HomeMy WebLinkAbout03-2357'n-,?v
VALLEY FORGE PIPE and STEEL
CO., INC.
V.
Plaintiffs
MAROTTE CONSTRUCTION CO.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 63, -'3-r l CIVIL ACTION
Defendants
NOTICE
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 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 judgement may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim of 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.
Taryn Dixon, Court Administrator
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
0. 1
VALLEY FORGE PIPE and STEEL
CO., INC.
Plaintiffs
V.
MAROTTE CONSTRUCTION CO
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.
CIVIL ACTION
Defendants
NOTICE
Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la
demanda y la notificacion. Usted debe presebntar uuuna apariencia escrita o en persona a por
abobgado y archivar en la corte en forma escrita sus defensas o sus obj ectiones a las demandas en
contra de su persona. Dea avisado que si usted no se defiended, la corte tomara medidas y puede
una Orden contra usted sin previo aviso o notificacion y por cualquier queja o aquvui que es
pedido en la peticion de demanda. Usted puedo parder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAMA POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABOJO PARA AVERIGUAR
DONDE SE PUEDE CONSIGUTA ASISTENCIA LEGAL.
Taryn Dixon, Court Administrator
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
VALLEY FORGE PIPE and STEEL
CO., INC.
Plaintiffs
V.
MAROTTE CONSTRUCTION CO.
Defendants :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03, -? 3S7 C.,?' -r.,.,
CIVIL ACTION
COMPLAINT
AND NOW comes Valley Forge Pipe and Steel Co, Inc., by and through their attorney,
Robert S. Mirin, Esq. of Ahmad & Mirin and hereby files this instant Complaint and avers the
following:
1. a.) Plaintiff, Valley Forge Pipe and Steel Co, Inc. is a Pennsylvania Corporation
licensed and authorized to do business in the Commonwealth of Pennsylvania
engaged, inter alia, in the business of vending steel related products and steel
related construction products.
b.) Sam Bufo is the President and authorized corporate officer of Valley Forge
Pipe and Steel Co., Inc. who is an officer of the corporation authorized to
undertake this litigation.
2. Marotte Construction Corporation trading and doing business as Marotte
Construction Co. is a Pennsylvania Business Corporation licensed and authorized
to do business in the Commonwealth of Pennsylvania engaged, inter alia, in the
business of commercial construction. Their entity number is 2026498. Their
principal place of business is located at 530 William Penn Place, Suite 318,
Pittsburgh, PA 15219, in the county of Westmoreland, with offices at 361 Main
Street, New Kensington, PA 15066.
3. At all times relevant to this Complaint, Marotte Construction Corporation was
engaged in the construction related business of building in connection with the
state police job site in Carlisle, Pennsylvania which is located within the county of
Cumberland, Commonwealth of Pennsylvania.
COUNT I-Breach of Contract
Valle Forge Pipe and Steel Co. Inc. v. Marotte Construction Co
4. The averments as set forth in paragraphs 1 through 3 in the above paragraphs of
the complaint are incorporated herein as set forth fully and at length.
5. a.) As reflected in the attached invoices, Marotte Construction Corporation t/a
Marotte Construction Co. purchased steel and steel related products from
Plaintiff, Valley Forge Pipe and Steel Co., Inc. in the context of this construction
activities within Cumberland County.
b.) Said purchases totaled $ 25,210.09. Various demands for payment have been
made orally and in writing.
6. Plaintiff, Valley Forge Pipe and Steel Co, Inc. demanded payment at various
times, of the materials purchased by Defendant, Marotte Construction
Corporation (fence pipe, fittings and related materials).
7. a.) Notwithstanding those demands for full payment, full payment was not made
and the amount of $ 7,210.09 plus interest remains unpaid, due and owing at this
time, notwithstanding Plaintiff's demands for payment.
b.) The terms of sale call for net cash in thirty (30) days with 18% per annum
interest accruing after thirty (30) days from the date of the invoice.
8. Wherefore, Plaintiff, Valley Forge, seeks judgment in the amount of $ 7,210.09
plus interest as provided by the terms of the purchase orders attached hereto as
Exhibits A through C.
