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Home My WebLink About06-5426 RICKY A. GARMAN T/D/B/A GARMAN REMODELING, Plaintiff, V. JERRY M. TROLINGER, UI UNG LEE, PYONG SUN LEE, VILLAGECRAFT FACTORY DIRECT, INC., AND VILLAGECRAFT CONTRACT FURNISHINGS, L.P., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06- PV-2(k, CIVIL TERM MECHANICS LIEN RICKY A. GARMAN T/D/B/A GARMAN REMODELINGS MECHANICS LIEN AGAINST JERRY M. TROLINGER, UI UNG LEE, PYONG SUN LEE, VILLAGECRAFT FACTORY DIRECT INC., AND VILLAGECRAFT CONTRACT FURNISHINGS L.P. 1. The Claimant is Ricky A. Garman, t/d/b/a Garman Remodeling, (hereinafter "Garman") of 14 Church Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Pursuant to 49 P.S. section 1201 (4), Garman files its Mechanics Lien claim as a contractor in this case. 3. The owners of the real estate subject to this Mechanics Lien are Ui Ung Lee and Pyong Sun Lee, (hereinafter "Lees") with an address of 501 Park Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. Jerry M. Trolinger (hereinafter "Trolinger") is an adult individual currently residing at 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 5. VillageCraft Factory Direct Inc., is a Pennsylvania Corporation with its registered office address at 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 6. VillageCraft Contract Furnishings, L.P. is a Pennsylvania limited partnership with a registered office address of 1446 Holly Pike, Carlisle, Cumberland County, Pennsylvania 17013. 7. Trolinger entered into a contract for remodeling work of the structure at 1446 Holly Pike, Carlisle, Cumberland County, Pennsylvania with Garman. 8. Pursuant to the contract, Garman was to provide renovation services at the property, including partial demolition and reconstruction of the structure on the property. 9. To date, Garman has performed services and Trolinger has refused and failed to pay for services totaling $74,778.81, the balance due for all services performed and material provided under the contract to the date of termination of services. 10. The work performed by Garman was for the immediate use and benefit of Lees, VillageCraft Contract Furnishings, L.P., VillageCraft Factory Direct Inc., VillageCraft Quality Furnishings, and VillageCraft Contract Furnishings Inc. 11. Upon information and belief, Lees executed a written acknowledgement of the work to be performed by Garman prior to commencement of the work, or in the alternative, authorized Trolinger to commerce and proceed with the work with the understanding that the real estate owned by Lees would benefit through increased value by the renovations to be performed. 12. VillageCraft Contract Furnishings, L.P., VillageCraft Factory Direct Inc., VillageCraft Quality Furnishings, and VillageCraft Contract Furnishings Inc. are business entities, which, through their principals, had knowledge of and acknowledgement of the work to be performed with the intention of benefiting from the renovation work to be performed and contracted for between Trolinger and Garman. 13. To the date here of Trolinger, Lees, VillageCraft Contract, L.P., VillageCraft Factory Direct Inc., VillageCraft Quality Furnishings, and VillageCraft Contract Furnishings Inc., have failed and refused to pay Garman the balance due and owing under the contract of $74,778.81. 14. A description to the property subject to the claim is more fully described in Exhibit "A" which is attached hereto and incorporated herein as hereby reference. Respectfully Submitted, 36 Date a iffie, squire t e or Plaj tiff 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 VERIFICATION I verify that the statements made in the foregoing Ricky A. Garman T/D/B/A Garman Remodelings Mechanics Lien against Jerry M. Trolinger, Ui Ung Lee, Pyong Sun Lee, VillageCraft Contract, L.P., VillageCraft Factory Direct Inc., VillageCraft Quality Furnishings, and VillageCraft Contract Furnishings Inc., 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 falsifications to authorities. 