HomeMy WebLinkAbout06-1738
R & S CONSTRUCTION GROUP, LLC.
Claimant
V.
PHONG VAN TRAN trading and
doing business as
BOURBON STREET GRILL,
Owners
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
:PENNSYLVANIA
No. of 2006 -1 '73C L
MECHANICS' LIEN
NOTICE OF FILING OF MECHANICS' LIEN CLAIM
To: Phong Van Tran
Bourbon Street Grill
3506 Capital City Mall Drive
Camp Hill, PA 17011
You are notified that a mechanics' lien claim in the amount of $ 23,216.06
has been filed on behalf of R & S Construction Group, LLC against the leasehold known
as Bourbon Street Grill, 3506 Capital City Mall Drive, Camp Hill, Pennsylvania 17011,
of which you are the owner or reputed owner. The claim was filed on March, Y, 2006
in the Court of Common Pleas of Cumberland County, as of No. )4- / 235 . A
copy of the claim is attached.
Date: 2dO
Gregory . Reed, Esqui
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
Attorney I.D. #23705
Gregory R. Reed, Esquire
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
lawof ice(a epix.net
R & S CONSTRUCTION GROUP, LLC.: IN THE COURT OF COMMON PLEAS
Claimant : OF CUMBERLAND COUNTY, :
PENNSYLVANIA
No. of 2006 - ! 73I' M ?D
PHONG VAN TRAN trading and
doing business as
BOURBON STREET GRILL,
Owners MECHANICS' LIEN
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
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 claim or relief requested by the Defendant. You may 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER,
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas quese presentan mas adelante en las siguientes paginas, debe toma accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalinente o por medio de Lin abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
ad%icrte de que Si Listed falla de tomar accion cot-no se describe anteriormente, el caso puede
proceder sin Listed y un fallo por cualquier soma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicnado por el demandante puede ser dictado en constra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad a otros derechos
importantes para Listed.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INIMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUL CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800)990-9108
Dater t?l X .2(Y)6
Gfegory R. Reed,-Esquii
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
Attorney I.D. No. 23705
Attorney for Claimant
Gregory R. Reed, Esquire
3120 Parkview Lane
Harrisburg, PA 17111
(717)238-0434
lawoffice(t?,,epix. net
R & S CONSTRUCTION GROUP, LLC
Claimant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
PHONG VAN TRAN trading and
doing business as
BOURBON STREET GRILL,
Owners
No. of 2006 -173S
MECHANICS' LIEN
MECHANIC'S LIEN CLAIM
Claimant, R & S CONSTRUCTION GROUP, LLC, through the undersigned
counsel, files this claim against the leasehold and improvements known as the Bourbon
Street Grill at 3506 Capital City Mall Drive, Lower Allen Township, Cumberland
County, Pennsylvania, for the payment of a debt due Claimant, as a contractor, for labor
and materials furnished by Claimant for remodeling and improvements to the Bourbon
Street Grill. In support of the claim the Claimant makes the following statement:
1. The owner of the leasehold and improvements is Phong Van Tran, trading and
doing business as Bourbon Street Grill at 3506 Capital City Mall Drive, Lower Allen
Township, Cumberland County, Pennsylvania.
2. The improvements and the property which are subject to this claim are a
restaurant and appurtenant land at 3506 Capital City Mall Drive, Lower Allen Township,
Cumberland County, Pennsylvania.
3. The labor and material for which the debt is due were furnished pursuant to an
agreement and change orders with Phong Van Tran owner of, which $23,216.06 is due.
4. The labor for which the debt is due consists of construction, hanging drywall,
plumbing, installation of a HVC roof unit, and improvement to the existing structure.
The labor and materials were a substantial addition to the existing structure.
5. Claimant completed the aforesaid work on or about December 23, 2005,
which is less than four (4) months before the filing of this claim. There is due and owing
a balance of $23,216.06 and claim is made therefor.
