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Home My WebLink About01-2888Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 Attorneys for Plaintiffs 301 Market Street P. O. Box 109 Lemoyne. Pe~msylvania 17043-0109 (717) 761-4540 MARK M. MINIUM, D.D.S., and : IN THE COURT OF COMMON PLEAS OF MINIUM & KEARNS ORTHODONTISTS, a : CUMBERLAND COUNTY, PENNSYLVANIA General Partnemhip, :: NO. ~t c~. ~ Plaintiff(s) : : CIVIL ACTION - LAW V. : ANTHONY C. MUSCARELLI, t/d/b/a : MUKIE'S SEAL COATING, Defendant(s) NOTICE TO DEFEND TO THE DEFENDANT: You have been sued in court. If you wish to defend against the claims set forth in the followincj pages, you must take action within twenty (20) days after this complaint and notice are served, by entedng e written appearance personally or by attorney and filing in writing with the court your defense 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 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 :145733 · .Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MARK M. MINIUM, D.D.S., and : IN THE COURT OF COMMON PLEAS OF MINIUM & KEARNS ORTHODONTISTS, a : CUMBERLAND COUNTY, PENNSYLVANIA General Partnership : : NO. Plaintiffs : : CIVIL ACTION - LAW V. : . ANTHONY C. MUSCARELLI, t/d/b/a : (IE'S SEAL COATING, Defendant(s) COMPLAINT AND NOW COMES the Plaintiffs, MARK M. MINlUM, D.D.S., and MINIUM & KEARN[; ORTHODONTISTS, by and through their attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint and in support thereof avers as follows: 1. Plaintiff, Mark M. Minium, D.D.S., is an adult individual residing at 1141 Dry Powder Circle, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff, Minium & Kearns Orthodontists, is a domestic general partnership with a princip.'-~ of business located at 1412 Bridge Street, New Cumberland, Cumberland County, Pennsylvani- 17070. Plaintiff, Minium & Kearns Orthodontists, also has an office located at 4509 Union Deposit Road. Harrisburg, Dauphin County, Pennsylvania 17111. 3. Plaintiff, Mark M. Minium, D.D.S. and Mark J. Kearns, D.D.S., M.S., formed the domesth-: general partnership, Minium & Kearns Orthodontists on ~, 19 c~. At all times relevant hereto, thu · ' place of business remained at 1412 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. 4. Defendant, Anthony C. Muscarelli is an adult individual residing at 720A Colony Drive, York, York County, Pennsylvania 17404. At all times relevant hereto, Defendant, Anthony C. Muscarelli, was trading and doing business as Mukie's Seal Coating. The address for Mukie's Seal Coating at all times relevant hereto was 720A Colony Drive, York, York County, Pennsylvania 17404. 5. On or about October 4, 1995, Plaintiffs, Mark M. Minium, D.D.S. and Minium & Kearns Orthodontists, entered into an agreement with Anthony C. Muscarelli, t/d/b/a Mukie's Seal Coating, whereir~ , Anthony C. Muscarelli agreed to perform services upon Plaintiffs parking lot which included sea' coating over existing blacktop as well as grading and installing new blacktop as well as curbing and lights. 6. Defendant, Anthony C. Muscerelli, FdA)la Mukie's Seal Coating, failed to perform the service'- set forth in the agreement in a workman-like fashion and Plaintiff hired another contractor to repair anf: complete the project. A true and correct copy of said sales agreement is attached hereto and incorporatet.: herein as Exhibit "A". 7. As a result of the Defendant's negligence, the parties entered into a settlement agreemen[ dated August 5, 1997, to resolve a Fifteen Thousand Eight Hundred and Seventy-Six and 48/100 Dollar claim to reimburse Plaintiff for payments rendered for services that were eithe= negligently or not performed whatsoever. A true and correct copy of said letter agreement i attached hereto and incorporated herein as Exhibit "B". 