Pine Township Water Co. v. Felmont Oil Corp.

TAMILIA, Judge.

Pine Township Water Company appeals from the November 5, 1992 Order denying its petition to open the June 3, 1992 judgment of non pros entered as a consequence of its delay and lack of diligence in prosecuting the Township’s complaint in trespass against the appellees, Freemont Oil Company (Freemont), Consolidated Gas Supply Company (Consolidated) and Delta Drilling Company (Delta).

Appellant argues the defendants’ petition for non pros was precluded by Pa.R.J.A. 1901 1 which dictates, inter alia, a motion to terminate suit on the basis of inactivity shall be entered by the…