Date: d 0 w
Attorney for Claimant
3120 Parkview Lane
Harrisburg, PA 171 11
(717) 238-0434
Attorney I.D. 23705
VERIFICATION
a
1, of R & S Construction Group, LLC, hereby verify
that the statements in the foregoing Mechanic's Lien Claim are based upon information
which I have provided to my attorney. I have read the Mechanic's Lien Claim and the
allegations are true and correct to the best of my knowledge, information, and belief.
However, the language of the Mechanic's Lien Claim is that of counsel, and not my own.
To the extent that the contents of this Mechanic's Lien Claim are that of our attorney, I
have relied upon him in making this verification. I understand that the statements therein
are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn
falsification to authorities.
Date 3z6 oh
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Gregory R. Reed, Esquire
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
lawoffice@epix.net
R & S CONSTRUCTION GROUP, LLC. IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
:PENNSYLVANIA
V.
No. 1738 MLD of 2006
PHONG VAN TRAN trading and
doing business as : CIVIL ACTION
BOURBON STREET GRILL, : MECHANICS' LIEN
Defendant : JURY TRIAL DEMANDED
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
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 claim or relief requested by the Defendant. You may 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas quese presentan mas adelante en las siguientes paginas, debe toma accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en constra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad a otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Date: A' 6
regory R. Reed, squire
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
Attorney I.D. No. 23705
Attorney for Plaintiff
Gregory R. Reed, Esquire
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
lawoffice@epix.net
R & S CONSTRUCTION GROUP, LLC. : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
V. No. 1738 MLD of 2006
PHONG VAN TRAN trading and
doing business as CIVIL ACTION
BOURBON STREET GRILL, MECHANICS' LIEN
Defendant JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff, R & S Construction Group, LLC, is a Pennsylvania limited liability
company with an address at 4701 Earl Drive, Harrisburg, Dauphin County, Pennsylvania.
2. Defendant is Phong Van Tran, trading and doing business as Bourbon Street
Grill, with an address at 3506 Capital City Mall Drive, Lower Allen Township,
Cumberland County, Pennsylvania.
3. Plaintiff filed a mechanics' lien claim on March 24, 2006 in the Court of
Common Pleas of Cumberland County, as of Term 2006, No. 1738 MLD, a copy of
which is attached as Exhibit "A".
4. The amount of plaintiff's claim is Twenty-three thousand two hundred sixteen
and 06/100 ($23,216.06) Dollars.
4. The amount of plaintiff's claim is Twenty-three thousand two hundred sixteen
and 06/100 ($23,216.06) Dollars.
WHEREFORE, plaintiff demands judgment against the defendant in the sum of
is Twenty-three thousand two hundred sixteen and 06/100 ($23,216.06) Dollars, plus
interest and costs.
regory R. Reed, squire
Attorney for Plaintiff
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
Attorney I.D. #23705
R & S CONSTRUCTION GROUP, LLC.
Claimant
V.
PHONG VAN TRAN trading and
doing business as
BOURBON STREET GRILL,
Owners
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
: PENNSYLVANIA
No. of 2006 - /73?= /rt yfj
: MECHANICS' LIEN
NOTICE OF FILING OF MECHANICS' LIEN CLAIM
To: Phong Van Tran
Bourbon Street Grill
3506 Capital City Mall Drive
Camp Hill, PA 17011
You are notified that a mechanics' lien claim in the amount of S 23,216.06
has been filed on behalf of R & S Construction Group, LLC against the leasehold known
as Bourbon Street Grill, 3506 Capital City Mall Drive, Camp Hill, Pennsylvania 17011,
of which you are the owner or reputed owner. The claim was filed on Marchb- I, 2006
in the Court of Common Pleas of Cumberland County, as of No. Pb 17. A
copy of the claim is attached.
Date: 2?4z? ,z 24044
f
WAE C3 *Y FROM REGORO
Thy *twrWf. 1 here into sit my hopo
Ow set of said Curt -ei hr.
regory . Reed, Esqui -
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
Attorney I.D. #23705
EXHIBIT "A"
Gregory R. Reed, Esquire
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
lawoffce@epix.net
R & S CONSTRUCTION GROUP, LLC.: IN THE COURT OF COMMON PLEAS
Claimant : OF CUMBERLAND COUNTY, :
: PENNSYLVANIA
V.
