ofary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW- APPELLANT'S COPY
PINK-COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (?0) DAYS AFTER filing of the notice of appeal. Check applicahte boxes,;
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas . upon the Distnct Justice designated therein on
(date of service) . 20 ? by personal seivtce ? by (uertihLdj {registered; mail,
sender's receipt attached hereto, and upon the appellee, (name) _ or
- 20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , ZO
sgnatwo of afnal boiwr' whom e(8tlav7 was made
5T `
?. `
lT RAJ
?
? `f
M-
nr +! r; :,r aff ant
r-s
Tirla of official
My commission expires on 2Q
COMMONWEALTH OF PENNSYLVANIA
COUMTV nm rnuwe.._ _-
IAWN.O , iron 09-3-02
VxvrAN 1i
nnarnEa;
?D Bo
2-"x 155
27 w BX0 SPR,IJIG
loin rLLB, pA
(717) 776-
-? 3187
1'0 BOX 155
27 IF BIG SPaza; Avz
aagvrrs'a. PA 1724.1
NOTICE
OF
laL INnFF. CIVIL AS.r'R rn.
20x?L . R033IM2,
0Wff A0i; ' PA 19335 _
Avg L
DEF&IDANT: Vg-
_?J ru- 45 LOt;I$ SALYA¢g YNABDric 4]hRF59
C"ZIO?, OS8$0 PA 7tID x7013SCgp0L ]to" 1
THIS IS TO NOTIFY YOU THAT:
Judgment:
? Judgment was entered for: (Name)
LJ Judgment was entered against: (Namat
in the amount of $ ------ 2,,Qfi-rL,? on:
? Defendants are jointly and ser,erally liable.
LJ Damages will N assessed on:
? This case dismissed without prejudice.
Amount of Judgment Sub ect to
? Attachment/42 Pa.C.S. § $127 $
Portion of Judgment for pnysical
damages arising out of residential
lease $ _
Docket No.: Cy.p000185.05 M& - J
Dare Fried: 12/19/05
--?
(Date of Judgment) ,
(Date 8 Tilde) _
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Post Judgment Credits $_
Post Judgment Costs S
Certified Judgment Total
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE,
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES. OR OTHERWISE COMPLIES WITH THE JUDGMENT.
4;0- C-yA'5'Date
, Magisterial District Judge
I certify that th s is a true and correct copy of the record of the proceedings Containing the judgment.
Date Magisterial District Judge
My commission expires first Monday of January, 2012 .
SEAL
AOPC 31 5.M DATZ PRXNTED: 3/23/06 4:22s4O Pitt
-COMMONWEALTH OF PENNSYLVANIA
nnl INTV nF CUMBERLAND
MaB.
09-3-02
MDJ Name: Hon.
VIVIAN CONICX
Adl PO BOX 155
27 N BIG SPRING AVE
NENVILLE, PA
Telephone: (717 ) 776-3187 17241
COURT OF COMMON PLEAS :
COMMON PLEAS NOTIFICATION
PLAINTIFF: REQUEST FORM
NAME! and ADDRESS
FMCNEAL JR, :ROBERT M
200 WINDINGWAY
DOWNINGTOWN, PA 19335
L
vs.
DEFENDANT: NAMEand ADDRESS
FFAILOR-S SALVAGE YARD
452 CROSSROAD SCHOOL ROAD
CARLISLE, PA 17013
J
C'umbl G v CD-, er le L J
Pr?kk,?_m^f Cik?t? Docket No.: CV-0000185-05
One Lour{?„, S•?n C Date Filed: 12,119/05
Disposition Date: 3/23/06
Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the
results in this case, and return to the issuing authority (listed above).
RESULT OF APPEAL Common Pleas Judge
CIVIL-LANDLORD/TENANT APPEAL
- APPEAL STRICKEN - appeal has been disallowed.
APPEAL DISCONTINUED - appeal has been discontinued by appellant.
MAGISTERIAL DISTRICT JUDGE DECISION UPHELD - court has reached the same decision as the magisterial
district judge judgement.
MAGISTERIAL DISTRICT JUDGE DECISION DISMISSED - court has reached a decision that does not concur with
the district justice decision.
WRIT OF CERTIORARI
- WRIT STRICKEN - appeal has been disallowed.
WRIT DISCONTINUED - writ has been discontinued by appellant.
- MAGISTERIAL DISTRICT JUDGE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of
juristiction, or improper venue.
- WRIT DISMISSED - ma isterial district judge decision was not found to be flawed, lacking jurisdiction, or having
imp?oper venue.
STATEMENT OF OBJECTION (Please give a general summary of the results)
- OBJECTION DISCONTINUED - objection has been discontinued by the appellant.
- OBJECTION DENIED - objection has been denied by the Court of Common Pleas.
- OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas.
AOPC 7298-05 DATE PRINTED: 4/27/06 3:39:12 PM
COMMONWEALTH OF PENNSYLVANIA
rnl INTY nF. CMMZR .AND
09-3-02
MDJ Name: Hon.
VIVIAN COHICX
Address: PO BOX 155
27 1N BIG SPRING AVE
NENVILLE, PA
Tetepha,¢. (717) 776-3187 17241
VIVIAN COHICX
PO BOX 155
27 W BIG SPRING AVE
NZWVILLE, PA 17241
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
rNCNEAL JR, ROBERT N
200 WINDINGWAY
DOWNINGTOWN, PA 19335
L J
VS.
