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Home My WebLink About03-3275FERRARO FOODS, INC. Plaintiff VITO IANNUZZI, Individually and Trading As MISENO PIZZA AND RESTAURANT Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITH1N TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING 1N 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 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 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 TWO LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 or (800) 990-9108 FERRARO FOODS, 1NC. Plaintiff VITO IANNUZZI, Individually and Trading As MISENO PIZZA AND RESTAURANT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW COMPLAINT The Plaintiff, FERRARO FOODS, INC., by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of NINE THOUSAND, THREE HUNDRED FIFTY- THREE DOLLARS AND FIFTY-TWO CENTS ($9,353.52), along with interest thereon from August 31, 2002, upon a cause of action of which the following is a statement: 1. The Plaintiff, FERRARO FOODS, INC., is a corporation organized and existing under the laws of the State of New Jersey, having an office and place of business at 387 South Randolphvilte Road, Piscataway, New Jersey 08854. 2. The Defendant, VITO IANNUZZI, an adult individual, is trading and doing business as MISENO PIZZA AND RESTAURANT and has an office and place of business at 1225 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. F:\USER\BONNIEJO\COMP/WORK\28763com.wpd:02JuI03 3. On the dates, in the mounts, and for the prices set forth in a true and correct copy of the Plaintiff's Statement of Account hereto attached, marked as Exhibit "A" and made a part hereof, Plaintiff, at the special instance and oral request of the Defendant, sold and delivered goods, wares and merchandise as set forth on said Exhibit, creating a balance due and owing in the amount of Seven Thousand, Seven Hundred Fifty-Two Dollars and Fifty-One Cents ($7,752.51). 4. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay Plaintiff therefor. 5. Plaintiff's Invoices are not attached hereto as an Exhibit due to the voluminous nature of same, however, upon written request by Defendant or his Counsel to Plaintiff's Counsel, said Invoices will be made available for the purpose of review and copy in Plaintiff's Counsel's offices. 6. Due to Defendant's default in payment of said amount due and owing as aforesaid, interest has been added to said account in the total amount of One Thousand, One Hundred Sixty-Two Dollars and Eighty-Eight Cents ($1,162.88). 7. The Defendant paid the sum of One Thousand, Five Hundred ($1,500.00) Dollars to Plaintiff on account of the sun~ of money due and owing. F:\USER\BONNIEJO\COM P\WORK\28763cotn.wpd:02Ju103 2 8. The balance due and owing by Defendant to Plaintiff is the sum of Seven Thousand, Nine Hundred Fifteen Dollars and Thirty-Nine Cents ($7,915.39). 9. Due to Defendant's default in payment of the monies due and owing as set forth hereinabove, and pursuant to the terms and conditions of Plaintiff's Credit Application completed and executed by Defendant, collection costs have been added to said account in the amount of One Thousand, Nine Hundred Thirty-Eight Dollars and Thirteen Cents ($1,938.13). A true and correct copy of said Credit Application is attached hereto, marked as Exhibit "B" and made a part hereof. 10. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiffbrings this suit to recover from Defendant the sum of NINE THOUSAND, THREE HUNDRED FIFTY-THREE DOLLARS AND FIFTY-TWO CENTS ($9,353.52), together with interest thereon from August 31, 2002. Respectfully~ Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\BONN1EJO\COMP\WORK\28763com,wpd:02JuI03 3 JUN. 28. 2002 3:39PM FERRARO FOODS T R T E M E N T NO, 635 P. 5 FER~ARO.FOODS, iNC. 287 SO RANDOLPHVZLLE ROAD Pa~e: I MISENO PIZZA CARSLILE i225 RITTER HIGHWAY CARLISLE PA 170i3 MISRCR $~a%ement Date 08/28/2002 Terms COD CASH OR CHECK Rep: 088 Telephone: (717)258-03~ Rou~e No.= 380 Day: Trans Da~e Invoice Type Ched< ~ Char~es Credits Amount Due 0~/11/01 00B56023 IN 2288.48 0&/lB/rtl 00556023 CR 1B.g5 05/2¢/0[ 00556923 PT- 270.5~ 06/i3/01 00556923 P~ 5888~8 2O0.0O 08/20/01 00558g23 PY llllll 300.00 87/25/01 ~0556923 PY ~00.08 08/22/0[ 00556923 PY 200,O0 05/21/§1 8056~582 IN Il. S0 04/30/02 0058¢~82 PY 05/23/01 005~¢968 [N 08/19/0i 0056~988 PY 228S.00 07/i~?Oi 805?¢370 IN 2037.99 08/02/0Z 005743?0 PT 0~72 2000.00 07/18/01 00~7S~6~ ~N ~792.25 08/23/01 00575880 PY 103~ ~772.25 08/O1/D~ 00577855 ~N 19%.50 OB/O1/Oi 00578731 [N i864.40 08/08/01 00578731 OR ii.60 08/i2/01 00578731 PY 138~ 08/08/01 005799~1 IN 08/07/01 005500~3 08/22/O1 0058274¢ IN 1810.64 Og/06/O~ 005827~ OR 57.25 00/0G/0l OQ~B~810 IN 57.2~ 0g/i8/Ol 00588052 CR 228.53 go0,oQ 10,00 73,47 37.gg 20,BO 20.71 iSgo.~s 18.95 1753.38 57.2~ RCtivity a~er 06/28/2002 will De reflected on your ne×~ statemen%. *UNPD F/C CURRENT 31-50 61-90 OVER 90 NEW F/C NEW BALANCE .0~ .88 .80 .88 7752.51 .00 7752.5~ To ~void additional ~inance char~es, pay ~y 0S/2S/2002 JUN 28 '02 15:44 17324243401 PAGE. 28.2:002 3:39~M FERRARO FOODS M0.635 ?. 6 FERR.~O FOODS, INC. 701 HADLEY'RD. SO. PLAINFIELD, NJ 0~080 (908)757-1600, F~ (908)75%2163 CREDIT APPLICATION CORPORATION NAME .. /' CITY ,, , STATE /) · BUSIi'$ESS PHONE ZIP COD£ PROPRIETORSHIP (OW~,T~mS N~) NAME # 1 _.~ TITLE DK1VERS LICENSE ~ NAM~ # 2 TFILE DR/VER5 LICENSE # BUSINESS PARTN~tlIP (LIST EACH PARTNER) HOME ADD1LESS HO~ PHO~ No. ' . HOME ADDRESS KOM~ PHOI',rE No. CORPORATION (LrST OFFiCER(S)) SOCIAL SECURITY # SOCIAL SECURI/Y # WILL pAYMENT BE. MADE FROM THIS LOCATION? If not, whore? Phone No.( ) BUILDING, IS: .,OWNED ~LEASED LIQUOR LICENSE: LIQUOR LICENSE NO: NAME ON LICENSE NO A_RE YOU EXEMPT FOR SALES OK USE If yes, attach signed Tax Certificate. Note beiug received. on the d~te of%he certificate JUN 28 '82 15:44 17324243481 PRGE.06 IJW~ CEKIIFY It]CAT THE ABOVE/NFOR_MATION IS TRITE AND IS FURAriSHED F01K ~ SOLE PURPOSE OF SECUIKI~G CtLEDIT FI[0M FEI~RAP. O FOODS~ 1NC. BY SIQ"NllqG TF:IIS'.APFLICATION, PBiIIVfISSION IS GRANTED TO FEKRAR0 FOODS, INC. TO OBTAIN INFORMATION FROM AB~' OF ~ 01tOANIZATIONS LISTED ON THIS APPI.