0 DATE: f I3 0 ca C RICKY A. ARMAN DESCRIPTION All that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as Lot 3a according to Final Subdivision Plan for Leo's Dairy, prepared by Douglas S. Brehm, P.L.S., of Statler-Brehm Associates, Inc., dated April 20, 1994 and recorded in Cumberland County Plan Book 68, Page 83. Being a the same premises which Leonard S. Leo, a married man by his deed dated August 25, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 110, page 929, granted and conveyed unto Ui Ung Lee and Pyong Sun Lee. Being known and numbered as 1446 Holly Pike, Carlisle, Cumberland County, Pennsylvania. EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICKY A. GARMAN t/d/b/a GARMAN REMODELING, NO. 2006-5426 CIVIL TERM Plaintiff, V. CIVIL ACTION - LAW MECHANICS' LIEN JERRY M. TROLINGER; UI UNG LEE; PYONG SUN LEE; VILLAGECRAFT FACTORY DIRECT, INC., and VILLAGECRAFT CONTRACT FURNISH- INGS, L.P., Defendants. : PRAECIPE FOR ENTRY OF APPEARANCE TO: Prothonotary, Cumberland County Court of Common Pleas Kindly enter the appearance of the undersigned in this action as counsel of record for Defendants JERRY M. TROLINGER, VILLAGECRAFT CONTRACT FURNISHINGS, L.P., and VILLAGECRAFT FACTORY DIRECT, INC. / I Dated this `?( day of October, 2006. PALLO LUCCHESI LAW OFFICES, LLC Faith M. Lucchesi ID No. 86323 1368 South Atherton Street State College, PA 16801 Phone: 814.237.1951 Fax: 814.689.1759 Faith(a',2LawDogs.com J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICKY A. GARMAN t/d/b/a GARMAN REMODELING, NO. 2006-5426 CIVIL TERM Plaintiff, CIVIL ACTION - LAW V. JERRY M. TROLINGER; UI UNG LEE; PYONG SUN LEE; VILLAGECRAFT FACTORY DIRECT, INC., and VILLAGECRAFT CONTRACT FURNISH- INGS, L.P., MECHANICS' LIEN Defendants. CERTIFICATE OF SERVICE I certify that a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE has been served upon the Plaintiff by placing the same in the United States Postal Service, postage paid, first-class mail, properly addressed, this ? day of October, 2006, to: Bradley L. Griffie, Esq. Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 PALLO LUCCHESI LAW OFFICES, LLC Lt C" 1?'tln Faith M. Lucchesi Attorney for Defendants Jerry M. Trolinger, et al. ID No. 86323 1368 South Atherton Street State College, PA 16801 Phone: 814.237.1951 Fax: 814.689.1759 Faith(m'2LawDo s com ?.a _ 1 i E 1::a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICKY A. GARMAN t/d/b/a GARMAN REMODELING, : NO. 2006-5426 CIVIL TERM Plaintiff, CIVIL ACTION - LAW V. MECHANICS' LIEN JERRY M. TROLINGER; UI UNG LEE; PYONG SUN LEE; VILLAGECRAFT FACTORY DIRECT, INC., and VILLAGECRAFT CONTRACT FURNISH- INGS, L.P., Defendants. PRELIMINARY OBJECTIONS TO PLAINTIFF'S MECHANICS' LIEN AGAINST JERRY M. TROLINGER, UI UNG LEE, PYONG SUN LEE, VILLAGECRAFT FACTORY DIRECT INC.; AND VILLAGECRAFT CONTRACT FURNISHINGS, L.P. Pursuant to Pa. R.C.P. No. 1028, Defendants Jerry M. Trolinger, VillageCraft Contract Furnishings, L.P., and VillageCraft Factory Direct, Inc., preliminarily object to the Plaintiff's Mechanics' Lien as follows: 1. This lien has been filed as a result of work purportedly performed on leasehold premises. A. The Lien Has Been Filed Against Persons or Entities Who Are Not Proper Parties. 