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HomeMy WebLinkAbout08-3249BUILDER SERVICES GROUP, INC., d/b/a American Baltimore Homes Insulation, 2312 Eskow Avenue, Baltimore, MD 21227, Claimant V. ALTIERI ENTERPRISES, INC., 9017 Red Branch Road, Suite #201, Columbia, MD 21045, Record Owner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. b8 - 3aq9 M LD Mechanics' Lien NOTICE OF FILING TO: ALTIERI ENTERPRISES, INC. 9017 Red Branch Road, Suite 201 Columbia, MD 21045 Take notice that a mechanics' lien for the sum of $2,589.04, together with lawful interest has been filed against you and against the following premises: Lot 12, Foxwood Boulevard, Mechanicsburg, Pennsylvania, Cumberland County, Pennsylvania (Parcel I.D. No. 38-08-0565- 106) for time and construction materials furnished by Claimant in the performance of construction services to a home at Lot 12, Foxwood Boulevard, Mechanicsburg, Pennsylvania. Said mechanics' lien was filed on the 23rd day of May, 2008, and the same appears of record in the Court of Common Pleas No. 09-Aa4i of the County of Cumberland, as of Mav 93 , 2008, No. M.L.D. A true and correct copy of the Mechanics' Lien Claim is attached to this Notice. Dated: rj ?3 2,0 S ILL P.C. By Evan C. Pappas, I.D. #2001 P.O. Box 88 Harrisburg, Pennsylvania 17108 (717) 763-1121 Attorney for Claimant BUILDER SERVICES GROUP, INC., d/b/a American Baltimore Homes Insulation, 2312 Eskow Avenue, Baltimore, MD 21227, Claimant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Of- Mechanics' Lien ALTIERI ENTERPRISES, INC., 9017 Red Branch Road, Suite #201, Columbia, MD 21045, Record Owner MECHANICS' LIEN CLAIM Claimant, Builder Services Group, Inc., d/b/a American Baltimore Homes Insulation, by and through the undersigned counsel, pursuant to the Mechanics' Lien Law, 49 P.S. §§1502 and 1503, files this Mechanics' Lien Claim ("Claim") as a Contractor against Altieri Enterprises, Inc., the Owner, and against the building and premises described in this Claim for the debt of $2,589.04, due to it as the contractor for the improvements provided for the property located at Foxwood Boulevard, Lot 12, Mechanicsburg, Cumberland County, Pennsylvania. In support of this Claim, the Claimant makes the following statement: 1. The Claimant/Contractor is Builder Services Group, Inc., d/b/a American Baltimore Homes Insulation ("Claimant"), with a registered business address of 2312 Eskow Avenue, Baltimore, MD 21227. 2. The Record Owner ("Owner") of the property is Altieri Enterprises, Inc., with a business address of 9017 Red Branch Road, Suite 201, Columbia, MD 21045. 3. The improvements and the property which are subject to this Claim are located at Lot 12, Foxwood Boulevard, Mechanicsburg, Pennsylvania, Cumberland County, Pennsylvania (Parcel I.D. No. 38-08-0565-106). See 2004 Cumberland County Tax Assessment Database results attached hereto as Exhibit "A." 4. The labor and materials for which the debt is due were furnished pursuant to an oral agreement between Owner and Claimant. 5. The labor and materials furnished by Claimant were for time and construction materials furnished by it for the performance of construction services on a home located at Lot 12, Foxwood Boulevard, Mechanicsburg, Pennsylvania (hereinafter the "Property"). 