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HomeMy WebLinkAbout09-1625SHIPLEY ENERGY COMPANY VS. Plaintiff TANJABAL, INC, t/d/b/a Fairfield Inn, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. DR- ILAE; ivtl Ierr?? : CIVIL ACTION 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 AN ATTORNEY AND FI8LING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMSX 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717249-3166 John J. Baranski, Jr., Esquire S. Ct. I.D. #82585 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 jbaranski@blakeyyost.com Attorneys for Plaintiff SHIPLEY ENERGY COMPANY vs. Plaintiff TANJABAL, INC, t/d/b/a Fairfield Inn, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2 --r TT_ CIVIL ACTION COMPLAINT AND NOW, come the Plaintiff, Shipley Energy Company, by their undersigned attorneys, Blakey, Yost, Bupp & Rausch, LLP, and files this Complaint against the Defendant, whereof the following is a statement: 1. Plaintiff Shipley Energy Company, is a Pennsylvania corporation with a principal address of 550 East King Street, York, Pennsylvania 17405. 2. Defendant Tanjabal, Inc., is a Pennsylvania business corporation, trading and doing business as FAIRFIELD INN, with an office at 624 North Front Street, Wormleysburg, PA 17043. U. Jurisdiction and Venue 3. Jurisdiction is proper over Defendant because the purchase of the goods which are the basis of the allegations against Defendant took place in the Commonwealth of Pennsylvania, and all 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. IV. Factual AlImflons 5. Plaintiff incorporates the allegations of its complaint set forth in Paragraph 1 through 4 above as if set forth herein in their entirety. 6. From June of 2008 through December of 2008, Plaintiffs delivered and Defendant Tanjabal, Inc., accepted natural gas deliveries to Defendant's hotel located in the Harrisburg area, pursuant to a natural gas agreement dated June 6, 2007 attached hereto as Exhibit A. 7. Defendant, Tanjabal Inc., was invoiced by Plaintiff for these natural gas deliveries on a monthly basis in conformity with Plaintiff's business practice. 8. Further, Plaintiff kept a running account of the monies due from Defendant, Tanjabal, Inc., and a copy of this account totaling Six Thousand, Five Hundred and Twenty Six and 03/100 ($6,526.03) Dollars is hereto attached as Exhibit B. 9. Defendant Tanjabal, Inc., did not refuse or reject any portion of Plaintiff's natural gas deliveries, nor ever indicate that there was any problem with the deliveries. 10. The prices plaintiff charged Defendant were the fair, for natural gas at the time it was delivered to Defendant and are the prices which Defendant agreed to pay Plaintiff for the deliveries. COUNT I - BREACH OF CONTRACT FOR FALURE TO PAY FOR NATURAL GAS 11. Plaintiffs incorporate by reference paragraphs 1 through 10 above, as if set forth herein in their entirety. 12. Defendants requested the natural gas deliveries from plaintiff and by accepting the deliveries, the parties had a valid and enforceable contract. 13. Defendants breached their respective contracts by failing to pay for the goods they contracted with Plaintiff for, which Plaintiff provided and which the Defendants accepted. 14. Although demand has been made, Defendant Tanjabal, Inc., has failed to pay all or any part of the sum of Six Thousand, Five Hundred and Twenty six and 03/100 ($6,526.03) Dollars demanded. 