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Home My WebLink About01-5942MICHAEL A. BRESKI tJa M.B. CUSTOM HOMES AND REMODELING Claimant V= MICHAEL THERES and JUDY THERES, his wife Owners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MECHANICS' LIEN MECHANICS' LIEN CLAIM Claimant, Michael A. Breski t/a M.B. Custom Homes and Remodeling, through the undersigned counsel, files this claim against the improvements and property at 213 North Baltimore Street, Mount Holly Springs, Cumberland County, Pennsylvania for the payment of a debt due to Claimant as a contractor for labor and materials furnished by Claimant in the alteration and repair of the improvements on said property. In support of the claim, the Claimant makes the following statement: 1. The owners of the property located 213 North Baltimore Street, Mount Holly Springs, Cumberland County, Pennsylvania are Michael Theres and Judy Theres, his wife who reside at 1008 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania 17013. 2. The improvement and the property which is the subject of this claim represents alterations and repairs to the dwelling located at 213 North Baltimore Street, Mount Holly Springs, Cumberland County, Pennsylvania. 3. The labor and materials for which the debt is due were furnished for the agreed sum of $43,256.00 plus extras and additions pursuant to written contracts with the owners dated May 19, 2001 and June 23, 2001, copies of which are attached hereto and marked Exhibit A plus additional included extra items which are identified on the final invoice, a copy of which is attached hereto and marked Exhibit B. 4. The labor and materials for which the debt due consisted of the items identified on Exhibits A and B above which sets forth the charges for labor and for materials pumhased. 5. The Claimant substantially completed this work on the property on or before August 30, 2001 which is less than four months before the filing of this claim. 6. The owners have made partial payments and there is due and owing a balance of $21,667.07 less the estimated cost to complete the remaining items of $1,667.07 such that a claim is made against the owners in the amount of $20,000.00. Date: ( 0//~/0/ Respectfully Submitted, Attefneyfo~JCl~imant ( / 108-112 W I~l.La~t Street ~) Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827 2 M.B.CUSTOM HOMES AND REMODELING 4550 BERKLEY STREET HARRISBURG PA. 17109 717-541-9923 JUDY AND MICHAEL THERES 1008 PHEASANT DRIVE NORTH CARISLE PA. 17013 RE: 215 NORTH BALTIMORE STREET MOUNT HOLLY SPRINGS PA. I AM PLEASED TO PROPOSE THE FOLLOWING SPECIFICATIONS AND ESTIMATES FOR THE RENOVATIONS AT THE ADDRESS IN BOILING SPRINGS. PLEASE REVIEW THE ENCLOSED INFORMATION AND CONTACT ME AT YOUR CONVENIENCE WlTH ANY QUESTIONS YOU MAY HAVE. WE HEREBY SUBMIT SPECIFICATIONS AND FINAL BID FOR THE FOLLOWING. PERMITS AND INSPECTIONS ALL DEBRIS REMOVAL ROOF INSTALL NEW ISO BOARD SO THAT DRAINAGE SLOPES TO GUTTERS INSTALL NEW RUBBER ROOFING .060 INSTALL NEW DRIPEDGE SLAG-STOP ALONG EDGE ALL RUBBER WILL BE GLUED TO ISO BOARD REMOVE ALL SHINGLES INSTALL NEW 30LBS FELT PAPER INSTALL RIDGE VENT WHERE NEEDED INSTALL NEW 25 YEAR SHINGLES TOTAL PRICE $ 6,420.00 DINING ROOM AND STAIRCASE 12'6 X 12 TOTAL REHAB INSTALL NEW ELECTRIC OULETS PER CODE INSTALL NEW INSULATION INSTALL NEW DRYWALL INSTALL NEW MOLDINGS PRIME AND PAINT