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HomeMy WebLinkAbout07-2307IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIPLEY ENERGY COMPANY, Plaintiff No. 611 -Z07 C vs. COAKLEY'S RESTAURANT AND PUB : INC., JURY TRIAL DEMANDED Defendant 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 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; Court Administrator 4th Floor, Cumberland County Court House Carlisle, PA 17013 Telephone (717) 240-6200 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. SI USTED DESEA DEFENDERSE DE LAS QUEJASEXPUESTAS EN LAS PAGINAS SIGUIENTES, DEBE TOMAR ACCION DENTRO DE VEINTE (20) DIAS A PARTIR DE LA FECHA EN QUE RECIBIO LA DAMANDA Y EL AVISO. USTED DEBE PRESENTAR COMPARECENCIA ESCRITA EN PERSONA OR POR ABOGADO Y PRESENTA EN LAW CORTE POR ESCRITO SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN SU CONTRA. SE LE AVISA QUE SI NO SE DEFIENDA, EL CASO PUEDE PROCEDER SIN USTED Y LA CORTE PUEDE DECIDIR EN SU CONTRA SIN MAS AVISO O NOTIFICACHON POR CUALQUIER DINERO RELCAMADO EN LA DEMANDA O POR CUALQUIER OTRO QUEJA O COMPENSACION RECLAMADOS POR EL DEMANDANTE. USTED PUEDE PERDER DINERO, O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TE E O NO CONOCE UN ABOGADO, VAYA O LLAME, A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Court House Carlisle, PA 17013 Telephone (717) 240-6200 Telephone (717) 854-8755 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIPLEY ENERGY COMPANY, Plaintiff VS. COAKLEY'S RESTAURANT AND PUB INC., Defendant No. a7 .? 307 0,,? -7Z.- JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Shipley Energy Company, and by its undersigned attorneys, Blakey, Yost, Bupp & Rausch, LLP, files this Complaint against the Defendant, Coakley's Restaurant and Pub, Inc., whereof the following is a statement: 1. Parties 1. Plaintiff, Shipley Energy Company, is a Pennsylvania corporation licensed to do business in and doing business in the Commonwealth of Pennsylvania under the name of Shipley Energy, with offices at 550 East King Street, York, Pennsylvania 17405- 0946. 2. Defendant, Coakley's Restaurant and Pub, Inc. is a Pennsylvania corporation licensed to do business in and doing business in the Commonwealth of Pennsylvania, with offices at 305 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3 II. Jurisdiction and Venue 3. Jurisdiction is proper over Defendant because the purchase of the natural gas which is the basis of the allegations against Defendant took place in the Commonwealth of Pennsylvania, and both parties are located in this Commonwealth. 4. Venue is proper in Cumberland County because the transaction at issue herein occurred in Cumberland County, and the cause of action arose in Cumberland County. III. Factual Allegations 5. Beginning March 2, 2006, and continuing through December 21, 2006 Defendant purchased natural gas for Plaintiff, which Plaintiff delivered to Defendant's place of business. 6. Defendant was invoiced by Plaintiff for the natural gas on a monthly basis in conformity with Plaintiff's business practice. 7. Further, Plaintiff kept a running account of the monies due from Defendant, and a copy of this account totaling Sixteen Thousand, Fifty-Nine and 12/100 ($16,059.12) Dollars is hereto attached as Exhibit A. 8. Defendant did not refuse or reject any portion of Plaintiff's natural gas deliveries, nor ever indicate that there was any problem with the deliveries. 9. The prices Plaintiff charged Defendant were the fair, reasonable and market prices for natural gas at the time it was delivered to Defendant and are the prices which Defendant agreed to pay. 4 COUNT I - BREACH OF CONTRACT 10. Plaintiff incorporates by reference paragraphs 1 through 9 above, as if set forth herein in their entirety. 11. Defendant requested the gas deliveries from Plaintiff and by accepting the deliveries, the parties had a valid and enforceable contract. 12. Defendant breached the contract by failing to pay for the goods and services it contracted with Plaintiff to provide and which the Defendant accepted. 