15. The amount claimed does not exceed the jurisdictional limit requiring arbitration in Dauphin County and a demand is hereby made for such arbitration. WHEREFORE, Plaintiff demands judgment against Defendant Tanjabal, Inc., in the amount of Six Thousand, Five Hundred and Twenty Six and 03/100 ($6,526.03) Dollars with interest, costs of suit, and any other relief this Court deems just and proper. COUNT H - UNJUST ENRICHMENT 16. Plaintiff incorporates by reference paragraphs 1 through 15 above, as if set forth herein in their entirety. 17. Plaintiff made natural gas deliveries to Defendants and as such, Plaintiff has conferred a benefit on Defendant. 18. Defendants accepted and realized a benefit when they accepted the natural gas deliveries. 19. Acceptance of the benefit by Defendants under such circumstances makes it inequitable for Defendants to retain the benefit without payment of value to Plaintiff. 20. The reasonable value of the benefit conferred by Plaintiff on Defendant Tanjabal, Inc. is Six Thousand, Five Hundred Twenty Six and 03/100 ($6,526.03) Dollars. 21. The amount claimed does not exceed the jurisdictional limit requiring arbitration in Dauphin County and a demand is hereby made for such arbitration. AND WHEREFORE, Plaintiff demands judgment against Defendant Tanjabal, Inc., in the amount of Six Thousand, Five Hundred and Twenty Six and 03/100 ($6,526.03) Dollars with interest, costs of suit, and any other relief this Court deems just and proper. Respectfully submitted, BLAKEY, YOST, BUPP & RAUSCH, LLP By: John J??ki, Jr., Esquire Suprea Ct. I.D. 82585 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Attorney for Plaintiff VERIFICATION I verify that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. SHIPLEY ENERGY COMPANY Date: Ct By: G? J 1- Bradley J. B on , Collections Manager 10 !?S/9S/29P_7 15:45 6107848991 CELEREN PAGE 16 APW& D taut IL, .-awn Lou ?. dc dyPrktted Oft C°"mo e ENERGY ¦ Q HI e?~'*Py?, ,Sent to 7" ' d -?=_? , W zk@?pnrC ,n o suestA.?a SM P17 6 PLEY NATURAL GAS SALU ster ups ? This agreemment for the supply and 4 ?°?Bned ? ?~" Energy Company, as -Sellern and Ti a nagemcrot of natural B r yrwe a nl bad be T/A Fairf ld I " 5e terms and nn as Buyer" on June 6, 2007 unMe-r r- oonditions listed below and the "Terms of Sale" document attactaed as Exhibit A. The mailing addresses and telephone numbers of the parties to this a reem t g en are as follows: SELLER: Shipley Energy Co. 550 E. King Street BUYER: Ta»jabal Inc T/A Fairfield Inn P.O. Box 946 175 Beacon Hill Blvd Yo*, PA 17405 New Cumberland, pA 1 `1 d-10 Phone (800) 839-1849 Fax (717) 854-9773 Sales Executive: Scott Waybrant Shipley Customer # TBD d . . tooant # 175 Beacon Hill Blvd / 213 103 023 1. ibions. The following definitions shall apply in this agreemet. `Contracted MongC is 1he fiom and to date as outlined in UGI's metier read ,schedule "Contract itv" means those daily or monthly volnroes set for& in the Terms of Sale document contained in this agreement, stated irr Mef (1,000 cubic feet). JMW MCMS the Ps from INthe?s Cry Point to the service atffity &Wrem ? s°°y t is responsble for deliver;rtg nil "P. artY" means either the Buyer or Seller contained in this" t. "Ter! o k" MMM the written notice of the speei fic terms of & nabnat delivery transaction contained in 1W3 agreement, including the Delivery Term, Purchase Vol aft ume Delivery Pipeline, Purchase Price per unit, Nature Of Transaction, and any Spy Spy ecial p Delivery poi„; applicable, which shall be set forth in Exhibit A. rovisions 2. Nat2e_ of Transaction. Unless otherwise stated in the "Te vis of sale docmn and deliver Primary Firm natural a" to the Del. ?