GUTTERS TOTAL PRICE $ 4,920.00 INSTALL NEW GUTTERS AND DOWNSPOUTS TOTAL PRICE $ 1,980.00 UPSTAIRS BATHROOM TOTAL REHAB INSTALL NEW ELECTRIC INSTALL NEW DRYWALL INSTALL NEW PLUMBING ROUGH INS FOR FIXTURES PRIME AND PAINT INSTALL REPLACEMENT WINDOW INSTALL NEW CERAMIC FLOORING OWNERS TO PURCHASE ALL FIXTURES OWNERS DECIDED NOT TO RAISE THE ROOF UPSTAIRS BEDROOM TOTAL REHAB INSTALL NEW ELECTRIC INSTALL NEW INSULATION INSTALL NEW DRYWALL PRIME AND PAINT INSTALL NEW MOLDINGS BATHROOM AND LAUNDRY ROOM MOVE WALL OUT INTO OLD ROOM 4X9 INSTALL NEW INSULATION INSTALL NEW ELECTRIC FOR ALL FIXTURES AND BATH INSTALL NEW PLUMBING SUPPLIES FOR ALL FIXTURES RAISE FLOOR TO MEET EXSISTING KITCHEN FLOOR OWNERS TO SUPPLY ALL FIXTURES INSTALL NEW DRYWALL PRIME AND PAINT ALL MOLDINNGS CERAMIC FLOORING INSTALL SL1DING GLASS DOORS ON REAR WALL TOTAL PRICE $ 6,030.00 TOTAL PRICE $ 4,375.00 TOTAL PRICE $ 9,845.00 KITCHEN REMOVE ALL DRYWALL NEW ELECTRIC INSTALL NEW DRYWALL INSTALL NEW PLUMBING PRIME AND PAINT INSTALL NEW PERGO FLOOR MOLDINGS REMOVE ALL CABINETS AND DISPOSE OF THEM MASTER BEDROOM UPDATE ALL OUTLETS TO CODE FRONT BEDROOM UPDATE ALL OUTLETS TO CODE TOTAL PRICE $ 6,786.00 TOTAL PRICE $ 2,900.00 TOTAL PRICE FOR THIS PROJECT $ 43,256.00 DRAWS 20% DOWN $ 8,000.00 20% AFTER ALL DEMO AND ROOF HAS BEGUN $ 8,000.00 20% AFTER ALL ROUGH INS ARE DONE $ 8,000.00 20% PAINTING IS COMPLETED $ 8,000.00 20% UPON COMPLETION $ 11,256.00 UPGRADES AND EXTRAS NO WORK SHALL BE DONE UNTIL OWNERS HAVE AGREED UPON THE PRICE INCREASE AND HAVE SIGNED THE CHANGE ORDER FORMS,ALL EXTRAS WILL BE IN WRITTEN NOTICE TO MYSELF PRIOR TO INSTALLATION OF SUCH ITEM OR ITEMS. ALL PAYMENTS SHALLBE MADE WITHIN A 30 DAY PERIOD. ANY OUTSTANDING BALANCE AT ANY GIVEN TIME SHALL BE SUBJECT TO COLLECTIONS. ACCEPTANCE OF THIS PROPOSAL YOU HEREBY AUTHORIZED M.B.CUSTOM HOMES AND REMODELING FO FURNISH ALL MATERIALS AND LABOR REQUIRED TO COMPLETE THE WORK AT THE ABOVE ADRESS. THE UNDERSIGN AGREES TO PAY THE AMOUNT MENTION IN SAID PROPOSAL, AND ACCORDING TO THE TERMS THEREOF, ANY DEFAULT IN THE PAYMENTS MAY RESULT IN ADDITIONAL COST UP TO AND INCLUDING ALL LEGAL FEES AND COURT COST. ANY ADDITIONAL COST SHALL BE ADDED ONTO THE BALANCE OF THE CONTRACT. ANY LATE PAYMENTS SHALL BE SUBJECTED TO A MONTHLY FEE OF 1.5% INTEREST PENALTY. ALL COMPLETION PAYMENTS MUST BE MADE WITHIN 20 ( TWENTY ) DAYS OF COMPLETION. MAY 19, 2001 SlGNATURES JUDY THERES MICHAEL THERES MICHAEL BRESKI M.B.CUSTOM HOMES AND REMODELING 4550 BERKLEY STREET HARRISBURG PA. 17109 717-541-9923 JUDY AND MICHAEL THERES 1008 PHEASANT DRIVE NORTH CARISLE PA. 17013 RE: 213 NORTH BALTIMORE STREET MOUNT HOLLY SPRINGS PA. 717-486-5000 BILLING UPDATE: EXTRAS MATERIALS 2945.45 PLUMBING F1XTURES 2292.36 LABOR 1900.00 TRASH DUMPSTER 450.00 TOTAL 7627.81 RETURNS -428.24 RETURNS -143.94 BALANCE DUE FOR CHANGES $7,055.63 i'~'~ THIS BILL IS FOR THE EXTRAS AS WELL AS THE FIXTURES FOR THE BATH ROOM. ANY OTHER EXTRAS SHALL BE BILL ACCORDINGLY. THANK YOU SIGNATURE SIGNATURE MICHAEL BRESKI MB. CUSTOM HOMES &ND REMODELING - SIGNATURE M.B.CUSTOM HOMES AND REMODELING 4550 BERKLEY STREET HARRISBURG PA. 17109 717-541-9923 JUDY AND MICHAEL THERES 1008 PHEASANT DRIVE NORTH CAR1SLE PA. 17013 RE: 213 NORTH BALTIMORE STREET MOUNT HOLLY SPRINGS PA. 717-486-5000 BILLING UPDATE: EXTRAS MATERIALS ( STUDS&RAFTERS ETC. ) 2945.00 PLUMBING FIXTURES 1548.88 ITEM # DESCRIPTION 145855 145860 87680 27159 100222 28632 161126 11751 145856 5991 140437 NEO ANGLE WHT WAL NEO DOOR PB CLR E BRT BRS CABLE DRA T FCT 2HDL AC T24 SHOWER POSI TEMP 11 f2ROLLERBALL S-4 T/S SGL HDL NEOST USGALL MIX NEO ANGLE WriT BASS (41936) 2PK FLATS 5X32 I~-IIRLPOOLW/ AMOUNT 145.00 RETURN 259.00 RETURN 68.00 59.00 79.00 16.74 139.00 9.25 94.00 5.22 587.00 TAX 87.67 TOTAL 1548.88 LABOR 1900.00 TOTAL RETURNS RETURNS 6393.88 -428.24 -143.94 BALANCE DUE FOR CHANGES $ 5,821.70 PAYMENTS PAYMENTS BALANCE ORIGINAL BALANCE PAYMENTS JUNE 23,2001 JULY 13,2001 ,JULY 27,2001 $ 2,555,63 $ 2,250.00 $ 1,016.07 $ 43,256.00 $ 21,000.00 TOTAL PAYMENTS RECEIVED TOTAL CHARGES INCLUDING EXTRAS $ 25,805.63 $ 49,077.70 BALANCE DUE AUG. 4, 2001 INSTALL KlTCHEN CABINETS BALANCE DUE AUG. 7, 2001 $ 23,272.07 $ 350.00 $ 23,622.07 SUBTRACT GUTTERS SUBTRACT SLIDING GLASS DOOR SUBTRACT LEVELING OF THE FLOOR $ 1,980.00 $ 625.00 $ 225.00 TOTAL AS OF AUG 8,2001 PLYWOOD AND LABOR FRONT PORCH $ 20,792.07 $ 875.00 TOTAL AS OF AUG. 30,2001 $ 21,667.07 THIS STATEMENT IS FROM THE BEGINNING OF THE PROJECT TO THE END. ALL PAYMENTS ARE NOTED AND DATES ARE GIVEN. ANY BALANCE OVER 30 DAYS WILL BE SUBJECTED TO INTEREST AS STATED IN THE CONTRACT THIS BILL IS FOR THE EXTRAS AS WELL AS THE FIXTURES FOR THE BATH ROOM. ANY OTHER EXTRAS SHALL BE BILL ACCORDINGLY. THANK YOU MICHAEL BRESKI M.B. CUSTOM HOMES AND REMODELING SIGNATURE SIGNATURE SIGNATURE VERIFICATION I verify that the statements made in the attached Mechanics Lien Claim 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. MICHAEL A. BRESKI t/a M.B. CUSTOM HOMES AND REMODELING Claimant MICHAEL THERES and JUDY THERES, his wife Owners Lawrence J. Neary Attorney at Law 108-112 Walnut Street Harrisburg, PA 17101-1609 (717) 238-4798 Fax (717) 238-4793 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 0'1-5942 MLD Term : MECHANICS' LIEN : : .. : ACCEPTANCE OF SERVICE I, Johnna J. Kopecky, Esquire, accept service of the Mechanics' Lien Claim on behalf of Michael Theres and Judy Theres, his wife, and certify that I am authorized to do SO. Date: Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 MICHAEL A. BRESKI t/a M.B. CUSTOM HOMES AND REMODELING Claimant MICHAEL THERES and JUDY THERES, his wife Owners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5942 MLD TERM MECHANICS' LIEN PRAECIPE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Claimant, Michael A. Breski t/a M.B. Custom Homes and Remodeling, in the above captioned case, pursuant to the Order of Court dated January 13, 2004, a copy of which is attached hereto and marked Exhibit A. Date: Respectfully Submitted, L~/~nce J. N~, Esqui~] 1A~t~; ~/ra ICn ~' ~ ~r; ret ~'/ Harrisburg, PA 17101-1609 (717')238-4798 (717')238-4793 ~ Fax Pa.I.D. No. 25827 MICHAEL A. BRESKI t/a M.B. CUSTOM HOMES AND REMODELING, Plaintiff V. MICHAEL THERES AND JUDY THERES, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-90 Civil Term CIVIL ACTION - LAW ORDER AND NOW, this. 13'jr'')') d a Y o f ~"'~ ~iL~ l' J._(~[_~U,,.