6. Claimant performed the installation of batt/blow insulation at the Property on or about November 21, 2007 for the invoice amount of $1,122.50. See copy of invoice attached hereto as Exhibit "B." 7. Claimant performed the installation of a fireplace at the Property on or about November 30, 2007 for the invoice amount of $1,216.54. See copy of invoice attached hereto as Exhibit "C." 9. Claimant performed the installation of a fireplace mantel at the Property on or about January 18, 2008, for the invoice amount of $250.00. See copy of invoice attached hereto as Exhibit "D." 10. The Claimant completed its work at the Property on or about January 18, 2008, which is less than six (6) months before the filing of this Claim. 11. There is due and owing a balance of Two Thousand Five Hundred Eighty-Nine Dollars and 04/100 ($2,589.04), together with interest for which this Claim is made. WHEREFORE, Claimant requests this Honorable Court to enter a Mechanics' Lien Claim in its favor against Altieri Enterprises, Inc. and against the building and premises located at Lot 12, Foxwood Boulevard, Mechanicsburg, Cumberland County, Pennsylvania in the amount of $2,589.04. Dated: 4-7- Y-Z0-C5;z 211368 S IAMS By Evan C. Pappas, I.D. #200103 P.O. Box 88 Harrisburg, Pennsylvania 17108 (717) 763-1121 Attorney for Claimant TaxDB Result Details Detailed Results for Parcel 38-08-0565-106 DistrictNu 38 Parcel-ID', 38-08-0565-106. 1lapsuffix I ouseNo P Direction gfy&f FOXWOOD BOULEVARD ""t"' ALTIERI ENTERPRISES INC CICI! E?oT? f?e?: _ L l t~u?v:andP?itlF 53760 ciie °6tvaf 53760 ?'fur)E?' ?'' Are"w? .34 4'„ 44 1 t so J D@edBkPag#. 00272-01496 HF_File^D21e HT AppraFai Status' littp://taxdb.ccpa.net/details.asp'?id=3 8-08-0565-106.&dbselect= in the 2004 Tax Assessment Database Exhibit 1 of 1 5/20/2008 9:30 AM AMERICAN/BALTIMORE HOMES A MASCO COMPANY 2312 ESKOW AVENUE BALTIMORE, MD 21227 (P)410-242-7785 (F) 410-247-1185 INVOICE DATE: 01118108 P.O. NUMBER: ALTIERI ENTERPRISES INC. ORDER DATE: 11121107 9 017 RED BRANCH RD. SALESMAN: TONY RUSTED SUITE #201 CUSTOMER #: 629ALTI COLUMBIA MD 21045-0000 PLAN: SEQUENCE #: 63240563 BLOCK: DEPARTMENT: INSULATION SALES-CUST LOT. 12 PROJECT: 12 FOXWOOD/BTBL PHASE: RP INSTALLED BATT / BLOW INSULATION BASE: $4650.00 2' FAM.RM. EXT.: $260.00 ORIGINAL AMOUNT 3527.50 WE APPREICATE YOUR BUSINESS! TOTAL CXANGS ORDERS 0.00 TOTAL SALES TAX 0.00 FULL CONTRACT AMOUNT 3527.50 COMPLETE TO DATA 1122.50 LESS PREVIOUS BILLING 0.00 INVOICE AMOUNT 1122.50 SALES TAX 0.00 --- REMITTANCE COPY --- PROJECT: 12 FOXWOOD/BTBL Please Return This Part With Your Payment To: INVOICE #: 0030242BL INVOICE DATE: 01118108 P. 0. PJUMBER : ORDER DATE: 11/21/07 CUSTOMER #: 623ALTI AMOUNT DUE: 1122.50 AMERICAIJ/BALTIMORE HOMES P.O. BOX HARRISBURG, PA 17111 F V hi bit AMERI CAN/BALTXMORE HOMES A MASCO COMPANY 2312 ESKOW AVENUE BALTIMORE, M 21227 (P)410-242-7785 (F) 410-247-1185 INVOICE DATE: 01118108 P.O. NUMBER: ALTIERI ENTERPRISES INC. ORDER DATE: 11/30/07 9 017 RED BRANCH RD. SALESMAN: TONY RUSTED SUITE x#201 CUSTOMER #: 629ALTI COLUMBIA MD 21045-0000 PLAN: SEQUENCE #: 63121654 BLOCK: DEPARTMENT: FIREPLACE GAS LOT: 12 PROJECT: 12 FOXWOOD/FP PHASE: RP INSTALLED FIREPLACE WE APPREICATE YOUR BUSINESS! ORIGINAL AMOUNT TOTAL CHANGE ORDERS TOTAL SALES TAX FULL CONTRACT AMOUNT COMPLETE TO DATE LESS PREVIOUS BILLING INVOICE AMOUNT 1216.54 0.00 0.00 1216.54 1216.54 0.00 1216.54 SALES TAX 0.00 --- REMITTANCE COPY --- PROJECT: 12 FOXWOOD/FP Please Return This Part With Your Payment To: INVOICE #: 0030330FX INVOICE DATE: 01118108 P.O. NUMBER: ORDER DATE: 11/30/07 CUSTOMER #: 629ALTI AMOUNT DUE: 1216.54 AMERICAN/BALTIMORE HOMES P.O. BOX 4881 ?.Vt?"