Default judgment handed down in lawsuit between roofing companies for more than $8K

By Nicholas Malfitano | May 18, 2018

PHILADELPHIA – Due to a lack of response, one roofing supply company has won a default judgment in a legal action it brought against another for more than $8,000 in unpaid costs.

PHILADELPHIA – Due to a lack of response, one roofing supply company has won a default judgment in a legal action it brought against another for more than $8,000 in unpaid costs.

Per a praecipe for entry of default judgment filed by plaintiff counsel James W. Adelman on Aug. 7, it said that defendant Mazzoni Bros. & Sons Roofing, Inc. and Stephen & Mary Mazzoni failed to file an answer to the instant complaint in the legally-required time period – and that they were collectively liable for payment of costs totaling $8,788.03.

Beacon Sales Acquisition, Inc. (doing business as “Quality Roofing Supply Co.”) first filed suit in the Philadelphia County Court of Common Pleas on June 19, 2017 versus the defendants, all of Philadelphia.

“At the oral instance and request of defendant, Mazzoni Bros. & Sons Roofing, Inc., plaintiff sold and delivered to defendant, Mazzoni Bros. & Sons Roofing, Inc. goods at the times, of the kinds, in the quantities and for the prices set forth in plaintiff’s invoices,” the complaint stated.

“Although demand has been made, defendant Mazzoni Bros. & Sons Roofing, Inc. has failed to make payment of the amount of due as above. As a result of the foregoing, there is due and owing from defendant, Mazzoni Bros. & Sons Roofing, Inc. to plaintiff the sum of $8,014.55, which includes all costs of collection and attorney’s fees of $1,042.77 as set forth by the credit application and/or terms of sale,” the complaint said.

Prior to the issuance of the default judgment, for count of breach of contract, quantum meruit and unjust enrichment, the plaintiff is seeking damages, jointly and severally and as joint tenants by the entireties, jointly and severally, in the sum of $8,788.03, with interest at 18 percent from Dec. 31, 2016 and costs on all counts in this matter.

The plaintiff is represented by Adelman of Morris & Adelman, in Bala Cynwyd.

The defendants had not secured legal counsel, per court records.

Philadelphia County Court of Common Pleas case 170601955

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

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