DEFENDANT: NAME and ADDRESS
FFAILOR-S SALVAGE YARD
452 CROSSROAD SCHOOL ROAD
CARLISLE, PA 17013
L J
Docket No.: CV-0000185-OS
Date Filed: 12/19/05
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for: (Name) mmmaT. Til gAAilIIT N
® Judgment was entered against: (Name) FATT.on r A SAT.VAGE vAT?n
in the amount of $ 2, n95 _ De on: (Date of Judgment) ?/23/DS
? Defendants are jointly and severally liable.
? Damages will be assessed on:
? This case dismissed without prejudice.
Amount of Judgment Subject to
? Attachment/42 Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential
lease $
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
3 -J-3 -CGDate
1 certify that this is a true and correct copy of
Date
My commission expires first Monday of January, 2012 .
, Magisterial District Judge
record of the proceedings containing the judgment.
, Magisterial District Judge
SEAL
AOPC 315-05 DATE PRINTED: 3/23/06 4:22:40 PM
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: Cumberland
Magisterial District Number:
09-3-02
MDJ Name: Hon.
vacant MDJ
Address: P.O. Box 155
Newville, PA 17241
Telephone: (717)776-3187
AMOUNT DATE PAID
FILING COSTS $ 77. 00
POSTAGE $ 8. 00
SERVICE COSTS $
CONSTABLE ED. $
TOTAL $ 85. 00 /Al /9 /03
CIVIL COMPLAINT
PLAINTIFF: NAME and ADDRESS
F- Robert M. McNeal, Jr.
200 Windingway
Downingtown, PA 19335
L- VS.
DEFENDANT: NAME and ADDRESS
F- Failor's Salvage Yard
452 Crossroad School Road
Carlisle, PA 17013
L- ?
Docket No.: V j L 5 / - G?
Date Filed: c?J ,
Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for S 3,500.00 together with costs
upon the following claim (Civil fines must include citation of the statute or ordinance violated):
Upon seeing an Auto Locator advertisement for a 1994 grey Honda Civic hatchback, Plaintiff went to Defendant's
place of business to look at the vehicle. On or about July 18, 2005, Plaintiff entered into a sales agreement to
purchase a 1995 Honda Civic hatchback for $3,700.00. Plaintiff gave Defendant a $3,500.00 cash deposit and
agreed to pay the additional $200.00 upon Defendant's completion of painting and repairing the automobile's right
fender and door. Defendant has failed to deliver the vehicle or return Plaintiffs $3,500.00. Plaintiff seeks judgment in
his favor for the $3,500.00 tendered to Defendant due to Defendant's breach of the agreement plus costs of this
action and any additional relief that the Court may deem appropriate.
I, Robert M. McNeal. Jr. verify that the facts set forth in this complaint are true and correct to the
best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes in
Code (13 PA. C.S. § 4904) related to unsworn falsification to authorities.
jj / ?i-
(Sign ture of Plaintiff or Authoriz Agent)
Plaintiffs
Attorney: Stacy B. Wolf, Esquire
Telephone: (717)241-4436
Address: 37 South Hanover Street, Suite 201
PA 17013
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE
ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO,
JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you
intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days
before the date set for the hearing.
If you are disabled and require a reasonable accommodation to gain access to the Magisterial
District Court and its services, please contact the Magisterial District Court at the above address
or telephone number. We are unable to provide transportation.
AOPC 308A-05
.w't« I nFl,liii M? d •Id'?,I
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to
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(TNs proof of service m tST FE FLED WITHIN TEN (10) DAYS AFTER riling of the notice of appeal. Check applicable boxes.)
COMMONWEACfH OF FtrNNQ 'I VANIA
COUNTY OF C^`,1j,,\r.. ^ A,,.l_sq4SQ ss
-
AFFIDAVM I herehv iswe.3r' (affirm) that I servzd
? a copy ,,'the =1c twe of Appeal, Co! nmon Pleas 06 -;L;L& yupon the District Justice designated therein on
jdate o'servic e;
?j 20 c> tr, , ? by personal service ? by (certified) (registered) mail,
ter>
- -
sender race of attached hereto, and upon the appellee, (name) gj? WoLxrtl IS' , on
S, '5 20 C) (t, !J by personal service ? by (certified) (registered) mail,
serti recept attached hereto. `
(SWORN (AFFIRMEMAND UP SCRIBED BEFORE ME
THISfi i? t° DAY Oi ;;?, 20?
A
3ignatare of o6"rclal before wtam affldaw w.Is made
TO of official
My commission expires on 20
Sig of aniant
COMMONWEALTH OF PENNSYLVANIA
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No!aAal S9al
Fat ar, Notary Pud c
anda L
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^arlele Boro, v m°berland CoumY v
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My Cortmw9s ur,. Fop res= T
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Member, Pa nnsytvania Assxietbn of NOtarws
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COURT OF COMMON PLEAS
Judicial District, County Of GVVY1a3EIP(,/ll?fp
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
Fxt t_ux's 5ALgAGE %?Areq I o5-3- off. I v\v (P.0 co t+kCW_
C
3
cv- S8s- 05;-
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after riling the NOTICE of APPEAL.
SpnaW of Rathwotaryo,Deptey
PRAECIPE TO 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.D.J. 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
Enter rule upon Rpl3?2T (M. Mr-WeAI.. I -TR, appellee(s), to file a complaint in this appeal
Name of appeaee(a)
(Common Pleas No. ?b . a1?o9 Of U t 1 ) within twenty (20) days after service of rule or suffer e ry of judgment of non pros.
Sonat" ofappeaant orakomey or spent
RULE: To kD?R?r &k. 1 appellee(s)
Name of appellee(a)
(1) You are notified
of this rule upon you byp
entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
certified or registered mail.
(2) If you do clgt % a complaint with U* jime, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The d "• service of this rule if service was by mail is the date of the mailing.