: No. of 2006
PHONG VAN TRAN trading and
doing business as
BOURBON STREET GRILL,
Owners MECHANICS' LIEN
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
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 claim or relief requested by the Defendant. You may 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas quese presentan mas adelante en ]as siguientes paginas, debe toma accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falia de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en constra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Date: o)U
- a-t-3111 egory R. Reed, Esqui _
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
Attorney I.D. No. 23705
Attorney for Claimant
Gregory R. Reed, Esquire
3120 Parkview Lane
Harrisburg, PA 171 11
(717) 238-0434
lawoffice@epix.net
R & S CONSTRUCTION GROUP, LLC.
Claimant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
PHONG VAN TRAN trading and
doing business as
BOURBON STREET GRILL,
Owners
: No. of 2006
: MECHANICS' LIEN
MECHANIC'S LIEN CLAIM
Claimant, R & S CONSTRUCTION GROUP, LLC, through the undersigned
counsel, files this claim against the leasehold and improvements known as the Bourbon
Street Grill at 3506 Capital City Mall Drive, Lower Allen Township, Cumberland
County, Pennsylvania, for the payment of a debt due Claimant, as a contractor, for labor
and materials furnished by Claimant for remodeling and improvements to the Bourbon
Street Grill. In support of the claim the Claimant makes the following statement:
1. The owner of the leasehold and improvements is Phong Van Tran, trading and
doing business as Bourbon Street Grill at 3506 Capital City Mall Drive, Lower Allen
Township, Cumberland County, Pennsylvania.
2. The improvements and the property which are subject to this claim are a
restaurant and appurtenant land at 3506 Capital City Mall Drive, Lower Allen Township,
Cumberland County, Pennsylvania.
3. The labor and material for which the debt is due were furnished pursuant to an
agreement and change orders with Phong Van Tran owner of, which $23,216.06 is due.
4. The labor for which the debt is due consists of construction, hanging drywall,
plumbing, installation of a HVC roof unit, and improvement to the existing structure.
The labor and materials were a substantial addition to the existing structure.
5. Claimant completed the aforesaid work on or about December 23, 2005,
which is less than four (4) months before the filing of this claim. There is due and owing
a balance of $23,216.06 and claim is made therefor.
Date: 4
OLI) 6
Attorney for Claiman
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
Attorney I.D. 23705
VERIFICATION
of R & S Construction Group, LLC, hereby verify
that the statements in the foregoing Mechanic's Lien Claim are based upon information
which I have provided to my attorney. I have read the Mechanic's Lien Claim and the
allegations are true and correct to the best of my knowledge, information, and belief.
However, the language of the Mechanic's Lien Claim is that of counsel, and not my own.
To the extent that the contents of this Mechanic's Lien Claim are that of our attorney, I
have relied upon him in making this verification. I understand that the statements therein
are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn
falsification to authorities.
Date 3 20 O !o
By:
VERIFICATION
411)t-of R & S Construction Group, LLC, hereby verify
that the statements in the foregoing Mechanic's Lien Complaint are based upon
information which I have provided to my attorney. I have read the Mechanic's Lien
Complaint and the allegations are true and correct to the best of my knowledge,
information, and belief. However, the language of the Mechanic's Lien Complaint is that
of counsel, and not my own. To the extent that the contents of this Mechanic's Lien
Complaint are that of our attorney, I have relied upon him in making this verification. I
understand that the statements therein are made subject to the penalties of 18 Pa. C.S.A.
Section 4904, relating to unsworn falsification to authorities.