~CATION, AS WELL AS ALL CREDIT BUILEAUS. I/WE AGREE TO PAY REASONABLE COLLECTION FEES, ATT01hNBY FEES AND C0UKT COSTS FOR COLLECTING 0K ATTEMPTING TO COLLECT OK SBCU1LE ANY AND ALL DEBTS WI:I[CH MAY IN T~IE FUTURE BE OW'ED TO FBR/~.ARO FOODS, ]'NC FOR GOODS.SOLD OR F0K SERVICES KENDF__KED '~-~.T'rl~.K A LAWSUIT IS FILED OR NOT. FER_RAR0 FOODS, INC. IS HEREBY AUTHORIZED TO DBLrv~R GOODS WITHOUT A SIGNATURE OR PERFORM SERVICES AT YOUR REQUEST, AND TO CFIARGB SAME TO YOUR ACCOUNT. TI~S AGP. BE1VIENT SHALL C05FI]NrJE UNTIL WR/TTEN NOTICE TO TIlE CONTRARY IS GI%rBW AND ACCEPTED, WIqICH ACCEPTANCE SHA [,L BE EVIDENCED BY LETTER FROM FBPdlAB. O FOODS, INC. THE UNDERSIGNED HEttEBY AGREES THAT ANY ACTION 0K ?KOCEEDBWG TO ENI:0KCE THE ~ GUARANTY MAY BE BROUGI-1T IN ANY COI/RT OF COMPBTENT JURISDICTION IN I-HE STATE 0P N'EW JF. RSEY, AND THE UNDE/LSIGNED SI/BM/TS TO THE 7URISDICTION OF ANY SUCH COUIKT IN THE STATE OF NEW'/BRSEy FOR SUCI~ PURPOSE AND AGI~B~S NOT TO CONTEST SUCH JURISDICTION BASED ON' FORUM NON CONMENIENS 0lK FOR ANY OTHER REASON. FOR VALUE RECBIVED AND IN ORDER TO BNDUCB FBRRA~O FOODS, INC. TO EXTEI'~D CI~DIT TO ~ ~0~ N~D ACC0~T, I (~) ~BY PB~0N~Ly GU~BB PP.0~T PA~ ~N D~ 0F ~ ~ ~L D~TS T0, F~0'FOODS, ~C, ~Q OUT 0F S~S OR ~V~ BY ~0 FOODS, ~C. NO~CB OF ACCEpT~CE 0F ~S GUA~B IS W~D, USE 0F C0~0~ ~ES S~L ~ NO WAY L~T T~ PE~ON~ L~ OF ~ SIGNATORY. SIGNATUF. E~ DATE JUN 28 '02 15:44 P~GE.O? JUM ~0 '03 i~:34PM KMUPP & KODRK PC VERIFICATION of FERRARO FOODS, INC., verify that the ~tatemcnts made in the aforegoing dooument arc u-ue and correct. I understand that false statements herein are made subject to the penalties of 1 g Pa. C. S. §4904, relating to unswom falsification to authorities. FERI~kRO FOODS, INC. Dated: By: Title: 28763 F:\USER-\BONNI~O\COMP~WORK~8Tg3~m.wpd:20$~03 JUN 20 '03 13:35 7172387158 PAGE.06 SHERIFF'S RETURN - CASE NO: 2003-0327!5 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FERRARO FOODS INC VS IANNUZZI VITO I/A/T/A MISENO P REGULAR ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon IAAINUZZI VITO DEFENDANT , at 1444:00 HOURS, on the llth day of at 1225 RITNER HIGHWAY CARLISLE, PA 17013 ALFREDO IAIgiWUZZI, EMPLOYEE, a true by handing ADULT IN CHARGE and attested copy of COMPLAINT & NOTICE July to the 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this (~ day of ~20%13 A.D. ~rot h~ono~t a~y~ ~ ~' So Answers: R. Thomas Kline 07/14/2003 KNUPP KODAK IMBLUM By: ~D ~puty Sheriff SHERIFF' S RETURN - REGULAR CASE NO: 2003-03275 P COMMONWEALTH OF PENNSYLV~NIA: COUNTY OF CUMBERLAND FERRARO FOODS INC VS IANNUZZI VITO I/A/T/A MISENO P ROBERT BITNER , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon IANNUZZI VITO T/A MISENO PIZZA AND RESTAURANT DEFENDANT , at 1444:00 HOURS, on the llth day of July at 1225 RITNER HIGHWAY CARLISLE, PA 17013 ALFREDO IAiFNUZZI, EMPLOYEE, a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to the , 2003 by handing to ADULT IN CHARGE COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~ A.D. ~r6thonotary -- So Answers: R. Thomas Kline 07/14/2003 KNUPP KODAK IMBLUM I Deputy Sheriff FERRARO FOODS, Plaintiff V$, VITO IANNUZZl, Individually and Trading As MISENO PIZZA AND RESTAURANT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 3275 CIVIL TERM CIVIL DIVISION -LAW ANSWER 1. Admitted. 2. Admitted. 