Date % , 20
'y svisrute tofery or Deputy
'l.
ACOPY C9TtW NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
YOU MUST *ttxaF
U
AOPC 312-02
WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW-APPELLANT'S COPY
PINK- COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE'
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE, PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
ROBERT M. McNEAL, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
FAILOWS SALVAGE YARD and
STEVEN A. FAILOR, individually,
Defendants
: NO. 2006 - CIVIL TERM
: CIVIL ACTION - LAW
NOTICE TO DEFEND
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 an 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 maybe 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, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE, PA 17013
(717) 2414436
ATTORNEY FOR PLAINTIFF
ROBERT M. McNEAL, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
FAILOWS SALVAGE YARD and
STEVEN A. FAILOR, individually,
Defendants
: NO. 2006 - 2269 CIVIL TERM
: CIVIL ACTION - LAW
COMPLAINT
NOW comes the plaintiff, Robert M. McNeal, Jr., by his attorney, Stacy B. Wolf, Esquire,
and presents the following Complaint, representing as follows:
1. The Plaintiff is Robert M. McNeal, Jr. (hereinafter referred to as "Plaintiff"), an adult
individual residing at 200 Windingway, Downingtown, Pennsylvania 19335.
2. Defendant is Failor's Salvage Yard (hereinafter referred to as "Defendant"), a Pennsylvania
business entity operating at 452 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania
17013.
3. Defendant, Steven A. Failor, is the individual owner of Failor's Salvage Yard residing at 452
Crossroad School Road, Carlisle, Cumberland County, Pennsylvania 17013.
4. On or about July 18, 2005, Plaintiff signed a written sales agreement to purchase a 1994 blue
Honda Civic hatchback (hereinafter referred to as "the vehicle") from Defendants for the sum of
$3,700.00. A true and correct copy of said agreement is attached hereto as Exhibit "A."
5. Plaintiff made a $3,500.00 cash deposit to Defendants and agreed to pay the additional
$200.00 upon Defendants' completion of painting and repairing the vehicle's right fender and door.
6. Defendants have failed to deliver the vehicle or refund the entire $3,500.00 deposit.
7. As evidence of their acknowledgement of their obligation to refund Plaintiff's $3,500.00, due
to Defendants' failure to provide the vehicle, in January, 2006, Defendants refunded $1,500.00 to
Plaintiff.
8. On January 23, 2006, at the time of payment of the $1,500.00, Defendant Steven A. Failor
signed an agreement stating he would be paying the balance of $2,000.00 to Plaintiff by March 23,
2006. A true and correct copy of said agreement is attached hereto as Exhibit "B."
9. Defendants have failed to pay the remaining $2,000.00 still owed to Plaintiff in accordance
with their agreement.
10. Plaintiff is entitled to the monies due for the refund, because Defendants breached the
written sales agreement, and in accordance with the written agreement signed by Defendant Steven
A. Failor.
WHEREFORE, Plaintiff, Robert M. McNeal, Jr., prays that this Honorable Court
enter judgment for the Plaintiff and against Defendants, Failor's Salvage Yard and Steven A. Failor,
in the amount of $2,000.00, together with interest and costs of this action and any additional relief
the Court deems appropriate and just
COUNT I - BREACH OF CONTRACT
Robert M. McNeal, Jr. v. Failor's Salvage Yard and Steven A Fa' or, individually
11. Plaintiff incorporates by reference paragraphs 1 through 10 as if set forth in full herein.
12. Defendants' failure to deliver the vehicle to Plaintiff constitutes a breach of the parties'
agreement.
13. Defendants' failure to return the remaining $2,000.00 to Plaintiff in accordance with
Defendant Steven Failor's signed written agreement constitutes a breach of Defendants' agreement.
14. Defendants' breach of the sales agreement to deliver the vehicle to Plaintiff has caused the
damages suffered by Plaintiff.
15. Defendants' breach of the written agreement to pay the balance owed of $2,000.00 has
caused the damages suffered by Plaintiff.
WHEREFORE, Plaintiff, Robert M. McNeal, Jr. prays that this Honorable Court enter
judgment for the Plaintiff and against Defendants, Failor's Salvage Yard and Steven A. Failor, in the
amount of $2,000.00, together with interest and costs of this action and any additional relief the
Court deems appropriate and just.
COUNT II - UNJUST ENRICHMENT
16. Plaintiff incorporates by reference paragraphs 1 through 15 as if set forth in full herein.
17. Plaintiff has received no vehicle in return for his payments to Defendants.
18. Defendants have repaid Plaintiff $1,500.00 of the total owed.
19. Defendants agreed to repay Plaintiff the remaining $2,000.00.
20. Defendants' payment evidences Defendants' acknowledgement of the amount owed to
Plaintiff and Defendants' intention to repay Plaintiff.
21. Defendants' refusal to repay Plaintiff has resulted in their unjust enrichment to the detriment
of Plaintiff.
WHEREFORE, Plaintiff, Robert M. McNeal, Jr. prays that this Honorable Court enter
judgment for the Plaintiff and against Defendants, Failor's Salvage Yard and Steven A. Failor, in the
amount of $2,000.00, together with interest and costs of this action and any additional relief the
Court deems appropriate and just
Respectfully Submitted,
WOLF & WOLF
October Z-, 2006 By:
STACY B. WOLF, ESQUIRE
Attorney for Plaintiff
WOLF & WOLF
10 West High Street
Carlisle, Pennsylvania 17013
(717) 241-4436
Supreme Court I.D. No. 88732
FAILOR'S SALVAGE YARD,6;k 7 it
452 Crossroad School Road
Carlisle, PA 17013 41P
(717) 771?-="On
a
CUSTOMER'S ORDER NO. SOLD BY DATE
i
SOLD TO
ADDRESS Pt i / 1 ?l1 r7.