Date ! 9. By:
CERTIFICATE OF SERVICE
AND NOW, this _ day of May, 2006, I, Gregory R. Reed, Esquire, Attorney for
Plaintiff, does hereby certify that I have this day served by first class mail a copy of the attached
Complaint to the following address:
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, PA 17111
"A -
Gregory R. Reed, Esquir
Attorney for Plaintiff
3120 Parkview Drive
Harrisburg, Pennsylvania 17111
(717) 238-0434
Attorney I.D. 23705
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4 R & S CONSTRUCTION GROUP, LLC
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
PHONG VAN TRAN, trading and
doing business as
BOURBON STREET GRILL
Defendant
No. 1738 MLD of 2006
CIVIL ACTION
MECHANICS' LIEN
JURY TRIAL DEMANDED
ANSWER
NOW COMES the Defendant, PHONG VAN TRAN, trading and
doing business as BOURBON STREET GRILL, by and through his
attorney, Charles E. Petrie, and respectfully answers Plaintiff's Complaint
as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part and denied in part. It is admitted that the
amount of Plaintiff's claim is Twenty-three thousand two hundred sixteen
and 06/100 ($23,216.06) Dollars. It is denied that the sum owed by
Defendant to Plaintiff is this amount. The correct amount owed by
Defendant to Plaintiff is Five Thousand Dollars ($5,000.00).
WHEREFORE, Defendant respectfully requests that Your
Honorable Court dismiss Plaintiff's Complaint, or otherwise enter
judgment in favor of Plaintiff and against Defendant in the amount of
Five Thousand Dollars ($5,000.00).
Respectfully submitted,
CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, Pennsylvania 17111
(717) 561-1939
Attorney for Defendant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I verify that the statements in the foregoing Answer are true and correct.
I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
DATE PH G VAN TRAN
R & S CONSTRUCTION GROUP, LLC
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
PHONG VAN TRAN, trading and : No. 1738 MLD of 2006
doing business as : CIVIL ACTION
BOURBON STREET GRILL : MECHANICS' LIEN
Defendant : JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing Answer upon the
attorney for the Plaintiff, Gregory R. Reed, Esquire, by U.S. Mail first
class prepaid, at his law offices at 3120 Parkview Lane, Harrisburg,
Pennsylvania, by personal service on the date set forth below.
d117 /d 6/
DATE
CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Defendant
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R & S CONSTRUCTION GROUP, LLC
Plaintiff
V.
PHONE VAN TRAN, trading and
doing business as
BOURBON STREET GRILL
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1738 MW OF JWM 2006 A
CIVIL ACTION
MECHANICS' LIEN
RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
GREGORY R. REED, Esquire , counsel for the plaintiff/n the above action (or actions),
respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is: $,23 0216.06
The counterclaim of the defendant in the action is 0.00
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators:
None
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
ORDER OF COURT
AND NOW,
19----, in consideration of the
foregoing petition, Esq.,
Esq., and
actions) as prayed for.
Esq., are appointed arbitrators in the above captioned action (or
By the Court,
P.J.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01738 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
R & S CONSTRUCTION GROUP LLC
VS
TRAN PHONG VAN TDBA BOURBON ST
JASON VIORAL Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM was served upon
TRAN PHONG VAN TDBA BOURBON STREET GRILL the
OWNER , at 1100:00 HOURS, on the 29th day of March , 2006
at 3506 CAPITAL CITY MALL DRIVE
CAMP HILL, PA 17011 by handing to
FNU PREDDIN, CLERK ADULT IN CHARGE
a true and attested copy of MECHANICS LIEN CLAIM together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
So Answers:
18.00 12.32
.39
10.00 R. Thomas Kline
.00
40.71 03/30/2006
R&S CONSTRUCTION GROUP
Sworn and Subscribed to before
me this /9' day of
Aq±7 .266(r A. D.
By: ^ O
ee utyy Sheriff
Prothonotary
R & S CONSTRUCTION GROUP, LLC IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 1738 MED OF X IM 2006 1&
CIVIL ACTION
PHONE VAN TRAM, trading and ;
doing business as MECHANICS' LIEN
BOURBON STREET GRILL
Defendant
RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
GREGORY R, REED, Esquire counsel for the plaintiff/AdeQlimAnn the above action (or actions),
respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is x,3:216.06
The counterclaim of the defendant in the action is 0,00
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators:
None
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
ORDER OF COURT
AND NOW,
foregoing petition,
Esq., and
actions) as prayed
192 in consideration of the
Esq., 6. /?,
L?
are appointed arbitrators in the above captioned action (or
By Dort,
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01 Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No./.939 W i p DO
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Co onwealth and that-we will discharge the duties of our office
with fidelity. _
A
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S' I Signature Signature
JC2 h (a E. ?S1,k'
Name (Chairman)
?S2i d?'S
Law Firm
02 / Qg
Address
( ? )1// // /c? , / 70 -J/
City, Zip
-# 100114
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Name
Okl[ LAW ('FI GE-S
Law Firm
50 ? N IC-k ST
.Address.