13. Although demand has been made, Defendant has failed to pay all or any part of the sum of the Sixteen Thousand, Fifty-Nine and 12/100 ($16,059.12) Dollars demanded. 14. The amount claimed does not exceed the jurisdictional limit requiring arbitration in Cumberland County and a demand is hereby made for such arbitration. WHEREFORE, Plaintiff, Shipley Energy Company, demands judgment against Defendant, Coakley's Restaurant and Pub, Inc., in the amount of Sixteen Thousand, Fifty- nine and 12/100 ($16,059.12) Dollars, with interest from March 2, 2006, costs of suit, and any other relief this Court deems just and proper. COUNT II - IN THE ALTERNATIVE -UNJUST ENRICHMENT 15. Plaintiff incorporates by reference paragraphs 1 through 14 above, as if set forth herein in their entirety. 5 16. Plaintiff provided natural gas services to Defendant from March 2, 2006, and continuing through December 21, 2006 and as such, Plaintiff has conferred a benefit on Defendant. 17. Defendant accepted and realized a benefit when it accepted the natural gas service provided by Defendant. 18. Acceptance of the benefit by Defendant under such circumstances makes it inequitable for Defendant to retain the benefit without payment of value to Plaintiff. 19. The reasonable value of the benefit conferred by Plaintiff on Defendant is Sixteen Thousand, Fifty-nine and 12/100 ($16,059.12) Dollars. 20. The amount claimed does not exceed the jurisdictional limit requiring arbitration in Cumberland County and a demand is hereby made for such arbitration. WHEREFORE, Plaintiff, Shipley Energy Company, demands judgment against Defendant, Coakley's Restaurant and Pub, Inc., in the amount of Sixteen Thousand, Fifty- nine and 12/100 ($16,059.12) Dollars, with interest from March 2, 2006, costs of suit, and any other relief this Court deems just and proper. Respectfully submitted, BLAKEY, YOST, BUPP H, LLP By: Jelin J. aranski, Jr., Esquire S. Ct. I.D. #82585 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Attorneys for Plaintiff 6 APR-12-2007 THU 0::27 P11 SHIPLE7 EHERG7 FAX 110, 11 854 549; P. VERIFICATION I verify that the infom.,.ation set forth in the foregoing Complaint is true and correct to the best of my knowled ;e, information and belief. I understand that any false statements contained herein :,re subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to autho 7ties. SHIPLEY ENERGY COMPANY .,C&4 Q Date: BY: IG? Bradley J. B t 7 ,?, ?,4- APR-12-2007 THU 01:27 PM SHIPLEY ENERGY FAQ? 110, 1 717 854 5496 F. N LQE493RS1 Open item Display 4/12/07 13:09:10 OPEN CNLY customer Number: 666153 Customer Status: LI Customer Name: COAKLEY'S RESTAURANT Credit S 700 1 tatus: Account Balance: 16,C59.12 Credit Limit: 1 12/21/06 Last Payment Date: 9/26/06 Last S ale Date: Faya-ient Amount: Start: 5=Display Enter Mo Details nths: Menu Option: . Type options, press Opt Date Invoice Bill Dr_llars R ------------- - ------ emain Dollars -------- DP Billing id ` --- 6/25/06 ----606 27.98 27.9E 00 FINANCE - 4/28/06 895910 1,_7.81 1,93-J.81 01 NATURAL GAS _ 3/31/06 885860 1,129.2? 1,939.27 01 NATURAL GAS - 3/02/06 873304 2,565.83 2,585.83 01 NATURAL GAS Bottom F3=Exit FS=Refrash F6=Show KL Trans F12=Cancel APP.-12-2007 THU 01:27 PH SHIPLEY ENERGY FAX 110. 1 717 854 5496 F. 5 LQ9493RSI Open Item Display 4/12/07 13:09:10 OPEN CNLY Customer Number : 666153 Customer Status: LI Customer Name: COAKLEY'S RESTAURANT Credit S tatus: Account Balance : 16,059.12 Credit Limit: 1,700 Last Payment Da te: 9/26/06 Last S ale Date: 12/21/06 Payment Amount: i ress Start: 5=Display Enter Months: Details 14enu option: _ ons, Type opt p . Opt Date I nvoice Bill Dollars R ------------ - emain Dollars DP ------------- -- Billing -------- Id ------- --- -------- - 12/25/06 ------ 1206 195.70 195.70 00 FINANCE _ 12/21/06 991124 2,341.77 2,341.77 01 NATURAL GAS _ 11/25/06 1106 1E3.60 163.90 00 FINANCE _ 11/20/06 978822 2,126.58 2,126.58 01 NATURAL GAS _ 10/25/06 1006 -12.12 72.12 00 FINANCE _ 10/23/06 96694'? 