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Home My WebLink About99-04870Fill iS`nw fi 3 s'± RAJ i k I.Q a 1 it v? X tr 'y 1?g} V) nr f ,. l ?Il A Jr?;.4 dh ?y WILLIAM MARTINKO, Plaintiff V. FLYING J, INC., T/DB/A FLYING J TRAVEL PLAZA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.99- fZ CIVIL CIVIL ACTION - LAW PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons and cause the same to be served by the Cumberland County Sheriff on: Flying J, Inc. Flying J Travel Plaza 1501 Harrisburg Pike Carlisle, PA 17013 Respectfully Submitted, Date Hubert X. GXby, Esq. Supreme urt No. 29943 For: Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 (Attorney for Plaintiff) ?b OC) i) Commonwealth of Pennsylvania County of Cumberland William Martinko VL Flying J, Inc., T/D/B/A Flying J. Travel Plaza 1501 Harrisburg Pike Carlisle, PA 17013 Court of Common Pleas No, _____ 99_4870_Ciyil_rm ......... 19 Civil Action-Law To __ Flying J,_ Inc,?_ T(DYB,F-.Flying_7_xcavel Plaza You are hereby notified that William Martinko -------------------------------- -------------------------------------------------------- the Plaintiff has commenced an action in against you which you are required to defend or a default judgment may be entered against you. (SEAL) ------------ - Curtis -R._-Long------ --- Prothonotary Date __ AucJust 12---------------- 1999 B - - Deputy i ' ? e .. 1 1 ?I ? 1 1 1 1 1 r' 1 1 1 UI O co ? 1 GY1 1 1 z i i 1 1 j ? 1 ' i 3 K I I 4J w a 3i L; Eg .-1 i 0O 1 r-I r-I .'\-I { h ~ J QI i i W.T. T C { 7 [ ? ? ? 2 I . j y 3-I 'n N ?aH a Ln U ? .i N Q 2i 3.1 1? Q yO W W i ? x W?Mu SHERIFF'S RETURN - REGULAR CASE NO: 1999-04870 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTINKO WILLIAM VS. FLYING J INC ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FLYING J INC T/D/B/A FLYING J TRAVEL PLAZA the defendant, at 8:58 HOURS, on the 13th day of August 1999 at 1501 HARRISBURG PIKE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to ANTHONY LOCAS (MANAGER) a true and attested copy of the WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: 1 Docketing 18.00 Service 3.10 p Affidavit .00 Surcharge 8.00 n. .nomas xtine, 5 eri $2-9--.=BR 16%1999GILROY 08/ by " • epu!9'/? // 1 Sworn and subscribed to before me this /G e=' day of 19 9cl A.D./ rocnonou-?r r IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY. PENNSYLVANIA WILLIAM MARTINKO, Plaintiff V. No. 1999-4870 FLYING J., INC., t/d/b/a FLYING J. TRAVEL PLAZA, Defendant CIVIL ACTION ENTRY OF APPEARANCE TO: Prothonotary - Cumberland County Kindly enter the appearance of the undersigned on behalf of Defendant, Flying J., Inc., t/d/b/a Flying J. Travel Plaza, in connection with the above-referenced case. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & "CIN BY: 100 Pine SNJee - 4th Fl. P.O. Box 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232-9323 Attorney for Defendant, Flying J., Inc., t/d/b/a Flying J. Travel Plaza DATE: \03_A\LIAB\T1M\LLPG\72375\SX V\20614\00137 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY PENNSYLVANIA WILLIAM MARTINKO, Plaintiff V. No. 1999-4870 FLYING J., INC., t/d/b/a FLYING J. TRAVEL PLAZA, Defendant CIVIL ACTION CERTIFICATE OF SERVICE I, Shonu V. McEchron, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this -D day of May, 2001, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: TO: Hubert Gilroy, Esq. Broujos and Gilroy, P.C. 4 N. Hanover St. Carlisle, PA 17013 honu V. McEchron SOS A\LIAB\T1M%LLPG1089WSM2061M00137 W ¦ -) u` .1 0 2001Qr WILLIAM MARTINKO. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA v : NO. 99-4870 CIVIL ACTION- LAW FLYING ,I, INC., t/d/b/a FLYING j TRAVEL PLAZA Defendant COURT ORDER AND NOW, this 10r day of July. 2001, the attached Stipulation is hereby incorporated as an Order orCourt. BY THE COURT. By: ' .9 f cc: Hubert X. Gilroy, Esquire Timothy J. McMahon, Esquire IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY. PENNSYLVANIA WILLIAM MARTINKO, Plaintiff V. No. 1999-4870 FLYING J., INC., bd/b/a FLYING J. TRAVEL PLAZA, Defendant CIVIL ACTION STIPULATION The parties through their respective counsel hereby stipulate that: That action filed at number 2001-1062 is hereby consolidated into this action; the parties further stipulate that Plaintiffs Complaint and Defendant's Answer, originally filed in that action at number 2001-1062 are hereby incorporated into this action as if originally filed herein. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMADI 4.. ?r?//L BY: ?? Timothy'J.Wc ,Esq. Date: 100 Pine Street - 4t Fl. P.O. Box 803 Harrisburg, PA 1 7 1 08-0803 I.D. 52918 (717) 232-9323 ATTORNEY FOR DEFENDANT, Flying J., Inc., t/d/b/a Flying J. Travel Plaza BROUJOS AND GILROY, P.C. BY: Hubert X. Gilroy, Esq. Date: 4 N. Hanover St. Carlisle, PA 17013 1. D. (717)243-45 4 ATTORNEY FOR PLAINTIFF, William Martinko \05 A\LIAB\TJM\LLI'G\72361 M-106W00137 -? ?.. ?_ ?-? WILLIAM A. MARTINKO, : IN THE. COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 99 - 4870 FLYING J., INC. t/d/b/a FLYING J. TRAVEL PLAZA, Defendant : CIVIL ACTION COURT ORDER AND NOW, this 3a? day of 04mal , 2001, upon consideration of the attached Petition, a Rule to Show Cause is hereby issued on Plaintiff William A. Martinko whereby Plaintiff William A. Martinko should show cause as to why Hubert X. Gilroy, Esquire and the law firm of Broujos & Gilroy, P.C. should not be authorized to withdraw as legal counsel for the Plaintiff in the above case. This Rule is returnable twenty (20) days after service on the Plaintiff by regular mail. BY TH cc: Hubert X. Gilroy, Esquire o 13. 01 Timothy J. McMahon, Esquire Cr William A. Martinko n J. 1'. U I CC•T 2.i ^.?1 ?` i i ,JUitill' p_NNSWV N!A a I i 1 Y • i { 1 : IN THE COURT OF COMMON PLEAS OF WILLIAM A. MARTIN nOff ;CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4870 V I FLYING J., INC. t/d/b/a FLYING J. TRAVELn f AZAndan,t : CIVIL ACTION MOTION TO WITHDRAW AS COUNSEL Petitioner, Hubert X. Gilroy, Esquire, and the firm of Broujos & Gilroy, P.C., sets forth the following: 1 Petitioner is Hubert X. Gilroy, Esquire and the firm of Broujos & Gilroy, P.C., 4 North Hanover Street, Carlisle Pennsylvania. 2 Petitioner is counsel of record for the Plaintiff in the above referenced matter. 3 This case is currently in the discovery process and has not yet been listed for trial. 