The opinion of the court was delivered by: Stewart Dalzell
AND NOW, this 13th day of September, 2011, upon consideration of defendant Carriage House Condominiums, G.P., Inc.'s notice of removal (docket entry # 1), which included as an exhibit plaintiff's complaint (Exhibit B to docket entry # 1), defendants' answer to plaintiff's complaint (docket entry # 5), defendants' motion for judgment on the pleadings (docket entry # 35) and exhibits thereto (docket entry # 36), plaintiff's response in opposition to defendants' motion (docket entry # 39), and defendants' reply in support of their motion (docket entry # 43), and in accordance with the accompanying Memorandum, it is hereby ORDERED that:
1. Defendants' motion for judgment on the pleadings (docket entry # 35) is GRANTED IN PART;
2. Turchi Properties is DISMISSED as a defendant;
3. Counts VIII-XII, XIV-XVI, XVIII, and XIX are DISMISSED insofar as they state claims for breach of contract and unjust enrichment based on invoices that, on their face, made payment due before May 30, 2004;
4. Counts IV, V, XII, XVI, and XIX of plaintiff's complaint are DISMISSED insofar as they assert claims for unjust enrichment against John J. Turchi, Jr., and Turchi, Inc.;
5. Counts VII, XIII, XVII, and XX of plaintiff's complaint are DISMISSED insofar as they assert claims for veil-piercing against John J. Turchi, Jr.;
6. Counts IV, VI, and XV of plaintiff's complaint are DISMISSED insofar as they assert breach of contract claims against Turchi, Inc.; and
7. By September 26, 2011, the plaintiff shall FILE a brief, not to exceed ten pages, explaining why its complaint states claims under the Pennsylvania Contractor and Subcontractor Payment Act against Turchi, Inc. in Counts IV, VI, and XV.
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