HomeMy WebLinkAbout00-1749 CivilROGER C. WATSON,
SURVEYING SERVICES,:
INC.,
Plaintiff
Vo
WILLIAM M. GROSS,
ARNOLD FORBES, and
ROBERT SAHI,
Individually and t/a a
Parmership,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-1749 CIVIL TERM
IN RE: ADJUDICATION
BEFORE OLER, J.
MEMORANDUM OPINION
OLER, J., September 6, 2001.
In this civil case a surveying company has sued three joint venturers who
engaged the company to perform survey work in connection with a potential land
development in South Middleton Township, Cumberland County, Pennsylvania.
In the course of the relationship between Plaintiff and Defendants, Plaintiff
performed services for Defendants beyond those contemplated by the initial
written contract. Plaintiff has not been paid for any of the work, and the joint
venture is no longer being pursued.
Plaintiff' s claims are for breach of contract, violation of the Contractor and
Subcontractor Payment Act,~ and unjust enrichment. Defendants have filed a
counterclaim based upon an allegedly deficient and untimely performance on
Plaintiff' s part.
A nonjury trial was held on August 27, 2001. The verdict entered by the
court is indicative, inter alia, of its findings as to the amount of Defendants'
Act of February 17, 1994, P.L. 73, 73 P.S. §§501-516 etseq. (2001 Supp.).
liability encompassed by the Contractor and Subcontractor Payment Act (and thus
subject to the interest and penalty provisions of the act), the date that interest and
penalties began to accrue under the act,2 the amount of Defendants' liability for
unjust enrichment, and the date that interest at the legal rate began to accrue on
that liability.3
BY THE COURT,
Gerard J. Pisarcik, Esq.
20 Erford Road
Suite 305
Lemoyne, PA 17043
Attorney for Plaintiff
Albert J. Hajjar, Esq.
3003 North Front Street
Harrisburg, PA 17110
Attorney for Defendants
J. Wesley Oler, Jr., J.
: I.e., eight days following the due date on Plaintiff's invoice. See Plaintiff's Exhibit 6; Act of
February 17, 1994, P.L. 73, 73 P.S. §505,512 (2001 Supp.).
3 I.e., a month after the filing of the complaint herein, where a demand was first made upon
Defendants for payment on the claim of unjust enrichment. See Plaintiff's Complaint, filed
March 23, 2000.
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ROGER C. WATSON,
SURVEYING SERVICES,:
INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vo
CIVIL ACTION - LAW
WILLIAM M. GROSS,
ARNOLD FORBES, and
ROBERT SAHI,
Individually and t/a a
Parmership,
Defendants
NO. 00-1749 CIVIL TERM
IN RE: ADJUDICATION
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 6th day of September, 2001, upon consideration of
Plaintiff's complaint in the above-captioned case, and of Defendants'
counterclaim, following a nonjury trial held on August 27, 2001, and for the
reasons stated in the accompanying opinion, the verdict of the court is as follows:
1. On Plaintiff's complaint, the court finds in favor of
Plaintiff and against Defendants, jointly and severally, in the
amount of $3,000.00, with interest at the rate of 1% per month
commencing May 30, 1999, and with a penalty at the rate of
1% per month commencing May 30, 1999, and in the
additional amount of $9,110.00, with interest at the legal rate
from April 23, 2000, plus costs of suit.
2. On Defendants' counterclaim, the court finds in favor of
Plaintiff and against Defendants.
BY THE COURT,
J. Wesley Oler, Jr., J.
Gerard J. Pisarcik, Esq.
20 Erford Road
Suite 305
Lemoyne, PA 17043
Attorney for Plaintiff
Albert J. Hajjar, Esq.
3003 North Front Street
Harrisburg, PA 17110
Attorney for Defendants
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