HomeMy WebLinkAbout07-1497
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Mechanics's lien Claim by subcontractor - Oral contract for Materials
Mechanics Lien Claim
1. 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 186 Booz
Road, Shippensburg, Cumberland County, Pennsylvania.
3. The claimant contracted with Leroy K. Gordon, who is the co-owner, and who acted as agent
for his wife as co-owner.
4. The materials hereinafter referred to were furnished pursuant to an oral contract entered into
with contractor on the 2nd day of November, 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 186 Booz Road, Shippensburg, Cumberland County, Pennsylvania.
6. The nature and kind of materials furnished were a ground water loop for a geothermal heat
pump.
7. The amount claimed to be still due and chargeable against the property is $4,699.59, 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 November 2,2006, and the last
materials were furnished on November 24, 2006.
9. Written notice ofthe intention to file this claim was duly served upon the owner on February
28, 2007, by certified mail at his residence at 186 Booz Road, Shippensburg, Cumberland
County, Pennsylvania
10. This lien is claimed from November 2, 2006, when the first visible work commenced, and
against the fee simple interest of the owner in the property.
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Attorney for Subcontractor
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INVOICE
IVC00000000003677
College Town, Inc.
Valley Heating & Cooling
73 W. Burd st., PO Box 337
Shippensburg
Date
11/27 /2006
PA 17257-0337
Page 1
Bill to:
Leroy K Gordon
P. O. Box 710
Lac 10:
Leroy K Gordon
P. O. Box 710
Shippensburg
PA 17257
Shippensburg
PA 17257
Purchase Order ID Customer ID
GORD LE
Salesperson ID
Work Order No.
0201
System 10 No.
Payment Terms 10
Net 10 days
DESCRIPTION OF WORK
The technicians installed ground water loop for the geothermal heat pump including flushing and adding
anitfreeze solution.
MATERIALS & LABOR CHARGES
Quantity Item Number Description' U Of M Discount Unit price Ext price
950 IGEOPIPE I" Geo Pipe Each $0.00 $0.74 $706.30
19 lFUSIONEL I" Fusion El Each $0.00 $4.28 $81. 32
35 1418805 Propylene Each $0.00 $36.50 $1,277.50
6 lFUSIONCOUP 1 n Fusion Coupling Each $0.00 $5.42 $32.52
1 55001 I" Connector Each $0.00 $211.79 $211.79
1 GL0021XCA Composite Each $0.00. $1,130.16 $1,130.16
1 LABOR Labor Charges Each $0.00 $1,260.00 $1,260.00
Subtotal
Misc
Tax
Freight
Trade Discount
Total
$4,699.59
$0.00
$0.00
$0.00
$0.00
$4,699.59
Thank you! Please Pay Promptly!
A Finance Charge of 1 1/2% per Month (18% Annual Rate)
will be charged 30 days after the invoice date.
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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
N, 7'
NOTICE TO DEFEND
1
You have been sued in Court. If you wish to defend against the claims slot forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in Writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the complaint or for any other claims or
relief requested by the plaintiff. You may also lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Tel. 1-800-990-9108
Tel. 717-249-3166
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
By.
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, David C.
Cleaver, and files this complaint to enforce its mechanics lien claim filed in the Office of the
Prothonotary of Cumberland County, Pennsylvania, on March 16, 2007:
1.
The name of the plaintiff is Valley Heating and Cooling, LLC, a limited liability
company under the laws of the Commonwealth of Pennsylvania, with principle: offices located at
73 West Burd Street, Shippensburg, Cumberland County, Pennsylvania.
2.
The defendants are Leroy K. Gordon and Karen E. Gordon, husband and wife, sui juris
adults, who live and reside at 186 Booz Road, Shippensburg, Cumberland County, Pennsylvania.
3.
On or about November 2, 2006, plaintiff and defendants entered into an :oral contract
wherein the plaintiff agreed to install a ground water loop for a geothermal heat' pump at the
defendant's property located at 186 Booz Road, Shippensburg, Cumberland County,
Pennsylvania.
4.