9. Interest continues to accrue at a daily amount as provided by contract between the
parties.
10. Wherefore, judgment is demanded in the same amount and such other relief as
this Honorable Court deems appropriate.
COUNT II-Ouantum Meriut
Valley Forge Pipe and Steel Co, Inc. v. Marotte Construction Co
11. The averments as set forth in paragraphs 1 through 10 in the above paragraphs of
the complaint are incorporated herein as set forth fully and at length.
12. Wherefore, Plaintiff has provided goods in the amount of $ 7,210.09 plus interest
as provided.
13. At the present time, the amount due is the same as reflected in Paragraphs 7, 8 and
12 above.
14. The Plaintiff demands judgment in the same amount and such other relief as this
Honorable Court deems appropriate..
COUNT III-Unjust Enrichment
Valley Forge Pipe and Steel Co. Inc. v. Marotte Construction Co
15. The averments as set forth in paragraphs 1 through 14 in the above paragraphs of
the complaint are incorporated herein as set forth fully and at length.
16. Wherefore, Defendant has been unjustly enriched in the amount set for in the
paragraphs 7, 8 and 12 above.
17. Wherefore, judgment is demanded in the same amount and such other relief as
this Honorable Court deems appropriate.
Dated: s In
Respectfully Submitted,
Robert S. Mirin, Esquire
Supreme Court ID #253(
AHMAD & MIR1N
2515 North Front Street
Harrisburg, PA 17110
(717) 909-4343
Attorney for Plaintiffs
VERIFICATION
I, Sam Bufo, verify that the facts in the forgoing statements are true and correct to the
best of my knowledge, information and belief. I understand that statements made herein
are subject to penalties of 18 Pa.C.S. §4904 (Crimes Code) relating to unsworn
falsification to authorities.
Dated: S o3
Sam Bufo
EXHIBIT
A
?Ir`? ??IIC??
VALLEY FORGE PIPE AND STEEL CO. INC.
2949 STONEY CREEK ROAD
NORRISTOWN. PA 19401
7EL---FH01- 610.-2i:-i646
FAX 610.2':-2451
SOLO TO
No. ### 222
MAROTTE CONSTRUCTION CO. SMIPPE0 TO
SAME
361 MAIN STREET RE-DRI.CTED TO CARLIE , PA.
N9W KENSINGTON , PA. 15
PO# 01 SSB DAN RMS NET 30 ??E19
7'RK PPD TO NEW p,? rNSINGTON ATE 0S/
60 pcs] GRN. 3" X 10' 6" X SCH 40 V
25- 0.A GRN 1-5/8" X 21' X sch 40 V
" X 10'_ X sch 40 V
225 pcf. BARE ARM 21j" X 1-758 in
12 RLL grn barb wire ( 1320' roll) $
$ 34.68 ea. =$ 2080.8
5250' 0 1.26 per.ft. =$661 .OO
$ 20.39 X 507 = S 10,338.2
S 3.545 ea. = 197.63
82.69 =.$ 992.28
TOTAL = $ 20,823.95
XHS 6% sales tax = $ 124974
FR:I.COST RE -DERICETED $
400.00
PLEASE REMITT $22,473.34
PLEASE PAY BY 10/20/02 30 days
DAN
SELLER WARRANTS THAT GOODS SOLD CONFOI TOT 1j DE&R pW EREIN
STATED. THE GOODS ARE MILL REJECT MATERIAL AND ARE BEING SOLD ON AN AS IS
BASIS.
SELLER MAKES NO WARRANTY OF ANY KIND WHATSOEVER EXPRESS OR IMPLIEb.
SELLER SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OR MERCNANTABuTY AND
FITNESS FOR PARTICULAR PURPOSES.
TERMS AND CONDITIONS
1. General - No terms or <.onclitions, ogler than tltase st,?`+•'! #.era+;?, 5ttail t"'
binding or, Seller.