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MDSE. SOLD MDSE. RET'D RECD ON MISC' P
iD OUT
CASH CHARGE CASH CHARGE
ACCT. - NOTE
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QTY. PART NO. ARTICLES PRICE AMOUNT
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TOTAL
v AII'claims and'retumed goods MUST be accompanied by this bill.
draft q"
NON-RETURNABLE IF CUSTOMER RETURNS PARTS
FOR CHANGED MIND OR DID NOT FIX THE PROBLEM.
E?XH 16/-F A
I, Steven A. Failor of Failor's Salvage Yard, Carlisle, Pennsylvania, have this date paid
$1,500.00 toward the $3,500.00 I have agreed to pay-to Robert McNeal, Jr. I agree to pay
the remaining $2,000.00 by March 23, 2006 to fully settle RobyM,,cN,,e 1, Jr.'s claim
Date: 0
Steven A. Failor
?I?lgl1
VERIFICATION
I do hereby verify that I am the plaintiff in the instant action and that the facts set forth in
this petition are true and correct to the best of my information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.CS. Section 4904, relating to unworn
falsification to authorities.
September? , 2006
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE, PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
ROBERT M. McNEAL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
FAILOWS SALVAGE YARD and
STEVEN A. FAILOR, individually,
Defendants
: NO. 2006 - 2269 CIVIL TERM
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of the
foregoing Complaint upon the following person and in the manner indicated:
SERVICE BY U.S. MAIL:
Steven A. Failor
Failor's Salvage Yard
452 Crossroad School Road
Carlisle, PA 17013
October a, 2006
By: A4U?t 8. UW1
STACY B. OLF, ESQUIRE
Attorney for Plaintiff
WOLF & WOLF
10 West High Street
Carlisle, Pennsylvania 17013
(717) 241-4436
Supreme Court I.D. No. 88732
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STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE, PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
ROBERT M. McNEAL, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
: NO. 2006 - 2269 CIVIL TERM
FAILOWS SALVAGE YARD and
STEVEN A. FAILOR, individually,
Defendants : CIVIL ACTION - LAW
To: Failoes Salvage Yard and
Steven A. Failor
452 Crossroad School Road
Carlisle, PA 17013
Date of Notice: November 1, 2006
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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.
MS 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, PA 17013
717-249-3166
WOLF & WOLF
November L 2006 By: At?4 A??
STACY B. OLF, ESQUI
Attorney for Plaintiff
10 West High Street
Carlisle, Pennsylvania 17013
(717) 241-4436
Supreme Court I.D. No. 88732
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE, PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
ROBERT M. McNEAL, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
FAILOR'S SALVAGE YARD and
STEVEN A. FAILOR, individually,
Defendants
: NO. 2006 - 2269 CIVIL TERM
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of the
foregoing document upon the following and in the matter indicated:
SERVICE BY FIRST CLASS MAIL:
Steven A. Failor
Failor's Salvage Yard
452 Crossroad School Road
Carlisle, PA 17013
WOLF & WOLF
f
ovember 2006 By: 'V ;6'
N-?-4
STACY . WOLF, ESQUIWE
Attorney for Plaintiff
10 West High Street
Carlisle, Pennsylvania 17013
(717) 241-4436
Supreme Court I.D. No. 88732
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ROBERT M. McNEAL, JR.
Plaintiff
V.
FAILOR'S SALVAGE YARD and
STEVEN A. FAILOR, individually,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006 - 2269 CIVIL TERM
CIVIL ACTION -LAW
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed Answer with New
Matter within twenty (20) days from service hereof or a judgment may be entered against you.
IRWIN & McKNIGHT
Douglas . Miller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Defendants
Date: November 13, 2006
ROBERT M. McNEAL, JR.
Plaintiff
V.
FAILOR'S SALVAGE YARD and
STEVEN A. FAILOR, individually,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006 - 2269 CIVIL TERM
CIVIL ACTION -LAW
ANSWER WITH NEW MATTER
TO PLAINTIFF'S COMPLAINT
AND NOW this 13`h day of November, 2006, come the Defendants, Failor's Salvage
Yard and Steven A. Failor, by and through their attorneys, Irwin & McKnight, and respectfully
file this Answer with New Matter to the Plaintiff's Complaint, and in support thereof aver as
follows:
1. The averments of fact contained in paragraph one (1) of the Plaintiff's Complaint
are admitted.
2. The averments contained in paragraph two (2) of the Plaintiff's Complaint are
admitted in part and denied in part. It is admitted that Failor's Salvage Yard operates at 452
Crossroad School Road, Carlisle. The remaining averments of paragraph two (2) are specifically
denied and strict proof thereof is demanded at trial.
3. The averments contained in paragraph three (3) are specifically denied and strict
proof thereof is demanded at trial.
4. The sales agreement identified in paragraph four (4) speaks for itself and therefore
no response is required. To the extent that a response is required, it is admitted that Plaintiff
signed the sales agreement with Defendant Failor's Salvage Yard. The remaining averment in
paragraph four (4) are specifically denied and strict proof thereof is demanded at trial.
5. The averments contained in paragraph five (5) are admitted in part and denied in
part. It is admitted that Plaintiff made cash deposit to Failor's Salvage Yard. The remaining
averments of paragraph five (5) are specifically denied and strict proof thereof is demanded at
trial.
6. The averments contained in paragraph six (6) are conclusions of law to which no
response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded at trial.
