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Filing # 182798181 E-Filed 09/28/2023 11:39:46 AM
IN THE COUNTY COURT FOR THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL ACTION
NB ADCOCK ENTERPRISES, INC. d/b/a
POLAR BEAR COOLING AND HEATING,
Plaintiff,
v. CASE NO.
GLADSTONE PEAT and KIMBERLY PEAT,
Defendants.
_______________________________________/
COMPLAINT
Plaintiff NB ADCOCK ENTERPRISES, INC. d/b/a POLAR BEAR COOLING AND
HEATING, through its undersigned counsel, files this Complaint against Defendants
GLADSTONE PEAT and KIMBERLY PEAT (collectively “Defendants”), and alleges:
PARTIES, VENUE, AND JURISDICTION
1. Plaintiff NB ADCOCK ENTERPRISES, INC. d/b/a POLAR BEAR COOLING
AND HEATING (“Plaintiff”) is a Florida profit corporation with its principal place of business
located in Sarasota County, Florida, and that, at all times material hereto, conducted business in
Sarasota County, Florida.
2. Defendant GLADSTONE PEAT is an individual who, at all times material hereto,
conducted business in Sarasota County, Florida, and owned property located in Sarasota County,
Florida.
3. Defendant KIMBERLY PEAT is an individual who, at all times material hereto,
conducted business in Sarasota County, Florida, and owned property located in Sarasota County,
Florida.
Filed 09/28/2023 04:24 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
4. Defendants are the owners of the real property located at 4363 Ozark Ave, North
Port, Florida 34287, and described more particularly as:
Lots 2 and 3, Block 375, 10th Addition to Port Charlotte Subdivision, a
Subdivision according to the plat thereof, recorded in Plat Book 12, Page(s)
22, 22A through 22M, inclusive, of the Public Records of Sarasota County,
Florida. (“Subject Property”)
5. Venue and jurisdiction are proper in Sarasota County, Florida, as the events that
gave rise to the causes of action asserted herein occurred in Sarasota County, Florida; the Subject
Property is located in Sarasota County, Florida; and pursuant to Section 34.01, Florida Statutes.
GENERAL ALLEGATIONS
6. On May 12, 2023, Plaintiff and Defendant GLADSTONE PEAT, on behalf of
Defendants, executed an Invoice (hereinafter “Contract”) for Plaintiff to furnish labor, materials,
and services for the installation of a new a/c system in the home located on the Subject Property
(“Work”). A true and correct copy of the Contract is attached hereto as Exhibit A.
7. Pursuant to the Contract, Defendants were required to pay a total amount of Seven
Thousand Four Hundred and 00/100 Dollars ($7,400.00) in full on or before July 12, 2023.
8. Plaintiff completely performed its obligations under the Contract; however,
Defendants failed to pay the full amount.
9. On August 7, 2023, Plaintiff recorded a Claim of Lien against the Subject Property
in the amount of Three Thousand Seven Hundred and 00/100 Dollars ($3,700.00). A true and
correct copy of the Claim of Lien is attached hereto as Exhibit B.
10. Plaintiff has retained the Pavese Law Firm to represent it in this matter and has
agreed to pay it a reasonable fee for its services.
11. All conditions precedent to this filing have occurred, been performed, or have been
waived, including but not limited to the presentation of the contractor’s final affidavit.
COUNT I: BREACH OF CONTRACT
12. The allegations contained in paragraphs 1 through 11 above are hereby realleged
and incorporated herein.
13. This is a cause of action for breach of the contract and otherwise within this Court’s
jurisdiction.
14. Plaintiff and Defendants entered into the Contract as described supra.
15. As part of the Contract, Defendants were to pay Plaintiff for the Work performed
on the Subject Property.
16. Defendants breached the Contract, by failing to pay the full amount of the Contract.
17. As a result of Defendants’ breach, Plaintiff has been and will continue to be
damaged.
WHEREFORE, and by reason of the foregoing, Plaintiff respectfully requests that this
Honorable Court enter judgment in its favor and against Defendants for damages, together with
such further and additional relief as this Honorable Court deems just and appropriate, including an
award of attorneys’ fees and costs to the extent permitted by Florida law.
COUNT II: FORECLOSURE OF CLAIM OF LIEN
18. The allegations contained in paragraphs 1 through 11 above are hereby realleged
and incorporated herein.
19. This is a cause of action to foreclose a claim of lien and otherwise within this
Court’s jurisdiction.
20. Plaintiff furnished the Work on the Subject Property.
21. Plaintiff first furnished the Work on May 12, 2023, and the last of the Work on May
12, 2023.
22. The value of the Work performed by Plaintiff was Seven Thousand Four Hundred
and 00/100 Dollars ($7,400.00).