!nIbit HARRISBURG, , PA 17111 AMERX CAN/BALTXMORE HOMES A MASCO COMPANY 2312 ESKOW AVENUE BALTIMORE, MD 21227 (P)410-242-7785 (F) 410-247-1185 INVOICE DATE: 01128108 P. O. NU?dBZR: ALTIERI ENTERPRISES INC. ORDER DATE: 01118108 9 017 RED BRANCH RD. SALESMAN: TONY RUSTED SUITE #201 CUSTOMER #: 629ALTI COLUMBIA MD 21045-0000 PLAN: SEQUENCE #: 6325063 BLOCK: DEPARTMENT: FIREPLACE MANTEL/SURR LOT: 12 PROJECT: 12 FOXWOOD/MT PHASE: AR INSTALLED MANTEL ORIGINAL AMOUNT 250.00 WE APPREICATE YOUR BUSINESS! TOTAL CHANGB ORDERS 0.00 TOTAL SALES TAX 0.00 FULL CONTRACT AMOUNT 250.00 COMPLETE TO DATE 250.00 LESS PREVIOUS BILLING 0.00 INVOICE AMOUNT 250.00 SALES TAX 0.00 --- REMITTANCE COPY --- PROJECT: 12 FOXWOOD/MT Please Return This Part With Your Payment To: INVOICE #: 0030909MT INVOICE DATE: 01128108 P.O. NUMBER: ORDER DATE: 01118108 CUSTOMER #: 629ALTI AMOUNT DUE: 250.00 AMERICAN/BALTIMORE HOMES P.O. BOX HARRISBURG, PA 17111 Exhibit 7177631457 SHUMAKEP, WILLIAMS PAG-- ,2 VERIEICA TION The undersigned, Wayne Blosser, hereby verifies and states that: 1. He is the President of Builder Services Group, Inc. dlb/a American Baltim re j:lomes Insulation, the Claimant/Contractor herein. 2. He is authorized to make this Vera fitcatiQn on its behalf; • The facts set forth in the forwizig Mechanics' Lien Claim are true and correct to ie best of his knowled.gc, information and belief. BUILDER SERVICES GROUP, INC., dlb/a American Baltimore Homes Insulation I)ated: 5/1-ttL-1151 Wayne Bl ,se , Bratxch Manager Z N C7 l.) i_. y =l w 7fy ? r ?? -? 1r 111<< Q-0 17 ? v ? Yy ` BUILDER SERVICES GROUP, INC., IN THE COURT OF COMMON PLEAS OF d/b/a American Baltimore Homes CUMBERLAND COUNTY, PENNSYLVANIA Insulation, 2312 Eskow Avenue, Baltimore, MD 21227, Claimant V. ALTIERI ENTERPRISES, INC., 9017 Red Branch Road, Suite #201, Columbia, MD 21045, Record Owner No. 08-3249 MLD Mechanics' Lien AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS. I, Michele A. Connor, being duly sworn according to law depose and say that on May 23, 2008, I caused a Notice of Filing/Mechanics' Lien Claim to be served upon Altieri Enterprises, Inc., Record Owner, by depositing a true and correct copy of the same in the possession of the United States mail, certified mail, return receipt requested, addressed at 9017 Red Branch Road, Suite #201, Columbia, MD 21045. The Notice of Filing/Mechanics' Lien Claim was received by Altieri Enterprises, Inc. on or about May 27, 2008. A copy of the signed return receipt card is attached hereto. Dated: (0131 ?? Sworn t9 and subscribed before me this ,?Yf day ofJ:]Tc r)f , 2008. rq . ?Ao Notary Public :211719 qTuL" a CMichele A. Connor COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kelly L Troutman, Notary Pubic Camp Fig eoro, Cumberland Czurdy My Commission Expires June 142006 Member, Pennsylvania Association Of Notaries r" `' ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attgch this card to the back of the mailpiece, or on the front if space permits. A. ' ? Agent ? Ad*vno C. Date of [)Mary 1. Article Addressed to. Altieri Enterprises, Inc. 9017 Red Branch Road, Suite #201 Columbia, MD 21045 D. Is delivery 1 ? Yes If YES, enter ? No la 3. Sere Type E C dfied Mall ?EVr° Mail e ? Registered G4!k um Receipt for Mrchndles ? Insured Mall ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. AiWe Number 7006 2150 0003 8540 1530 Mansfer from servke lew PS Form 3811, February 20134 t?ornuAfc Return Pi ipt 102595.02-M-1540 C'? r`,, ?:.? ?__... i f l '1`3 ? f f?"; i W ?? ?'y'7 °Sw' ? _ ? r:'. .» .? ,? ? ?x ? BUILDER SERVICES GROUP, INC., d/b/a American Baltimore Homes Insulation, 2312 Eskow Avenue, Baltimore, MD 21227, Plaintiff V. ALTIERI ENTERPRISES, INC., 9017 Red Branch Road, Suite #201, Columbia, MD 21045, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3249 MLD Mechanics' Lien NOTICE 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 Plaintiff. 