8. Defendant, Anthony C. Muscarelli made payment according to the agreement periodicallo after executing the settlement agreement in the amount of Five Thousand Five Hundred ($5,500.00) Dollar~;. 9. Defendant has failed to make any payments under the settlement agreement since Juno 1998. 10. There remains a balance of Ten Thousand Three Hundred Seventy-Six Dollars and Forty- Eight Cents ($10,376.48) due and owing from Defendant Anthony C. Muscarelli, t/d/bla Mukie's Seal Coating, to Plaintiffs, Minium, & Kearns Orthodontists, and Mark M. Minium D.D.S. 11. Despite repeated attempts to seek payment in this matter by telephone and correspondence, Plaintiffs have not received any payment pursuant to the agreement since June, 1998. COUNTI BREACH OF CONTRACT Mark M. Mlnlum. D.D.S. and Minlum & Kearns Orthodontists Anthony C. Muscarelli. 'dd/bla Mukta's Seal Coatln_=. 12. Paragraphs 1 through 11 are incorporated as if set forth fully herein. 13. On August 5, 1997, the parties hereto entered into an agreement whereby the Defendant, Anthony C. Muscaralli agreed to settle a claim with Plaintiff for Fifteen Thousand Eight Hundred and Seventy-Six and 48/100 ($15,876.48) Dollars. 14. The terms of the settlement agreement attached hereto as Exhibit 'B" includes One Thousand ($1,000.00) Dollars upon acceptance of the agreement and Five Hundred ($500.00) Dollars e month commencing on September 1, 1997 with a balloon payment on August 1, 1998. 15. Defendant, Anthony C. Muscarelli, t/d/b/a Mukie's Seal Coating, has failed to make payment as required under the agreement and therafora is in breach of the settlement agreement for which Plaintiff seeks the balance due and owing, Ten Thousand Three Hundred Seventy-Six Dollars and Forty-Eight Cent~= ($10,376.48) plus interest and costs. COUNT II BREACH OF CONTRACT Mark M. Mlnlum. D.D.S. and Minlum & Kearns Orthodontists Anthon~v C. M,,,=n=relli. 'dd/b/a Mukle's Seal Coatln_=. 16. Paragraphs 1 through 15 ara incorporated as if set forth futly herein. 17. On or about October 1, 1995, the parties entered into a Sales Agreement whereby thE: Defendant, Anthony C. Muscarel~i, t/d/b/a Mukie's Seal Coating, agreed to provide certain improvements set forth herein to Plaintiff's property located at 1412 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. 18. Defendant failed to perform these services in a workmanlike fashion and therefore, is ir~ breach of the Sales Agreement and the contract between Plaintiffs and Defendant. 19. Plaintiffs, due to Defendant's negligence, suffered damages in the amount of Fifteer~ Thousand Eight Hundred Seventy-Six 481100 ($15,876.48) Dollars. 20. Plaintiffs have received Five Thousand Five Hundred ($5,500.00) Dollars representin[: reimbursement of those damages from Defendant. Plaintiffs seek the balance due and owing of Te~ Thousand Three Hundred Seventy-Six and 48/100 ($10,376.48) Dollars plus interest and costs. WHEREFORE, Plaintiffs request this Honorable Court to award to Plaintiffs Ten Thousand Three -lundred Seventy-Six Dollars and Forty-Eight Cents ($10.376.48) plus interest, costs and attorney's fees as well as other damages as this Honorable Court deems fair and equitable. Respectfully submitted. JOHNSON, DUFFLE, 8'F~NER 301 Market Street I P. O. Box 109 ~, Lemoyne, PA17043-0109 (717) 761-4540 Attorneys for Plaintiffs DATED: 5/'~ .2001 :143492 I, MARK M. MINIUM, D.D.S. and MINIUM & KEARNS ORTHODONTISTS, do verify that thE: statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904.. relating to unswom falsification to authorities. MARK M. MINIUM, D.D.S. MINIUM & KEARNS ORTHODONTISTS MARK M. MINIUIM, D.D.S. Dated: ~///~#/~/ : 143492 · 'X .Countess. Gilbert.Andrews . -.