4 Irreconcilable differences have arisen between Plaintiff and Plaintiffs counsel oncmatters such as fees, responses to discovery, and the Plaintiff expressing serious concerning how the petitioner is handling the case to such a degree that Plaintiff has g that plaintiff is seeking another attorney to file suit written to the petitioner suggestin against the Petitioner. WILLIAM A. MARTINKO, Plaintiff FLYING: d., INC. t/d/h/a FLYING.I. TRAVF,I. PLAZA, Defendant : IN THE. COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4870 CIVIL ACTION MOTION TO WITHDRAW AS COUNSEL Petitioner, Hubert X. Gilroy, Esquire, and the firm of Broujos & Gilroy, P.C., sets forth the following: Petitioner is Hubert X. Gilroy, Esquire and the firm of Broujos & Gilroy, P.C., 4 North Hanover Street, Carlisle Pennsylvania. 2 Petitioner is counsel of record for the Plaintiff in the above referenced matter. 3 This case is currently in the discovery process and has not yet been listed for trial. 4 Irreconcilable differences have arisen between Plaintiff and Plaintiffs counsel on matters such as fees, responses to discovery, and the Plaintiff expressing serious concerns concerning how the Petitioner is handling the case to such a degree that Plaintiff has written to the Petitioner suggesting that Plaintiff is seeking another attorney to file suit against the Petitioner. The Petitioner desires to withdraw as counsel for the Plaintiff. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule to Show Cause upon the Plaintiff to show cause as to why the Petitioner should not be granted leave to withdraw as Plaintiffs counsel. Respectfully submitted, ? 9-1V 4 - Hubert X. Gilroy squire Broujos & Gilr , P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 ,? tl- «? ,.. '' li I(.? h? ?.`l f (1 ?. I s ?' .?. `1 ? f ?1 ?? l? _._ ??? ,i II'J t . _ `? :_) U WILLIAM A. MARTINKO, Plaintiff v FLYING .1, INC., t/d/b/a FLYING.1 TRAVEL PLAZA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4870 CIVIL ACTION COURT ORDER CIVIL ACTION - LAW AND NOW, this day of _tA&,, k , 2002, upon consideration of the attached petition, it is hereby ordered that Hubert X. Gilroy, Esquire and the law firm of Broujos & Gilroy, P.C. may withdraw as legal counsel for Plaintiff William A. Martinko in the above matter. BY THE By: E. Guido cc: & ubert X. Gilroy, Esquire r 0? ?g a11e othy J. McMahon, Esquire ,William A. Martinko 03-0-0a WS J. NJ' I_Ch??::71?U I WILLIAM A. MARTINKO, Plaintiff FLYING J, INC., t/d/b/a FLYING.1 TRAVEL PLAZA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.99-4870 CIVIL ACTION - LAW : CIVIL ACTION PETITION TO MAKE RULE ABSOLUTE Petitioner, Hubert X. Gilroy, Esquire and Broujos & Gilroy, P.C., sets forth the following: On October 22, 2001, this court issued an Order to Show Cause upon Plaintiff William A. Martinko as to why Hubert X. Gilroy, Esquire and the law firm of Broujos & Gilroy, P.C. should not be authorized to withdraw as legal counsel. By letter of October 31, 2001, a copy of said Order and Rule to Show Cause was sent to the Plaintiff. A copy of the communication is attached hereto and marked Exhibit "A". Plaintiff has not responded since the issuance of the Rule to Show Cause in this matter. WHEREFORE, Petitioner requests your Honorable Court to authorize Petitioner to withdraw as legal counsel in this case. Respectfully submitted, OL Hubert X. Gilr , Esquire Broujos & G' roy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 JOHN H. BROUIOS HueERr X. GILROv BROUJOS & GILROY, P. C. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 2434574 FACSIMILE: (717) 243.8227 INTERNET:brgilroypc®aol.com NoN-TOLL TOR HARRLSeURG AREA 717-766-1690 FILE William A. Martinko 404 Clayton Avenue Wilmington, DE 19809 Dear Mr. Martinko: October 31, 2001 Enclosed is a copy of Judge Guido's October 22, 2001 Order issuing a Rule to Show Cause on you as to why we should not be able to withdraw as your attorney in this case. Sincerely yours Hubert X. Gilroy dca Enclosure EXHIBIT c(_ WILLIAM A. MARTINKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 99 - 4870 FLYING J., INC. t/d/b/a FLYING J. TRAVEL PLAZA, Defendant : CIVIL ACTION COURT ORDER AND NOW, this .7d Ao(day ofZ _ , 2001, upon consideration of the attached Petition, a Rule to Show Cause is hereby issued on Plaintiff William A. Martinko whereby Plaintiff William A. Martinko should show cause as to why Hubert X. Gilroy, Esquire and the law firm of Broujos & Gilroy, P.C. should not be authorized to withdraw as legal counsel for the Plaintiff in the above case. This Rule is returnable twenty (20) days after service on the Plaintiff by regular mail. BY THE COURT, cc: Hubert X. Gilroy, Esquire Timothy J. McMahon, Esquire William A. Martinko rFRUE r0PY FIFT(DNI R r ORD In Testimony viltereot, i here Wito set my hand and the soA,: sf said Conn at •.<?Iisle, Pa. This day ut ? Prothonotary WILLIAM A. MARTINKO, Plaintiff v FLYING J., INC. t/d/b/a FLYING J. TRAVEL PLAZA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4870 CIVIL ACTION Q o p MOTION TO WITHDRAW AS COUNSEL Df o Petitioner, Hubert X. Gilroy, Esquire, and the firm of Broujos & Gilroy, P.C.,t tai forth the S following: c ^' - ?O ?Q 1 Petitioner is Hubert X. Gilroy, Esquire and the firm of Broujos & Gilroy, P.C., 4 North Hanover Street, Carlisle Pennsylvania. 2 Petitioner is counsel of record for the Plaintiff in the above referenced matter. 3 This case is currently in the discovery process and has not yet been listed for trial. 4 Irreconcilable differences have arisen between Plaintiff and Plaintiffs counsel on matters such as fees, responses to discovery, and the Plaintiff expressing serious concerns concerning how the Petitioner is handling the case to such a degree that Plaintiff has written to the Petitioner suggesting that Plaintiff is seeking another attorney to file suit against the Petitioner. 5 The Petitioner desires to withdraw as counsel for the Plaintiff. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule to Show Cause upon the Plaintiff to show cause as to why the Petitioner should not be granted leave to withdraw as Plaintiff's counsel. Respectfully submitted, Hubert X. Gilroy, E uire Broujos & Gilroy C. 4 North Hanove Strect Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 WILLIAM A. MARTINKO, Plaintiff v FLYING J. INC., t/d/b/a FLYING J TRAVEL PLAZA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.99-4870 CIVIL ACTION - LAW CIVIL ACTION PRAECIPE TO THE PROTHONOTARY: Pursuant to Court Order of March 4, 2002, please withdraw the appearance of Hubert X. Gilroy, Esquire and the firm of Broujos & Gilroy, P.C. as legal counsel for Plaintiff William A. Martinko in the above matter. All future filings and correspondence should be sent to Mr. Martinko as follows: William Martinko 404 Clayton Avenue Wilmington, DE 19809 Respectfully submitted, Z?? 1'1?7 4_ Hubert X. Cilroy, squire Broujos & Gilroy, P.C. 4 North Hanover Str Carlisle, PA 17013 (717) 243-4574 Supreme Cou ID No. 29943 ?? R) ?•- __ c: ?... ?-= , ':? f ?