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Home My WebLink About12-1041IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ED COOMBS P.O. Box 805 Camp Hill, PA 17011 Claimant V. VIVIAN DOMINICK and KUAN FANG CHENG 3421 Simpson Ferry Road Camp Hill, PA 17011 Owners or Reputed Owners - C= aoja le yj pi Lb n r`' C) NO. < -Tj > o -,1 1 r? 3 MECHANIC'S LIEN CLAIM Ed Coombs, Claimant, files this Mechanic's Lien Claim against Vivian Dominick and Kuan Fang Cheng, Owners or Reputed Owners, and against the land, buildings, and improvements hereinafter described and the cartilage appurtenant thereto for the payment of a debt due to Ed Coombs for certain supplies, materials, and labor furnished in the improvement of the land in the form of improvements and construction on the commercial real estate located at 3421 Simpson Ferry Road, Camp Hill, PA 17011. The following is a statement of Ed Coombs. 1. The name of the Claimant is Ed Coombs, General Contractor, P.O. Box 805, Camp Hill, PA 17011. 2. Claimant files this claim as a contractor with Vivian Dominick, for the commercial real estate located at 3421 Simpson Ferry Road, Camp Hill, PA 17011. 3. The names and addresses of the Owners or Reputed Owners at the time of contracting and furnishing labor, goods, materials, services and structures and the attaching of the lien therefore are: Vivian Dominick: 1433 Northhampton Lane, New Cumberland, PA 17070-2236 Kuan Fang Cheng: 280 Reist Road, Lebanon, PA 17042 01j,* aoil.SoHQ Ck? Jogaco e?- 9 7l a ?? 4. Vivian Dominick contracted with Claimant to supply labor, goods, materials and services for the property described in paragraph 10 herein. 5. The nature and character of the materials, supplies, labor and services furnished pursuant to the agreement are described hereto in the invoice attached as Exhibit "A". 6. Claimant furnished labor, material and services pursuant to the parties agreement through September 1, 2011. 7. Claimant received total payment in the amount of $70, 630.00 against the total amount owed of $122,630.00, and as of February 8, 2012, Owners or Reputed Owners owe Claimant a balance due on the agreement of FIFTY TWO THOUSAND DOLLARS ($52,000.00). 8. Claimant has complete all work and obligations pursuant to the agreement in a timely manner that exceeds industry standards. 9. The amount or sum claimed to be due under the parties agreement is Fifty Two Thousand Dollars, plus interest at the maximum legal rate on said sum from the date of filing of this Mechanic's Lien plus costs. 10. The property and improvement claimed to be subject to this lien is the property known as 3421 Simpson Ferry Road, Camp Hill, PA 17011, as more particularly described in the deed attached hereto as Exhibit "B". 11. This lien is claimed against the fee simple interest of the Owners or Reputed Owners in the aforesaid premises. WHEREFORE, Claimant claims to have a lien upon the premises herein described in the amount of Fifty Two Thousand ($52,000.00) dollars, plus interest at the maximum legal rate on said sum from the date of filing of this Mechanic's Lien, plus costs. Respectfully Submitted: JAMES SMITH DIETTERICK & CONNELLY LLP BY: L?k- k Scott A. Dietterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. # 89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VERIFICATION 1, Ed Coombs, Plaintiff depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Mechanics Lien Claim are true and correct to the best of my information, knowledge and belief Dated:?i l "Z q/ By: Name: E Coombs Exhibit "A" EC ED COOMBS GENERAL CONTRACTOR SPECIALIZING IN COMMERCIAL RENOVATION Date: 01/30/12 Fusion Fire 16 mgt and labor 164 hrs carpenters 200 mhs ken 94 mhs Total $21,720.00 Materials water pit balance sidewalks and steps footer and set statutes and concrete balance awning plumber water heater / bath install repair to black top and sealcoat/ new DIG ROCK AND INSTALL WATER LINE lift rental pod rental fastners to hang alunium from ceiling propane final bill in place P.O. BOX 805 CAMP HILL, PA 17011 (717) 574-9800 FAX: (717) 737-4884 HM: (717) 761-6609 $ 9,020.00 $8,000.00 $4,700.00 $9,300.00 $8,850.00 $1,200.00 $850.00 11.890.00 $3,875.00 $8,000.00 $1,542.00 $402.00 $894.00 $512.00 $645.00 $948.00 $ 1,200.00 $ 325.00 $125.00 $581.00 $345.00 $466.00 $147.00 $69.00 $400.00 $1,800.00 parkline and ada markings partial harrisburg glass window repairs to seal harrisburg glass mirrors defusers load of dirt ada signs fire exingers and stainless steel cabinerts kitchen extinguisers electric hardwood warehouse door louver harrisburg glass paint lowes and homedepot Total $54.366,00 Total materials and labor as of sept 1 2011 $ 76,086 EC - ED COOMBS GENERAL CONTRACTOR SPECIALIZING IN COMMERCIAL RENOVATION P.O. BOX 805 CAMP HILL, PA 17011 (717) 574-9800 FAX: (717) 737-4884 HM: (717) 761-6609 Date: 11/28/11 Fusion Fire 18 previous balance $97,731.00 payment -10.000.00 payment -10,000.00 balance due $77,731.00 Vivian i NEED TO PAY THE REST OF THE BILLS AND LABOR NOW, 1'9 00 C7 57 payments 7/28 8/9 8/15 total payments balance from last bill less payments balance from above new $35,000.00 $15,000.00 $ 30,000. $80,000.00 $ 126,544.00 ------- $80,000.00 $ 46,544.00 $76,086.00 total due $ 122,630. 00 Exhibit "B" File No. GFT-1305 Parcel ID No. 10-22-0531-020B This Indenture, made the 12th day of January, 2005, Between JUSTIN K. CHENG and CI-QIN ZHENG, HUSBAND AND WIFE, CHENG CHIN YUNG Q, SIN WOMAN, and KUAN FANG CHENG AND PI-YEN CHENG, HUSBAND AND WIFE co (hereinafter called the Grantors). of thMne part -end KUAN FANG CHENG ' - h- fV (hereinafter called the Grantee), of the other part, Witnesseth, that the said Grantors for and in consideration of the sum of One And 00/100 Dollars ($1.00) lawful money of the United States of America, unto them well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained and sold, released and confirmed, and by these presents do grant, bargain and sell, release and confirm unto the said Grantee, as sole owner, his heirs and assigns, All that certain parcel of land situate in the Township of Hampden, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point in the northerly right-of-way line of State Highway Route No. 570 (Simpson Ferry Road) (120 feet wide), said point being located on the line between lands now or late of Manor Real Estate and Trust Co. and lands of Sanndrel of Pennsylvania, Inc.; thence, along the said right-of-way line, south seventy eight (78) degrees thirty one (31) minutes eighteen (18) seconds West, two hundred fifteen (215) feet to a point; thence, by lands of Sanndrel of Pennsylvania, Inc., north thirteen (13) degrees fifty three (53) minutes no (0) seconds West, one hundred fifty five and ninety eight hundredths (155.98) feet to a point; thence, by same, north seventy six (76) degrees seven (7) minutes no (0) seconds East, two hundred fourteen and eighty one hundredths (214.81) feet to a point in line of lands of Sanndrell of Pennsylvania, Inc., and Lands now or late of Manor Real Estate and Trust Co.; thence, by lands now or late of Manor Real Estate and Trust Co., south thirteen (13) degrees fifty three (53) minutes no (0) seconds East, one hundred sixty five (165) feet to the point of Beginning. Containing 0.792 acres of land, more or less, and Together with the non-exclusive right and privilege to use the means of ingress and egress and parking areas located upon land now or formerly of Sanndrel of Pennsylvania, Inc., adjacent to the property conveyed hereunder Being the same premises which Midlantic Restaurants, Inc., by deed dated September 21, 1997, and recorded September 30, 1997, in the Office of the Recorder of Deeds in and for `?,'Lx 267 PA'%;E 894 the County of Cumberland, to Record Book 165, Page 237, granted and conveyed unto Justin K. Cheng, Kuan Fang Cheng and Cheng Chih Yung Lo, Grantors herein. This transfer of real estate is between brothers and, sister for the purpose of vesting fee simple title in one brother, Kuan Fang Cheng, and is therefore exempt from realty transfer tax under the Penna. Realty Transfer Tax Act. Together with all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of them, the said grantors, as well at law as in equity, of, in and to the same. To have and to hold the said lot or piece of ground described above, with the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, his heirs and assigns, to and for the only proper use and behoof of the said Grantee, his heirs and