• Seller a leesength to sell agreentettt unless buyer flails to ;meet its ?Y Point on behalfofBny er for the L of this payment obligations as set forth in Section 5, below. 3. Tereus and Conditions. Shipley Energy agrees to supply natural IisEed on Exhx'bit A and Tanjabal The T/A Fairfield Inn ? for the service address(es) service addresses from Shipley. The Shipley gas price agrees to guaranteed ?"b ? rt the ? requ " e this these agreement. The price of natural gas covered this entire s terra le applicable, or by agreement does not include state sales tax, if my other tax or utility based flee, wbuich may be instituted during the term of this agr,eerms fbr t, ley will notify Tanjabal he T/A Fairfield Inn in writing o f?, cages in the service or o£non-renewal at least 30 days prior to the end of this agreement. Taniabal Inc T/A Fairfield Inn may cancel this agreement by writtn notice to Shipley within 30 days of, the date of notification of the proposed changeL Tanjabal Inc T/A, Fair6etd Jean authorim S undMztands hiplOy' to Contact UGI and iitiate this service on my behalf. Tanjobal Inc T/A Fairfield OW Shipley will conduct a credit check prior to final approval of these ervic Inn Shipley. .A $1.40 per mouth administrative See will be item iple servces with ized on Shipley s Invoice. 1 of4 aS/P_SM07 15:45 6107848991 CELEREN PAGE 17 ?• ?i ? !M ¦ E1ERGY UGI NT ees? 4. Pricing. The Agreement Price Shan include all production-xelatEd costs tax gathering and es, and met f associated with the gas prim to the Delivery Point I an agreed upon price is not established or has Price". Variable pricing is market driven, dder ? the price will be at cShipley's onditio sMonthly Variable Customer by eurrcmt martoet conditions. securing Basis pricing may request Shipley to ;fix the nwntb(s), for all or a portion of the base quimtity; at the price NY Pr, ce for any future C M being traded Shipley will accept and corn bum cu$Wmce nil gas future contracts quantities requested by Custou m arc being ectxvely traded sthe p ce reg mss} and gas The Mure natural gas price must be lock?cd in four business days bested by the customer. of prior to the end of the month. If price is net locked in four business days prior to and the and ofinenth settle, 'off than the Price will be based on 5- scut. Late Gaps ,??4u8t?ension ofDojjypn;L Tan'a P$yment to Shipley Energy as invoic? Jbal Inc T/A Fairfield IM des to make Tanjabal Inc T/A Fairfield Inn ,s ' payment by check shall be made within, tea (10) days after brans#er shall be mane within ?? of Shipley's invoice and PaytnQnt by electronic fimek iransfio s by mail, electronic fourteen (14) daN of Shipleyxs invoice. Shipley may p Fairfield Lan shalt make mall, delivery service or facsimiae wales. Ta4abal Inc T/A following address: paymart to Shipley by Electronic Funds Transfer or by check to the PaYmerrt by cheek: Shipley EneW CDMDWY 550 E King Street P.O. Box 946 Voric, PA 17405 A late charge of 1.5% per =oath will be levied on All overdue amounts. Wer h tore de[Ocies of Ratural gas if any invoice is not paid by the doe date may impend of service by Shipley does not relieve Buyer of its obligations under this Such discontinuance agreement. Shipley's ni Fairfield Ian agrees to direct any questions or billing gas charges to Shipley Energy for resolution. Min,ft Changes unposed by UGI will be addressed to UGI's ua ADY Questions service billing digpv dqwftent Ta*bal Inc T/A Fairfield Inn ? that UGI will not terminate or in& g the delivery gas service as a result ofany dispute Tanjabal Inc T/A, Fairfield the of Ion has with Shipley Energy. 