> rr '-_ 'i _ ?.i Yea c? ` i.v _ J `' ?:% iU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM MARTINKO, CIVIL DIVISION Plaintiff, V. NO. 1999-4870 FLYING J. INC., t/d/b/a FLYING J. TRAVEL PLAZA, Defendant. APPEARANCE OF COUNSEL Filed on behalf of: William J. Martinko, Plaintiff Counsel of record for this party: Thomas A. Crawford, Jr. PA I.D. # 30215 Barbara L. Weiss PA I.D. # 85973 Crawford & Weiss 1306 Penn Avenue Pittsburgh, PA 15221 Voice (412) 244-1160 FAX (412) 244-1171 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM MARTINKO, CIVIL DIVISION Plaintiff, V. NO. 1999-4870 FLYING J. INC., t/d/b/a FLYING J. TRAVEL PLAZA, Defendant. APPEARANCE OF COUNSEL TO THE PROTHONOTARY: Please file our appearances for the plaintiff in the above captioned case. Re ectfo y submitted i _homas A. Crawford, Jr L. Weiss CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing pleading has been served upon: Timothy J. McMahon, Esq. 100 Pine Street P.O. Box 803 Harrisburg, PA 17108-0803 by mail on 19 August 2002. C'r ? [' 11 . :? - ?i ? _. _. i _ ?_. "J --• ?) - i? _ ?. ' -5 __? (> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM MARTINKO, Plaintiff, V. FLYING J. INC., t/d/b/a FLYING J. TRAVEL PLAZA, Defendant. CIVIL DIVISION NO. 1999-4870 STATEMENT OF INTENTION TO PROCEED Filed on behalf of William J. Martinko, Plaintiff Counsel of record for this party: Thomas A. Crawford, Jr. PA I.D. # 30215 Barbara L. Weiss PA I.D. # 85973 Crawford & Weiss 1306 Penn Avenue Pittsburgh, PA 15221 Voice (412) 244-1160 FAX (412) 244-1171 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM MARTINKO, CIVIL DIVISION Plaintiff, V. NO. 1999-4870 FLYING J. INC., t/"/a FLYING J. TRAVEL PLAZA, Defendant. STATEMENT OF INTENTION TO PROCEED TO THE COURT: NOW COMES the plaintiff, William Martinko, by his attorneys of record, Thomas A. Crawford, Jr., and Barbara L. Weiss, and respectfully states that he intends to proceed with this civil case. The matter has not been idle, and discovery has proceeded over the past two years and will continue. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing pleading has been served upon: Christopher M. Reeser Marshall, Dennehey, Warner, Coleman, & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 by mail on 19 September 2005. .%L William Martinko vs Case No. 1999-4870 Flying J. Inc., t/d/b/a Flying J. Travel Plaza Statement of Intention to Proceed To the Court: William Ma r b i nice intends to proceed with the above captioned matter. Thomas A. crawford, Jr. Print Name Sign Name Date: 9/19/05 Attorneyfor William Martinko 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 ojcivii 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(6) 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. r 1,- tllt i CL. =L 7 C7 UJ P- ? y LL y 0 cV a. N d (n C> ?J r ri N- 1 U f . vs Case No. r ?fLy ? /`f (?Q vq4LStatement of Intention to Proceed '?t A A To the Court: t L L ? ti .?((? intends to oceed the ab ome captioned matter. Print Name l3 sign Na 0 Date: Attorney for LZ LL 1 Aoi m A a gf D 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. 11 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. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing pleading has been served upon: Christopher M. Reeser Marshall, Dennehey, Warner, Coleman, & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 by mail on 18 September 2008. ? _ ?. - ?;?? , ,,,j,,.. ? ? ? ?:?. -? ? ?? `'' rv ?.?..,_ W ?.:r ? a f ? ? ? _, ; _ ,..? ? f E`i • ?"? -? -? MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Attorney for Defendant WILLIAM MARTINKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-4870 CIVIL FLYING J., INC., t/d/b/a FLYING J. TRAVEL PLAZA, : Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on January 12, 2009, I served a copy of Defendant's Notice of Bankruptcy Stay via First Class United States mail, postage prepaid as follows: Thomas A. Crawford, Jr., Esquire 1306 Penn Avenue Pittsburgh, PA 15221 Attorney for Plaintiff Christopher M. Reeser ra r• ? c; MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Attorney for Defendant W 1LLLA M MARTINKO, Plaintiff V. FLYING J., INC., t/d/b/a FLYING J. TRAVEL PLAZA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4870 CIVIL JURY TRIAL DEMANDED NOTICE OF BANKRUPTCY STAY You are hereby notified of the filing of a case under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware on December 22, 2008 for Flying J, Inc. The Bankruptcy Court has assigned Case No. 08-BK-13384 to this matter. A copy of the Bankruptcy Petition is attached hereto as Exhibit A. Pursuant to the United States Bankruptcy Code, 11 U.S.C. § 101 et seq., the filing of a Bankruptcy Petition operates as a stay to the commencement or continuation of all judicial proceedings against the debtor. See, 11 U.S.C. §362. The automatic stay is to remain in effect until defendant's bankruptcy case is either closed, dismissed or at a time when the stay is lifted by the Bankruptcy Court. Dated: January 12, 2009 MARSHALL DENNEHEY WARNER COLE OGGIN By: Christopher M. Reeser, Esquire Attorney for Defendant ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 EXHIBIT A Ri to mdnt m.- Yvimn United States Bankruptcy Court District of Delaware Voluntary P Petition Name o ter (if Individual, enter Last, First, Middle): Name of Joint Debtor (Spouse) First, Middle): Flying J inc. All Other Naha used by the Debtor in the last 8 ycsn All Other Names the Joint Debtor In the be 8 y years V (include married, reatdan, and trade names): (include married, mar A and lode ranee): Last four dtgite of Sac. Soc. or Individual Taxpayer I.D. (IM NoJ(aomplato BIN (if am rhea one, shat all) IAK ur ig te o 1100 era. or ndiv umP payer D. Of awn thin 00% sues d0 841883458 Street Address of Debtor (No. and Street' City, and State): treat Address of o (No. and SCityand S): traet. , late 1104 Country Hips Drive Ogden, UT ZIP Code ZIP County of Residence or of the Principal Place ofBusiness: County of Accidence or of the Principal o n ess: Weber 1 g Address of Debtor )f roc from and address Mailing Address of Joint Debtor Of t from aired ZIP code ZIP Cods Location of Principal Anab of Business Debtor (U diflaent from street address mbovss Type of Debtor NislarsofBosinams Chapter orBaattrupisy Coda Under which (Fmm of OrpuEI=* o) (Chad: cas box) the Paatlon In Piled (Check one box) (Cheek on box) ? Health Cam Bovines [l Chapter 7 O Individual (isahdas Joint Debtors 13 Siusle Ana Red Bouts as defined in 1 U.S C 4 301 (518) 13 Chap,, 9 0 Chapter 15 Petition for Recognition Ste Erh(blt D on frogs 1 ojtbb; form. ? Railroad ¦ Chapter I I ofa Foreign Main Proceeding n8 ¦ Corporation (includes LLC and LLP) E3 Stockbroker ? Chapter 12 ? Chapter IS Petition for Recognition 13 Partnership ? Commodity Broker 0 Chapter 13 of a Foreign Nonmain Proceeding ? Othe Of M I ? Clearing Bank aw r s mot one of the above enOtka, W ¦ Other N t f D b check ads box and sues type of eotiry ) a o" o e ts Ta:4aaampt liaWy (Mack one box) (Qwok box, if eWambla) 13 Dabts are priroadly wmemar dabls, ¦ Dd* an phoaft 13 Debtor Is a tax-exempt organindou dotiad in 11 U.S.C. f 1010 a busiaea debts. under 411k 26 of the mted States " n=W by an (ndividmml prbnwUy for Code (the internal Revenue Code). a Personal, ikm0y, or household pampmL* Filing Fee (Check one bust) Check one box Chapter 1 bears ¦ Fell Filing Fat munched O Debtor is a small bushes debtor as defined in I 1 U.S.C. 0 101(51 D). D Figng Fee to be paid in in stallments (applixbk to iodivldaale Daly). Must ¦ Debtor is not a small business debtor as defined in I I U.S.C. § I01(S I D). attsnh sigsad a for tier court's enrtidetation asrtlfying shot the debtor le unable to pay leapt in i?lkuenta Mule 1006(b). Sus Oglehl Form 3A. Choclt M. Dow d" (excluding debts owed 0 O FiB F i t o ng ee wa ver requested (applicable to chapter 7 individuals only). Mat attach si ned a licatio f et e i d Check all applicable bama g pp n or a oour s oom dem on. Sae Ot6ohl From 3B. ? A pin In fi filed with Chit petition. ? 1? es of the plan wove solicited prepetition from one or more I d woditon, in accordance with I I U.S.C. ¢ 106(bs MMEIrntl" ran n tt ¦ Debtor estimates that 11ands will be available for dishibution to unsecured eredkon. THIS SPACE IS FOR COURT USE ONLY Debtor estimates that, star attgqrr axe t pmpe* Is excluded std administrative expenses paid, then will be no tends avallabb for dlt?bution to unsecured creditors. Estitnated Number of Credhon I- D ? ° ° 50 I - 5 o. too. .Ow 001. 10jMl. ,001. ,M.OVER 49 99 199 999 5,000 10,000 23,000 50,000 loom 100,000 Estimated Assets ? ? o ? a ? 13 ? ? ¦ _ 5016 ,Oa0.00 00oD 0aA04eo Want st to af0ata0b M" In t> 0 1 "W0D t to!n1 alff001 mat t M.010 date adlSan mmin adllam mllmn Bstimaud Liabilities ? O O O ? a • ? O a f sfts,,Ooppt r t logptt to f ?,pt?pp asegael t t ilwe Om te toso 1 i ?Ste Nl 31 1 iS ssauaoa ftaesso staeAOe 60M e M u u? sl balm- Mum man Elmo 1111 MOWS] ate, rtnmst Voluntary Petition Name of Debtor(s): Flying J inc. (Mi pose -1 be completed and filed in every case) All Prior Bankruptcy Cam Flied Atkin Last 8 Yeah (If more than two, attach additional abeet) Location Cate Number. Date Filed: Where Filed: - None - Location Cue Number. Date Filed: Where Filed: Pending Bankrupts Can Filed any Spoon, Partner, or Affiliate of" Debtor Of more than one, attach additional sheet Name of Debtor: Case Number: Date Filed: See Schedule 1 District Relationship: Judge: Exhibit A Bxhibft B (To be completed if debtor Is an haavidval wlross debts are pftnfly coonaw detat:) Coo be completed if debtor is required to file periodic repot (e g., I, rite attomay fbr the patitk ner named in the foregoing petition, declare that I Itirma IOK and IOty with die Securities and Exchange Commission be" bdbmwd the petitioner that the or she) may proesed ander chapter 7. 11, pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 12, or 13 of title 11, United States Code, and have explained do ralidavallable and h requesting relief under chapter 11.) under each such chapter. I fWtlear certify that I delivered to the debtor the notice required by 1 I US.C.1342(b). I] Exhibit A is attached and made a part of this petition. X Signature of Attorney for Dobtat(s) (Dace) Exhibit C Does the debtor own or have possession of arty property that poses or is alleged to pose a dent of imminent and identifiable harm to public health or safixy7 i] Yea, and Exhibit C is attached and made a part of this petition. No. Exhibit D (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.) 0 Exhibit D completed and signed by the debtor is attached and made a part of this petition. if this is a joint petition: 0 Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition. IAlbrmaden Regarding the Debtor - Venue (Chat any applicable box) 0 Debtor has bow domiciled or has bad a residence, principal pit= of loudness, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 drys than in any other D'rsbicx. ¦ There Is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District ? Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States In this District, or has no principal place of busleess or assets In the United States bat is a defendant In an action or proceeding [m a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought in this District Certification by a Debtor Who Resides as a Tenant of Raddeedal Property (Check all applicable boxes) p Landlord has a judgment against the debtor for possession of debtor's residence. Of box checked, complete the following.) (dame of landlord that obtained judgment) (Address of landlord) I] Debtor claims that under applicable aonbaWouptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary detkult that gave rise to the judgment for possession, alter die judgment for possession was entered, and O Debtor bas Included In this petition the deposit with the court of trey rent that would become due dewing the 30-day period after the filing of the petition. 0 Debtor certifles that he/she has served the Landlord with this certification. (11 U.S.C.1362(1)). (Voluntary Petltlon I Main Flying J Inc. ofDowKs): (77ds pose must be committed ardAGd in svwv case) Signature(s) of Debtor(s) (ladividuallJoint) I declare under penally of perjury that the information provided in this pion Is true and correar. Irpatkioner Is an Individual whose debts m primarily consumer dotter and has deeen b Me undo chapter 7) 1 am aware that 1 may proceed undo adnopler 7,11 err l3 oh l 1, Untied Stafee Code, urnderused the rdW v?e?e dnpmr, are) droeee to proInd seder dnpter 7. (!f ao atbmay stpraanb m surd no bankruptcy petition prolow than fin peddmj I ham bu and lead $a notice required by 11 U.S.C. 2(b, 1 mquat relief in accordance with the chapter of title 11, United Sums Code, specified in this petition. Signature of a Forelp Represoetadve 1 docket ureter porky of perjury dot de irdhrmatioe provided In aids pet do is true and co ec; that i em the pomp mpowneathe of a debtor In a fors pmcwdipg, tad that I am wderized to Me this petition. (Chock only ere but.) 211 request mWin mace wilt chapter 15 orddt l 1. Udud Saks Cede. Canifiad topics ofthe documents required by 1 I U.S.C.11515 am zllac!"A p Putsutnt to 11 U.S.C.; tSi 1,1 mgvw mibf in aownk m whh dm dupmr of tide l l spedfiedins aids petkiaL A atNlisd copy efthe orderpaMbK recognition orthe foreign main pmoeeding Is awwoms, X Sigature of Debtor X Sigature of Joint Debtor Telephone Number (if not represented by attorney) Date X Young Conaway Stergatt & Taylor LLP Phan Name 1000 Wild l1brret, 17th Floor WMftton, DE 191101 Address X Signature of Foreign Representative Printed Name of Foreign Representative Date Signature of Non-Attorney Baekre" Pedtisa Preparer I declare under penalty of perpry, dot: (1) 1 am a benimrpicy petition preptrv we defined In I I UU.S.C. ii 110; (2) 1 prepated ddt document for compensation provided tlo debtor with aeapy ofd* document mod the radars and la brmttioa required under I 1 U.S.C. It 110(b l 10(h), are) 342(bX tad, (3) Urues or guidelines ham been p?totd pumnot 1011 U.S.C. I 1 IG(b) setting It rnmdmua the for services chargeable by baduvpey petition pmp fam I have Sim do debtor notice of dm modwa et tmohaa before preps riag any document ror Sung for t Omer FowaWft?dfrom rho debtor, at mqui ed in thin section. 