2. Acceptance - All orders and contracts arE• arc1'ctts'only at OW
3. Payment _. Seller's prices are F C.R. point of shiprnenr Frm..S r.' na?'Ten?
are net cash -thirty (30) days after date of Seller's nvoice. A ilsco,nt one hesit
of one per cent wilt be allowed if such payment is made within tent i 10) days
from the data of invo;ce, 1iut oc, discourit i#ratl be n+low"' on •.rat-tlr' 1,14-,;
charges. Balances unpaid after tree said thirty days are sL,c,ie-Z tJ .t!teri:,: at
highest rate permitted by law Normally such halanrvs shaii hear it-ItEw f' -y-1 l,111-
basis at the prime rate per annum being charged e•jch day y
Bank of New York during the period before paymen, phis an e-rj l&t-)r-al a;,,tj;ni ?jl
nl.41nt. Uf1iYS5 tT?'lt?n tf•r •,? •jrF• ••tlt'f'?'?l
interest at. the rate of five per cPrt (5,1/0P r ar ti c rfl is ?t alt t+n,?5 st.+'i"t"'
to and accepted by Seller in writing t p, ?r t,?>,
the approval of Seller's Credit l'ropartment. ,,etler 5 tt.+s+' tr?•,
prices for related extras %lit ti- Q i)co ctlainqe #pvur c rh t.,iT,'n t_`,'S. anri altl It r
contracts are accepted ast!
r!`
4, Warranty - Selle, warrants ;ts products to be "Pe r7f rjrE. t r: t,...:C: rt =+ !i{
;iai?r+:" resr<)frtsnr! f,o J016
workmanship and according to agreed sPWcrficattoi? c 4' r,trSl rta+,/t^ ?rt'c! r
Condition of the material or c° tlt mater aksfd?.iFi?? i1.`,1
the Buyer prnmptlV upon receipt h
to investigate The Skiver s outd se; aside ant t, `r1 tn.,,;+E
oopportunity until the Seller advises the ct soosctloc to .
f it. t further processing, ';titcar. ,•,,"
11;ttsnc.,' li?,i?t_G ?.
:> o.atti
(fior':
of it. Seller's ?ihalitr5ellerd'srl,abit?Yrexceedhahe ??,cR.itiNC#ta5e *4-)
In no event uential damages. TF+VRE? u ?EviP'
shalt Seller be liable for labor or conseq
WARRANTY BY THE SELLER FOR FITNESS OF PLIRF'f)'? f) }:
5. Taxes - in addition to prices ,.looted the Bi.ryer s}l,:,ri o iv :, .. ac>r,i:r:',`
taxes. ,c>?
6. Delivery -Shipping o+' deiivpty da. ?. t c ?.a r?nrl 1tc rnr*rt,1 .vhP,?!.E?
liable for delay in or failures of delivery due to _a-+se- v
+i+*y to obtain materials, stri. es
or Gott, or act.:m i"', t9o"'.
similar or dissimilar to such cs the following. fol fire, flood, acts mental authority.
or difficulties with labor, ac
mental authority. Stan l
7. Material Standards - all materials shall he fr.:rn,s` ed st+b)Pr :.
manufacturing and commercial variations and pract.ces of the flier. crri??s rtr
t.trri?,a5e
The Buy 1 ,)r nod;tY ! ,.•:t
g Order Changes en cannot canoe * wir#, `E, ,, ;..,
hold up releases after the steel is melted or in groc°s';. exce`l'
Any such action shall be subject to conditions then to be agrees' UI'til T' i5 s}
`j include protection of the Seller against all loss
EXHIBIT
I:]
VALLEY FORGE PIPE AND STEEL CO. IN.
2949 STONEY CREEK ROAD C
NORRISTOWN. PA 1940:1
TELEPHONE 61G•.':.:o;b
FAX 620-:7:-2431
No.
# 567
30L0 TO
'_ AAROT'TE CONSTRUCTION CO. sm1p o TO
361 MAIN STREET CARLIE PA.
NEW KENSINGTON , PA. 15066
PO# 01
30
250
1
GRN ST DONE CAP 3"
GRN SLEEVE 1-5/8"
MSNET 30`, MIMED V1A TRK,.000LECT r-0-ft PA ATE
10/18/02
it
GEN 3 X 16' s scf 40 pi
TOTAL 8 490.68..