6. Metering .Rfahie buyer's metering status with the Local nislra'battion shalt be SK A moment and verified by Buyer prior to the not of delivery. BuYer is solely forth ii1 Exhibit for this responsible Seller of any change in meter status which occurs follO a listed in fear notifying inchrding but not liimited to, installation of a new following the Term Start date listed in Enlxibit A. e7dsdug meter, or reactivation of an exi ??, removal of an existing motor, deactivation of an sang meter. 7- Apapable Law. This agreement shall be govetned by the laws of the Commonweahix of Penn and shall exclude BOY couflicts of laws Principles that ?n, Sylvania another j`aWictlon. )Except as otherwise provided require the application of the law of Party with respect to actions or omissions tr,)fficd to this no l?ry shaft be liable to the adieu or consequential damages, in gre meat, or o6mwisaA. Tauj ant far any Five, exemplary abal T/A , to notify Shipley at least 30 days to advance if Tan'abal Inc TIA pair Incfield Inn nn plans tq laps tod Iov agrees Tanjabal Inc T/A Fairfield hm moves within UG119 service r move. If Fairfield Inn is permitted to participate in NT Rate Px f `?' ead Ta?abai Inc T/A Taajabal Inc T/A Fairfield Inn's new address. If this a of con will catinb ue at T/A Fairfield inn is responsible for paying Shipley egf'cement canmt continoc, Tan}en,l Inc address while for any gas delivered to arxyr out-getS service Tanjabel Inc T/A Fairfield Inn 9611 receives gas delivery at that address, but no longer than 30 days following the actual move. 2 of 4 ?6/95/2907 15:45 6107846991 CELEREN PAGE 18 Jr. MORAP'NWE ENERGY UOI NT 8• megt This agreement supersedes any prior agreements covering the same subject matter. 9. Force Ma?ieme, Seller agrees to sell and arrange cello Delivery Point except for rcesons of ponce of Volumes to Buyer Majemv at the Majevre" shall mean an ev For Purposes of Ws Agreement, "Force prevents, in whole or in the reasonable co?ahol of the nonpmfonming Party which part, the perfntmmzce of its obligations (other than PaMent obligations) hereunder and shall include, without limitation, act of God, fire, explosion, earthquake, labor dispute, action ofa ftod, Lgbming, re cnc g11ffid17 a8 Y or an interrn on of trap ??' of a? governmental authority or Disttibutiou Company, which is each terse, eacb SSo? ?ports?tieo. provider ro the Local Local Dislr?but on Company, to the extant the non , a transportagoa provider or the the exercise of due diligence. ?1pg P-M ---,I randy such cause by 10. bk Variativasin D¢liverX, Should a variation in delivery be transaction, that variation shall be outlined in l' Iubit A and acm of any variation shall be billed at contract price. volumes falling within said H. -excess Rees Fa?[ite_to Act voltmhes in excess 1?arhrbit of the Coact A and allowable variatian, if aPplicnble will be available Quantities set firth is Pipeline or Local Distribution Coen ifrequested by $uY?, subject to PAY Iimitatians, ifany, at &e imx of delivery. volumes re,? by 1* BOW will fftL Seller reserves the right to be pied b;d as Spot Pricing and any other ftm age the Buyer for the amount which applicable exceeds ribs spat price for each unit of =u ai gas that the the Contract price incurred by the seller. rya ails accept; plus any penalties 2. &wnfidential TXWW&,On. Buyer