-? ............. ~ ~ ~tte~ ~ ~ ~'~ Dr. ~k 1411 ~o S~t N~ Cum~l~d, PA I~70 D~r Dr. ~m: We ~t M~s S~ ~{, Inc., ~d ] am wd~g m you ~ding thru for ~imbu~m~t for ~i~s ~d~. ~g ~ subs~ of ~e ~m, my climt is in ~e p~ of s~n~ C~ ~vins, M~in Sch~ and Ad~ ~no~, ~e su~n~ who did ~ ~tu~ work on ~ur j~, ~ ~e m~ b~ of ~ur ~ur~t ol~m. In ~ eff~ ~ ~6's~ yo~ ~'~udn~ ~{ li6~on afid~ ~mlvm ~is ma~ ~h y~' ami~ly~ my ~m ~ pm~ ~e ~l~w~g ~y~nt ~ule: ~1,~ d~ u~n your ~ of ~his p~, $~ a mon~ mm~n~ing on S~7 ~y ~ ~ ~ ~, wi~ a ~1~ ~y~t on August 1, 1998 or u~ ~e r~pi of a ~e aw~ in ~e ~ov~f~ li~gafion, which~ ~m~ ~B~. To~y ~Muscau~.llt .......... EXHIBIT "B" WO~ -~ sHERIFF'S RETURN - oUT OF coUNTY CASE NO: 2001-02888 P coMMONWEALTH OF pENNSYLVANIA: CoUNTY OF cUMBERLAND MINIUM MARK M DDS ET AL VS MuSCARELLI ANTHONY C ET AL sheriff or DepUty sheriff who being R_~_.ThomaS Kline ' that he made a diligent search and duly sworn according to law, says, and inquiry for the within named DEFENDAN__T__~ ' to wit: MUKIES sEAL cOATIN~ ANTHONY C T/D~ -- ------ MuscARELLI __ -- -- but waS unable to locate Hi___m_ in his bailiwick. He therefore County, pennsylvania, to deputized the sheriff of YORK -- ~ serVe the within cOMPLAINT & NOTICE ~ 14th , ~00~ , this office was in receipt of the On June _~- attached return from YORK/ ~ So sheriff's CostS: Docketing 18.00 9.00 ~line Out of county 10.00 R. Surcharge 18.76 sheriff of cumberland county Dep York Co .00 06/14/2001 joRNSON DUFFIE sTEWART & WEED sworn and subscribed to before me this ~ day of ~ -- CO{..JNTY OF YORK OFFICE OF THE SHERIFF 28 EAS~ MARKET ST., YORK, PA 17401 (717) 771-9601 SHERIFF SERVICE PLEASNEoT DE'T~' -- .L._I ...... ~,~ET?;~s, .... .~_~DO NOT [ ~CH ANY COPIES · '~ ~. ~lnlum, D.D.S. and Minium & Kearns Orthodontists ]-~R~ · · ~v~l& Complaint · li , ,uhl. ~=TC. TO SER~VE OR DESCRIPTION OF PROPERTY TO BE LEV ED ATrACHED OR SOLD UMBER APT NO CITY BORO AT ~. . ' . , . TWP, STATE AN ZiP CODE) 7. INDICATE SERVICE ~-.., ..... , ,vi', o:~ It O PERSONAL O PERSON IN CHARGE NOW 5/~ ~ 01 ~ =rSTCL~SSWUL =POSTED r~OmER V -. 20~ I, SHERIFF OF Y~OUNTY PA, do hereb ti the sh ' ~o ,a~,. ;,,s ~.,u,z=~,o. ~e,n- .~a~: ~* *~ ...... COU.~. ~o e~~n~ ~=~ .?~[~__~ _z: .:., o~ = = =, ~-= ~uques[ ano risk of the p aintiff. ~ · ere T accorQing ~. SPECiAl NSTRUCT~ONS OR O~ER W~ORMAT~ON THAT WLL ASSIST ~N EXPEDmNO SERVICE. Cumberland OUT OF COUNTY ADVANCED FEE PAID BY SHERTFF CUHBERLAND N~TE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMA without a watchman, in custody of whomever ia · · N - shed · hereln for an loss foundln/X~seSslon, efternol, in ff~evy~ngu~onorattachln an · ,_,=,=_m mr any lOSs. destnJctlon, or removal of any pmpe:ly before .... ify g perSO~ment' wi ~,,,;-,-,,'-- -- g y properly under wzttt~n writ may I same 12 SEND NOTICE OF SERVICE COPy TO NAME AND ADDRESS BELOW. (~is ar - orcom;~a~taSind~c~a~o~. R. AHRENS 6 I0-~.ino~t~' ~6 HOWSERVED: PERSONAL ) RESIDENCE( ) PO ~ - STED ( ) ~~,~-~'-~, NOT ;ou~ - ~- ~ _~ S,E.~ S O~;~CE; ~ OTHE ~_a~e to locate t~e incli;dual.~pany etc name~ =h,~ ,~ "~ ~ =t:E REMARKS BELCh%' · ~4. Foreign County Cos*- No 41 ue or Rerun Johnson, Duffie~ Stewart & Weidner By: Mark C. Duffle Attorneys for Plaintiffs I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MARK M. MINIUM, D.D.S., and ; IN THE COURT OF COMMON PLEAS OF qlUM & KEARNS ORTHODONTISTS, a : CUMBERLAND COUNTY, PENNSYLVANIA General Partnership, : : NO. Plaintiff(s) : : CIVIL ACTION - LAW V. : : ANTHONY C. MUSGARELLI, tJd/b/a : (IE'S SEAL COATING, Defendant(s) NOTICE TO DEFEND TO THE DEFENDANT: 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 attorney and filing in writing with the court your defense 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ,,03A1303tl,, · Johnson, Duffiel Stewart & Weidner By: C. Duffle Attorneys for