19 Is Printed Name and title, if any, of Bankruptcy Paddon Prepwar t olllc ie not Social4ccurity number ale %e Social ploperst an indvidank Security tesunber of the olftcer, principal, naponsible paann or ofthe bankruptcy petition prepmer.XRequired by I I US.1, 10.) 302.67148800 Telephone Number Decor aber 22- 2008 Daps 'In a cure in which 0 707(bX4XD) applies, aids signarm also eonttltun a emir oodon char the attemay loo no knowledge after an inquiry the do inlometian in de schedules is incorrect Address X Date I dadurs under penalty of perjury that the lafbrmedon provided In this petition is the and correct, and that l have been authorized to life aids petition on behdrorthe debtor. The debar re* us rellef its accordance with the chapter of title 11. Unkd ? Saks Code, specified in this petition. 'OfAtilhathed Individual JP hillip Adams Printed Nance of Au whrod Individual Provident and Chief Executive Officer Title ofAulwrized Individual December 22, 2008 Sip On of BL*nggey Petition Proposer or olncer, priadpai, responsible person or prom whose Social Security number, is provided slave. Nam rod Social-Soc rid manbers ora other ho"oeb who p vow or sodded in pre{erins this document unlow the bankruptcy pedharr prePtowr is not on individual: If mom than on purer papered this document, lamb addkio w shops conforming to the appropriate official fbrm far Inch person. A beatruprypwtaam Y ere sun snag wWi ebr pwtHare of 1(111110W Li 1240) al aeFrtptlry lhoctdbr Nq remit in Jose or brw1mowem or both 1 U.SG S 10; 18 USC Ind. Daps Schedule 1 Pending Banknmtcy Cases Filed by the Debtor and Affiliates of the Debtor On the date hereof, each of the affiliated entities listed above (including the debtor in this chapter 11 case) filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code in the United States Bankruptcy Court for the District of Delaware (the "Court"). A motion will be filed with the Court requesting that the chapter II cases of these entities be consolidated for procedural purposes only and jointly administered. • Big West of California, LLC • Big West Oil, LLC • Big West Transportation, LLC • Flying J Inc. • Longhorn Partners Pipeline, L.P. • Longhorn Pipeline Holdings, LLC • Longhorn Pipeline, Inc. IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) Chapter 11 FLYING J INC. ) Case No. 08- (_} Debtor. ) Joint Administration Requested LIST OF EQUIITY SECURITY HOLDERS This list serves as the Debtor's disclosure pursuant to Rule 1007(ax3) of the Federal Rules of Bankruptcy Procedure. Flying J Inc. Adams, J Phillip and Fredee 105 0.000090% Flying J Inc. Adamson, Mark 231 0.000276 Flying J Inc. Allan, Ready k Heidi 10 0.000009 Flying J Inc. Atkinson, Zane 625 0.000534 Flying J Inc. Baker, James A. 4,550 0.003890 Flying J inc. Birch, John 956 0.000817 Flying J Inc. Blakeslee, Alan 570 0.000487 Flying J Inc. Bobman, Daniel 33 0.000028 Flying J Inc. Bolt, LeAnn 35 0.000030 Flying J Inc. Brady, Rodney H. and Carolyn H. 1,000 0.000855 Flying J Inc. Brown, Paul F. 825 0.000705 Flying J Inc, Burgon, Barre G. 483 0.000413 Flying J Inc. Calls Investment Co Ltd 147,839 0.126406 Flying J Inc. Call, Tams C. (34,909 ESOP Sbares 52,003 0.044465 Flying J Inc. Barre Burgon Trustee of Tamara C. Call Marital Trust 21,824 0.018660 Flying J Inc. Call, Thad 25,523 0.021823 Flying J Inc. Thad J Call Trustee of O Jay Call Trust FBO Thad J Call 20,521 0.017546 Flying J Inc. Thads Investment Co LLC 350,416 0.299614 Flying J Inc. Cbrisdan, Charlene (ESOP Shares) IRA 365 0.000312 Flying J Inc. Clayson, Scott 350 0.000299 Flying J Inc. Coppieters, Jason 150 0.000128 Flying J Inc. Heather B. Dailey & Graham A. Dailey TTEE 150 0.000128 Flying J Inc. Daffern, Nancy (ESOP) 100 0.000086 Flying J Inc. Dalla, Brett 400 0.000342 Flying J Inc. DeJuncker, Ronald 1,333 0.001140 Flying J Inc. Je rry Beckman, at ai, Trustee, FJ ESOP 104,879 0.088674 Flying J Inc. Farnsworth, Kevin 601 0.000514 Flying J Inc. Foy, Rick 529 0.000452 Flying J Inc. Gailliot, Tom 250 0.000214 Flying J Inc. Garner, Rob ESOP 5 0.000004 Flying J Inc. Ilene K. Germer Family Living Trust Established 515/2000 2,715 0.002321 Flying J Inc. Germer, Kati R. - ESOP Originated 1,786 0.001527 Flying J Inc. Germer, Kimberly K. - ESOP Ori atod 1,786 O.Q01527 Flying J Inc. Germer, Kyle M. - ESOP Ori inatsd 2,084 0.001782 Flying J Inc. Germer, Ronald K. and Bonnie S. JT TEN 630 0.000539 Flying J Inc. Gmenbalgh, Kirk 157 0.000134 Flying J Inc. Gessel, Clerk 425 0.000363 Flying J Inc. Harris, Gary 30 0.000026 Flying J inc. Hilhun, John 150 0.000128 Flying J inc. Hochstatter, Sally 9 0.000008 Flying J Inc. Hunter, Robyn and Colby 157 0.000134 Flying J Inc. Inkley, Robert L. da Alyssa D. 60 0.000051 Flying J Inc. Jenkins, Marty 680 0.000581 Flying J Inc. Jones, Ted 11000 0.000855 Flying J Inc. Kattelman, Michael 120 0.000103 Flying J Inc. Kelley, Karl 40 0.000034 Flying J Inc. Kline, Danny 250 0.000214 Flying J Inc. Lortz, Andre 150 0.000128 Flying J Inc. Moggelet Crystal 25,523 0.021823 Flying J Inc. Crystal Cali Maggelet Trustee of the O Jay Call Trust FBO Crystal can M cleft 22,258 0.019031 Flying J Inc. Crystal Accumulation LLC 350,416 0.299614 Flying J Inc. Mahuy Chris 390 0.000333 Flying J Inc, McCall Bron 60 0.000051 Flying J Inc. Midammon, Gerry (500 ESOP Shams 3,700 0.003164 Flying J Inc. McMillan, Scott G. and/or Cynthia McMillan 199 0.000170 Flying J Inc. Oldham, Troy 106 0.000091 Flying J Inc. Oyler, Dean (500 ESOP Shares) 510 0.000436 Flying J Inc. Parker, Ronald (5,703 ESOP 7,203 0.006159 Flying J Inc. Parker, Virginia 600 0.000513 Flying J Inc. Peterson, Ellis & Gretchen 80 0.000068 Flying J Inc. Peterson, Jon 55 0.000047 Flying J Inc. Peterson, Richard and Dixie 4,247 0.003631 Flying J Inc. Pineda, Jeremiah 35 