1,394.65 1,394.65 01 NATURAL GAS _ 3/25/06 906 113.97 113.97 00 FINANCE _ 9122106 958287 1,956.78 1,956.78 01 NATURAL GAS _ 8/25/06 806 97.39 97.39 00 FINANCE _ 81123/06 947237 1,105.47 1,105.47 01 NATURAL GAS - . . Wore. F3=Exit F5=Refresh F6=Show ALL Trans F12=Cancel CZ? ZZ , 1`Z n N 0 ca Ln 0 n Fn v? r? ?r SOO SHERIFF'S RETURN - REGULAR CASE NO: 2007-023 7 P COMMONWEALTH OF P NNSYLVANIA: COUNTY OF CUMBER SHIPLEY ENERGY CO PANY VS COAKLEY'S RESTAU T AND PUB KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland Count ,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COAKLEY'S RESTA T AND PUB INC the DEFENDANT ,1 at 1956:00 HOURS, on the 23rd day of April , 2007 at 305 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to KAREN BLAZINA, ?ANAGER ADULT IN CHARGE a true and atte ted copy of COMPLAINT & NOTICE together with and at the samo time directing Her attention to the contents thereof. Sheriff's Cost Docketing Service Postage Surcharge gaelb ?] ? Sworn and Sub cibed to before me thi of 18.00 16.32 .39 10.00 44.71 day So Answers: f? R. Thomas Kline 04/24/2007 BLAKEY YOST BUPP & RAUSCH By. e /, / /? A. D. A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIPLEY ENERGY COMPANY, Plaintiff VS. COAKLEY'S RESTAURANT AND PUB INC., Defendant No. 2007-2307 JURY TRIAL DEMANDED PRAECIPE FOR JUDGMENT Enter judgment in favor of the Plaintiff, SHIPLEY ENERGY COMPANY, and against the Defendants, COAKLEY'S RESTAURANT AND PUB, INC., for failure to file an Affidavit of Defense. Assess damages as follows: Debt $15,388.16 Interest and Penalties 670.96 TOTAL $16,059.12 Plus costs and attorney's fees I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. Pursuant to Pa. R.C.P. 237, I certify that a copy of this Praecipe is being mailed to the Defendant. Pursuant to Pa. R.C.P. 237.1, I certify that written notice of the intention to file this Praecipe was mailed to the party against whom the judgment is to be entered after default occurred and at least ten days prior to the date of the filing of this Praecipe and a copy of the notice is attached. BLAKEY, YOST,-BU?,P,B?RAUSCH, LLP By: fohn J. Baranski, Jr., Esquire Supreme Ct. ID No. 82585 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS, YORK COUNTY, PENSYLVANIA SHIPLEY ENERGY COMPANY, NO. 2007-2307 Plaintiff Vs. CIVIL ACTION - LAW COAKLEY'S RESTAURANT AND PUB, INC. Defendant NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT TO: Coakley's Restaurant and Pub, Inc. 305 Bridge Street New Cumberland, PA 17070 DATE OF NOTICE: 5/22/0-) Il"ORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service of the York County Bar Association York County Bar Center 137 East Market Street York, Pennsylvania 17401 Telephone No. (717) 854-8755 Date: 5-X- 0? BLAKEY, YOST, BUPP RAUSCH, LLP By: i4ttPBaranski, Jr., Esquire Supreme Ct. Id. # 82585 17 East Market Street York, PA 17401 (717) 845-3674 e J ? IN THE COURT OF COMMON PLEAS, YORK COUNTY, PENSYLVANIA SHIPLEY ENERGY COMPANY, NO. 2007-2307 Plaintiff Vs. CIVIL ACTION - LAW COAKLEY'S RESTAURANT AND PUB, INC. Defendant CERTIFICATE OF SERVICE I hereby certify that on this 22 day of Mca 2007, a copy of the foregoing Notice of Intent to Take Default Judgment was servedy first class mail, postage prepaid on the following: Coakley's Restaurant and Pub, Inc. 305 Bridge Street New Cumberland, PA 17070 BLAKEY, YOST, BUPP & RAUSCH, LLP By: . hcx-A- Caur& W. Everhart, Paralegal IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHIPLEY ENERGY COMPANY, Plaintiff No. 2007-2307 VS. COAKLEY'S RESTAURANT AND PUB : INC., JURY TRIAL DEMANDED Defendant NOTICE OF FILING JUDGMENT (x) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $16,059.12 on (x) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. 3 Prothonotary Civil Div. By: If you have any questions regarding this Notice, please contact the filing party: NAME: John J. Baranski, Jr., Esquire ADDRESS: 17 East Market Street York, PA 17401 TELEPHONE NO.: (717) 845-3674 (This Notice is given in accordance with Pa.R.C.P. 236.) Notice sent to: NAME: Coakley's Restaurant and Pub, Inc. ADDRESS: 305 Bridge Street New Cumberland PA 17070 r--? C-7 --? oct D o? N IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION SHIPLEY ENERGY COMPANY, Confessed Judgment Plaintiff File No. 2007-2307 vs. Amount Due $ to,@9611t, / l•, VSQ•.. COAKLEY'S RESTAURANT Interest 362.46 AND PUB, INC. Defendant Costs 311.21 TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 to 1966 as amended; and for real property pursuant to Act 6 of 1974 a amended. ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER directed to the Sheriff of Cumberland County, Pennsylvania, for debt, interest and costs, upon the following described property of Defendant: All personal property of Coakley's Restaurant and Pub, Inc. located in and about the premises known and numbered as 305 and 307 Bridge Street, in the Borough of New Cumberland, Cumberland County, Pennsylvania. BLAKEY, YOST, BUPP & RAUSCH, LLP Dated: o aranski, Jr., Esquire S. Ct. I.D. #82585 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Attorneys for Plaintiff a A. w \^ x, ? r v ? do O? C 4`r! r r ?- ?._.~ e5 N ? M ro K 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2307 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SHIPLEY ENERGY COMPANY, Plaintiff (s) From COAKLEY'S RESTAURANT AND PUB, INC., 305 & 307 Bridge Street, New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of Coakley's Restaurant and Pub, Inc., located in and abaout the preminses known and numbered as 305 & 307 Bridge Street, in the Borough of New Cumberland, Cumberland County, Pennsylvania . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $16,059.12 Interest -- $362.46 Atty's Comm % Atty Paid $163.71 Plaintiff Paid Date: 11/15/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs $311.21 /3/ auki P', " rtis R. Long, Prothonota By: Deputy REQUESTING PARTY: Name JOHN J. BARANSKI, JR., ESQUIRE Address: BLAKEY, YOST, BUPP & RAUSCH, LLP 17 EAST MARKET STREET YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717-845-3674 Supreme Court ID No. 82585 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Bad Check Charge Postage TOTAL $ 18.00 321.19 .50 2.00 16.32 30.00 20.00 .82 408.83 ? 31.2 y f 08,, Pd by Defendant w c n So Answers; R. `T'homas E e, Sh ff Bv, Claudia A. Brewbaker c ?J G J r- v l V_ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2307 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SHIPLEY ENERGY COMPANY, Plaintiff (s) From COAKLEY'S RESTAURANT AND PUB, INC., 305 & 307 Bridge Street, New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of Coakley's Restaurant and Pub, Inc., located in and abaout the preminses known and numbered as 305 & 307 Bridge Street, in the Borough of New Cumberland, Cumberland County, Pennsylvania . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $16,059.12 Interest -- $362.46 Atty's Comm % Atty Paid $163.71 Plaintiff Paid Date: 11/15/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs $311.21 L44I C is . Long, Prothonotary By: Deputy REQUESTING PARTY: Name JOHN J. BARANSKI, JR., ESQUIRE Address: BLAKEY, YOST, BUPP & RAUSCH, LLP 17 EAST MARKET STREET YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717-845-3674 Supreme Court ID No. 82585 .4 '11r4, DISTRIBUTION ATTY FOR PLTFF: John Baranski WRIT NO. 2007- 2307 Civil Shipley Energy Company -vs- Coakley's Restaurant & Pub, Inc. Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 16,059.12 362.46 163.71 311.21 $ 16896.50 Sheriff s Costs: Docketing $ 18.00 Poundage 321.19 Posting Sale Bills Law Library .50 Prothonotary 2.00 Service 16.32 Postage Advertising Postpone Sale Bad Check Charge Surcharge 30.00 Garnishee .82 Levy 20.00 TOTAL $ 408.83 Defendant Paid to Sheriff Advance Costs Total Collected - DISTRIBUTION Pd. To Pltff. $ Refund of Adv. Costs Pd. To Prothonotary 16,896.50 150.00 2.50 $ 17;305.33 150.00 $ 17,455.33 So s rs: R. omas Khna, Sheriff By ?f?"- IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENSYLVANIA SHIPLEY ENERGY COMPANY, NO. 2007-2307 Plaintiff Vs. CIVIL ACTION - LAW COAKLEY'S RESTAURANT AND PUB, INC. : n o Defendant -r? it J PRAECIPE TO SETTLE AND SATISFY ? 00 _ m C_ W TO THE PROTHONOTARY: .4 Please mark the above case settled and satisfied. BLAKEY, YOST, BUPP & RAUSCH, LLP By John . i, Jr., Esquire 17 as arket Street PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Supreme Ct. I.D. No. 82585 E-mail: Jbaranski(aOlakevvost.com Attorney for Plaintiff