Plaintiff I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 IN THE COURT OF COMMON PLEAS OF M. MINIUM, D.D.S., and : ~IINIUM & KEARNS ORTHODONTISTS, a : CUMBERLAND COUNTY, PENNSYLVANIA : General Partnership : NO. Plaintiffs : : CIVIL ACTION - LAW : V. : ANTHONY C. MUSCARELLI, t/d/b/a : MUKIE'S SEAL COATING, Defendant(s) COMPLAINT AND NOW COMES the Plaintiffs, MARK M. MINIUM, D.D.S., and MINIUM & KEARNS ORTHODONTISTS, by and through their attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint and in support thereof avers as follows: 1. Plaintiff, Mark M. Minium, D.D.S., is an adult individual residing at 1141 Dry Powder Circle, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff, Minium & Kearns Orthodontists, is a domestic general partnership with a principa; )lace of business located at 1412 Bridge Street, New Cumberland, Cumberland County, Pennsylvani;: 17070. Plaintiff, Minium & Kearns Orthodontists, also has an office located at 4509 Union Deposit Road. Harrisburg, Dauphin County, Pennsylvania 17111. 3. Plaintiff, Mark M. Minium, D.D.S. and Mark J. Kearns, D.D.S., M.S., formed the domesti eneral partnership, Minium & Kearns Orthodontists on ~, 19 ~/.. At all times relevant hereto, th- g ..... "Brid"e Street New Cumberland Cumberland County, principal place of business remaine(3 a[ ~,~ ~ Pennsylvania 17070. 4. Defendant, Anthony C. Muscarelli is an adult individual residing at 720A Colony Ddve, York, York County, Pennsylvania 17404. At all times relevant hereto, Defendant, Anthony C. Muscarelli, was trading and doing business as Mukie's Seal Coating. The address for Mukie's Seal Coating at all times relevant hereto was 720A Colony Drive, York, York County, Pennsylvania 17404. 5. On or about October 4, 1995, Plaintiffs, Mark M. Minium, D.D.S. and Minium & Kearns Orthodontists, entered into an agreement with Anthony C. Muscarelli, t/d/b/a Mukie's Seal Coating, wherein Defendant, Anthony C. Muscarelli agreed to perform services upon Plaintiff's parking lot which included seal coating over existing blacktop as well as grading and installing new blacktop as well as curbing and lights. 6. Defendant, Anthony C. Muscerelli, t/d/b/a Mukie's Seal Coating, failed to perform the services set forth in the agreement in a workman-like fashion and Plaintiff hired another contractor to repair and complete the project. A true and correct copy of said sales agreement is attached hereto and incorporated here~n as Exh~b t A. 7. As a result of the Defendant's negligence, the parties entered into a settlement agreement dated August 5, 1997, to resolve a Fifteen Thousand Eight Hundred and Seventy-Six and 481100 ($15,876.48) Dollar claim to reimburse Plaintiff for payments rendered for services that were either performed negligently or not performed whatsoever. A true and correct copy of said letter agreement is attached hereto and incorporated herein as Exhibit "B". 8. Defendant, Anthony C. Muscarelli made payment according to the agreement periodicelly after executing the settlement agreement in the amount of Five Thousand Five Hundred ($5,500.00) Dollars. 9. Defendant has failed to make any payments under the settlement agreement since June: 1998. 10. There remains a balance of Ten Thousand Three Hundred Seventy-Six Dollars and Forfy- Eight Cents ($10,376.48) due and owing from Defendant Anthony C. Muscarelli, t/d/b/a Mukie's Coating, to Plaintiffs, Minium, & Keams Orthodontists, and Mark M. Minium D.D.S. 11. Despite repeated attempts to seek payment in this matter by telephone and correspondencc, Plaintiffs have not received any payment pursuant to the agreement since June, 1998. COUNT I BREACH OF CONTRACT Mark M. Mlnium. D.D.S. and Mlnlurn & Kearns Orthodontists Anthony C. M~'-~-~;elll- t/d/bla Mukie's Seal Coatina. 