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 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n 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 acci6n 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 contra soya 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 (800) 990-9108 Dated: ?/ t S Zf By appas, I.D.# 200103 an P P.O. Box 88 Harrisburg, PA 17108 (717) 909-1655 Attorneys for Plaintiff SHUMAKE ILL , P.C. BUILDER SERVICES GROUP, INC., IN THE COURT OF COMMON PLEAS OF d/b/a American Baltimore Homes CUMBERLAND COUNTY, PENNSYLVANIA Insulation, 2312 Eskow Avenue, Baltimore, MD 21227, ; Plaintiff : V. No. 08-3249 MLD Mechanics' Lien ALTIERI ENTERPRISES, INC., 9017 Red Branch Road, Suite #201, Columbia, MD 21045, Defendant COMPLAINT AND NOW COMES Plaintiff, Builder Services Group, Inc., d/b/a American Baltimore Homes Insulation, by and through its counsel, Shumaker Williams, P.C., pursuant to the Mechanics' Lien Law of 1963, 49 P. S. §§1101, et M. and following the entry of a Claim, to state the following: 1. Plaintiff, Builder Services Group, Inc., d/b/a American Baltimore Homes Insulation is a Maryland corporation with a business address of 2312 Eskow Avenue, Baltimore, MD 21227. 2. Defendant, Altieri Enterprises, Inc., is a Maryland corporation with a business address of 9017 Red Branch Road, Suite 201, Columbia, MD 21045. 3. On or about May 23, 2008, Plaintiff filed a Mechanics' Lien Claim for payment of improvements consisting of labor and construction materials performed by Plaintiff, Docket No. 2008-3249 MD. A copy of the Mechanics' Lien Claim is attached hereto as Exhibit "1." COUNTI Breach of Contract 4. Paragraphs 1 through 3 above are incorporated herein by reference as if set forth at length. 5. Plaintiff and Defendant entered into an oral agreement, whereby Plaintiff would provide labor and construction materials at a property located at Lot 12, Foxwood Boulevard, Mechanicsburg, Pennsylvania, Cumberland County, Pennsylvania (the 'Property"). 6. Plaintiff performed the installation of batt/blow insulation at the Property on or about November 21, 2007, for the invoice amount of $1,122.50. See copy of invoice attached to the Mechanics' Lien Claim as Exhibit "B." 7. Plaintiff performed the installation of a fireplace at the Property on or about November 30, 2007, for the invoice amount of $1,216.54. See copy of invoice attached to the Mechanics' Lien Claim as Exhibit "C." 9. Plaintiff performed the installation of a fireplace mantel at the Property on or about January 18, 2008, for the invoice amount of $250.00. See copy of invoice attached to the Mechanics' Lien Claim as Exhibit "D." 10. Plaintiff furnished and completed its work at the Property on or about January 18, 2008. 11. Defendant failed to honor its agreement with Plaintiff by failing to pay Plaintiff the full amount due to it, Two Thousand Five Hundred Eighty-Nine Dollars and 04/100 ($2,589.04). 12. Defendant breached the terms of the agreement by failing to pay Plaintiff. 2 13. Plaintiff has suffered damages in the amount of $2,589.04 due to Defendant's breach of contract. WHEREFORE, Plaintiff Builder Services Group, Inc. d/b/a American Baltimore Homes Insulation requests this Honorable Court to award judgment in its favor and against Defendant Altieri Enterprises, Inc. in the amount of $2,589.04 plus attorneys' fees, interest, costs, and any other relief this Court deems appropriate. COUNT II Ouantum Meruit 14. Paragraphs 1 through 13 above are incorporated herein by reference as if set forth at length. 