HomeMy WebLinkAbout99-2741 civilHINTON & ASSOCIATES, INC.,
Plaintiff
V,
NOR-CAR FEDERAL CREDIT
UNION,
Defendant
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
· CIVIL. ~ C'TION-I~ ~-', V~
·
·
· 99-2741 CIVIL
·
IN RE' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
BEFORE BAYLEY ,AND HESS. J.J.
ORDER
AND NOW, this 13'[lay of October, 1999, the defendant's preliminary objections
to plaintiff' s complaint are OVERRULED.
BY THE COURT,
Stephen N. Goudsouzian, Esquire
Attorney for Defendants
. Hess, J.
C. Lee Anderson, Esquire
Attorney for Plaintiff
HINTON 8,: ASSOCIATES, INC.,
Plaintiff
Vo
NOR-CAR FEDERAL CREDIT
UNION,
Defendant
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
99-2741 CIVIL
IN RE: PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
BEFORE BAYLEY AND HESS. J.J.
OPINION AND ORDER
This action was instituted by the plaintiff, Hinton & Associates, Inc. to recoup
payments due from the defendant, Nor-Car Federal Credit Union. Defendant has filed
preliminary objections to the plaintiff's complaint alleging that Cumberland County is
not the appropriate venue for adjudication of this case. Plaintiff, Hinton & Associates,
Inc., is a Pennsylvania corporation located in Carlisle, Cumberland County,
Pennsylvania. Defendant, Nor-Car Federal Credit Union, is a credit union located in
Northampton County, Pennsylvania. On February 8, 1999, plaintiff and defendant
entered into a written agreement. According to the agreement, plaintiff would provide
goods and services and install a computer network system for the defendant. Defendant
agreed to pay $35,709.00 for hardware and software, $7,750.00 for training, an estimated
$2,720.00 for cabling, actual cost for a network support dependant on the actual time
expended, and actual shipping charges incurred.
99-2741 CIVIL
According to the contract, defendant must pay all bills to plaintiff at plaintiff's
place of business in Cumberland County, Pennsylvania. According to the complaint, the
defendant has failed to make payments to plaintiff and plaintiff has filed the instant suit
here in Cumberland County, Pennsylvania.
The Pennsylvania Rules of Civil Procedure pertaining to Proper venue against a
corporation state, "[A] personal action against a corporation...may be brought in...(4) a
county where a transaction or occurrence took place out of which the cause of action
arose." See Pa.R.C.P. 2179.
The Pennsylvania Superior Court has unambiguously dealt with the question of
where proper venue may lie in a breach of contract action, such as this one, in Lucas
Enterprises. Inc. v. Paul C. Harmon Co., Inc., 273 Pa. Super. 422, 417 A.2d 720 (1980).
The Lucas Court stated'
The making of a contract, which takes place where the offer is
accepted, undoubtedly Constitutes a "transaction or occurrence" sufficient
to establish venue. Craig v. W.J. Thiele & Sons, Inc:, 395 Pa. 129, 132-
33, 149 A.2d 35, 36-37 (1959).
We affirm, ho~vever, on the alternative ground not discussed by the
court below, that Allegheny was the county "in which the cause of action
arose." The cause of action alleged here is breach of contract by failure to
pay a finder's fee according to the terms of the contract. The complaint
also alleges that Lucas Enterprises' place of business is in Allegheny
County. In jurisdictions with a venue provision similar to Pennsylvania's,
the rule is universal in the absence of agreement to the contrary, that
payment is due at the plaintiff's residence or place of business, and
venue is proper there in a breach of contract action alleging failure to
make payment. (emphasis added) (citations omitted).
We adopt this role, which we find most closely comports with the
probable intention of the parties to a contract which does not specifically
provide for place of payment. Since the complaint alleged that Lucas
Enterprises' place of business was located in Allegheny County, payment
was due in that county and venue was proper there.
Lucas 273 Pa. Super. at 424-425, 417 A.2d at 721.
99-2741 CIVIL
Here, the plaintiff Hinton & Associates, Inc.'s place of business in located in
Cumberland County, Pennsylvania. The agreement specifically provided that payment be
due at plaintiffs place of business and failure to pay plaintiff in Cumberland County is
the occurrence from which the instant cause of action arose. Therefore, Cumberland
County is a proper venue for d.:~:.~:~n.[,,.~:~.:.,'-,,~ ,-.~ ~. c d
..... ~. ~_c~.d,.nt s preliminary
objections are overruled.
ORDER
AND NOW, this ~.7~tay of October, 1999, the defendant's preliminary objections
to plaintiff's complaint are OVERRULED.
S'rephen N. Goudsouzian, Esquire
Attorney for Defendants
BY THE COURT,
e~vln A ~t
/
/
C. Lee Anderson, Esquire
Attomey for Plaintiff