?Aiz CsLF- P4 1-7013
City, zip
-# Iaoyy
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Name
&MA"re-4-;Vherc
Law Firm
/.In' S. Hogoasrr S'J.
Ad&*-%S
City, Zip
Award # /a3'75
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note:-If damages for delay are awarded, they shall be separa`t,ely stated.)
. Arbitrator, dissents. (Insert name if applicable.)
Date of Hearing: 7 0
Date of Award: g f 7 JbG
(Chairman)'•
y _
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Notice of Entry of Award
Now, the _ *14*' day of &pkmber, 20 _4, , at I1: 13 A .M., the above award was /
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ 0190. 00
By:
Deputy
1. ?
copies mw_(Ad
Gr?9ory Rid , E?
Sum On Tan -Deb
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01738 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
R & S CONSTRUCTION GROUP LLC
VS
TRAN PHONG VAN TDBA BOURBON ST
DOUGLAS RUZANSKI
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
TRAN PHONG VAN TDBA BOURBON STREET GRILL
was served upon
the
DEFENDANT , at 1540:00 HOURS, on the 24th day of May 2006
at 3506 CAPITAL CITY MALL DRIVE
CAMP HILL, PA 17011
LINDA YUSUF, EMPLOYEE
by handing to
ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 12.32
Postage .39
Surcharge 10.00
n, R. Thomas Kline
40.71,/ 05/25/2006
q11)31,,GREGORY REED
Sworn and Subscibed to By:
before me this day 10-e y She f
of A.D.
PRAECIPE FOR WRIT OF EXECUTION
R&S CONSTRUCTION IN THE COURT OF COMMON PLEAS OF
GROUP, LLC, CUMBERLAND COUNTY, PENNSYLVANIA
4701 Earl Drive
Harrisburg, PA Writ No. 1738 MLD Term 2006
Plaintiff
v.
PHONG VAN TRAN
90C Colonial Park Mall
Harrisburg, PA 17109
Defendant
No. 1738 MLD Term 2006
Amount due
$ 9,520.00
Interest from September 7, 2006 $ 1,500.00
Atty's Comm
And Costs
$ 0.00
$ 54.71
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) DIRECTED TO THE Sheriff of Dauphin County, Pennsylvania;
(2) against PHONG VAN TRAN Defendant(s);
(3) and against SOVEREIGN BANK, 17 West High Street, Carlisle PA 17013 Garnishee(s),
(4) and index this writ
(a) against PHONG VAN TRAN Defendant(s)
and
(b) against SOVEREIGN BANK, 17 West High Street, Carlisle, PA 17013 Garnishee(s),
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows:
(Specifically describe property and note any specific direction to Sheriff)
ALL cash, coins, checking accounts, money market accounts, saving, accounts, certificates of
deposit, bonds and/or securities at Sovereign Bank.
(5) Exemption has not been waived.
Dated
aw'w'
-41
Gregory R. Reed, Esquire
Attorney for Plaintiff
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
Attorney I.D. #23705
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-1738 MLD
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due R&S CONSTRUCTION GROUP, LLC, Plaintiff (s)
From PHONG VAN TRAM, 90C Colonial Park Mall, Harrisburg, PA 17109
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
SOVEREIGN BANK, 17 West High Street, Carlisle, PA 17013
All cash, coins, checking accounts, money market accounts, saving accounts, certificates of deposit,
bonds and/or securities at Sovereign Bank.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $9,520.00
Interest from 9/07/06 -- $1,500.00
Atty's Comm %
Atty Paid $137.42
Plaintiff Paid
Date: 2/02/09
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs $54.71
Cu is . Long, no ry
By:
Deputy
REQUESTING PARTY:
Name GREGORY R. REED, ESQUIRE
Address: 3120 PARKVIEW LANE
HARRISBURG, PA 17111
Attorney for: PLAINTIFF
Telephone: 717-238-0434
Supreme Court ID No. 237051
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2006-01738 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
R & S CONSTRUCTION GROUP LLC
VS
TRAM PHONG VAN TDBA BOURBON ST
And now SHAWN HARRISON
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0016:01 Hours, on the 6th day of February-, 2009, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
TRAN PHONG VAN
in the
hands, possession, or control of the within named Garnishee
SOVEREIGN BANK 17 SOVEREIGN BANK
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JULIE MYERS (CUSTOMER SVC MGR)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
Sworn and Subscribed to
before me this day of
true
and made
So answers-
A.