3. The Defendant believes that he was not given appropriate credit for certain retL rned items or payments made on the account. Accordingly, iin January the parties negotiate an agreement that he would pay the Plaintiff the sum of $6,752.51, without interest, in mo lhly payments of $500.00. A copy of the Installment Note is attached. The Defendant admits th at he is in breach of the agreement in that he has failed to make the payments of $500.00 for the ~ast several months. The Defendant also concedes that the Plaintiff is entitled to judgment o~ the amount of $6,752.51 less credit for any payments made against that amount. 4. The response in Paragraph 3 is incorporated herein. 5. Admitted. 6. The response in Paragraph 3 is incorporated herein and the Defendant specifically denies that interest is due. ~ 7. TheDefendantischeckinghisrecordsashewasoutofthecountryforatimean~the person responsible for sending the payments neglected to do so. He believes that at leas1 that sum was paid against the account. 8. The responses in Paragraphs 3 through 6 are, incorporated herein. 9. The responses in Paragraphs 3 through 7 are incorporated herein and the Defendant denies that he is responsible for collection costs because the parties reached an agreement subsequent to the credit application. WHEREFORE, Defendant requests a judgment be entered against him fora sum less!than $6 752 51" Respectfully subrnitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo~Clientstlannuzzl~complaint.ans VERIFICATION The statements in the foregoing Answer are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. iWe have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information land belief. We understand that false statements herein are made subject to the penalties o~f 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Vito lannuzzi $6,752.51 INSTALLMENT NOTE Vito lanuzzi (Maker), promises to pay to Ferraro Foods, Inc., of Plainfield, N.J., its successors and/or assigns, Six Thousand Seven Hun~dred Fifty Two and 51/100 ($6,752.51) without interest, in monthly installments of $500.00, beginning January, 200 and monthly thereafter, until paid in full. Notice, demand, presentment, or protest are expres1 waived by Maker. Maker shall ly have the right to prepay all or any part of the principal amc~unt of this Note at any time or from time to time without premium or penalty. Witness my hand and seal the day and year first above written. Signed, sealed and delivered in the presence of -~ '~~'"_(SEAL) Vito lanuzzi real.ianuzzi.note FERRARO FOODS ' IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff · NO. 2003-3275 CIVIL VITO IANNUZZI, Individually and Trading As MISENO PIZZA AND RESTAURANT Defendant RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially to the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak, Counsel for the Plaintiff 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 $9,353.52. The counterclaim of the Defendant in the action is $0. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as Arbitrators: Robert D. Kodak, Esquire, Knupp, Kodak & Imblum, P.C. and/or Robert L. O'Brien, Esquire, O'Brien, Baric Scherer. WHEREFORE, your Petitioner prays Your Honorable Court to appoint three (3) Arbitrators to whom the case shall be submitted. Respectfully submi.~ Robert D. Kodak Attorney I.D. No. 18041 ORDER OF COURT AND NOW, ~~/~ 200_~ ,in consideration of the foregoing Petition,~.~.~_~- ~...~ ..~..~.~_.'~_ , Esquire, ~~ ~i~.., ~ ,Esquire and ..~_~¢ ~.