2. Named and served as Defendants on the Lien are persons or entities who (a) are neither owners nor leaseholders of the property; and (b) were not parties to the contract for improvements to the leased premises out of which this claim arose. WHEREFORE, it is respectfully requested that Plaintiff's Mechanics' Lien be dismissed as to all improper defendants, and that all fees incurred for the filing thereof be charged against Plaintiff. Dated this /?- day of October, 2006. PALLO LUCCHESI LAW OFFICES, LLC Faith M. Lucchesi Attorney for Defendants Jerry M. Trolinger, VillageCraft Contract Furnishings, L.P., and VillageCraft Factory Direct, Inc. ID No. 86323 1368 South Atherton Street State College, PA 16801 Phone: 814.237.1951 Fax: 814.689.1759 Faithrw2LaWDO sg com 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICKY A. GARMAN t/d/b/a GARMAN REMODELING, NO. 2006-5426 CIVIL TERM Plaintiff, : CIVIL ACTION - LAW V. MECHANICS' LIEN JERRY M. TROLINGER; UI UNG LEE; PYONG SUN LEE; VILLAGECRAFT FACTORY DIRECT, INC., and VILLAGECRAFT CONTRACT FURNISH- INGS, L.P., Defendants. CERTIFICATE OF SERVICE I certify that a copy of the foregoing PRELIMINARY OBJECTIONS TO PLAINTIFF'S MECHANICS' LIEN AGAINST JERRY M. TROLINGER, UI UNG LEE, PYONG SUN LEE, VILLAGECRAFT FACTORY DIRECT, INC., AND VILLAGECRAFT CONTRACT FURNISHINGS, L.P., has been served upon the Plaintiff by placing the same in the United 71?_ States Postal Service, postage paid, first-class mail, properly addressed, this day of October, 2006, to: Bradley L. Griffie, Esq. Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 3 PALLO LUCCHESI LAW OFFICES, LLC 4C??2 ?C C" Faith M. Lucchesi Attorney for Defendants Jerry M. Trolinger, et al. ID No. 86323 1368 South Atherton Street State College, PA 16801 Phone: 814.237.1951 Fax: 814.689.1759 Faith((( ,MawDo sg corn 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICKY A. GARMAN t/d/b/a GARMAN REMODELING, NO. 2006-5426 CIVIL TERM Plaintiff, : CIVIL ACTION - LAW V. MECHANICS' LIEN JERRY M. TROLINGER; UI UNG LEE; PYONG SUN LEE; VILLAGECRAFT FACTORY DIRECT, INC., and VILLAGECRAFT CONTRACT FURNISH- INGS, L.P., Defendants. NOTICE TO PLEAD TO: RICKY A. GARMAN t/d/b/a GARMAN REMODELING You are hereby notified that you must file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Dated this -? day of October, 2006. PALLO LUCCHESI LAW OFFICES, LLC Faith M. Lucchesi Attorney for Defendants Jerry M. Trolinger, et al. ID No. 86323 1368 South Atherton Street State College, PA 16801 Phone: 814.237.1951 Fax: 814.689.1759 Faith@2LawDo sg com RICKY A. GARMAN T/DB/A GARMAN REMODELING, Plaintiff, V. JERRY M. TROLINGER, UI UNG LEE, PYONG SUN LEE, VILLAGECRAFT FACTORY DIRECT, INC., AND VILLAGECRAFT CONTRACT FURNISHINGS, L.P., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06-0 v CIVIL TERM MECHANICS LIEN PARTIAL RELEASE/SATISFACTION OF LIEN TO THE PROTHONOTARY: Please mark the above captioned Mechanics Lien as Satisfied or Released as against Jerry M. Trolinger, individually, and VillageCraft Factory Direct Inc. Respectfully Submitted, CL ('a?% 6 7 Date Ida rHan e, Esquire o y ntiff 2 0 No ver Str eet Carlisle, PA 17013 (717)243-5551 (800)347-5552 z' y'.: ` N 1, RICKY A. GARMAN T/DB/A GARMAN REMODELING, Plaintiff, V. JERRY M. TROLINGER, UI UNG LEE, PYONG SUN LEE, VILLAGECRAFT FACTORY DIRECT, INC., AND VILLAGECRAFT CONTRACT FURNISHINGS, L.P., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-5426 CIVIL TERM PRAECIPE TO MARK MECHANICS LIEN SATISFIED TO THE PROTHONOTARY: Please kindly mark the docket and Mechanics Lien in this matter satisfied in full. Respectfully submitted, DATE: o? f ' ,Esquire B ?yyforPlaintiff A to 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 4l? [ _l 1? ??c? ?? ii .? „`.. d_? Vv ? e (??+, ?: -"'w.u? -. V?'r? ,`? W ?? ?e'? ... ?? ???..?.?.?p -'S ??