The materials were furnished in and about the erection and construction of a residential
home for the defendants at 186 Booz Road, Shippensburg, Cumberland County, Pennsylvania.
Ip
5.
The nature and kind of materials furnished were a groundwater loop for a geothermal
heat pump.
6.
The first materials were furnished by the plaintiff on November 2, 2006 and the last
materials were furnished on November 24, 2006.
7.
The reasonable fair market value of the goods and services rendered is $4,699.59. An
itemization of the amount expended totaling $4,699.59 is attached hereto, made a part hereof and
marked Exhibit A.
8.
After reasonable demands upon the defendants, and after filling a mechanics lien claim
against defendants' property on March 16, 2007, the defendants have refused to pay any part of
the amount due to the plaintiff.
WHEREFORE, plaintiff demands damages against the defendants in the amount of
$4,699.59, together with interest and costs of suit.
And they will ever pray, etc.
d C. Cl ver
Attorney for Plaintiff
P.O. Box 536
Shippensburg, PA 17257
Supreme Court I.D.# 7283
I, Duaine A. Collier, verify that I am one of the principals of Valley Heating and Cooling,
LLC, and that the statements made in this Complaint are true and correct. I understand that false
statements herein are made subject to the penalties of perjury contained in 18 Pa. C.S. Section
4904, relating to unworn falsification to authorities.
Date: Z"7
Duaine A. Co &7r
5
VALLEY HEATING & COOLING, LLC
Plaintiff
V.
LEROY GORDON and
KAREN E. GORDON,
Defendants
FILED-OFFICE T?
C-?c 'T'! 3'' r r t 1
c? -3 PAS 3. 2
?ItT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 -1497 MLD TERM
ANSWER TO COMPLAINT
AND NOW comes the Defendants, LEROY GORDON and KAREN E. GORDON, by
and through their attorneys, Irwin &. McKnight, P.C., and makes the following Answer to the
Plaintiff's Complaint:
The Averments of Fact contained in Paragraph One (1) of the Complaint are admitted.
2.
The Averments of Fact contained in Paragraph Two (2) of the Complaint are admitted.
3.
The Averments of Fact contained in Paragraph Three (3) of the Complaint are specifically
denied. On the contrary, the terms of the contract were to be placed in writing which never
occurred.
4.
The Averments of Fact contained in Paragraph Four (4) of the Complaint are specifically
denied. On the contrary, work on the system was begun and not completed. The system has
never been operational.
5.
The Averments of Fact contained in Paragraph Five (5) of the Complaint are specifically
denied. On the contrary, there were additional items which were billed by the Plaintiff but never
delivered.
6.
The Averments of Fact contained in Paragraph Six (6) of the Complaint are specifically
denied. On the contrary, the amount billed included a radiant heat system which was never
provided.
7.
The Averments of Fact contained in Paragraph Seven (7) of the Complaint are
specifically denied. On the contrary, the Plaintiff never supplied the materials invoiced.
6.
The Averments of Fact contained in Paragraph Seven (8) of the Complaint are
specifically denied. On the contrary, the Mechanics Lien has not been properly filed by the
Plaintiff.
WHEREFORE, the Defendants respectfully requests that the Complaint of the Plaintiff
be dismissed and that judgment be entered for the Defendants together with legal fees, interest as
permitted by law and delay damages as appropriate.
Respectfully submitted,
IRWIN & MANIGHT, P/.4T.
By:
Marcus A. Knight III, E
Supreme Cot I.D. #2 476
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for the Defendants
Date: September 3, 2010
2
VERIFICATION
The foregoing document is based upon information, which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unsworn falsification to authorities.
ROY K. G ?DON
Date: September 3, 2010
3
VALLEY HEATING & COOLING, LLC : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2007 -1497 MLD TERM
LEROY GORDON and
KAREN E. GORDON,
Defendants
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, 111, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
David C. Cleaver, Esq.
P. O. Box 536
Shippensburg, PA 17257
IRWIN & WKNIGH;>;, P.C.
By: Marcus A. McKnig t, III, squire
60 West Pomfret St et
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: September 3, 2010
4