0.000030 Flying J Inc. Plant, Randy 200 0.000171 Flying J Inc. Poulson, Lynn 75 0.000064 Flying J Inc. Rognon, Donald and Christine 252 0.000215 Flying J Inc. Rognon, Donald (ESOP) 960 0.000821 Flying J Inc. Sarlo, Jade (Trust) 150 0.000128 Flying J Inc. Singh, Jagjit 1,000 0.000855 Flying J Inc. Stanger, Chris 750 0.000641 Flying J Inc. Tolbert, Sandy (ESOP) 4 0.000003 Flying J Inc. Van UiteM Gordon (ESOP) 41 0.000035 FlyingJ Inc. Vincent, Scott 500 0.000428 Flying J Inc. Whitecar, Richard 750 0.000641 Flying J Inc. Winn, Gerald (ESOP) 30 0.000026 Flying J Inc. Wilson, Jim 202 0.000173 Flying J Inc. Total Issued and Outstanding 1,169,559 1.000000 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) FLYING J INC. ) Debtor. ) Chapter I I Case No. 08- U Joint Administration Requested nFCLARATION UNDER PENALTY OF PERJURY I, J Phillip Adams, the undersigned authorized officer of Flying J Inc., named as the debtor in this case, declare under penalty of perjury that I have read the foregoing list of equity security holders and that it is true and correct to the best of my information and belief. Dated: December 22, 2008 / Phillip Adamir Chief Executive Officer and President of Flying J Inc. IN THE UN I[TED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: FLYING J INC., gA a-,J-.,i Debtors. Chapter 11 Case No. 08- L) Joint Administration Pending CONSOLIDATED LIST OF CREDITORS HOLDING THE 30 LARGEST UNSECURED CLAIIVIS The above-captioned debtors and debtors in possession (collectively, the "Debtors") each filed a voluntary petition for relief under chapter 11 ofthe Bankruptcy Code, I I U.S.C. §§ 101-1532. The following is the consolidated list of the Debtors' creditors holding the 30 largest unsecured claims (the "Consolidated L) based on the Debtors' books and records as of approximately December 21, 2008. The Consolidated List is prepared in accordance with Rule 1007(d) of the Federal Rules of Bankruptcy Procedure for filing in these chapter I 1 cases. The Consolidated List does not include (1) persons who come within the definition of "insider" set forth in 11 U.S.C. § 101(31) or (2) secured creditors, unless the value of the collateral is such that the unsecured deficiency places the creditor among the holders of the 30 largest unsecured claims on a consolidated basis. None of these creditors are minor children. The information contained herein shall neither constitute an admission of liability by, nor is it binding on, the Debtors. The information herein, including the failure of the Debtors to list any claim as contingent, unliquidated or disputed, does not constitute a waiver of the Debtors' right to contest the validity, priority or amount of any claim? 1 The Debtors in time chapter 1 l cases, along with the last four digits of each Debtor's federal tax identification number, are: Flying J Inc. (3458); Big West of California, LLC (1608), Big West Oil, LLC (6982); Big West Transportation, LLC (1056); Longhorn Partners Pipeline, L.P. (0554); Longhorn Pipeline Holdings, LLC (0226), Longhorn Pipeline Inc, (0654). The location ofthe Debtors' corporate headquarters and the service address for all Debtors is: 1104 Country Hills Drive, Ogden, UT 84403. : A portion of the Debtors' trade payables retloct the purchase of petroleum products. Certain petroleum products suppliers may be protected by state "first purchaser" statutes (such as those in Texas and Oltlahoma). As a result, curtain suppliers may have an automatically perfected security interest in the oil or gas sold to the Debtors (or the identifable proceeds thereof) to secure the Debtors' obiigadons. Consequently, the Debtors reserve the right to amend the Consolidated List of Creditors Holding the 30 Largest Unsecured Claims. ME 131MOLI .T s„ zim Bank BaakLoea ,617, 3! PAW Lash Carter Retail Lan C7e4er 2460 Sotdb 3270 West 2460 South 3270 West West Valley City, UT 94119 West Valley City, Ur 84119 (SDI) 944-0100 (7) 801- 844-5100 (F) C:oaoaoo Philips Company Cwwnoo Phil Company Trade Debt Clahrl maybe 569,417,149.65 600 N. Dairy Ashlbrd Rd 600 X Dairy Ashlbrd Rd disputed or ad off Houston, TX 77079 Houston, TX 77079 M 91 8-661-5746 (F) Berry Pa Company Berry Paaolom Compsny Trade Debt $26,069,70930 1999 Broadway 1999 Broadway Sufis 3700 Suite 3700 Demrcr, CO SM02 Denver, CO BM02 M. 303499-4400 Hornlon RerWne, L.P. Houston Reflnbtg, L.P. Trade Debt 519,137,323.16 12000 Lavrodsle St. 12000 Lawnsdde St. Houston, TX 77017 Houston, TX 77017 (7):713-652-7200 (F3: BP & ON Co. BP a on Co. TtWg Debt Claim my S17,457,49934 P.Q BOX 101998 P.O. BOX 101999 disputed or set off Atlants, OA 30392 Agents, OA 30392 (r) 281-675-5752 (P): SO Treft (US) Compeoy Shd1 Trod nS (US) CMMMY Trade Da C1 m raay be 11,979,627.97 910 Lauisisos Street 910 Lou(s(arrs Strew disputed or ad off One Shit) Plan One Shen Plaza Houston, TX 772S2a463 Houston, TX 77252.7463 M; 713-230.7598 (F): Plains Mubtb% L.P. Plains M g, L.P. Trade Debt $11254,10932 333 Clay Strew 333 Clay Streal Suite 1600 Suite 1600 Houston, TX 77002 Houston, TX 77002 (7): 713-646.4100 M: Valero Makeft & Sopply V t g a Supply Trade Debt Claim may be 10,156,99037 out Vslem Way One Valero gray disputed or set off San Antonio, TX 78249-1112 San Antonio, TX 78249-1112 (7): 210-345.7000 (4 Marathon Oil Company W;Won CHI Company Trade Debt S 10,121,93864 555 Sur Fall" Rod 555 San Felipe Road Houston, TX 77056 TM Houston, TX 77056-2723 (T)713.629.6600 M Kea narrsat A l• Kock Roftk* Kook T 12611 9011 ]olmy Morris Rod 9011 Jabmy Mortis Rod Austin, TX 76724 Austin. TX 78724 (T): (F): Ocampow B.V Marketing Occidental Energy Ma"Ing Trade Debt S 4,896 760.99 5 Greemam Plus 5 Gmenwsy Pfau Suite 7400 Suite 2400 Houum.TX77017 Houston, TX 77017 (IT. 713-215-7000 (F]: Motive Entetprlees.11C Motive Enampriver. LL Trade Debt 54,568,645.72 700 Milmr Street 700 Milatn Street Houston, TX 770M Houston, TX 77002 (7):713-277-8000 (F)., Encw Medteting (USA) Erma Mukeft (USA) Trade Debt $4,423.782M 37017th St, Suite 1700 37017th SL, Suite 1700 Denver. C0. MM Deaver, CD. OM (TY 877 386.2200 (IFY ExxonMobb Fads Ma lcating Bxxonh"ll Fuels Maketing Trade Debt $4,111.097.09 5959 Las Colinas Blvd. 5959 Las Collne Blvd. Irving, TX 75039-2298 Irving, TX 750392298 (T): 972.144-1000 (F? Brad Hall & Associates Brad Hall Associates Trade Debt 54,050,100.77 21110 Sunaybrook Lane 2840 Sumrybrook Lane ldalm Falls, ID 83404-7475 Idaho M. ID 83404-7475 (n: 20&5233582 (F): Murphy ON USA, Inc. Murphy Oil USA, Inc. Trade Debt Claim may be ,164.17 200 Pasch Street 200 Peach Street disputed or set off Eldomkk AR 71730 Eldorado, AR 71730 (T):870-862.6411 M: PG & E FO & B Truk Dsbt 772414.11 Out Maker Spear Tower One Market Spear Tower