7. The averments contained in paragraph seven (7) are denied as stated. It is
admitted that Plaintiff was refunded the principal sum of $1,500.00. The remaining averments in
paragraph seven (7) are specifically denied and strict proof thereof is demanded at trial.
8. The document attached as Exhibit "B" to Plaintiff's Complaint speaks for itself
and therefore no response is required.
9. The averments contained in paragraph nine (9) are conclusions of law to which no
response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded at trial.
10. The averments contained in paragraph ten (10) are conclusions of law to which no
response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded at trial.
2
WHEREFORE, Defendants respectfully request this Honorable Court to enter a
judgment in their favor and against Plaintiff in this matter, together with reasonable costs and
attorney fees, and such other and further relief as this Court deems just.
COUNTI
11. The averments contained in the Defendants' Answers in paragraphs one (1)
through ten (10) above are hereby incorporated by reference as if fully set forth below.
12. The averments contained in paragraph twelve (12) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
13. The averments contained in paragraph thirteen (13) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
14. The averments contained in paragraph fourteen (14) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
15. The averments contained in paragraph fifteen (15) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
WHEREFORE, Defendants respectfully request this Honorable Court to enter a
judgment in their favor and against Plaintiff in this matter, together with reasonable costs and
attorney fees, and such other and further relief as this Court deems just.
3
COUNT II
16. The averments contained in the Defendants' Answers in paragraphs one (1)
through fifteen (15) above are hereby incorporated by reference as if fully set forth below.
17. The averments contained in paragraph seventeen (17) are admitted in part and
denied in part. It is admitted that Plaintiff did not receive any vehicle in return for his payment.
The remaining averments of paragraph seventeen (17) are specifically denied and strict proof
thereof is demanded at trial.
18. The averments contained in paragraph eighteen (18) are denied as stated. It is
admitted that Plaintiff was refunded the principal sum of $1,500.00. The remaining averments in
paragraph eighteen (18) are specifically denied and strict proof thereof is demanded at trial.
19. The averments contained in paragraph nineteen (19) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
20. The averments contained in paragraph twenty (20) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
21. The averments contained in paragraph twenty-one (21) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
4
WHEREFORE, Defendants respectfully request this Honorable Court to enter a
judgment in their favor and against Plaintiff in this matter, together with reasonable costs and
attorney fees, and such other and further relief as this Court deems just.
NEW MATTER
22. The averments of fact contained in the Answers to the Complaint are hereby
incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff.
23. Defendant Steven A. Failor is not the individual owner of Failor's Salvage Yard.
24. Defendant Failor's Salvage Yard completed the repair of the vehicle pursuant to
the Plaintiff's contract, including the repainting of the vehicle.
25. After the vehicle was repaired, finished, and repainted, Plaintiff refused to accept
delivery of the vehicle.
26. Upon information and belief, Plaintiff purchased another vehicle and without
justification refused acceptance of the vehicle from Defendant Failor's Salvage Yard.
27. Plaintiff's Complaint therefore fails to state claims or causes of action upon which
relief can be granted.
28. All or a portion of Plaintiff's claims may be barred by the defense of the
applicable statute of limitations.
29. All or a portion of Plaintiff's claims may be barred by the defense of laches.
5
30. All or a portion of Plaintiff's claimed damages are attributable to persons and/or
causes other than the named Defendants.
31. Plaintiff's claims may be barred and/or limited by Plaintiff s failure to mitigate or
to properly mitigate his damages.
WHEREFORE, Defendants respectfully request this Honorable Court to enter a
judgment in their favor and against Plaintiff in this matter, together with reasonable costs and
attorney fees, and such other and further relief as this Court deems just.
Respectfully Submitted,
IRWIN & McKNIGHT
By:
glas . Miller, Esquire
Supreme Court ID # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Defendants
Dated: November 13, 2006
6
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to autl
Date: November 13, 2006
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Stacy B. Wolf, Esquire
Wolf & Wolf
10 West High Street
Carlisle, PA 17013
(Attorney for Plaintiff)
Date: November 13, 2006 IRWIN & McKNIGHT
!,
Douglas G?Kller, Esq(iire
Supreme Court ID No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Defendants
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STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE, PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
ROBERT M. McNEAL, JR.,
Plaintiff
V.
FAILOR'S SALVAGE YARD and
STEVEN A. FAILOR, individually,
Defendants
: IN THE COURT OF COMB
: CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 2006 - 2269 CIVIL TERM
. I
CIVIL ACTION - LAW
PLEAS Or
NOW comes the plaintiff, Robert Ni McNeal, Jr., by and Ithrough his attorney, Stacy B.
to the defendants' new matter, presenting as follows:
Wolf, Esquire, and files this reply
III
22. No response is necessary.
23. Plaintiff, after reasonable investigation, is without knowledge or information sufficient
to form a belief as to the truth of these averments.
24. Plaintiff, after reasonable investigation, is wiithout knowledge or information
sufficient to form a belief as to the truth of these averments.
25. Denied. To the contrary, Plaintiff was never contacted by Defendants concerning
whether the vehicle was repaired, finished, and repainted and c nceming delivery of the vehicle. By
way of further response, Plaintiff contacted Defendant Steven A. Failor', concerning the availability
of the vehicle already paid for and Plaintiff was told because th? vehicle had been in a few accidents
Defendant Steven Failor did not feel comfortable delivering that vehicle to Plaintiff but asked
Plaintiff if he would like Defendant to find Plaintiff a different
26. Denied. To the contrary, Plaintiff did not purchase another vehicle until the summer
of 2006 and did not refuse acceptance of the vehicle from Defendant Failor's Salvage Yard.
