HomeMy WebLinkAbout07-1496
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Mechanics's lien Claim by subcontractor - Oral contract for Materials
Mechanics Lien Claim
I. The name of the claimant is Valley Heating & Cooling, LLC.
2. The name of the owner is Leroy K. and Karen E. Gordon and their address is 1120 Green
spring Road, Newville, Cumberland County, Pennsylvania. /'
3. The claimant contracted with L&K Restoration, which is an unincorporated business of the
owners.
4. The materials hereinafter referred to were furnished pursuant to an oral contract entered into
with contractor on the 6th day of December, 2006, wherein the claimant agreed to furnish
certain materials, an itemized statement of which is attached as Exhibit "A" and the
contractor agreed to pay for each item the price set forth in Exhibit A.
5. The materials were furnished in and about the erection and construction of a residential home
at 1120 Greenspring Road, Newville, Cumberland County, Pennsylvania.
6. The nature and kind of materials furnished were repair and installation of heaters.
7. The amount claimed to be still due and chargeable against the property is $1,398.03, being
the agreed upon contract price. The claimant has no note or other collateral security for his
claim.
8. The first materials were furnished by the claimant on December 6, 2006, and the last
materials were furnished on February 2,2007.
9. Written notice of the intention to file this claim was duly served upon the owner on February
28,2007, by certified mail at his residence at 1120 Greenspring Road, Newville, Cumberland
County, Pennsylvania
10. This lien is claimed from December 6, 2006, when the first visible work commenced, and
against the fee simple interest of the owner in the property.
~C~RL
Attorney for Subcontractor
,f ...
Vallev Heatina and Coolina a division of
Colleae Town. Inc.
73 W. Burd St.. PO Box 337
Shippensburg, PA 17257-0337
L&K Restoration
P.O. Box 710
Shippensburg, PA
17257
Project Name:
Project Number:
Status:
PO:
L&K Restoration Heaters
S 1 009
Open
Invoice #:
Invoice Date:
BILL0000000001733
2/15/2007
Payment Terms: Net 10 Days
A Finance Charge of 1 1/2 % per month
(18% annual rate) will be charoed
30 days after the invoice date.
Date
Transaction
---------------------------------------------------
2/12/2007
Equipment
JOb#S1009 Equipment Installation & Mainten.
TOTAL:
CASH:
CHECK:
CREDIT CARD:
TERMS DISC TAKEN:
TOTAL DUE THIS INVOICE:
THANK YOU!
Total Billings
$1,398.03
--------------------
$1,398.03
--------------------
--------------------
$1,398.03
$0.00
$0.00
$0.00
$0.00
$1,398.03
$1,398.03
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Valley Heating and Cooling, LLC,
Plaintiff
VS.
Leroy K. Gordon and Karen E. Gordon,
his wife,
Defendants
Civil Action - Law
No. 07-1497 MLD Term
o_
NOTICE TO DEFEND
_ 1.
You have been sued in Court. If you wish to defend against the claims set forth in th
following pages, you must take action within twenty (20) days after this complaint and oti are
served, by entering a written appearance personally or by attorney and filing in writing with e
Court your defenses or objections to the claims set forth against you. You are warned at if you
fail to do so the case may proceed without you and a judgment may be entered against ou b the
Court without further notice for any money claimed in the complaint or for any other c s or
relief requested by the plaintiff. You may also lose money or property or other rights i po t to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF U O
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE' HE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL H' LP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Tel. 1-800-990-9108
Tel. 717-249-3166
LAWYER.
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Valley Heating and Cooling, LLC Civil Action - Law
Plaintiff
vs. No. 07-1497 MLD Term
Leroy K. Gordon and Karen E. Gordon,
his wife,
Defendants
COMPLAINT TO ENFORCE MECHANICS LIEN CLAIM
Now comes the plaintiff, Valley Heating and Cooling, LLC, by its attorney, avid
Cleaver, and files this complaint to enforce its mechanics lien claim filed in the Offi?e of t
Prothonotary of Cumberland County, Pennsylvania, on March 16, 2007:
1.
The name of the plaintiff is Valley Heating and Cooling, LLC, a limited liab::s ty
company under the laws of the Commonwealth of Pennsylvania, with prin1,
73 West Burd Street, Shippensburg, Cumberland County, Pennsylvania.
2.
The defendants are Leroy K. Gordon and Karen E. Gordon, husband and wife sui i4ri
adults, who live and reside at 186 Booz Road, Shippensburg, Cumberland County, P syl a
3.
On or about November 2, 2006, plaintiff and defendants entered into an oral ntra t
wherein the plaintiff agreed to install a ground water loop for a geothermal heat pump at th
defendant's property located at 186 Booz Road, Shippensburg, Cumberland County,
Pennsylvania.
4.
at
The materials were furnished in and about the erection and construction of a
home for the defendants at 186 Booz Road, Shippensburg, Cumberland County, Per
5.
The nature and kind of materials furnished were a groundwater loop for a
heat pump.
6.
The first materials were furnished by the plaintiff on November 2, 2006 and
materials were furnished on November 24, 2006.
7.
The reasonable fair market value of the goods and services rendered is $4,6 59.
itemization of the amount expended totaling $4,699.59 is attached hereto, made a p her f and
marked Exhibit A.
8.
After reasonable demands upon the defendants, and after filling a mechanics l?en c m
against defendants' property on March 16, 2007, the defendants have refused to pay any p of
the amount due to the plaintiff.
WHEREFORE, plaintiff demands damages against the defendants in the amo?nt o
$4,699.59, together with interest and costs of suit.
And they will ever pray, etc.
DArid C. Cldaver
Attorney for Plaintiff
P.O. Box 536
Shippensburg, PA 17257
Supreme Court LD.# 7283
I, Duaine A. Collier, verify that I am one of the principals of Valley Heating d
LLC, and that the statements made in this Complaint are true and correct. I unders d th
statements herein are made subject to the penalties of perjury contained in 18 Pa. C. . S
4904, relating to unworn falsification to authorities.
Date: l
/ /111 Duaine A. Co flier
false