6% SALES TAK 54.41
DELIVERY CHARGE 100.00
.36 _+- =$6.
$ 1.79 +. =$53
$1.53 +. .=$384.63
$49.55 +. =$49J55
SELLER WARRANTS THAT GOODS SOLD CONFORM TO THE DESCRIPTION HEREIN
STATED. THE GOODS ARE MILL REJECT MAT IUAL AND ARE BEING SOLD ON AN AS IS
BASIS.
SELLER MAKES NO WARRANTY OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED.
SELLER SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OR MERCHANTABILITY AND
FITNESS FOR PARTICULAR PURPOSES.
TERMS AND CONDITIONS
1. Genera! - No terms or rondit}ons, atndr than 1:110ses stj ff` I I.era,n, sh.rfl a,+?
binding on Seller.
2. Acceptance - All orders and contracts are accP;14.rd :n1y ;,t r?r r ' F"r a' ' tr
3. payment - Seder's prices are F 0.8 point of shipment, '-c`rrl-s r,' },vnfn
hi I
arm net cash thirty will Cbeowed it suchfpcayR1entr iriv s made with'+n tern' i i7ledays
of one per cent tray scar,. r ?, "
from the date of invoke. taut -o dis<our;t lira l ire a I<,ww, on
charges. Balances unpaid atte+r the said thirty days are sut:ldc::
highest rate permittee by lavy Normally such halancHs shall bear .(1 a7e?ft,t!,,,'ra'r3'ra ,
basis at the prime rate per annum being charge ee l c,i;,s an :rl,`ti ese ?,!,?,.rll ut
Bank of New York during the per tod before pay ,? ,,,r tor,, ,, .li,,,,re.c rf
interest at the rate of five oer cera (5%) per annum, unless <
to and accepted by Seller in writing. E:xtewziori of r.redrt !s -0 al{
the approval of Seller's Credit Department. Seller's hase prix?: td(let',oii
prices for related extras are suh+,ect to cl ange withri;ar and ,,.' ,.+ rs
contracts are accepted subject to tt.e prices in efrect tt l,r.!e of shr n)*! r,!
4. Warranty - Seller warrants+ts 1lroducts t t)P, irf?e of ,'ins ?r rS n t! :'eriai
i r r e specun : ?:;rttr?lt
workmanship anti according to agreed sopcificatio ,s a!
material or r:(Jmpf+ince with ;7!t",t t'"
condition of the
the Buyer promptly upon receipt of the material and ;jr±lier nUSt fir •t+ver: sr,..,(,ir'
opportunity to investigate The autier should set aside anri r,,.m,rr!
without further processing, until the Seiler advises the ciYs, os tm , trr ;
of it. Seller's liability under the warranty shall be limited to
,; tiell?tr. n
in no event shall Seller's habii,t:y exceed the purr:llase Prrl , U'lid
seal) RA be liable for labor GV PURPOSE GHOT-1'fk" W'F':
WARRANTY BY THE SELLER FOR F
S. Taxes - In addition to prices quoted the. B iyer si?,.0! o_4%'
taxes.
$. Delivery ••- Shipping or delrvpry dare. IS dpl.)r0Xir-)atr4 ,,r19 `;e+l;:r 'J '.w r1ol
liable for delays in or fadtires of delivery due tc caf.rses ?,oYni?rl it' rOn'r(71 +N01P*•!-er
similar or dissimilar to such as the following. inability to obtain rr,ateriais, strikes
or difficulties with labor, accidents, fire, flood, arts W God, or act r>11 i .Jowl!-"
mental authoriity.
7. Material Standards - All materials shall be fsrrnrshed -:ubiPrr
manutaCturing and Cornmer s of tf•w 1;tc`,r1.1.-,r„
cial variations and practice
crclPrS Or
Tiiic Sf,? t
8. Order Changes - The Buy-Nr cannot cancel or modifY pi.IrChASP
hold up releases after the steel is melted or in proses.;. Nrc">> `mitt! `ei `'
Any such action shall be subject to conditions. then to he agreec+ uncr+
include protection of the Seiler against all loss.