12. Paragraphs 1 through 11 are incorporated as if set forth fully herein. 13. On August 5, 1997, the parties hereto entered into an agreement whereby the Defendant, Anthony C. Muscarelli agreed to settle a claim with Plaintiff for Fifteen Thousand Eight Hundred and Seventy-Six and 48/100 ($15,876.48) Dollars. 14. The terms of the settlement agreement attached hereto as Exhibit "B" includes One Thousand ($1,000.00) Dollars upon acceptance of the agreement and Five Hundred ($500.00) Dollars a month commencing on September 1, 1997 with a balloon payment on August 1, 1998. 15. Defendant, Anthony C. Muscarelli, t/dlb/a Mukie's Seal Coating, has failed to make payment as required under the agreement and therefore is in breach of the settlement agreement for which Plaintiff seeks the balance due and owing, Ten Thousand Three Hundred Seventy-Six Dollars and Forty-Eight Cents ($10,376.48) plus interest and costs. COUNT II BREACH OF CONTRACT 'i ' v. ~l~thon_v C. Muscarelll. t/d/bla Mukle's $,,,1 Coatin,_. 16. Paragraphs 1 through 15 are incorporated as if set forth fully herein. 17. On or about October 1, 1995, the parties entered into a Sales Agreement whereby the Defendant, Anthony C. Muscarelli, t/dlbla Mukie's Seal Coating, agreed to provide certain improvements as set forth herein to Plaintiff's property located at 1412 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. 18. Defendant failed to perform these services in a workmanlike fashion and therefore, is in breach of the Sales Agreement and the contract between Plaintiffs and Defendant. 19. Plaintiffs, due to Defendant's negligence, suffered damages in the amount of Fiffee~ Thousand Eight Hundred Seventy-Six 481100 ($15,876.48) Dollars. 20. Plaintiffs have received Five Thousand Five Hundred ($5,500.00) Dollars representin~ reimbursement of those damages from Defendant. Plaintiffs seek the balance due and owing of Thousand Three Hundred Seventy-Six and 48/100 ($10,376.48) Dollars plus interest and costs. WHEREPORE, Plaintiffs request this Honorable Court to award to Plaintiffs Ten Thousand Three -lundred Seventy-Six Dollars and Forty-Eight Cents ($10,376.48) plus interest, costs and attorney's fees as well as other damages as this Honorable Court deems fair and equitable. Respectfully submitted, JOHNSON, DUFFLE, STEWAR'I' ~NER M~k C. Duffle 7 I A(tomey I.D. No. 7~L9)06 301 Market Street P. O. Box 109 Lemoyne, PA 17043~ 39 (717) 761-4540 Attorneys for Plaintiffs DATED: 5/'~ ., 2001 : 143492 I, MARK M. MINIUM, D.D.S. and MINIUM & KEARNS ORTHODONTISTS, do verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. MARK M. MINIUM, D.D.S. ! MINIUM & KEARNS ORTHODONTISTS MARK M. MINIUIM, D.D.S. Dated: ~//~W/~'/ '; / :143492 ~"' ~ Counte Gilb Andrews '"' '"7.? '~ ss.eft. · · ~'-:,-~ ':.,'; · .,~1 z~,o~s '~-'k '~ ~J~' ../'2~ Ncat~.'Duke ~-~t.* York, Peimty&aniakl/7401-1~82 ,, T~lephonc: 717:8484900 · FAX: 7]7.R43.c)03~ x /~.'.' burgSll~%P.O..Bo~fiOiS.lr.'a*rBe~in Pv.m~,,'y[vani:i17316;Telephofle:717-ZS~:gc)5~}ZeFAX:717.259-91~ :' c/.-~o -cia ...... · .. ql3l?___? C~.~ c~r~'~"~j~ o~'~. · . . .. IO-'e'q;7 -.:-,,, ............ ... ...., ..Augm~,'l~7 bO Cc~l iv,:ehe · . Dr. M I~imium 1411 Drklg~ grot N~w Cumberland, PA I'/070 Dear Dr, 'l~{imium: ' ' " W,- rcpresr, nt Muld,'s Seal Coating, Inc., and ! am writing to you r~garding the $15,000 claim for reimbursement for s~rvi~s re. riderS. R~garding th~ aubstanc~ of thc cldm, my ¢li~t is in thc process of suing Coopez Paving, Marvin Schaal~ and Advanc~ Con~-~t~, the subcontractors who did the aotual work on your job, for the mtim b/c~ of your rdmburs~m~t olaim. ..... In an egfort to satisfy your cl~im'iluring th~'pcndia~ li~i§atiou and'~o msolv~ this matter with yoa- amteably~ my ali,ut hl~ proposed thc following l~aymcnt sda~dule: St,000 down upon your a~.cptan~ of this laroposal, $500 a month commoncing on S~. m~g? and on th~ first d~y of m.e. ry month thcs'caller, with a balloon payment on August I, 19D8 or upon th~ r~e.