27. Denied. The averments of paragraph twenty-seven of Defendants' new matter
constitute a conclusion of law to which no response is required To the extent, however, that a
response may be required, Plaintiff denies that he has failed toil state claims or causes of action
upon which relief may be granted.
28. Denied. The averments of paragraph twent)?ight of Defendants' new matter
constitute a conclusion of law to which no response is required. To the extent, however, that a
response may be required, Plaintiff denies that all or a portion of p'laintiff's claims may be barred by
the defense of the applicable statute of limitations.
29. Denied. The averments of paragraph twent-,nine of Defendants' new matter
constitute a conclusion of law to which no response is required. To the extent, however, that a
response may be required, Plaintiff denies that all or a portion of III', Plaintiff's claims may be barred by
,
the defense of laches.
30. Denied. The averments of paragraph thirty of Defendants' new matter constitute a
conclusion of law to w response is required. To the extent, however, that a response maybe
which no
required, Plaintiff denies that all or a portion of Plaintiff's chimed damages are attributable to
persons and/or causes other than the named Defendants.
31. Denied. The averments of paragraph thirty-one of Defendants' new matter
constitute a conclusion of law to which no response is required. To the extent, however, that a
response may be required, Plaintiff denies that Plaintiff's claims may ben barred and/or limited by
Plaintiff's failure to mitigate or to properly mitigate his damages.
WHEREFORE, Plaintiff demands that Defendants' n' !w matter be dismissed and that
judgment be entered in favor of Plaintiff and against Defendants as set forth in Plaintiff's
Complaint.
submitted,
December 5, 2006
WOLF & WOLF
BY------
S TACY B. LF, esquire
10 West Hi h Street
Carlisle, P 17013
(717) 241-4 36
Supreme C urt ID. # 88732
Attorney f r Plaintiff
VERIFICATION
I do herebY ve 'Y that I am the plaintiff in the instant action and that the facts set forth in
Plaintiff's Reply to Defendants' New Matter are true and correct to the best of my information and
belief. I understand that false statements herein are made subject the penalties of 18 Pa. C.S.A. §
4904, relating to unworn falsification to authorities. A 4 ?.
I/ - 2006
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE, PA 17013
(717) 2414436
ATTORNEY FOR PLAINTIFF
ROBERT M. McNEAL, JR.,
Plaintiff
V.
FAILOWS SALVAGE YARD and
STEVEN A. FAILOR, individually,
Defendants
IN THE COUR' OF COMM(-
CUMBERLANIC COUNTY,
: PENNSYLVANIA
: NO. 2006 - 2269 CIVIL TERM
CIVIL ACTION LAW
PLEAS OF
I, the undersigned counsel for the plaintiff, do hereby Ce that I have this date served a
copy of this Reply to New Matter upon the following by depositing same if the United States Mail,
(
first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
December 6, 2006
# 88732
Stacy B. W(blt, t
10 West High Si
Carlisle, PA 170
717-241-4436
Supreme Court
Attorney for Ph
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STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE, PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
ROBERT M. McNEAL, JR.,
Plaintiff
V.
FAILOWS SALVAGE YARD and
STEVEN A. FAILOR, individually,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 2006 - 2269 CIVIL TERM
CIVIL ACTION - LAW
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Stacy B. Wolf, counsel for the plaintiff, Robert M. McNeal, Jr., in the above action, respectfully
represents that:
1. The above-captioned action is at issue.
2. The claim of the plaintiff in the action is $2,000.00. No counterclaim has been made by the
defendant.
The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as
arbitrators: Douglas G. Miller.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully Submitted,
WOLF & WOLF
January 0-, 2007 By: wi.
STACY B. NV6LF, ESQUIR
WOLF & WOLF
10 West High Street
Carlisle, Pennsylvania 17013
(717) 241-4436
Supreme Court I.D. No. 88732
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO, 88732
WOLF & WOLF
10 WEST HIGH STREET
CARLISLE, PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
ROBERT M. McNEAL, JR.,
Plaintiff
V.
FAILOR'S SALVAGE YARD and
STEVEN A. FAILOR, individually,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 2006 - 2269 CIVIL TERM
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Stacy B. Wolf, Esquire, have served a true and correct copy of the foregoing document upon the
following person and in the matter indicated:
SERVICE BY U.S. MAIL:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
WOLF & WOLF
January Q, 2007 By.
STACY WOLF, ESQU E
Attorney for Plaintiff
WOLF & WOLF
10 West High Street
Carlisle, Pennsylvania 17013
(717) 241-4436
Supreme Court I.D. No. 88732
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ROBERT M. McNEAL, JR.,
Plaintiff
V.
FAILOR'S SALVAGE YARD and
STEVEN A. FAILOR, individually,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 2006 - 2269 CIVIL TERM
: CIVIL ACTION - LAW
ORDER
AND NOW, this ?`day of , 2007, in consideration of the foregoing
petition, ?1? 1Lk::!4 , q., ?, G Esq., and
sq. are appointed arbitrators in the above-captioned action as prayed
f.
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Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
Signature
A'-[) "Ay- K 6'--&6 4
Name (Chairman)
Law Fiirrm L
Address
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. 0a (9
Civil Action - Law.
Address
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Signature
Name
&Ar IIf;.t sw
Law Firm
Zell , yln^e?e r ?i .
Address
CAM Cc? (l &l C --? bt / ( tt 4wlGlk ?A- I - f fc r i i 510 P-A 1-1(311
City, zip city, zip city, zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they hall be separately stated.)