sad Seller agroc that feral in Exhibit are confidential ins term ofthis agreeax including those set A, DHh" and 88M govenoam?en# not to disclose the her=on of this agreement to any third party unless required for requir&ncnb. reporting, covert order, and/or gas tr'aroportWon Sella : Shipley Evergy Co. SilatuM Name: Matth maner $uyer_ Tanjobal Inc T/A pairfWd Ina W"WfWTO AS WON Or Name: "`.1 wf s. Title: Manager of Natural Gas bate: Sales Executive: Scott Waybrahtt Phone: 717-771-1828 Fax: 717-8549773 Email: ?swaybrantla?shiolevener>rv tom Title: Date: 3 of4 P6/0S/2097 15:45 6107848991 CELEREN PAGE 19 IM EWNY EDIT A - "TERMS OF SALE UGI TIT June 6, 2007 Shipley Energy Company -- w` 550 E. King Street Tardabal Inc T/A Fairfield Inn P.O. Box 946 175 Bcacon Hill Blvd Rork, 1 P'A A 17405 New Cumberland PA PERM START TERM END July 1, 2007 CACTPRICE Decemba 31, 2008 n,rm., .. - _ $11.56 per Mcf UGI City Gato 213 I03 5320 23 ` .z4 JVAi9LS V TBp CATION PRIMARY D>rLNBRY POINT CI 0 full Requrienncats As reqwrcd Norr4sily lyemcd "ECUL PROVESIONS: Initiation of Gas Delivery by Seller subject to Seller's credit C'ONTRAC'T' & QUANTITY (Mcf): approval of Buyer. July 2007 106 Aag 2007 131 Sept 200'7 158 Oct 20@7 114 Nov 2007 1.48 Dee 2007 97 Jan 2008 93 Feb 2008 122 Msr 2008 121 Apr 2008 108 May 2008 152 June 2008 145 .luly 2008 106 Aug 20@$ 131 Sapt 2008 1$'$ Oct 2008 114 Nov 2008 148 Dee 2008 97 This document is part of the a9m meat between %3w and Seller. Tttms used ia this document shell have the Meanings ascribed to them in the Agreament: Signature of this "Terms of Sale" doapmftt by the Pinion confirm that the terms stated c;p agar Parties hereto confirms all of the provisions listed Company by ikn%g ably reflect the agreement above, C (7X7) 8 by and returning an exerutal copy of this domment to Shipley at -9773. Energy Canlpaoy by 1heAOatile Each Person signing this document by his/her sigmtum acknowledges that hcVshc has the authority to entity lWsbe represents and intends the entity to be legally bound by the provision$ of this doomeent bead the Seller: Shi ley Energy Buyer: Taujabal Inc T/A, Fairfield Inn Signature: sign a#ur a4 + for ' tr?r Name: Matthew S cr +? ?,ar Narne: Title: Manager of Natural Gas Rate: Title: Date: 6-,6-o 4 of 4 Date: New UGI NT Checklist Customer Name: Sales Executive: Scott Waybrant 958 Mike Cramer ? 904 Steve Bridge 0 1357 Matt Sommer ? 771 Purchase R*guest Received: Credit Annroved Agreements Faxed to customer date; S c?•-Q Q& LOI Given to sales exec 0 date: Sinned .Cow ceived: 91/ Customer f eb?tered?nto uima [ (CnstS 1v option 10) Account Ne er. A"ss?gned: / o? 3y Verificatiow,KAccept:fr,0m I1GI WDn: l Update Master.:Salesman Listing: Q Account Set Lip in Rumbas Delivery'Point Description PCID # Set up [ b6Y Q 0 Dual 99 . Vendor Nih Code Cont act TAxabJe/Tax,exempt Contract Pri i Ent d r lr 6r r c ng ere 'Terms Correct? p? 06 y 0 EFT: YG if yes set up in Rumba: -$-• 1 EPP: Y4?9) if yes set up in Rumba. 0'" Email invoice: VN if yes set up in Rumba 98? Copy of Executed Agreement Scanned: p' Term of Sale Page copied for Sales Exec: Co of Executed Ajjreem?nt to Customer: Q/' Email. Fax: Mail: Copy of Agreement Filed in Master File: p' , ? ?s ki b' LQP493RS1 Open Item Display 12/05/08 08:52:51 OPEN ONLY Customer Number: 692309 Customer Status: LO Customer Name: TANJABAL INC T/A FAIRFI ELD INN Credit Status: Account Balance: 6,526.03 Credit Limit: 3,500 Last Payment Date: 7/10/08 Last S ale Date: 12/02/08 Payment Amount: Start: Mo nths: Type options, press Enter. 