23. On August 7, 2023, Plaintiff recorded a Claim of Lien against the Subject Property
in the amount of Three Thousand Seven Hundred and 00/100 Dollars ($3,700.00). See Exhibit B.
24. All conditions precedent to this filing have occurred, been performed, or have
been waived, including but not limited to the presentation of the contractor’s final affidavit.
WHEREFORE, and by reason of the foregoing, Plaintiff respectfully requests that this
Honorable Court:
a. Find the Claim of Lien attached hereto as Exhibit B is true and correct and exists
in favor of Plaintiff and upon the Subject Property for the sum of $3,700.00, plus interest,
costs, and reasonable attorneys’ fees and that said lien is superior to any other Defendant
or other person or entity that may claim in interest in the Subject Property;
b. Provide Defendants a reasonable opportunity to pay these sums, as set fort by this
Honorable Court;
c. Order that in the case of a failure to pay, the Subject Property will be sold, and said
sums to be paid from the proceeds of the sale with the remainder being returned to
Defendants; and
d. Such further and additional relief as this Honorable Court deems just and
appropriate.
Respectfully submitted on this 28th day of September 2023.
PAVESE LAW FIRM
Attorneys for the Plaintiff
P.O. Box 1507
Fort Myers, FL 33902-1507
Telephone: (239) 334-2195
Fax: (239) 332-2243
Primary E-Mail Address:
lukekane@paveselaw.com
charlescapps@paveselaw.com
Secondary E-Mail Address:
michelleloring@paveselaw.com
christinacarlson@paveselaw.com
By: /s/ Luke L. Kane
Luke L. Kane, Esq./Florida Bar No. 1040429
Exhibit A
Polar Bear Cooling & Heating
1050 Corporate Ave, Unit 105, North Port. Florida 34289
BILL TO
Peat, Gladstone - 4363 Ozark Ave, NP
4363 Ozark Ave
North Port, FL 34287
JOB ADDRESS Completed Date:
4363 Ozark Ave, NP
4363 Ozark Avenue
North Port, Fl 34287 USA
D E S C R I P T I O N OF WORK
Replace existing N C system with new 4 ton 14.3-15.2 SEER2 Daikin Heat Pump system. This includes new:
- Honeywell T6 thermostat
- Permit fees
- Scrap removal
- Code upgrades, if needed (i.e. auxiliary drain pan, condenser hurricane pad/tie downs, float switch, etc.)
12 year parts and 1 year labor standard warranty is included for original homeowner.
6 year unit exchange warranty·
12 year labor warranty available at an additional cost (3 months to purchase)
•Model numbers and AHRI ratings subject to change based on availability
(HALF TO BE PAID IMMEDIATELY AFTER INSTALL OF SYSTEM ($3,700), $1.850 TO BE PAID WITHIN 30 AFTER INSTALL,
REMAINING $1,850 TO BE PAID 30 DAYS OR SOONER AFTER SECOND PAYMENT. TOTAL MUST BE PAID IN FULL ON OR
BEFORE 07/12/2023]
TASK DESCRIPTION QTY PRICE TOTAL
1 Heat-pump condenser. 1.00 $9,400.00 $9,400.00
36-1/2H X 35-1/2W X 35-1/20
2 Air handler. 1.00 $0.00 $0.00
58 X 21·1/8 X 21
3 Discount good till 05/12/2023 only. 1.00 $-2,000.00 $·2,000.00
POTENTIAL SAVINGS
$0.()()
SUB-TOTAL $7,400.00
TAX $0.00
TOTAL DUE $7,400.00
BALANCE DUE $7,400.00
Thank you for choosing Polar Bear Cooling & Heating
CUSTOMER AUTHORIZATION
This invoice is agreed and acknowledged. Payment is due upon receipt. A service fee will be charged for any returned
checks, and a financing charge of 1% per month shall be applied for overdue amounts. If a system is over 10 years old Polar
Bear assumes no liability during service calls or maintenance visits as systems this age have old plastics or otherwise that
may be damaged from light work. All service repairs are warrantied for 30 days unless otherwise written in job summary,
unrelated issues are NOT covered under this 30 days.
Sign here Date
CUSTOMER ACKNOWLEDGEMENT
I find and agree that all work performed by Polar Bear Cooling & Heating has been completed in a satisfactory and
workmanlike manner I have been given the opportunity to address concerns and/or discrepancies in the work provided, and
I either have no such concerns or have found no discrepancies or they have been addressed to my satisfaction. My signature
here signifies my full and final acceptance of all work performed by the contractor. If a system is over 10 years old Polar Bear
assumes no liability during service GIiis or maintenance visits as systems this age have old plastics or otherwise that may be
damaged from light work. All service repairs are warrantied for 30 days unless otherwise written in job summary, unrelated
issues are NOT covered under this 30 days.