R. Thomas Kline
Sheriff of Cumberland County
02/09/2009
d
By
Deputy Sheriff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE:
R & S Construction Group, LLC
VS.
Phong Van Tran
CERTIFICATE OF SERVICE
hereby certify that on or before the date of filing the following documents(s):
Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of
Execution, Claim for Exemption Order and Claim for Exemption
I have served a copy thereof on each of the following persons in the manner
indicated below:
Service by first class mail addressed as follows:
Gregory R. Reed, Esquire
3120 Parkview Lane
Harrisburg, PA 17111
Service by certified mail addressed as follows:
Phong V Tran
317 Colonial Rd
Harrisburg, PA 17109-1536
- lpy?e
Timot y J. Cooney
C.O.P. Team Leader
Sovereign Bank
MA1 M133-02-10
2 Morrisey Boulevard
Boston, MA 02125
February 19, 2009
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Gregory R. Reed, Esquire
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
e-mail: lawoffice(c),epix. net
R & S CONSTRUCTION GROUP, LLC
Plaintiff
V.
PHONG VAN TRAN trading and
doing business as
BOURBON STREET GRILL,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
:PENNSYLVANIA
: NO. 1738 MLD of 2006
: CIVIL ACTION
: MECHANICS' LIEN
Defendant : JURY TRIAL DEMANDED
kky (? KI - - INTERROGATORIES IN ATTACHMENT
To: Sovereign Bank
(Garnishee)
You are required to file answers to the following Interrogatories within twenty
(20) days after service upon you. Failure to do so may result in a default judgment being
entered against you and/or a motion to compel ordering you to do so.
1. At the time you were served with these interrogatories or at any time after you
were served did Defendant have a personal or business checking account, savings
account, certificates of deposit, safe deposit box or anything of value whatsoever at any
bank, savings and loan or any other financial institution? If yes, state the name, address,
account number(s) and amounts of such.
ANSWER: Yes-See Attached
2. At, the time you were served or at any subsequent time was there in your
possession, custody or control or in joint possession, custody or control of yourself or one
or more other persons any property of any nature owned solely or in part by the
Defendant? If your answer is in the affirmative, please state amounts and other
particulars.
ANSWER: See answer to question #1.
3. At the time you were served or at any subsequent time, did you hold legal title
to any property of any nature owned solely or in part by the Defendant or in which
Defendant held or claimed any interest? If your answer is in the affirmative, please state
amounts and other particulars.
ANSWER: No
4. At the time you were served or at any subsequent time did you hold as
fiduciary any property in which the Defendant had an interest? If your answer is in the
affirmative, please state amounts and other particulars.
ANSWER: No
5. At any time before or after you were saved, did the Defendant transfer or
deliver any property to you or to any person or place pursuant to your direction or
consent and if so, what was the consideration therefore? If your answer is in the
affirmative, please state amounts and other particulars.
ANSWER: No
6. At any time after you were served, did you pay, transfer or deliver any money
or property to the Defendant or to any person or place pursuant to his direction or
otherwise discharge any claim of the Defendant against you? If your answer is in the
affirmative, please state amounts and other particulars.
ANSWER: No
Date: l?lZl? ,34 -Gregory R. Reed, Esquire
Attorney for Plaintiff
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
Attorney I.D. #23705
VERIFICATION
I, Timothy J. Cooney , C.O.P. Team Leader , of Sovereign Bank, hereby
verify that the statements made in the attached Interrogatories in Attachment are true and correct
to the best of my personal knowledge, information and belief. I understand that false statements
made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to
authorities.
