PHILADELPHIA – A Philadelphia-based printing firm looking to recoup just over $7,000 from a New Jersey magazine and its publisher is now seeking a default judgment to enforce that collection for breach of contract.
According to a praecipe filed by Christopher J. Leavell on Jan. 31, Bartash Printing, Inc. is seeking the default judgment from Venues Magazine and Robert Byrne of Morganville, N.J. in the amount of $7,000.50, for failure to file an answer to its lawsuit within the required time period.
Bartash Printing first filed suit in the Philadelphia County Court of Common Pleas versus the defendants on May 12, 2017, charging them breach of contract and unjust enrichment.
“In 2016, Bartash and defendants entered into an agreement in which Bartash produced a recurring publication for defendants in exchange for defendants’ payment for goods and services provided. This agreement is reflected by invoices issued by Bartash to defendants, including invoices issued between Sept. 27, 2016 and Nov. 29, 2016, which to date remain unpaid,” the complaint read.
“Bartash worked diligently to provide the goods and services defendants requested, and, in fact, fully provided these goods and services to defendants. Bartash agreed to provide these goods and services to defendants in reliance on their promises to pay Bartash’s invoices in full. Defendants requested, accepted, received and benefited from the goods and services provided to them by Bartash. Upon receipt of the unpaid invoices, defendants were obligated to Bartash for the goods and services it provided within 30 days of receipt of each invoice. Defendants have failed to pay Bartash for the goods and services Bartash provided them. Under Pennsylvania law, Bartash is entitled to pre-judgment interest on the unpaid invoices, at a rate of 6 percent per year,” the complaint continued.
As a result, Bartash Printing argued the defendants are liable for breach of contract in regards to their agreement and unjust enrichment.
The plaintiff is seeking damages, jointly and severally, of $7,000.50, plus interest from pre-judgment to the date of judgment, costs of suit and other relief as the Court deems just and proper in this matter.
The plaintiff is represented by Christopher J. Leavell of Klehr Harrison Harvey Branzburg, in Philadelphia.
Court records show that the defendants did not secure legal counsel in this matter.
Philadelphia County Court of Common Pleas case 170502303
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com