Suite 2400 Sane 2100 San Francisco, CA 94105-1126 Sim Francisco. CA 94105-1126 (1): 415-267-7000 (F): Sun company, Inc. San Company, Inc. Trade Debt S3AX751.88 Department 78096 Depertment78096 P.O. Box 77000 P.O. Box 77000 MMILM148278-0096 Dotrolt,M14M78.W96 M: (17): Equilon Enterprise Bqupmr enterprise Trade Debt .317 .6S 910 Lauishaa Strew 910 Loubhna Shat Houston, TX 77002-4916 Houston, TX 77002.4916 (T): 713.241.6161 (F). ttkr UrtUt6.t d1F" Baerra LLC Blnerna I.LC Debt 156,103 1410.17tb Shack 1410-171h Street Deaver, CO 80202 Denver CO 80202 (T): 303327.7677 (FY BAB Rumm nt Corp. B&B Remotucas Management Corp. Trade Debt 33, 614.53 34740 Metal Avenue 34740 Merced Avenue Bakarsficld, CA 93308 Bakersfield, CA 93308 (n 661-392-7575 (F): Sam Resources Copxadm Same Resourm Caporatba Trade Debt m may $3,032,764.76 1201 Louiam Strad 1201 Louisiana Street disputed or set off Suite 400 Suite 400 Houston, TX 77002 Houston, TX 77002 (7): 713-6542600 (F): Frodlor I # Rafirk O k Refining Trade Debt 71 , 31.12 I ODD Memorial Drive 1000 Manorial Drive S011 9600 Sack 600 Houston, TX 77024-3411 HOvidw, TX 77024-3411 (t): 713-US-9600 (F): Two Pdrokam Corporation Tesoro Petmknarn Cotpars0on Trade Debt Clam racy be 32,7Wy1 BSI 300 Concord Plan Drive 300 Coaeord Plan Drive disputed or act off San Antonio, TX 78216 San Antonio, TX 78216 M: 800.837-6762 (F): San Joaquin Refining, Co. Son Joaquin Refining, Co. Trs a Debt 3129 Standard SuceL 3129 Slaadard Street, Bakersfield, CA 9OD84-0761 Bakersfield, CA 911084.0761 (7): 661.3274257 n Center Mwksting Sea Joaquin Regaing, Co. Trade t S2,43903.311 600 Mason Ridge Center Drive 3129 Standard amet St. Louis, MO 63141-SSS7 BakerdicK CA 9M.0761 (7) 314.682-3500 (F): Mobil Oil Corporodou Mobil Oil Corporaion Trade Debt claim m1w 5999 W Colima Blvd. 5959 Las Colin Blvd. disputed or setoff lrvtng, TX 75039-2298 Irving, TX 75039-2291; (7} 972444-1000 Equianr Chemicals, L. P. BqubtarChern . L.P. Trade Debt 32,32:1. .41 1221 McKkmey Sweet 1221 McKIPM Strad Houdm, TX 77010 Houston, TX 77010 M. 70452-7200 (FY KimV Ma tang Kirmily Marketing Trade Debl .706.20 1260 Lam Boulevard 1260 Wee Boulevard Su11e225 Sub 725 Davis, CA 93616 ]Davis, CA 95616 M:530-750-3017 (F): kka 17rtaw X" nmKe.1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) Chapter I I FLYING J INC., et 1 t ) Case No. 08- (_) Debtors. ) Joint Administration Requested DECLARATION CONCERNING CONSOLIDATED LIST OF CREDITORS HOLDING THE 30 LARGEST UNSECURED CLAIMS I, J Phillip Adams, President and Chief Executive Officer, of Flying J Inc., declare wader penalty of perjury that I have reviewed the Consolidated List of Creditors Holding the 30 Largest . Unsecured Claims and that the information contained therein is true and correct to the best of my information and belief. Dated: December 22, 2008 , ' ee??[Esr..iG hillip Adams President and Chief Executive Officer of Flying J Inc.. The Debtors in these chapter 11 cases, along with the lest four digits of each Debtor's federal tax identiflcetion number, are: Flying J Inc. (34511); Big Weal of California, LLC (1608). Big West Oil, LLC (6982); Big West Transportation, LLC (1056); Longhorn Partners Pipeline, L.P. (0554); Longhorn Pipeline Holdings, LLC (0226). Longhorn Pipeline Inc. (0654). The location of the Debtors' corporate headquarters and the service address for all Debtors N: 1104 Country Hills Drive, Ogden, UT 84403. Uri 1"001M RESOLUTIONS OF THE BOARD OF DIRECTORS OF FIYM J INC. 1. Effective as of this 22nd day of December 2008, the members constituting a majority of the votes of a quorum of the board of directors (the'$oard of Dire=") of Flying J Inc., a Utah corporation (the " oC moanv'J, took the following actions and adopted the following resolutions: WHEREAS, the Board of Directors consulted with the management. and the advisors of the Company and regarding the liabilities and liquidity situation of the Company, the strategic alternatives available to it and the impact of the-foregoing on the Company's businesses; and WHEREAS, the Board of Directors has had the opportunity to fully consider each of the strategic alternatives available to the Company. 1. Voluntary Petition Under the Provisions of Chanter 11 of the United States Bankruntcv Code NOW, THEREFORE, BE IT RESOLVED, that in the judgment of the Board of Directors of the Company, it is desirable and in the best interests of the Company, its creditors and other parties in interest, that the Company file or cause to be filed a voluntary petition for relief under the provisions of chapter 11 of title 11 of the United States Code (the "BankmW&I Code"); and be it FURTHER RESOLVED, that the officers of the Company (collectively, the "Authorized Officers"), acting alone or with one or more other Authorized Officers be, and they hereby are, authorized and empowered to execute and file on behalf of the Company all petitions, schedules, lists and other motions, papers or documents, and to take any and all action that they deem necessary or proper to obtain such relief, including, without limitation, any action necessary to maintain the ordinary course operation of the Company's business; and be it FURTHER RESOLVED, that the Authorized Officers be, and they hereby are, authorized and directed to employ the law firm of Kirkland & Ellis LLP as general restructuring counsel to represent and assist the Company in carrying out its duties under the Bankruptcy Code, and to take any and all actions to advance the Company's rights and obligations, including filing any pleadings; and in connection therewith, the Authorized Officers are hereby authorized and directed to execute appropriate retention dents, pay appropriate retainers prior to and immediately upon filing of the chapter 11 case and cause to be filed an appropriate application for authority to retain the services of Kirkland & Ellis LLP; and be it FURTHER RESOLVED, that the Authorized Officers be, and they hereby are, authorized and directed to employ the law firm of Young Conaway Stargatt & Taylor, LLP, as Delaware restructuring counsel and conflicts counsel to represent and assist the Company in carrying out its duties under the Bankruptcy Code, and to take any and all actions to advance the Company's rights and obligations, including filing any pleadings; and in connection therewith, the Authorized Officers are hereby authorized and directed to execute appropriate - retention agreements, pay appropriate retainers prior to and immediately upon filing of the chapter 11 case and cause to be filed an appropriate application for authority to retain the services of Young Conaway Stargatt & Taylor, LLP; and be it FURTHER RESOLVED, that the Authorized