PHILADELPHIA – Litigation between a Blue Bell corporation and a Fairless Hills heating and cooling business owner in connection with an outstanding balance of over $14,000 for goods and services has been settled.

Via a praecipe filed Nov. 27 by plaintiff counsel Stanley R. Gentile, the case between Peirce-Phelps, Inc. versus F.C. Heating & Cooling and its owner Frank Cannuli was requested to be considered as discontinued without prejudice as to all parties and without costs.

Peirce-Phelps, Inc. initially filed suit in the Philadelphia County Court of Common Pleas on May 15 versus the defendants, in order to attempt to recover the allegedly-unpaid funds.

Per the litigation, in July 2015, Peirce-Phelps and F.C. Heating & Cooling entered into a confidential credit agreement, where the plaintiff agreed to provide the defendant with equipment and services, in exchange for timely payments made.

At the same time, Cannuli provided a personal guarantee where he promised prompt payment of F.C. Heating & Cooling’s present and future obligations to Peirce-Phelps. Furthermore, the credit agreement provided for the resolution of any pertinent disputes in the jurisdiction of the Philadelphia County Court of Common Pleas.

Peirce-Phelps alleged it provided equipment and services to F.C. Heating & Cooling in a “timely, good and workmanlike manner”, but despite repeated demands from the plaintiff through April 19, the defendant had failed and refused to pay the principal owed sum of $14,189.59 – leading the plaintiff to suffer financial damages in the process, it says.

Prior to discontinuance and for counts of breach of contract, violation of the Contractor and Subcontractor Payment Act (CASPA), unjust enrichment, book account and personal guarantee of payment, the plaintiff had been seeking damages of $14,189.59, plus associated interest and penalties under CASPA of one percent each per month, attorney’s fees, costs of suit and other relief the Court deems just, proper and equitable in this matter.

The plaintiff was represented by Gentile of Gentile Law Firm, in Audubon, N.J.

Philadelphia County Court of Common Pleas case 170502313

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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