February 19, 2009 By.
Date
ANSWERS TO INTERROGATORIES
Account # 2481119703 Balance: $13,718.63
After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this
account is $13,418.63
Account Holder: Phong V Tran
317 Colonial Rd
Harrisburg, PA 17109-1536
VERIFICATION
1, Timothy J. Cooney, C.O.P. Team Leader of Sovereign Bank, hereby verify that the
information contained in the foregoing Answers to Interrogatories in Attachment are true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094,
relating to unsworn falsification to authorities.
Sovereign Bank
By:
Timothy J. Cooney
C.O.P. Team Leader
C?'
' 1
Gregory R. Reed, Esquire
Attorney for Plaintiff
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
lawoffice@epix.net
R & S CONSTRUCTION GROUP, LLC. : IN THE COURT OF COMMON PLEAS
Plaintiff . OF CUMBERLAND COUNTY,
: PENNSYLVANIA
V. . No. 1738 MLD of 2006
PHONG VAN TRAN trading and
doing business as . CIVIL ACTION
BOURBON STREET GRILL, : MECHANICS' LIEN
Defendant
V.
SOVEREIGN BANK,
Garnishee
PRAECIPE FOR ENTRY OF JUDGMENT AGAINST GARNISHEE
To: Curt Long, Prothonotary
Pursuant to Pennsylvania Rule of Civil Procedure No. 3146 (b)(1), please enter judgment
in favor of R & S CONSTRUCTION GROUP, LLC., Plaintiff, and against SOVEREIGN
BANK, Garnishee, in the amount of Eleven Thousand Seven Hundred and 00100 ($11,700.00)
Dollars based on admissions made in Answers to Interrogations of re d in this case.
Gregory R. Ree , Esquire
Attorney for Plaintiff
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
Attorney I.D. #23705
i %
CERTIFICATE OF SERVICE
AND NOW, this X701- day of February, 2009, I, Gregory R. Reed, Esquire, Attorney
for Plaintiff, do hereby certify that I have this day served by first class mail a copy of the
attached Praecipe for Entry of Judgment Against Garnishee to the following addresses:
Phong Van Tran
317 Colonial Road
Harrisburg, PA 17109-1536
Sovereign Bank
17 West High Street
Carlisle, PA 17013
Gregory R. Reed, Esh
Attorney for Plaintiff
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
Attorney I.D. 23705
CA)
ra LA) t?
?
I[17
R. Thomas Kline, Sheriff, who being duly sworn according to law,
states this writ is returned ABANDONDID. No action has been taken in the
last six months.
Sheriff's Costs:
Docketing
Prothonotary
Mileage
Garnishee
Surcharge
Levy
Poundage
$18.00
2.50
4.50
9.00
30.00
20.00
1.68 /
$85.68
So Answers•
R. Thomas Kline, Sheriff
BY L L
Sergeant
o i
-
C-' • • II
Z 0 ,, d h - 931 boot
YU '
JjN3HS
$a. 00 C0
7/slr
4
w
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-1738 MLD
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due R&S CONSTRUCTION GROUP, LLC, Plaintiff (s)
From PHONG VAN TRAM, 90C Colonial Park Mall, Harrisburg, PA 17109
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
SOVEREIGN BANK, 17 West High Street, Carlisle, PA 17013
All cash, coins, checking accounts, money market accounts, saving accounts, certificates of deposit,
bonds and/or securities at Sovereign Bank.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $9,520.00
Interest from 9/07/06 -- $1,500.00
Atty's Comm %
Atty Paid $137.42
Plaintiff Paid
Date: 2/02/09
L.L. $.50
Due Prothy $2.00
Other Costs $54.71
- L, " ?
CurtR. Long, Pro o to
(Seal)
By:
Deputy
REQUESTING PARTY:
Name GREGORY R. REED, ESQUIRE
Address: 3120 PARKVIEW LANE
HARRISBURG, PA 17111
Attorney for: PLAINTIFF
Telephone: 717-238-0434
Supreme Court ID No. 237051