EXHIBIT
C
VALI..EY FORGE PIPE AND STEEL CO. INC.
2949 STONEY CREEK ROAD
NORRISTOWN. PA 19401
'TELEPHONE 61C-?'
?: `-io-i6
FAX 61C?•.??-:??I
30LO TO
No. ## 232
marotte construction' co. amm"DTO
SAME
361 MAIN STREET
NEW KENSINGTON PA. 15066 LOVETT ST.
CARLISE , PA.
PO# 01 AMS T 3Q IUD %U
.TRK PPD •Qa PA. AT69/29/Oi
i
282 pc GRN. BARB ARM 2i x 1 -5/8 in. @
$ 3.54 ea, _ $ 1001.82
60 pcs. GRN, CONER BARB ARM 3 in. @ $ 16.91 ea,
_ $ 971.40
PLUS 6% SALES TAX =-$118.
TOTAL =$ 2091.61
PLEASE REMITT $ 2091.61
PLEASE REMITT BY 10/09/02 -?
THANK YOU FOR YO*R ORDER
SELLER WARRANTS THAT GOODS SOLD CONFORM TO THE DESCRION STATED. THE GOODS ARE MILL REJECT MATERIAL AND ARE BEING
SOLD?ON A EIN
BASIS. S IS
SELLER MAKES NO WARRANTY OF ANY KIND WHATSOEVER EXPRESS OR IMPUEb.
SELLER SPECIFICALLY DISCLAIMS IMPUED WARRANTIES OR MERCMANTA6I
HESS FOR PARTICULAR PURPOSES I.IT!' AND
TERMS AND CONOtTIONS
No tern-is Or r:onditions, other ttlan t.`1Cr51+ Sta-eci lArl+'11, shall Ile
i. General
binding on Seller.
2. Acceptance - All orders and contracts are accNtired "'r' -,t `f''r
are F 0 8. point Seller's prices fter date, of Seller's invo ceeA ois(I;?n t{?a^e hi 1 t
t
are net cash thirty pays a
meet is made within ten t ?tll days
of one per cent will be allowed if such pay
from the date of invoice. but no di3courii %l.all he aliowr... on ref*';t ;;:
charges. Balances unpaid after tt±e said thirty days are ;t
highest rate permitted by law. Normally such halanr,F-s shall ht-ar r, II
u ?`rk
basis at the prime rate per annum being charged e,ich °iav I y (,:'dN Ise:=. . I E- Bank of New York during the Per tad before pav'rllerl' t)lL:s an -u<3:tioT.a` al
•?
Interest at the rate of five oer cent (5%) per anrrfryi, unli-is r,- ),Ir it 4r fn F.ey
t and al o SeIer's Sellet In writing, ISeitw s base pr,r ; tn;lY t.r•+ Itr' the approval ?c• . and .+!
prices tar related extras are subject to change withn' 1' not
,•., t.-1-it, of o,r St,Iplnenl
contracts are accepter] subject to tt.e pr ices in of tec:t .
t'.
trpr? tat fl F:rf t'i rl
4, Warranty -• Seller warrants ;ts products to t:rP
reed spRC+ficat:orl .;idlm, f>:xreet,nrl :',r;rtrlnF
workmanship and a..Corciinc to ag *,c.etlc r , :r.t.':°;? ;'?°"• v
condition of the material or compliance with s;pec::
the Buyer promptly upon receipt of the material anti Se!lel -vtj,,t ha af,-,nit,
t?'. ,'! t.::r:r. {t`"• ;+
opportunity to investigate The Buyer should se? aside and
witt,out further processing, unt:i the Seller advises the ri S:ros1t1tr1• try rn&W
of it, Seller's liability under the warranty shall he ifrritYd 'a ;..> o.,:ct '. `?•e•?•??sr '? ?"
in no event shall Seller's liabOoN exceed the pu cease P F
shat! Se;1er be liableHE+.SEb LER FOR FiTPdESS CFaPUH4=?'?I?;Et)ri +!v';t;?t"?t ?`z•:, ? ?,
THE
WARRANTY BY
5. Taxes - In addition to p?;cPS quoted the f?lfyer grl.slt s_..,v <. , ? ??
taxes.