15. Based upon the averments set forth in Count I, Plaintiff has furnished labor and construction materials to Defendant according to their oral agreement. 16. Defendant has received the benefit of Plaintiff's services. 17. Defendant has failed to pay Plaintiff the amount of $2,589.04 for the labor and construction materials provided by Plaintiff. 18. Plaintiff is entitled to be paid for the reasonable value of the services it rendered to Defendant and which remain unpaid at this time. WHEREFORE, Plaintiff Builder Services Group, Inc. d/b/a American Baltimore Homes Insulation requests this Honorable Court to award judgment in its favor and against Defendant Altieri Enterprises, Inc. in the amount of $2,589.04 plus attorneys' fees, costs, interest, and any other relief this Court deems appropriate. 3 COUNT III Uniust Enrichment 19. Paragraphs 1 through 18 above are incorporated herein by reference as if set forth at length. 20. As stated in the previous averments, Plaintiff and Defendant entered into an oral agreement wherein Plaintiff would provide labor and construction material services on the Property for Defendant. 21. Plaintiff has performed these services for Defendant. 22. Defendant has refused and continues to refuse to pay Plaintiff for such services. 23. Defendant has received the benefit of the services provided by Plaintiff. 24. Based upon the foregoing, Defendant has been unjustly enriched at the expense of Plaintiff. WHEREFORE, Plaintiff Builder Services Group, Inc. d/b/a American Baltimore Homes Insulation requests this Honorable Court to award judgment in its favor and against Defendant Altieri Enterprises, Inc. in the amount of $2,589.04 plus attorneys' fees, costs, interest, and any other relief this Court deems appropriate. Dated: 4? L 15par5s SHUMAI WILLIAM By Evan C. Pappas, I.D. #558 P.O. Box 88 Harrisburg, Pennsylvania 17108 (717) 763-1121 213875 Attorneys for Plaintiff 4 BUILDER SERVICES GROUP, INC., IN THE COURT OF COMMON PLEAS OF d/b/a American Baltimore Homes CUMBERLAND COUNTY, PENNSYLVANIA Insulation, 2312 Eskow Avenue, Baltimore, MD 21227, : Claimant V. ALTIERI ENTERPRISES, INC., 9017 Red Branch Road, Suite #201, Columbia, MD 21045, Record Owner : No. 08- 3,249 M LD Mechanics' Lien NOTICE OF FILING TO: ALTIERI ENTERPRISES, INC. 9017 Red Branch Road, Suite 201 Columbia, MD 21045 C? ? p _n r^ Take notice that a mechanics' lien for the sum of $2,589.04, together with lawful interest has been filed against you and against the following premises: Lot 12, Foxwood Boulevard, Mechanicsburg, Pennsylvania, Cumberland County, Pennsylvania (Parcel I.D. No. 38-08-0565- 106) for time and construction materials furnished by Claimant in the performance of construction services to a home at Lot 12, Foxwood Boulevard, Mechanicsburg, Pennsylvania. Said mechanics' lien was filed on the 23rd day of May, 2008, and the same appears of record in the Court of Common Pleas No. OB- -U49 of the County of Cumberland, as of MA11 ' , 2008, No. M.L.D. A true and correct copy of the Mechanics' Lien Claim is attached to this Notice. z S W- Evan P.CDated: By ----------------- - ------------------- C. Pappas, I.D. #2001'03 P.O. Box 88 Harrisburg, Pennsylvania 17108 (717) 763-1121 Attorney for Claimant Exhibit - I BUILDER SERVICES GROUP, INC., d/b/a American Baltimore Homes Insulation, 2312 Eskow Avenue, Baltimore, MD 21227, Claimant V. ALTIERI ENTERPRISES, INC., 9017 Red Branch Road, Suite #201, Columbia, MD 21045, Record Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Mechanics' Lien MECHANICS' LIEN CLAIM Claimant, Builder Services Group, Inc., d/b/a American Baltimore