~ ,Esquire are appointed Arbitrators in the above-captioned action as prayed for. By the Court, fJ. FERRARO FOODS Plaintiff VS. VITO IANNUZZI, Individually and Trading As MISENO PIZZA AND RESTAURANT Defendants : In the Court of COMMON PLEAS of · CUMBERLAND County, Pennsylvania : NO. 2003-3275 : CIVIL DIVISION - Law PETITION TO VACATE APPOINTMENT OF" ARBITRATORS AND NOW comes Plaintiff, Ferraro Foods, by and through their attorney, Robert D. Kodak, Esquire, who petitions this Honorable Court to vacate the appointment of Arbitrators made by Order of the Honorable President Judge, George E. Hoffer, on December 10, 2003 for the following reasons: 1. On December ¢ , 2003, Plaintiff petitioned for Appointment of Arbitrators in the above captioned matter. 2. On December 10, 2003, the Honorable President Judge, George E. Hoffer, appointed Jerry Duffie, Esquire, Bernard Coates, Jr., Esquire, and Susan Confair, Esquire, as Arbitrators in the above captioned matter. 3. Attorney Jerry Duffie was appointed Chairman of said panel and a hearing on this matter was set for Wednesday, March 24, 2004. 4· On Tuesday, March 23, 2004, the parties reached and consummated a settlement in this matter rendering the need for an arbitration hearing moot. 5. The appropriate arbitrators were notified thereof and the hearing scheduled for March 24, 2004 was canceled. WHEREFORE, your Petitioner respectfully requests that this Honorable Court enter an Order vacating the appointment of arbitrators. Dated: Respectfully sub. mi[ted, Robert D. Kodak Attorney Id. No. 113041 407 North Front Street Post Office Box 11848 Harrisburg PA 17108-1848 Phone No. (717) 238-7151 Fax No. (717) 238-.5258 Attorney for PlaintJiff _CERTIFICATE OF SERVICE I, Gary J. Imblum, Esquire, hereby certify that I have served a copy of the foregoing Petition to Vacate Appointment of Arbitrutors on the following person(s) by depositing, a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Dauphin County, Pennsylvania addressed to: ROBERT L O'BRIEN ESQUIRE O'BRIEN BARIC & SCHERER 17 WEST SOUTH STREET CARLISLE PA 17013 JERRY R DUFFIE ESQUIRE (ARBITRATOR) JOHNSON DUFFIE STEWART & WEIDNER 301 MARKET STREET POST OFFICE BOX 109 LEMOYNE PA 17043-0109 BERNARD L COATES JR ESQUIRE (AR BITRATOR) 2215 FORREST HILL DRIVE: HARRISBURG PA 17112 SUSAN H CONFAIR ESQUIRE (ARBITRATOR) REAGER & ADLER PC 2331 MARKET STREET CAMP HILL PA 17011 Dated:_ KNUPP, KODAK & IMBLUM, P.C. Robert D. Kc~dak ~ Attorney Id. No. 18041 407 North Front Street Post Office Box 11848 Harrisburg PA 17108-1848 Phone No. (7117) 238-7151 Fax No. (717) 238-5258 Attorney for Plaintiff FERRARO FOODS · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA Vo : 03-3275 CIVIL TERM VITO IANNUZZI, Individually and Trading As MISENO PIZZA AND RESTAURANT IN RE: ARBITRATION_ ORDER OF COURT AND NOW, April 15, 2004, the Court having been informed that the above-captioned case has settled prior to hearing, the panel of arbitrators previously appointed is vacated, and Jerry Duffle, ~Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. By the Court, /,. Court Administrator ./Jerry Duffle, Esquire Johnson Duffle Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 ::i3! J: D-,f.' FERRARO FOODS Plaintiff VS. VITO IANNUZZl, Individually and Trading As MISENO PIZZA AND RESTAURANT