Sign here Date
Exhibit B
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Filing # 182798181 E-Filed 09/28/2023 11:39:46 AM IN THE COUNTY COURT FOR THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL ACTION NB ADCOCK ENTERPRISES, INC. d/b/a POLAR BEAR COOLING AND HEATING, Plaintiff, v. CASE NO. GLADSTONE PEAT and KIMBERLY PEAT, Defendants. _______________________________________/ COMPLAINT Plaintiff NB ADCOCK ENTERPRISES, INC. d/b/a POLAR BEAR COOLING AND HEATING, through its undersigned counsel, files this Complaint against Defendants GLADSTONE PEAT and KIMBERLY PEAT (collectively “Defendants”), and alleges: PARTIES, VENUE, AND JURISDICTION 1. Plaintiff NB ADCOCK ENTERPRISES, INC. d/b/a POLAR BEAR COOLING AND HEATING (“Plaintiff”) is a Florida profit corporation with its principal place of business located in Sarasota County, Florida, and that, at all times material hereto, conducted business in Sarasota County, Florida. 2. Defendant GLADSTONE PEAT is an individual who, at all times material hereto, conducted business in Sarasota County, Florida, and owned property located in Sarasota County, Florida. 3. Defendant KIMBERLY PEAT is an individual who, at all times material hereto, conducted business in Sarasota County, Florida, and owned property located in Sarasota County, Florida. Filed 09/28/2023 04:24 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL 4. Defendants are the owners of the real property located at 4363 Ozark Ave, North Port, Florida 34287, and described more particularly as: Lots 2 and 3, Block 375, 10th Addition to Port Charlotte Subdivision, a Subdivision according to the plat thereof, recorded in Plat Book 12, Page(s) 22, 22A through 22M, inclusive, of the Public Records of Sarasota County, Florida. (“Subject Property”) 5. Venue and jurisdiction are proper in Sarasota County, Florida, as the events that gave rise to the causes of action asserted herein occurred in Sarasota County, Florida; the Subject Property is located in Sarasota County, Florida; and pursuant to Section 34.01, Florida Statutes. GENERAL ALLEGATIONS 6. On May 12, 2023, Plaintiff and Defendant GLADSTONE PEAT, on behalf of Defendants, executed an Invoice (hereinafter “Contract”) for Plaintiff to furnish labor, materials, and services for the installation of a new a/c system in the home located on the Subject Property (“Work”). A true and correct copy of the Contract is attached hereto as Exhibit A. 7. Pursuant to the Contract, Defendants were required to pay a total amount of Seven Thousand Four Hundred and 00/100 Dollars ($7,400.00) in full on or before July 12, 2023. 8. Plaintiff completely performed its obligations under the Contract; however, Defendants failed to pay the full amount. 9. On August 7, 2023, Plaintiff recorded a Claim of Lien against the Subject Property in the amount of Three Thousand Seven Hundred and 00/100 Dollars ($3,700.00). A true and correct copy of the Claim of Lien is attached hereto as Exhibit B. 10. Plaintiff has retained the Pavese Law Firm to represent it in this matter and has agreed to pay it a reasonable fee for its services. 11. All conditions precedent to this filing have occurred, been performed, or have been waived, including but not limited to the presentation of the contractor’s final affidavit. COUNT I: BREACH OF CONTRACT 12. The allegations contained in paragraphs 1 through 11 above are hereby realleged and incorporated herein. 13. This is a cause of action for breach of the contract and otherwise within this Court’s jurisdiction. 14. Plaintiff and Defendants entered into the Contract as described supra. 15. As part of the Contract, Defendants were to pay Plaintiff for the Work performed on the Subject Property. 16. Defendants breached the Contract, by failing to pay the full amount of the Contract. 17. As a result of Defendants’ breach, Plaintiff has been and will continue to be damaged. WHEREFORE, and by reason of the foregoing, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants for damages, together with such further and additional relief as this Honorable Court deems just and appropriate, including an award of attorneys’ fees and costs to the extent permitted by Florida law. COUNT II: FORECLOSURE OF CLAIM OF LIEN 18. The allegations contained in paragraphs 1 through 11 above are hereby realleged and incorporated herein. 19. This is a cause of action to foreclose a claim of lien and otherwise within this Court’s jurisdiction. 20. Plaintiff furnished the Work on the Subject Property. 21. Plaintiff first furnished the Work on May 12, 2023, and the last of the Work on May 12, 2023. 