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Date of Hearing: 14 - a l
Date of Award: 4 - d
Notice of Entry of A
(Chairman)
Now, the -,U Ad day of Mopoh , 20 , at a:15 , Q .M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ WO . °O
By:
Prothonotary
. Arbitrator, di dents. (Insert name if
Deputy
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Law Firm
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Plainfiff
(` Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. - Ja (9
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
Signature kSiture
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Name (Chairman) Name
o f )li 'r ? H-1' ?-?-
Law Firm
Law Firm
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Address
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Address
Address
City, zip city, zip city, zip
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Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they hall be separately stated.)
Ux go 44(t, S:
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Date of Hearing: '- r - I
Date of Award: "
Notice of Entry of A
. (Insert name if applicable.)
(Chairman) flo
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Now, the ^0r day of Mor_, 20 , at 4:15 , P .M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitr4tors' compensation to be paid upon appeal: $ WO. °,°
By:
Prothonotary
. Arbitrator,
Deputy
Alt' n??A
Signature
Name
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STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 2414436
ATTORNEY FOR PLAINTIFF
ROBERT M. MCNEAL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 2006-2269 CIVIL TERM
FAILOR'S SALVAGE YARD and
STEVEN A. FAILOR, individually,
Defendants
PRAECIPE FOR WRIT OF EXECUTION
To the Prothonotary:
Issue writ of execution in the above matter,
(1) directed to the sheriff of Cumberland Countyto levyupon business, household and/or
other personal property including any automobiles;
(2) against Failors Salvage Yard and Steven A. Failor, Defendants, 452 Crossroad School
Road, Carlisle, PA 17013;
(3) and enter this writ in the judgment index
(a) against Failor's Salvage Yard and Steven A. Failor, defendants
Amount of Judgement
Interest from 3/14/2007
Costs
Total
$2000.00
$41.42 (as of 7/18/07)
$288.50
$2329.92
Respectfully submitted,
WOLF & WOLF
Date: July 18, 2007
BY:
Stacy B. W g#, Esquire
10 West H oh Street
Carlisle, PA 17013
(717) 241-4436
Supreme Court ID # 88732
Attorney for Plaintiff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-2269 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ROBERT M. MCNEAL, Plaintiff (s)
From FAILOR'S SALVAGE YARD AND STEVEN A. FAILOR, INDIVIDUALLY, 452
CROSSROAD SCHOOL ROAD, CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON
BUSINESS, HOUSEHOLD AND/OR OTHER PERSONAL PROPERTY INCLUDING ANY
AUTOMOBILES.
(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 $2000.00
Interest FROM 3/14/07 - $41.42 (AS OF 7/18/07)
Atty's Comm %
Atty Paid $110.75
Plaintiff Paid
Date: JULY 18, 2007
(Seal)
REQUESTING PARTY:
Name STACY B. WOLF, ESQUIRE
Address: WOLF & WOLF
10 WEST HIGH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone : 717-2414436
L.L. $.50
Due Prothy $2.00
Other Costs
..IF-I.r
Supreme Court ID No. 88732
R. THOMAS KLINE
Sheriff
EDWARD L. SCHORPP
Solicitor
o0ty
of Cumb'o" ?
?a
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
RONNY R. ANDERSON
Chief Deputy
JODY S. SMITH
Real Estate Sergeant
10/19/07 tc?xs/? n ,,,
•T
7 i'i" (may
_
Robert M. McNeal r7,;- o
vs = --r
e Yard and ien
Failor's Salva Fri -19
g _-
Failor, Individually
Writ No. 2006-2269 Civil ¢-rm zX X
Property Claim Determinatj Co
cn -.?
Dear Sir,
Reference is made to Property Claim dated October 12, 2007, entered
by Steven B. Worley, pertaining to Writ of Execution No. 2006-2269 Civil Term,
Robert M. McNeal -vs- Failors Salvage Yard and Steven A. Failor, individually.
R. Thomas Kline, Sheriff, has determined that the claimant, Steven B. Worley,
in the above mentioned property claim, is the owner of the property set forth therein.
So An we
Thomas R. Kline, Sheriff
By
cc
Stacy Wolf, Atty for Pltff
Failor's Salvage Yard, et. al., Deft.
Steven B. Worley, Claimant
• PROPERTY CLAIM
Robert M.-1McNeal, Jr.,
VS
Failor's Salvage Yard and
Steven A Failor
TO THE SHERIFF OF C[I1V 32K A,ND COUNTY, PENNSYLVANIA
In the cove of Commas Me" of
Cumber laad County, Peaaayl"Mu
Writ No, 2006-2269 Civil Term
The property hated below and levied upon in this case is not the property of the defendant, but is t'ha property of the
undersigned. A list of the claimed property and the values tbcreof are:
LIST OF PROPERTY VALUE
See attached schedule marked as Exhibit "A".
TSE CLAMANT OBTAUM TITLE TO THE PROPERTY AS FOLLOWS;
t
loser a at 452 ro r d Sch 1 oa C 1 le t o s s s '
2006.
e undersigned, Steven B Worley, is an officer an representative o Medusa Metals, LLC,
e
and e
titled in the name o Medusa Metals, LC or ease by the company from third parties.
Date Octoher 11-2007 Claimant a ,4a, M@tal s LLG
State ofFem5yivartia:
County of Cumberland
Steven B. Worley being duly sworn according to lave, deposes and says that the
above list in the property claim are coma and true.