Homes Insulation, by and through the undersigned counsel, pursuant to the Mechanics' Lien Law, 49 P.S. §§1502 and 1503, files this Mechanics' Lien Claim ("Claim")? as a Contractor against Altieri Enterprises, Inc., the Owner, and against the building and premises described in this Claim for the debt of $2,589.04, due to it as the contractor for the improvements provided for the property located at Foxwood Boulevard, Lot 12, Mechanicsburg, Cumberland County, Pennsylvania. In support of this Claim, the Claimant makes the following statement: 1. The Claimant/Contractor is Builder Services Group, Inc., d/b/a American Baltimore Homes Insulation ("Claimant"), with a registered business address of 2312 Eskow Avenue, Baltimore, MD 21227. 2. The Record Owner ("Owner") of the property is Altieri Enterprises, Inc., with a business address of 9017 Red Branch Road, Suite 201, Columbia, MD 21045. 3. The improvements and the property which are subject to this Claim are located at Lot 12, Foxwood Boulevard, Mechanicsburg, Pennsylvania, Cumberland County, Pennsylvania (Parcel I.D. No. 38-08-0565-106). See 2004 Cumberland County Tax Assessment Database results attached hereto as Exhibit "A." 4. The labor and materials for which the debt is due were furnished pursuant to an oral agreement between Owner and Claimant. 5. The labor and materials furnished by Claimant were for time and construction materials furnished by it for the performance of construction services on a home located at Lot 12, Foxwood Boulevard, Mechanicsburg, Pennsylvania (hereinafter the "Property"). 6. Claimant performed the installation of batt/blow insulation at the Property on or about November 21, 2007 for the invoice amount of $1,122.50. See copy of invoice attached hereto as Exhibit "B." 7. Claimant performed the installation of a fireplace at the Property on or about November 30, 2007 for the invoice amount of $1,216.54. See copy of invoice attached hereto as Exhibit "C." 9. Claimant performed the installation of a fireplace mantel at the Property on or about January 18, 2008, for the invoice amount of $250.00. See copy of invoice attached hereto as Exhibit "D." 10. The Claimant completed its work at the Property on or about January 18, 2008, which is less than six (6) months before the filing of this Claim. 11. There is due and owing a balance of Two Thousand Five Hundred Eighty-Nine Dollars and 04/100 ($2,589.04), together with interest for which this Claim is made. WHEREFORE, Claimant requests this Honorable Court to enter a Mechanics' Lien Claim in its favor against Altieri Enterprises, Inc. and against the building and premises located at Lot 12, Foxwood Boulevard, Mechanicsburg, Cumberland County, Pennsylvania in the amount of $2,589.04. Dated: S--I 2 S i rC IAMS By Evan C. Pappas, LD. #200163 P.O. Box 88 Harrisburg, Pennsylvania 17108 (717) 763-1121 211368 Attorney for Claimant TaxbB Result Details http:/I taxdb.ccpa.net/details.asp'?id-38-08-0565-106.&dbselect Detailed Results for Parcel 38-08-0565-106. in the 2004 Tax Assessment Database DistrictNo 38 Parcel IA 38-08-0565-106. Mapsutiix HouseNe Direction street 4 FOXWOOD BOULEVARD Owtterl ALTIERI ENTERPRISES INC PrbpType ' L l CurLandVa1?1R 53760 CurimpVat ' 0 CurTotVal 53760 CurPte>?"" w " Acreap .34 CICreStai; s sat?t, ?? s SateYe-' DeedBkPag# ` 00272-01496 YearB HF Fltia:Date ; , fff Approrai_Statu ?xnibit A 5/20/2008 9:30 AM AMER I CAN/BAL TXMORE HOMES A MASCO COMPANY 2312 SSROW AVENUE BALTIMORE, JdD 21227 (P)410-242-7785 (F) 410-247-1185 INVOSCB DATE: 01119108 P. 0. NUMBER: ALTIERI ENTERPRISES INC. ORDER DATE: 11/21/07 9 017 RED