In or delivery da*.(- is alporoxil-ill cir:d
6, Delivery -Shipp 9
liable for delay; in or failures of de!ivery rfUe tQ CalrSeS "_tvynrl(1 irc 1;4lr'tI0l
ollowing. abt?yr:arr:f?,r,:±?3i,g??;+(?'s
simi'ar or dissimilar
or diffjculUes
mental authority.
7. Material Standards - Ail mate-als shall be turnlshed ;t'bler ; era
manufacturing and commercial variations and practices of VII Seller.
'rtd)C;?fy l.•,tirr.i`Ft°;f' `iarc <tf
8. Order Changes - The Buyer cannot can fel or wittl ::e<,' : rif
hold uU releases after the steel is melted or in process. exr:e'I` r r, r,?is ,i,?.
aga?ns?ai?floss s then to oe agrees-: ,?1.
Any s?c roif?ci on ofttbe Selsubject
includ p
'W'
U?
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-02357 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VALLEY FORGE PIPE AND STEEL CO
VS
MAROTTE CONSTRUCTION CO
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
MAROTTE CONSTRUCTION CO
but was unable to :Locate Them in his bailiwick. He therefore
deputized the sheriff of ALLEGHENY County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On June 19th , 2003 , this office was in receipt of the
attached return from ALLEGHENY
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Allegheny Cc 50.00
Notary 3.00
90.00
06/19/2003
ROBERT S. MIRIN
Sworn and subscribed to before me
this 3b+ day of
a2lXani A.D.
?-W _ , Q , oQe n
' / ' / Prothonot`dry
So answers ?-----?--
R. ThomaRr-n
eSheriff of Cumberland County
In The- Court of Common Pleas of Cumberland County, Pennsylvania
b v, Valley Forge Pipe and Steel Co. Inc.
3i vs.
Marotte Construction Co ?CJ??
SERVE: 18awc
03-2357 civil
Pc-?4 ? ?sa-t?
Now, May 19, 2003 I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Allegheny County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, ?"-
within
upon
at
by handing to
a
and made known to
2003 , aVZ o'clock ? M. served the
copy of the original
_ the contents thereof.
S
COSTS
Sworn and subscribed before ??//?L, SERVICE n, 00 $
me this ay of N,Ie?OV_% MILEAGE _
o n n _ AFFIDAVIT ?cU-.)
rl-ollmfl-nu Publi c $
MyCiCunty ssion Expiren Tyne C 2004 19, , onotN0WW
I
VALLEY FORGE PIPE and STEEL
CO., INC.
Plaintiffs
V.
MAROTTE CONSTRUCTION CO.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-2357 Civil Term
CIVIL ACTION
PRAECIPE TO REINSTATE COMPLAINT
To the Prothonotary/Clerk of Courts:
Please reinstate the attached Complaint in the above captioned matter.
Dated: % Z
1
uV
Robert S. Mirin, Esquire
Supreme Court ID #25305
2515 North Front Street
Harrisburg, PA 17110
(717) 909-4343
Attorney for Plaintiffs
Respectfully Submitted,
c?
_
^ry ?.:
- to n
plt_...
1 ""1
c;
;o
37,
j
N h
CA)
Valley Forge Pipe and Steel Co., Inc.
vs Case No. ` 03-2357 Civil Term
CIVIL ACTION
Marotte Construction Company
Defendants Statement of Intention to Proceed
To the Court:
Valley Forge Pipe and Steel Co., Incintends to proceed with the above captioned matter.
Print Name Laurence R. Wachs Sign Na..
Date: October 20, 2006 Attorneyfor Valley Foorp Pi=e and creel Co., Inc.
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
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yr
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberfarlb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
n:3 -?35 7 CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573