22. The value of the Work performed by Plaintiff was Seven Thousand Four Hundred and 00/100 Dollars ($7,400.00). 23. On August 7, 2023, Plaintiff recorded a Claim of Lien against the Subject Property in the amount of Three Thousand Seven Hundred and 00/100 Dollars ($3,700.00). See Exhibit B. 24. All conditions precedent to this filing have occurred, been performed, or have been waived, including but not limited to the presentation of the contractor’s final affidavit. WHEREFORE, and by reason of the foregoing, Plaintiff respectfully requests that this Honorable Court: a. Find the Claim of Lien attached hereto as Exhibit B is true and correct and exists in favor of Plaintiff and upon the Subject Property for the sum of $3,700.00, plus interest, costs, and reasonable attorneys’ fees and that said lien is superior to any other Defendant or other person or entity that may claim in interest in the Subject Property; b. Provide Defendants a reasonable opportunity to pay these sums, as set fort by this Honorable Court; c. Order that in the case of a failure to pay, the Subject Property will be sold, and said sums to be paid from the proceeds of the sale with the remainder being returned to Defendants; and d. Such further and additional relief as this Honorable Court deems just and appropriate. Respectfully submitted on this 28th day of September 2023. PAVESE LAW FIRM Attorneys for the Plaintiff P.O. Box 1507 Fort Myers, FL 33902-1507 Telephone: (239) 334-2195 Fax: (239) 332-2243 Primary E-Mail Address: lukekane@paveselaw.com charlescapps@paveselaw.com Secondary E-Mail Address: michelleloring@paveselaw.com christinacarlson@paveselaw.com By: /s/ Luke L. Kane Luke L. Kane, Esq./Florida Bar No. 1040429 Exhibit A Polar Bear Cooling & Heating 1050 Corporate Ave, Unit 105, North Port. Florida 34289 BILL TO Peat, Gladstone - 4363 Ozark Ave, NP 4363 Ozark Ave North Port, FL 34287 JOB ADDRESS Completed Date: 4363 Ozark Ave, NP 4363 Ozark Avenue North Port, Fl 34287 USA D E S C R I P T I O N OF WORK Replace existing N C system with new 4 ton 14.3-15.2 SEER2 Daikin Heat Pump system. This includes new: - Honeywell T6 thermostat - Permit fees - Scrap removal - Code upgrades, if needed (i.e. auxiliary drain pan, condenser hurricane pad/tie downs, float switch, etc.) 12 year parts and 1 year labor standard warranty is included for original homeowner. 6 year unit exchange warranty· 12 year labor warranty available at an additional cost (3 months to purchase) •Model numbers and AHRI ratings subject to change based on availability (HALF TO BE PAID IMMEDIATELY AFTER INSTALL OF SYSTEM ($3,700), $1.850 TO BE PAID WITHIN 30 AFTER INSTALL, REMAINING $1,850 TO BE PAID 30 DAYS OR SOONER AFTER SECOND PAYMENT. TOTAL MUST BE PAID IN FULL ON OR BEFORE 07/12/2023] TASK DESCRIPTION QTY PRICE TOTAL 1 Heat-pump condenser. 1.00 $9,400.00 $9,400.00 36-1/2H X 35-1/2W X 35-1/20 2 Air handler. 1.00 $0.00 $0.00 58 X 21·1/8 X 21 3 Discount good till 05/12/2023 only. 1.00 $-2,000.00 $·2,000.00 POTENTIAL SAVINGS $0.()() SUB-TOTAL $7,400.00 TAX $0.00 TOTAL DUE $7,400.00 BALANCE DUE $7,400.00 Thank you for choosing Polar Bear Cooling & Heating CUSTOMER AUTHORIZATION This invoice is agreed and acknowledged. Payment is due upon receipt. A service fee will be charged for any returned checks, and a financing charge of 1% per month shall be applied for overdue amounts. If a system is over 10 years old Polar Bear assumes no liability during service calls or maintenance visits as systems this age have old plastics or otherwise that may be damaged from light work. All service repairs are warrantied for 30 days unless otherwise written in job summary, unrelated issues are NOT covered under this 30 days. Sign here Date CUSTOMER ACKNOWLEDGEMENT I find and agree that all work performed by Polar Bear Cooling & Heating has been completed in a satisfactory and workmanlike manner I have been given the opportunity to address concerns and/or discrepancies in the work provided, and I either have no such concerns or have found no discrepancies or they have been addressed to my satisfaction. My signature here signifies my full and final acceptance of all work performed by the contractor. If a system is over 10 years old Polar Bear assumes no liability during service GIiis or maintenance visits as systems this age have old plastics or otherwise that may be damaged from light work. All service repairs are warrantied for 30 days unless otherwise written in job summary, unrelated issues are NOT covered under this 30 days. Sign here Date Exhibit B