BRANCH RD. SALESMAN: TONY RUSTED SUITE #201 CUSTOM 629ALTI COLUMBIA MD 21045-0000 PLAN: SIOUXNCIF 63240563 BLOCK: DEPARTMENT: INSULATION SALES-CUST LOT: 12 PROJECT: 12 FOXWOOD/BTBL PRUZ: Rp INSTALLED BATT / BLOW INSULATION BASS: $4650.00 2' FAN.RN. EXT.: $260.00 ORIGINAL AMOUNT 3527.50 WE APPREICATE YOUR BUSINESS! TOTAL CHANGS 08DM 0.00 TOTAL SALES TAX 0.00 FULL CONTRACT AMOUNT 3527.50 C0"LX= 110 DATE 1122.50 LaS9 vfizvxOU,S BILLSANO 0.00 INVOXCX AMOUNT 1122.50 SAZZY TAX 0.00 --- REMITTANCE COPY --- PROJECT: 12 FOXWOOD/BTBL Please Return This Part With Your Payment To: INVOICE #: 0030242BL INVOICE DATE: 01118108 P, 0. ld(MBER : 7RDER'."3: %21 J? CUST^MER ?: 62?.1i, i .Z -'WOUNT DUE. 1.122.5J ANMERI CAPI j BA L'FIA10RE HCAJES P. C. BOX 4881 !gARRISSURG, PA 17111 FXhlbit AMER X CAN/BAL T2MORE HOMES A MASCO COMPANY 2312 ESKOW AVENUTs BALTIMORE, MD 21227 (P)410-242-7785 (F) 410-247-1185 INVOICE DATE: 01118108 P. 0. NUMBER: ALTIERI ENTERPRISES INC. ORDER DATE: 11/30/07 9 017 RED BRANCH RD. SAL8SMAN: TONY HUSTED SUITE #201 CUSTOMER #: 629ALTI COLUMBIA MD 21045-0000 PLAN: SEQUENCE 63221654 BLOCK: DEPARTMENT: FIREPLACE GAS LOT: 12 PROJECT: 12 FOXWOOD/FP PHASE: RP INSTALLED FIREPLACE ORIGINAL AMOUNT 1216.54 WE APPREICATE YOUR BUSINESS! TOTAL CAANVE OJUMW 0.00 TOTAL SALES TAX 0.00 FULL CONTRACT AMOUNT 1216.54 COIMPLBTB TO DATA 1216.54 LESS PRBVIOUS BILLING 0.00 INVOICE AMOUNT 1216.54 SALES TAX 0.00 --- REMITTANCE COPY --- PROJECT: 12 FOXWOOD/FP Please Return This Part With Your Payment To: INVOICE #: 0030330FI INVOICE DATE: 01/18/08 P. 0. NuhBER : ORDER DATE: lI/30/07 CUSTOMER l#: 629ALT1 AIVOWIT DUE: 1216.54 AMERICAN/SALT11WRE HOMES BOX 4881 /1 HARRISBURG, , PA 17111 1 HARRISBURG,h ibit I AMERI CAN/BALI XMORE HOMES A MASCO COMPANY 2312 ESKOW AVENUE x Oa3t ??, BALTIMORE, ZdD 21227 (P)410-242-7785 (F) 410-247-1185 INVOICE DATE: 01128103 P. 0. NUMBER: ALTIERI ENTERPRISES INC. ORDER DATE: 01/18/08 9 017 RED BRANCH RD. SALESMAN: TONY RUSTED SUITE #201 CUSTOMER #: 629ALTI COLUMBIA hID 21045-0000 PLAN: SBOUENCS #: 6325063 BLOCK: DEPARTMENT: FIREPLACE MANTEL/SURR LOT: 12 PROJECT: 12 FOXWOOD/MT PXASS: AR INSTALLED MANTEL ORXGXXhL AMOUNT 250.00 WE APPREICATS YOUR BUSINESS! TOTAL CBANGS ORDSRS 0.00 TOTAL SALES TAX 0.00 FULL CONTRACT AMICUNT 250.00 COMPLETE TO DATE 250.00 LESS PREVIOUS BSLLINO 0.00 INVOICE AMOUNT 250.00 SALES TAX 0.00 I --- REMITTANCE COPY --- PROJECT: 12 FOXWOOD/MT Please Return This Part With Your Payment To: INVOICE #: 0030909MT INVOICE DATE: 01128108 P.O. NUMBER: ORDER DATE: 01118108 CUSTOMER #: 629ALTI AMOUNT DUE: 250.00 AMERICAN/.BALTIMORE HOMES P.O. BOX 4881 HARRISBURG, PA 17111 HARRISBURG, Exhibit SHUMAKER wZt__ir?:>1' VTZ1.- ATIO v The tzttdersigncd, Wayme Blosser, hereby verifies and states that: 1. Ae is the President of Builder Services Group, Inc. n/a American Baltirr,c M Jomas Insulation, the ChimantiContractor hemp- 1. lie is authozized to make this VerificatiQn on its bchalf: The facts id forth in the foregoing Mechanics' Lien Claim are true and correr- *e ,e best of Ins knowledge, information and belief. BUILDER SERVICES GROUT?. LNC-, d/b/a American Baltimore Homes Insulation ' Wayne :Bldsser. Branch Manager VERIFICATION The undersigned. Wayne Bloc .ser, hereby verifies and states that: He is the Branch Manager of Builder Services Group. fnc. d/b/a Ainerici B fltimore Homes lnsulatio.l, the Plai.itiff herein. ?. He is author.zed to mr ke this Verification on its beha)f: The facts set forth in the foregoing Complaint are true and correct to the best ? f h s knowledge, information and belief. BUILDER SERVICES GROUP. INC., dlb/a American Baltimore Homes Insulation E iced: '?