Svvtnu and sttbscrsb to ore me
• Y Of Giainoant
A Ca y- b I i COF PENNS Notarial Seal
S. N el, Notary Pub1+c
007
ss on Ex it s Dec. 8, 2ty
P
t
1W
t- •
LIST OF PROPERTY VALUE
Desk 20.00
Computer/Monitor/Keyboard 500.00
Printer/Fax 100.00
Phone 40.00
3 Chairs 25.00
1 Desk 10.00
Allis Chalmers Front End Loader full size diesel 10,000.00
Allis Chalmers - Fork Lift 700.00
Gas Grill 20.00
Log Splitter 800.00
Aluminum Ladder 20.00
Engine Jack 50.00
Hydraulic Power Lift for Cars 1,000.00
Air Compressor 500.00
Battery Charger 20.00
Refrigerator 10.00
2 Shop Lights 5.00
Miscellaneous Engine Parts 100.00
Miscellaneous Engine 100.00
Miscellaneous Transmissions 50.00
Tire Changer 200.00
Miscellaneous Tires and Rims 50.00
Miscellaneous Junk Cars/Trucks/SUV's 60,000.00
1 Riding Lawn Mower 20.00
4400DT 466F International Rollback-WL-22526 30,000.00
89 Ford Tow Truck-WL-22527- VIN 2FDLF47GIKCA67381 5,000.00
EXHIBIT "A"
ROBERT M. MCNEAL, JR., IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
FAILOR'S SALVAGE YARD and
STEVEN A. FAILOR,
Individually,
DEFENDANTS NO. 06-2269 CIVIL
ORDER OF COURT
AND NOW, this 5`h day of November, 2007, upon consideration of
Steven B. Worley's property claim and the Plaintiff, Robert M. McNeal's objection
thereto,
IT IS HEREBY ORDERED AND DIRECTED that a hearing on this matter
shall be held on Tuesday, November 20, 2007, at 8:30 a.m. in Courtroom No. 5
of the Cumberland County Courthouse, Carlisle, Pennsylvania.
The claimant, Steven B. Worley shall be considered the moving party.
By the Court,
/Stacy M. L. Ebert, Jr., J.
B. Wolf, Esquire
Attorney for Plaintiff LSL
? Steven B. Worley, Claimant u/t,/6>7
/Failor's Salvage Yard
V Cumberland County Sheriff's Department -BAs 145167
bas
ro
n"Al
}
ROBERT M. MCNEAL, JR.,
Plaintiff
v.
FAILOR'S SALVAGE YARD and
STEVEN A. FAILOR,
Individually
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
06-2269 CIVIL TERM
ORDER OF COURT
AND NOW, this 20th day of November, 2007, after
preliminary hearing in this case, and the Claimant having requested
that the record remain open at this point, and defense counsel
having indicated that she is willing to supply the Court with a
memorandum outlining her position with regard to the duty of the
Claimant in determining what district justice judgments may have
been outstanding prior to acquiring this property, it is hereby
ordered and directed that counsel for the Plaintiff shall file
memorandum with the Court on or before November 30, 2007. Counsel
for the Claimant will be given until December 13, 2007, to reply,
if desired, and to determine whether or not based on a memorandum
that he feels any other witnesses are required in this case at
which time we will schedule further hearing.
By the Court,
Lacy B. Wolf, Esquire
10 West High Street
Carlisle, PA 17013
For the Plaintiff
slip L. Zulli, Esquire
1501 N. Front Street
Harrisburg, PA 17102
For Property Claimant
ouglas G. Miller, Esquire
60 West Pomfret Street
Carlisle, PA 17013-3222
For Defendant Steven A. Failor
pcb
'`` t ?AA
M. L. Ebert, Jr., J
Fno
9 ? •Z PJ 8Z CH LOOZ
;J 3Hi JO
ROBERT M. MCNEAL, JR., IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
FAILOR'S SALVAGE YARD and
STEVEN A. FAILOR,
Individually,
DEFENDANTS : NO. 06-2269 CIVIL
ORDER OF COURT
AND NOW, this 17t?' day of December, 2007, upon consideration of
Steven B. Worley's property claim, the Plaintiff, Robert M. McNeal's objection
thereto, and after hearing,
IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's objection to
the property claim is DENIED and the property claim of Steven B. Worley is
GRANTED.
. tacy B. Wolf, Esquire
Attorney for Plaintiff
,Ailip L. Zulli, Esquire
Attorney for Claimant
,,6ouglas G. Miller, Esquire
Attorney for Steven A. Failor
By the Court,
','? -? ?AA -
M. L. Ebert, Jr., J.
Cumberland County Sheriff's Department
bas
MMA
I I Nd L 1 330 LODZ
% M
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs: Advance Costs: 150.00
Sheriff's Costs: 76.81
Docketing 18.00 $ 73.19
Poundage 1.51 °L+
Advertising
Law Library .50
Prothonotary 2.00 Refunded to Atty on 12/28/07
Mileage 4.80
Surcharge 30.00
Levy 20.00
Certifiers Mail
Post Pone Sale
Garnishee
Postage ;
TOTAL $ 76.81 ? ??C 3?e -"*_So Answers;-
R. Thomas Kline, Sheriff
J
By Claudia A. Brewbaker
C'
Cv
C.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-2269 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ROBERT M. MCNEAL, Plaintiff (s)
From FAILOR'S SALVAGE YARD AND STEVEN A. FAILOR, INDIVIDUALLY, 452
CROSSROAD SCHOOL ROAD, CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON
BUSINESS, HOUSEHOLD AND/OR OTHER PERSONAL PROPERTY INCLUDING ANY
AUTOMOBILES.
(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 $2000.00
Interest FROM 3/14/07 - $41.42 (AS OF 7/18/07)
Atty's Comm %
Arty Paid $110.75
Plaintiff Paid
Date: JULY 18, 2007
(Seal)
REQUESTING PARTY:
L.L. $.50
Due Prothy $2.00
Other Costs
-CPULy
Name STACY B. WOLF, ESQUIRE
Address: WOLF & WOLF
10 WEST HIGH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-241-4436
Supreme Court ID No. 88732