Defendants : In the Court of COMMON PLEAS of : CUMBERLAND County, Pennsylvania : NO. 2003-3275 : CIVIL DIVISION - Law PETITION TO VACATE APPOINTMENT OF ARBITRATORS AND NOW comes Plaintiff, Ferraro Foods, by and through their attorney, Robert D. Kodak, Esquire, who petitions this Honorable Court to vacate the appointment of Arbitrators made by Order of the Honorable President Judge, George E. Hoffer, on December 10, 2003 for the following reasons: 1. On December ~ , 2003, Plaintiff petitioned for Appointment of Arbitrators in the above captioned matter. 2. On December 10, 2003, the Honorable President Judge, George E. Hoffer, appointed Jerry Duffle, Esquire, Bernard Coates, Jr., Esquire, and Susan Confair, Esquire, as Arbitrators in the above captioned matter. 3. Attorney Jerry Duffle was appointed Chairman of said panel and a hearing on this matter was set for Wednesday, March 24, 2004. 4. On Tuesday, March 23, 2004, the parties reached and consummated a settlement in this matter rendering the need for an arbitration hearing moot. 5. The appropriate arbitrators were notified thereof and the hearing scheduled for March 24, 2004 was canceled. WHEREFORE, your Petitioner respectfully requests that this Honorable Court enter an Order vacating the appointment of arbitrators. Dated: Respectfully submitted, Robert D. Kodak ~ Attorney Id. No. 18041 407 North Front Street Post Office Box 11848 Han-isburg PA 17108-1848 Phone No. (717) 238-7151 Fax No. (717) 238-5258 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Gary J. Imblum, Esquire, hereby certify that I have served a copy of the foregoing Petition to Vacate Appointment of Arbitrators on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Dauphin County, Pennsylvania addressed to: ROBERT L O'BRIEN ESQUIRE O'BRIEN BARIC & SCHERER 17 WEST SOUTH STREET CARLISLE PA 17013 JERRY R DUFFIE ESQUIRE (ARBITRATOR) JOHNSON DUFFIE STEWART & WEIDNER 301 MARKET STREET POST OFFICE BOX 109 LEMOYNE PA 17043-0109 BERNARD L COATES JR ESQUIRE (ARBITRATOR) 2215 FORREST HILL DRIVE; HARRISBURG PA 17112 SUSAN H CONFAIR ESQUIRE (ARBITRATOR) REAGER & ADLER PC 2331 MARKET STREET CAMP HILL PA 17011 Dated: KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak ~ Attorney Id. No. 18041 407 North Front Street Post Office Box 11848 Harrisburg PA 17108-1848 Phone No. (717) 238-7151 Fax No. (717) 238-5258 Attorney tbr Plaintiff FERRARO FOODS In the Court of COMMON PLEAS of Plaintiff · CUMBERLAND County, Pennsylvania VS. VITO IANNUZZI, Individually and Trading As MISENO PI77A AND RESTAURANT Defendants · NO. 2003-3275 : CIVIL DIVISION - Law AND NOW, this /~. day of Appointment of Arbitrators, ORDER //~'~ , 2004, pursuant to Plaintiff's Petition to Vacate IT IS HEREBY ORDERED AND DECREED that the Appointment of Arbitrators is Vacated. BY THE COURT: FERRARO FOODS Plaintiff · In the Court of COMMON PLEAS of · CUMBERLAND County, Pennsylvania · NO. 2003-327'5 VITO IANNUZZI, Individually and - CIVIL DIVISION - LAW Trading As MISENO PIZZA AND RESTAURANT Defendant(s): PRAECIPE TO THE PROTHONOTARY: PLease mark the above-captioned matter as settled and discontinued with prejudice· TO CUMBERLAND County Prothonotary Dated: March 31,2004 Robert D. Kodak ~'A-'tTorney for Plaintiff Attorney I.D. No. 18041