~ipt of a damage awar~ in thc abov~-mf~r~ce4 litigation, whichever comes ~arlier. Au~US~ S,. 1997 wishes to expl'us his ~ f~ ~ u~s~ing nd ~ ~ t~s ~. ACCEFrF. D:. EKHIBIT "B" ~.d N~60:T~ 08BE c0 '%o0 9L~8 8c~ ~T~ : 'ON ~NOH~ %s!%uopow%-lO su~em~ Johnson. Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire 1.0. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff MARK M. MINIUM, D.D.S., and MINIUM & KEARNS ORTHODONTISTS, a General Partnership, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. Docket # to {]. . ['--r;;. . 01- ;;;.,pp" !.:.tul " '''L CIVIL ACTION - LAW v. ANTHONY C. MUSCARELLI, lId/b/a MUKIE'S SEAL COATING, Defendant PETITION TO REINSTATE THE ACTION PURSUANT TO Pa.R.C.P. 230.2 AND NOW, comes the Petitioner/Plaintiff, Mark M. Minium, D.D.S., and Minium & Kearns Orthodontists, by and through their counsel, Johnson, Duffie, Stewart & Weidner, and files this Petition to reinstate the above action and in support thereof avers as follows. 1. The undersigned counsel for the Plaintiff have filed a Complaint in the above-captioned matter on or about May 11, 2001. 2. The Sheriff of Cumberland County deputized the Sheriff of York County to affect service upon the Defendant. The Sheriff of York County was unable to locate the Defendant as the Defendant had moved and they foreclosed upon his home. 3. Counsel for Plaintiff has been attempting to locate Defendant but to date has been unable to do so. Therefore, there has been no opposition in this matter to date. 4. To the best of the undersigned's information and knowledge, the aforementioned matter was purged on December 30, 2004. The undersigned discovered the same by contacting the Prothonotary by telephone. 5. The undersigned counsel did not receive a copy of the Notice of Proposed Termination of Court Case and therefore was not afforded the opportunity to remit the statement of intention to proceed. 6. The undersigned counsel did not receive a copy of the Order terminating the case and therefore is unable to file this Petition within the thirty day window as allotted by Pa.R.C.P. 230.2(d)(2). 7. The undersigned counsel filed this Petition immediately upon discovering that the matter had been terminated without notice. , 8. Should the undersigned counsel have received a copy of the Notice of Proposed Termination of the court case, the undersigned would have promptly filed a Statement of Intention to Proceed. 9. The undersigned was unable to file said Petition within said thirty days as the undersigned only discovered that the matter had been terminated on December 30, 2004, by a telephone call to the Cumberland County Prothonotary's Office. Therefore, said Petition was filed immediately upon said discovery. WHEREFORE, the Petitioner prays this Honorable Court to reinstate said action. Respectfully submitted, JOHNSON, DUFFIE, STEW,~~& WEIDNER BY:~'://'~; 'c-/ /Mark C. Duffie, squire Dated: RIIC'It'S Johnson. Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com FEB 1 ~ 20051 S Attorneys for Plaintiff MARK M. MINIUM, D.D.S., and MINIUM & KEARNS ORTHODONTISTS, a General Partnership, Plaintiff v. ANTHONY C. MUSCARELLI, t/d/b/a MUKIE'S SEAL COATING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Docket # OI<{FP,P (!;ut'l I~ CIVIL ACTION - LAW PROPOSED ORDER AND NOW, this It~ay of F~ , 2005, upon consideration of the attached Petition filed pursuant to Pa.R.C.P. 230.2, the above action is reinstated with direction to Plaintiff to reinstate the Complaint and affect service upon the Defendant. :244438 rt~O" ~'\ o J. ! "-', f',.} "I ~ \j