Officers be, and they hereby are, authorized and directed to employ the firm of The Blackstone Group L.P., as financial advisor to represent and assist the Company in carrying out its duties under the Bankruptcy Code, and to take any and all actions to advance the Company's rights and obligations; and in connection therewith, the Authorized Officers are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to and immediately upon filing of the chapter 11 case and cause to be filed an appropriate application for authority to retain the services of The Blackstone Group L.P.; and be it FURTHER RESOLVED, that the Authorized Officers be, and they hereby are, authorized and directed to employ the firm of Epiq Banlauptcy Solutions, LLC as notice, claims and balloting agent to represent and assist the Company in carrying out its duties under the Bankruptcy Code, and to take any and all actions to advance the Company's rights and obligations; and in connection therewith, the Authorized Officers are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to and immediately upon filing of the chapter 11 case and cause to be filed an appropriate application for authority to retain the services of Epiq Bankruptcy Solutions, LLC; and be it FURTHER RESOLVED, that the Authorized Officers be, and they hereby are, authorized and directed to employ any other professionals to assist the Company in carrying out its duties under the Bankruptcy Code; and in connection therewith, the Authorized Officers are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to or immediately upon the filing of the chapter 11 case and cause to be filed an appropriate application for authority to retain the services of any other professionals as necessary; and be it FURTHER RESOLVED, that the Authorized Officers of the Company, acting alone or with one or more other Authorized Officers as the sole member ("Sole MembeeD. of Big West Oil, LLC, a Utah limited liability company (the "Affil isle"), hereby are, authorized and empowered to execute and file on behalf of the Affiliate all petitions, schedules, lists and other motions, papers or documents, and to take any and all action that they deem necessary or proper to obtain such relief, including, without limitation, any action necessary to maintain the ordinary course operation of the Affiliate's businesses. H. Cash Collateral Anuyement NOW, THEREFORE, BE IT RESOLVED, that in connection with the commencement of the chapter 11 case by the Company, any Authorized Officer be, and hereby is, authorized, empowered and directed to negotiate, execute and deliver agreements for the use of cash collateral in connection with the Company's chapter l l case, which agreement may require the Company to grant liens and pay interest to the Company's existing lender or lenders, and to take such additional action and to execute and deliver each other agreement, instrument or document to be executed and delivered by or on behalf of the Company pursuant thereto or in connection therewith, all with such changes therein and additions thereto as any Authorized Officer approves, such approval to be conclusively evidenced by the taking of such action or by the execution and delivery thereof. M. Further Actions and Prior Actions NOW, THEREFORE, BE IT RESOLVED that in addition to the specific authorizations heretofore conferred upon the Authorized Officers, each of the officers of the Company or their designees shall be, and each of them, acting alone, hereby is, authorized, directed and empowered, in the name of, and on behalf of, the Company, to take or cause to be taken any and all such further actions, to execute and deliver any and all such agreements, certificates, instruments and other documents and to pay all expenses, including filing fees, in each can as in such officer or officers' judgment shall be necessary or desirable to fully carry out the intent and accomplish the purposes of the resolutions adopted herein; and be it FURTHER RESOLVED, that J Phillip Adams, President and Chief Executive Officer of the Company be, and hereby is, authorized to execute documents on the Company's behalf with respect to it being the sole member olMember'), directly or indirectly, of Big West Oil LLC, Big West of California, LLC and Big West Transportation, LLC; and be it FURTHER RESOLVED, that the Authorized Officers be, and each hereby is, authorized to execute documents on the Company's behalf, and be it FURTHER RESOLVED, that all acts, actions and transactions relating to the matters contemplated by the foregoing resolutions done in the name of and on behalf of the Company, which acts would have been approved by the foregoing resolutions except that such acts were taken before these resolutions were certified, are hereby in all respects approved and ratified. 4 CERTIFICATE The undersigned, James M. Dester, Corporate Secretary of Flying J Inc. (the "Come, a Utah corporation, hereby certifies as follows: 1. I am the duly qualified and elected Corporate Secretary and, as such, I am familiar with the facts herein certified and I am duly authorized to certify the same on behalf of the Company. 2. Attached hereto is a true, complete, and correct copy of the resolution of the board of directors of the Company (the "Board of 12 1, duly adopted at a properly convened meeting of the Board of Directors on December 21, 2008, by the members constituting.a majority of the votes of the quorum of the directors there present, in accordance with the bylaws of the Company. 3. Such resolution has not been amended, altered, annulled, rescinded or revoked and is in full force and effect as of the date hereof. There exists no other subsequent resolution of the Board of Directors relating to the matters set forth in the resolution attached hereto. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the 22nd day of December, 2008. By: J es M. Dester Title: oporate Secretary C") Pv CT, c, r - : - rr t _ tc 3 !~ t c-`f A -~M ~MA'~t- ~ c µ ~~~ vs Case No I ~ "~ . L ~ r~ t 1~~~ {<. ..~_ ,,`3 ~~,a c_. ° ' '"' Statement of Intention to Proceed ~~ `"' ~ cn ~ '""' -- ~ ~~ ~ ~ ~ ~ " , wry r To the Court: ~~ --~ ~~ .C E7 ...Q , intends to proceed with the above captio~iatte"it ~ ~ -r+ ~ ~` ~ ~' Print Name ~ t~ ~ ~ C}~ ~~j~}`,$ign N e -~~ -~" "-~-~. "" Date: Attorney for 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. I. 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 ".he 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 Ru1e230(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 showing 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 indep~enAde~ntl-y of termination under Rule 230.2. 1 ~ ~~ ~ ~ `' ~`~~ `~~ L~