assigns, forever. And the said Grantors, for themselves and their heirs, executors and administrators, do, by these presents, covenant, grant and agree, to and with the said Grantee, his heirs and assigns, that they, the said Grantors, and their heirs, all and singular the hereditaments and premises herein described and granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, his heirs and assigns, against them, the said Grantors, and their heirs, and against all and every other person and persons whosoever lawfully claiming or to claim the same or any part thereof, by, from or under him, her, it, or any of them, shall and will Warrant and Forever Defend. In Witness Whereof the parties of the first part have hereunto set their hands and seals.Dated the day and year first above written. L {SEAL) TIN HENG {SEAL} CI-QIN ZHENG 4ENJG?QYUN SEAL) O {SEAL} KUAN FAN HENG 6QDK 26 eA?E W5 {SEAL} KUAN FA CHENG R, M??c % (SEAL) PI-Y N C ENG Commonwealth of Pennsylvania County of Lebanon . ss On this the 12th day of January, 2005, before me, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Lebanon, the undersigned Officer, personally appeared JUSTIN K. CHENG, CI-QIN ZHENG, CHENG CHIH YUNG LO and KUAN FANG CHENG AND PI-YEN CHENG, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. WTA%& otary Public THOWBA IL ft%9W@0KNfty ? My commission expires _ /O- ??-0 -7 Oot. F, M07 The address of the above-named Grantee is: jn// 506?1..1 n [.? e. h e ?, PA ??oyz On alf of th tees File No. GFT-1305 Gerber, Ferry & Tanner 46 E. Main Street Palmyra, PA 17078 I Cert' his to be recorded Tn Cu. -.- nd County PA BOOK 267 PACE 896 'f r of Deeds SHERIFF'S OFFICE OF CUMBERLAND COUNTY '' e - . ; r ' ! - Ronny R Anderson i`? - ! Sheriff - f Jody S Smith Chief Deputy Richard W Stewart Solicitor gi\btll' qt ?- tl''7? 1, /1114 LVA?dA Ed Coombs vs. Vivian Dominick (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2012-1041 02/21/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Kuan Fang Cheng, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lebanon County, Pennsylvania to serve the within Mechanics' Lien Claim according to law. 02/22/2012 02:30 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 22, 2012 at 1430 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Vivian Dominick, by making known unto Yiji Zhang, Father of Defendant at 1433 Northampton Lane, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM BBLACK, DEPUTY 02/23/2012 02:58 PM - Lebanon County Return: And now February 23, 2012 at 1458 hours I, Michael J. DeLeo, Sheriff of Lebanon County, Pennsylvania, do hereby certify and return that I served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Kuan Fang Cheng by making known unto Piyen Cheng, Wife of Defendant at 280 Reist Road, Lebanon, Pennsylvania 17042 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $70.00 50 ANS RS, March 02, 2012 Rjy& R ANDERSON, SHERIFF NOTARY Affirmed and subscribed to before me this day of MECHANIC'S LIEN CLAIM No. 2012-1041 James, Smith Dietterick & Connelly (Return to Cumberland County) Kimberly Bonner, Esquire Ed Coombs 555 Gettysburg Pike Suite C400 VS. Mechanicsburg, PA 17055 Kuan Fang Cheng General File No. 12-00603 STATE OF PENNSYLVANIA } COUNTY OF LEBANON } SS: Brad Seyfert, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within MECHANIC'S LIEN CLAIM upon KUAN FANG CHENG the within named DEFENDANTS, by handing a true and attested copy thereof, personally to PIYEN CHENG, she being the Wife and Person in Charge at the time of service on February 23, 2012 at 2:58 P.M., at 280 Reist Road, Lebanon (North Cornwall Township), Lebanon County, Pennsylvania and by making known to her the contents of the same. Sworn to and subscribed before me this 23`d day of February, 2012 SO ANSWERS, /6?40Z/-i otary Public Is DEPUTY SHERIFF E,fa City Lebanon ti J12 By Authorization Of: SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 02/23/12 Check No. 10927 Amount Costs Incurred: Amount Amount of Refund: Check NoL-?5 ,,-, Amount $ 150.00 $ 73.06 $ 76.94 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 I ii0[H0i 0 A L512 WAR 16 P 1: 29 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ED COOMBS VS. VIVIAN DOMINICK and KUAN FANG CHENG