-'" , 2004, upon consideration of the Petition of Plainti~s Counsel for Leave to ~thdraw and the Motion to Make the Rule Absolute, it is hereby ORDERED and DECREED that said petition is GRANTED and that Petitioner, Lawrence J. Neaw, Esquire, be permitted to withdraw his appearance of record for the Plaintiff, Michael A. BresM, in the above matter and in the Mechanics' Lien docket No. 0%5942 MLD. BY THE COURT: J. CERTIFICATE OF SERVICE I, Lawrence J. Neary, attorney for the Claimant, hereby certify that I have on the date shown below served a copy of the foregoing Praecipe and Order of Court dated January 13, 2004 to the persons and in the manner indicated below: UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID Michael A. Breski 4550 Berkley Street Harrisburg, PA 17109 John N. Papoutsis, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 Date: Respectfully Submitted, //~aw/renc~_ ,~. I~eary, Eso~~ A~Srney fo~laimant "-J 108-112 Walnut Street Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827 MICHAEL A. BRESKI t/a M.B. CUSTOM HOMES AND REMODELING, Claimant V. MICHAEL THERES AND JUDY THERES, his wife, Owners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5942 MLD Term MECHANICS' LIEN ENTRY OF APPEARANCE AND PRAECIPE TO SATISFY TO THE PROTHONOTARY OFCUMBERLANDCOUNTY: Please reenter my appearance on behalf of the Claimant, Michael A. Breski, t/a M.B. Custom Homes and Remodeling and as per the attached Certification, please mark the action as satisfied and all costs have been paid. Date: Respectfully Submitted, L~a~v/ence ,~. I~eary, EsoJ~e AttOrney fog C~aimant ( / 108-112 W~lflut Street ~ Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827 MICHAEL A. BRESKI t/a M.B. CUSTOM HOMES AND REMODELING, ~aimant MICHAEL THERES and JUDY THERES, his wife Owners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5942 MLD TERM MECHANICS' LIEN CERTIFICATION OF SATISFACTION OF CLAIM On October 15, 2001, Michael A. Breski t/a M.B. Custom Homes and Remodeling, filed for record in the office of the Prothonotary of Cumberland County, Commonwealth of Pennsylvania, a claim, which claim was docketed to 01-5942 MLD Term. Such claim is against property, together with the improvements thereon, owned by Michael Theres and Judy Theres, his wife, of 213 N Baltimore Street, Mount Holly Springs, PA 17065, for labor performed and materials furnished by Michael A. Breski t/a M. B. Custom Homes and Remodeling. The property covered by the claim is described as follows: 213 N Baltimore Street, Mount Holly Springs, PA 17065. On December 4, 2002, Michael Theres and Judy Theres, his wife, fully satisfied the indebtedness secured by the above-mentioned claim. In consideration of such payment, Michael A. Breski certifies that the claim is released and discharged, and authorizes and directs that the same be discharged of record. Date: Michael A. Breski COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN : ss. On this, the ~ day of ~-~//~/c~..O~..~.-- , 2004 before me, a Notary Public, the undersigned officer, personally appeared Mi¢liael A. Brsski, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~ ~;~ary-Public -~', My Commission Expires: [, CERTIFICATE OF SERVICE I, Lawrence J. Neary, attorney for the Plaintiff, hereby certify that I have on the date shown below served a copy of the foregoing Entry of Appearance and Praecipe to Satisfy to the person and in the manner indicated below: UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID John N. Papoutsis, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 Date: Respectfully Submitted, La~v~e~e J.~~, LEsq u Atterfiey for Cl,¢'~mant / 108-112 Walnut Street Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827