5=Display Details Menu Option: Opt Date Invoice Bill --- -------- ------- ----- Dollars R ------- emain Dollars DP Billing Id 12/02/08 606969 - 556.15 ------------- 556.15 -- -------- 01 NATURAL ------- GAS _ 11/25/08 1108 72.90 72.90 00 FINANCE _ 10/30/08 553881 725.25 725.25 01 NATURAL GAS _ 10/25/08 1008 61.16 61.16 00 FINANCE _ 10/01/08 515395 782.84 782.84 01 NATURAL GAS _ 9/25/08 908 46.16 46.16 00 FINANCE _ 9/02/08 483604 999.73 999.73 01 NATURAL GAS _ 8/25/08 808 31.61 31.61 00 FINANCE _ 8/01/08 457474 970.32 970.32 01 NATURAL GAS _ 7/25/08 708 12.40 12.40 00 FINANCE More... F3=Exit FS=Refresh F6=Show ALL Trans F12=Cancel LQP493RS1 Open Item Display 12/05/08 08:52:51 OPEN ONLY Customer Number: 692309 Customer Status: LO Customer Name: TANJABAL INC T/A FAIRFIELD INN Credit Status: Account Balance: 6,526.03 Credit Limit: 3,500 Last Payment Date: 7/10/08 Last Sale Date: 12/02/08 Payment Amount: Start: Months: Type options, press Enter. 5=Display Details Menu Option: Opt Date Invoice Bill Dollars Remain Dollars DP Billing Id --- -------- ------- ------------ -------------- -- --------------- 7/10/08 403858 129.89- 01 NAT GAS PYMT 7/09/08 437105 1,280.33 1,280.33 01 NATURAL GAS 6/25/08 608 30.34 30.34 00 FINANCE 6/03/08 403858 1,086.73 956.84 01 NATURAL GAS F3=Exit F5=Refresh F6=Show ALL Trans F12=Cancel Bottom -.l .o b C' HIM . ' i. _ _.. ill John J. Baranski, Jr., Esquire S. Ct. I.D. #82585 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 jbaranski@blakeyyost.com Attorneys for Plaintiff SHIPLEY ENERGY COMPANY VS. Plaintiff TANJABAL, INC, t/d/b/a Fairfield Inn, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-1625 CIVIL TERM CIVIL ACTION PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the attached Complaint in the above matter. BLAKEY, YOST, BUPP & RAUSCH, LLP Dated: k o 1. By: 4q J Baranski, Jr., Esquire t. I.D. #82585 17 East Market Street York, PA 17401 jaranski@blakeyyost.com Telephone (717) 845-3674 Fax No. (717) 854-7839 Attorney for Plaintiff nr 'f't? HE r{ 1 2039 JUIN 23 Pl, 2: E 1 1O.oo PQ ATr/ pr* ag-q o,74 Sheriffs Office of Cumberland County R Thomas Kline ~®«ttitr u~ ~umtirr~~~~ Edward L Schorpp Sheri Solicitor ~~ ~r~ . ~. Ronny RAnderson - ' '-` ~ Jody S Smith Chief Deputy ~~~~c€ ,~F '~'~ s~~rai~r Civil Process Sergeant Shipley Energy Company vs. Case Number Tanjabal, Inc. 2009-1625 SHERIFF'S RETURN OF SERVICE 06/29/2009 12:45 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Tanjabal, Inc., but was unable to locate them in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Tanjabal, Inc. Request for service at 624 North Front Street Wormleysburg, PA 17043 the defendant has never done business there. The deputy spoke to the office manager who advised the owner Balu Patel at 856-266-6728 and is doing business at 175 Beacon Hill Blvd. New Cumberland, PA which is located in York County. SHERIFF COST: $47.84 June 30, 2009 C"+ ~ f" C7 N w } _~ - ~ -: .x=- '~ C3 i `~` l 0T1iONOTp, v. vs TANJABAL, INC., t/d/b/a Fairfield Inn ?? 12 SEP -6 Pt! 2: U8 ase No. 09-1625 t) UNTY_ i EINNSYLVANIA Statement of Intention to Proceed To the Court: Plaintiff, Shipley Energy Company intends to proceed with t tioned matter. Print Name John J. Baranski, Jr. Sign Name Date: _9/412012 Attorney for Plaintiff 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." Ruke 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 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 independently of termination under Rule 230.2.