No. 2012-1041 Civil PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY; Please enter the appearance of Christianson Meyer, of 411 Chestnut Street, Lebanon, Pennsylvania, as attorney for Kua 1 Far g Chong, one of the Defendants in the above captioned action. George E. Christianson ID o6310 Christianson Meyer 411 Chestnut Street Lebanon, PA 17042 717 2731651 Attorneys for Defendant Cheng DATED: March 13, 2012 MR I P"I 1: .1,1i'1I3ERLAND COUNT PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ED COOMBS VS. No. 2012-1041 Civil VIVIAN DOMINICK and KUAN FANG CHENG PRELIMINARY OBJECTIONS TO MECHANIC'S LIEN CLAIM AND NOW COMES Kuan Fang Cheng, through his counsel, and files preliminary objections to the Mechanics Lien Claim filed to the above action number and, in support thereof, sets forth as follows: 1. That Claimant filed a Mechanics Lien Claim on February 17, 2012 against real estate located at 3421 Simpson Ferry Road, Camp Hill, Pa., 17011. 2. That Claimant set forth that he filed the claim as a contractor with Vivian Dominick for said real estate. 3. That Vivian Dominick is not an owner or reputed owner of said real estate. 4. That the owner of the real estate is Kuan Fang Cheng, as more specifically set forth in a Deed recorded at 265, Page 894 and recorded in the Cumberland County Recorder of Deeds on January 18, 2005. 5. That, at no time, did claimant enter into any contract or furnish labor, goods, materials or services to the owner of the real estate. 6. That Claimant has attached nothing to his claim indicating any contract arrangement with the Owner. 7. That, pursuant to 49 P.S. Section 1303(d), Leasehold premises, no lien shall be allowed against the Estate of an Owner, in fee. 8. That Owner has not given consent for the Tenant to improve the leased premises in writing and that said labor, goods, materials or services were not for the immediate use and benefit of the Owner. 9. That said labor, goods, materials and services were for -the benefit of the party Lessee who contracted with the Claimant. WHEREFORE, Petitioner, Kuan Fang Cheng, hereby respectfully requests this Honorable Court to dismiss the Mechanics Lien against his real property. eorge E. Christianson, ID# 06310 Christianson Meyer 411 Chestnut Street Lebanon, Pa. 17042 (717) 273-1651 Attorney for Defendant, Kuan Fang Cheng CERTIFICATE OF SERVICE I, SUE A. RODKEY, an employee of CHRISTIANSON MEYER, 411 Chestnut Street, Lebanon, Pennsylvania, 17042, do hereby certify that I served by U.S. First Class Mail, postage paid, on March , 2012, a copy of the within Preliminary Objections, addressed to the following: Scott A. Dietterick, Esquire James Smith Dietterick & Connelly, LLP PO Box 650 Hershey, Pa. 17033 Attorney for Plaintiff Vivian Dominick 1433 Northhampton Lane New Cumberland, Pa. 17070-2236 Defendant n Sue A. Rodkey J s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ED COOMBS P.O. Box 805 Camp Hill, PA 17011 NO. 2012-1041 = W rTlm Claimant v. Mr- ?v {:w VIVIAN DOMINICK and r-= ?n --+ c:-j g --r KUAN FANG CHENG ( - CD r, 3421 Simpson Ferry Road Camp Hill, PA 17011 Owners or Reputed Owners PRAECIPE TO WITHDRAW MECHANIC'S LIEN CLAIM Please mark the mechanics lien filed in the above-captioned matter as withdrawn. Respectfully Submitted: JAMES SMITHD_IETTERICK & CONNELLY LLP BY: Scott A-. TYletterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. # 89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 auk e4. sold a03 ?L44 t13oS V* a-7as81 t , ?s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ED COOMBS P.O. Box 805 Camp Hill, PA 17011 NO. 2012-1041 Claimant V. VIVIAN DOMINICK and KUAN FANG CHENG 3421 Simpson Ferry Road Camp Hill, PA 17011 Owners or Reputed Owners CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Praecipe to Withdraw Mechanics Lien was served on the following this -16th day of March, 2012, via First Class U.S. Mail, Postage Pre-Paid: John Rudd, Esquire-McNees, Wallace & Nurick, LLC-100 Pine Street, P. 0. Box 1166, Harrisburg, PA 17108-1166 Vivian Dominick: 1433 Northhampton Lane, New Cumberland, PA 17070-2236 Kuan Fang Cheng: 280 Reist Road, Lebanon, PA 17042 Kimberly A. Bonner, Esquire Pa. ID # 89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280