The URL can be used to link to this page

Home My WebLink About07-1498 ......- '.-0 01 - /'191> 111l..0 I~ 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 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 12th 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 186 Booz Road, Shippensburg, Cumberland County, Pennsylvania. 6. The nature and kind of materials furnished were a Radiant Floor Heat. 7. The amount claimed to be still due and chargeable against the property is $15,000.00, 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 12, 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 186 Booz Road, Shippensburg, Cumberland County, Pennsylvania 10. This lien is claimed from December 12,2006, when the first visible work commenced, and against the fee simple interest of the owner in the property. ~~~ Attorney for Subcontractor ,.~ -. Vallev Heatina and Coolina a division of ColleQe Town. Inc. 73 W. Burd St.. PO Box 337 Shippensburg, PA 17257-0337 Leroy K Gordon P. O. Box 710 Shippensburg, PA 17257 Project Name: Project Number: Status: PO: Gordon - Floor Radiant 2843 Open Date Transaction 1/1/2007 Rough In Rough In Billing for Floor Radiant Heat TOTAL: CASH: CHECK: CREDIT CARD: TERMS DISC TAKEN: TOTAL DUE THIS INVOICE: THANK YOU! Invoice #: Invoice Date: BILL0000000001728 1/19/2007 Payment Terms: Net 10 Days A Finance Charge of 1 1/2 % per month (18% annual rate) will be charQed 30 days after the. invoice date. Total Billings $4,950.00 $4,950.00 -------------------- -------------------- $4,950.00 $0.00 $0.00 $0.00 $0.00 $4,950.00 $4,950.00 -iv~iiiv Heatina and Coolina a division of Colleae Town. Inc. 73 W. Burd St.. PO Box 337 Shippensburg, P A 17257 -0337 Leroy K Gordon P. O. Box 710 Shippensburg, PA 17257 Project Name: Project Number: Status: PO: Gordon - Floor Radiant 2843 Open Date Transaction 2/12/2007 Completion Job# 2843 Equipment and Completion Billing TOTAL: CASH: CHECK: CREDIT CARD: TERMS DISC TAKEN: TOTAL DUE THIS INVOICE: THANK YOU! Invoice #: Invoice Date: BILL0000000001732 2/15/2007 Payment Terms: Net 10 Days A Finance Charge of 1 1/2 % per month (18% annual rate) will be charaed 30 days after the invoice date. Total Billings $10,050.00 $0.00 $0.00 $0.00 $0.00 $10,050.00 $10,050.00 $10,050.00 $10,050.00 ~ ~ :-() ~ g )..) ~~ ~ r::J ~ ~- f 8 ~ ~ s ~ ~.tB ~ =;5':D ZC :;:0 ffl~ ~.r:: - ~ ~;, O'l :.:::c.'. ~ ?z: C -0 :r: ~. )>0 :x ~ c <...) 0 z .. ,.;.;.c ~ g ~ 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. 07-1498 MLD Term NOTICE TO DEFEND N C? J co . ' VJ You have been sued in Court. If you wish to defend against the claims sit 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 MIRING A LAWYER. SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Valley Heating and Cooling, LLC, Civil Action - Law Plaintiff vs. No. 07-1498 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 January 12, 2007, plaintiff and defendants entered into a written contract wherein the plaintiff agreed to furnish certain materials and perform certain work to install radiant floor heat at the defendant's home, the said contract being attached as Exhibit A, which is attached hereto and made a part hereof. 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. 5. The nature and kind of materials and labor furnished was the installation of a floor radiant heat system for the defendant's residential house. 6. The first materials were furnished by the plaintiff on December 12, 2006 and the last materials were furnished on February 12, 2007. 7. Under the terms of the written agreement of the parties, as attached hereto as Exhibit A, the defendants were to pay 30% of the cost upon signing and accepting the proposal, 60% upon delivery of the equipment, and 10%, or the balance, upon completion. 8. The installation of the radiant floor heat is complete except for the final wiring, which needs to be completed at a cost of $300.00. 9. The defendants failed to pay the 30% due at signing the agreement, failed to pay the 60% due at delivery, and although the system has been installed the defendants have failed to pay any amount due upon the contract. 10. The plaintiff has refused to install the final wiring because the defendants have made no payments upon the contract. 12. The total actual cost of the installation of the radiant floor heat to date is $15,253.83, all as shown and itemized on Exhibit B, which is attached hereto and made a part hereof. 13. The written agreement between the parties stated that the total cost of the job would not exceed $15,000.00. 14. Pursuant to the terms of the agreement the plaintiff billed the defendants $15,000.00. 15. On January 19, 2007, the defendants were billed $4,950.00 or approximately 30% of the $15,000.00 cost, as shown upon Exhibit C, which is attached hereto, made a part hereof and marked Exhibit C. 16. The job was completed (except for the wiring) on February 12, 2007, and on February 15, 2007, the defendants were billed $10,500.00 for the balance due, all as shown upon Exhibit D, which is attached hereto, made a part hereof, and marked Exhibit D. 17. 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. 18. The contract between the plaintiff and the defendants provides that should collection action be required the defendants agree to pay all attorney fees and court costs of the plaintiff. 19. The plaintiff has entered into an agreement with its attorney to pay a fee of 20% of the amount of the claim, which sum equals $3,000.00. 20. The plaintiff claims attorney fees of $3,000.00 plus court costs. WHEREFORE, plaintiff demands damages against the defendants in the amount of $18,000.00, together with interest and costs of suit. And they will ever pray, etc. avid C. Cleaver 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?a ? 1 -4 e ?4- ? Duaine A. Collier