Thursday marked day 34 for Mike Agolia, picketing outside Wyoming Homes in White Mills. Each day, he spends 10 to 12 hours seeking justice.


Thursday marked day 34 for Mike Agolia, picketing outside Wyoming Homes in White Mills. Each day, he spends 10 to 12 hours seeking justice.


The retired New Yorker, who bought property in Mt. Pleasant Township, says he’s given up on the Skyline home he ordered from Wyoming Homes, fully paid for and never received. Now he just wants his money back. His attorney, Mark Zimmer filed a civil suit against Wyoming Homes on June 10, seeking $60,266.40, together with interest, costs of the suit and any other damages. Factored into costs being sought are storage unit rental fees for three separate storage units from March through June, totaling $2,226.40, along with campground rent from March 1 through May 1 in the amount of $900.  

     
“We want to settle it,” says Wyoming Homes Inc. President Dave Valenti. In a phone interview earlier this week, Valenti said, “We want to make sure that we sign a mutual release.” Valenti said he’d directed his attorney, Jennifer Rogers of Kingston to send out the necessary paperwork. Valenti said Agolia had changed his mind more than twice that he wanted the home and then he didn’t. “We want to resolve this. I’ll make a check out for $10,000 and give it to him tomorrow as a sign of good faith,” Valenti said. He said he’d return the balance as soon as was practical following signage of the mutual release form. Asked if his company had the funds to return the entire balance as a lump sum, Valenti said, “Yes.”


Asked the status of his company, Valenti said, “Financially, we’re struggling right now. The entire manufactured home industry is struggling.”


Attorney Mark Zimmer said he’d had some discussions with Mr. Valenti, but that he hadn’t heard from him in a little while. “He makes certain statements and I’m still waiting for him to follow through on those,” Zimmer said. “We’ve looked at various negation points. The last thing I talked about is, ‘Just give the money back.’”
Zimmer’s civil complaint, filed on behalf of his client, contains three different counts, including: breach of contract, fraud and specific performance.


Court papers say Agolia entered into an agreement with Wyoming Homes on or about January 26, 2008, to purchase a Skyline Oakbrook 2008 manufactured home to be delivered and completed for $60,200. Agolia gave Wyoming Homes $15,000 on January 26. Court papers say Agolia was told his home was being manufactured and would be scheduled for delivery on February 28, 2008 and was told the next cash draw was due. On or about February 7, 2008, Agolia delivered $42,140.  He paid all but $3,060. “The defendant gave the plaintiff at least six different dates as to when the home would be delivered with the last being May 5,” the court records say.