-1L-?+1 ??--- -- -- Wayne Blosser, Branch Manager CERTIFICATE OF SERVICE I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Complaint by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: ALTIERI ENTERPRISES, INC. 9017 Red Branch Road, Suite #201 Columbia, MD 21045 Dated: 9 l I 617a-c6 SHUMAI ILL S, B ? Y an C. Pappas P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 C7 ?" ni m -O M ` W -+C 40 BUILDER SERVICES GROUP, INC., d/b/a American Baltimore Homes Insulation, Plaintiff V. ALTIERI ENTERPRISES, INC., : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3249 MLD Mechanics' Lien PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT Pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure, please enter judgment against Defendant Altieri Enterprises, Inc. in the amount of $2,589.04, plus attorneys' fees, costs and interest in favor of Plaintiff for failure to answer the Complaint filed against it within ten (10) days of the attached Important Notice. I hereby certify that I caused a copy of the attached Important Notice to be served by United States Mail, first-class, postage prepaid on Defendant Altieri Enterprises, Inc., 9017 Red Branch Road, Suite 201, Columbia, Maryland 21045. SHUMAKER WILLIAMS, P.C. Dated: l v v By Evan C. P.O. BOX 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff :215702 BUILDER SERVICES GROUP, INC., IN THE COURT OF COMMON PLEAS OF d/b/a American Baltimore Homes CUMBERLAND COUNTY, PENNSYLVANIA Insulation, 2312 Eskow Avenue, Baltimore, MD 21227, Plaintiff V. No. 08-3249 MLD Mechanics' Lien ALTIERI ENTERPRISES, INC., 9017 Red Branch Road, Suite #201, Columbia, MD 21045, Defendant IMPORTANT NOTICE TO: ALTIERI ENTERPRISES, INC., Defendant DATE OF NOTICE: October 7, 2008 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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 (800) 990-9108 Dated: ;van M P.C. By P.O. Box 88 Harrisburg, Pennsylvania 17108 (717) 763-1121 Attorneys for Plaintiff :215327 CERTIFICATE OF SERVICE I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Default Judgment on this date by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, addressed as follows: Altieri Enterprises, Inc. 9017 Red Branch Road, Suite #201 Columbia, MD 21045 SHUMAKER WILLIAMS, P.C. Dated: ?p f 2? By L Evan C. Pappas P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 C7 S f ?J AL .y 4 d x" = ; - BUILDER SERVICES GROUP, INC., d/b/a American Baltimore Homes Insulation, Plaintiff V. ALTIERI ENTERPRISES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3249 MLD Mechanics' Lien NOTICE TO: ALTIERI ENTERPRISES, INC., Defendant You are hereby notified that on *4 , 2008, the following judgment has been entered against you in the above-referenced case. The judgment is in the amount of $2,589.04, plus attorneys' fees, costs and interest in the above-captioned case. Date: a4a4 P othonotary I hereby certify that the following is the last known address of the proper person(s) to receive this notice: Altieri Enterprises, Inc. 9017 Red Branch Road, Suite #201 Columbia, MD 21045 Dated: LI C. By X.an Papappas, . . 0103 3 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 _1 -11:1, Attorneys for Plaintiff A Altieri Enterprises, Inc. Usted esta siendo notificado que el , 2008, se anoto en contra suya un fallo por confesion en la suma de $2,589.04, en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Altieri Enterprises, Inc. 9017 Red Branch Road, Suite #201 Columbia, MD 21045 Dated: ?c?2 f2? S4an AI %a'sj.t. tOO By . Papa pP.O. BOX 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff