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Home My WebLink About02-0090MICHAEL 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 CIVIL ACTION - LAW 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 papers, 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 PAPERTOYOUR LAWYERAT ONCE. IFYOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013-3387 Telephone: (717) 249-3166 Date: Respectfully S u/~ed, La~//rence ~. I~eary, Esa~e A~t~orney f(~r ~laintiff J 1/08 - 112 Walnut St~et 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 CIVIL ACTION - LAW JURYTRIALDEMANDED COMPLAINT AND NOW, comes the Plaintiff, Michael A. Breski t/a M.B. Custom Homes and Remodeling, by his attorney, Lawrence J. Neary and respectfully represents as follows: 1. Plaintiff, Michael A. Breski, is an adult individual who resides at 4550 Berkley Street, Harrisburg, Dauphin County, Pennsylvania 17109, and who operates a construction business known as M.B. Custom Homes and Remodeling. 2. Defendants are Michael Theres and Judy Theres, his wife, adult individuals who reside at 1008 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendants are the owners of a property on which is located a residential dwelling located at 213 North Baltimore Street, Mount Holly Springs, Cumberland County, Pennsylvania. 4. On or about May 19, 2001, Plaintiff and Defendants entered into a contract for alteration and repairs to the premises located at 213 North Baltimore Street for a total project cost of $43,256.00. A copy of said contract is attached hereto and marked Exhibit A. 5. Plaintiff commenced work on the project and Defendants tendered a down payment of $21,000.00. 6. Subsequent thereto, the parties entered into a contract for additional work and/or extra items for which additional charges of $7,055.63 were incurred. A copy of said contract is attached hereto and marked Exhibit B. Thereafter, partial payments were made for the extra items that were identified. 7. Under the terms of the initial contract, 80% or $32,000.00 was to be paid upon completion of the painting with a balance due upon completion of the project. 8. Upon completion of the painting, payments of only $21,000.00 had been made by the Defendants. 9. Thereafter, on or about August 30, 2001, Plaintiff provided to Defendants an accounting of various items that had been purchases as extra items, credits and returns, payments received and the remaining balance due under the contract, which is $21,667.07. A copy of said accounting is attached hereto and marked Exhibit C. 10. Upon the Defendants' failure to provide a partial payment for work done on the project in accordance with the contract and for failing to pay for the additional items that were purchased by the Plaintiff, the project was halted pending receipt of the appropriate payment. 11. The contract has been substantially completed with the exception of certain punch list items, the estimated cost of which to complete are $1,667.07. 2 12. The contract between the parties, which is attached hereto and marked Exhibit A provides for monthly interest of 1.5% on any unpaid balance after 20 days which would be on or after September 20, 2001. The interest accrued through December 20, 2001 is $975.00. 13. The contract between the parties, a copy of which is attached hereto and marked Exhibit A provides for the payment of any legal fees and Court costs incurred by the Plaintiff resulting from collection of any unpaid balance. 14. Plaintiff has incurred legal fees of $762.50 for legal services rendered in the collection of this account and in obtaining a Mechanics' Lien for the unpaid balance and additional legal fees would be incurred through trial and verdict on this matter. A copy of the ledger for attorney fees is attached hereto and marked Exhibit D. 15. Legal costs of $9.00 has been paid for the entry of the Mechanics' Lien plus $45.50 for the filing of this Complaint. 3 WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of $21,660.07 plus legal fees, and interest at the rate of 1% % per month beginning September 20, 2001 and costs of this action. Respectfully Submitted, .aw Attor~'ey for F~intiff 108-112 Walnut Street Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793- Fax Pa.I.D. No. 25827 4 VERIFICATION I verify that the statements made in the attached Complaint 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 Exhibit A M.B.CUSTOM HOMES AND REMODELING 4550 BERKLEYSTREET 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 WITH 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 TOTAL PRICE $ 4,920.00 GUTTERS 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 TOTAL PRICE $ 6,030.00 TOTAL PRICE $ 4,375.00 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 SLIDING GLASS DOORS ON REAR WALL 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 TOTAL PRICE $ 6,786.00 MASTER BEDROOM UPDATE ALL OUTLETS TO CODE FRONT BEDROOM UPDATE ALL OUTLETS TO CODE 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 TO 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 SIGNATURES JUDY THERES MICHAEL THERES MICHAEL BRESKI Exhibit B 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 FIXTURES 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 /C~,~..~~ THANK YOU SIGNATURE SIGNATURE MICHAEL BRESKI SIGNATURE Exhibit C 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 ( STUDS&RAFTERS ETC. ) 2945.00 PLUMBING FIXTURES 1548.88 ITEM # DESCRIPTION AMOUNT 145855 145860 87680 27159 100222 28632 161126 11751 145856 5991 140437 NEO ANGLE WriT WAL NEO DOOR PB CLR E BRT BRS CABLE DRA T FCT 2HDL AC T24 SHOWER POSI TEMP 11/2ROLLERBALL S-4 T/S SGL HDL NEOST USGALL MIX NEO ANGLE WriT BASS (41936) 2PK FLATS 5X32 WHIRLPOOLW/ 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 LABOR 1900.00 TOTAL RETURNS RETURNS 6,393.88 -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 KITCHEN 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 Exhibit D MATTER: ' Oct 09 01 Lawrence J. Neary Client Ledger; MA'rA-~R: 910299 Sep 01 2001 TO Dec 18 2001 ' " ................................................................................................................................ DATE R~CEIV~D PROM / PAID TO C~E # I .......... G E N E R A L .......... I BLD I ......... T R U S T .......... EXPLANATION INV # RECEIPTS DISBS FEES INV RECEIPTS DIEB$ BALANCE .................................................................................................................................... 3lB - BREEKI, MICDLAEL A RESP. LAWYER: 5 - Lawrence J. Neary 910299 RE: Bankruptcy LAWYER: 25 0.30 Mrs X 125.00 37.50 23933 TC from Client/to Judy Theres Oct 11 01 LAWYER: 25 1.20 Nrs X 125.00 150.00 23933 Letter to Mr. and Mrs. Theres(.4); Preparation and filing of Mechanics' Lien Claim(.8) Oct 11 01 LAWYER: 25 0.80 Mrs X 125.00 100.00 23933 Office conference Oct 19 01 LAWYER: 25 0.20 Mrs X 125.00 25.00 23933 Review correspondence; TC with Client Oct 23 01 LAWYER: 25 0.40 Mrs X 125.00 50.00 23933 Letter to Attorney Kopecky and Acceptance of Service. Oct 29 01 LAWYER: 25 0.60 Mrs X 125.00 75.00 23933 Review correspondence and TC from client(.2); TC to Attorney Kopecky(.2) Letter to Prothonotary re: service(.2) . Nov 01 01 BILLING ON INVOICE 23933 0.00 23933 FEES 437.50 Dec 03 01 LAWYER: 25 0.60 Mrs X 125.00 75.00 Review correspondence and TC with Client(.3); Fax letter to Arty Kopecky(.3) Dec 13 01 LAWYER: 25 0.30 Ers X 125.00 37.50 Dec 18 01 LAWYER: 25 1.70 Mrs X 125.00 212.50 Letter to AZtorney Kopecky(.3); TC with Client(.1); preparation of Complaint(i.0); conference with ClienZ(.3) DISBURSEMENTS + ALLOCATIONS + FEES - RECEIPTS = GENERAL BAL. , TRUST TOTAL TOTALS FOR REPORT PERIOD: 0.00 0.00 762.50 0.00 762.50 0.cg 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 CIVIL ACTION - LAW JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, Johnna J. Kopecky, attorney for the above named Defendants, accept service of the Complaint on behalf of my clients, Michael Theres and Judy Theres, his wife, and certify that I am authorized to do so. Date: ~/o_~,-/0, D-oo t o I~a J. ~(~ecky, Esquire Attorney for Defendants Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA MICHAEL THERES and, JUDY THERES, his wife Defendants MICHAEL A. BRESKI tJa M.B. CUSTOM HOMES AND REMODELING, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 02-90 ClVlLTERM : : CIVIL ACTION - LAW ., .. : JURY TRIAL DEMANDED NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to plead to the enclosed Answer and Counterclaim within twenty (20) days from service hereof, or a default judgment may be entered against you. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: ~°Dh. n~~uire 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA MICHAEL THERES and, JUDY THERES, his wife Defendants Vo MICHAEL A. BRESKI tJa M.B. CUSTOM HOMES AND REMODELING, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : . : NO. 02-90 CIVlLTERM : : CIVIL ACTION - LAW : ., : JURY TRIAL DEMANDED ANSWER TO COMPLAINT AND NOW, comes the Defendants, Michael Theres and Judy Theres, his wife clients through their attorney, SAIDIS, SHUFF, FLOWER & LINDSAY and respectfully avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part, denied in part; it is admitted that under the terms of the initial contract funds were to be paid initially or upon completion of the painting, but it is specially denied that the painting was ever completed. To plead further, most of the other items were not completed, as alleged in the counterclaim which follows. Denied; it is denied that payments of $21,000.00 have been made by Defendant. To plead further, the painting was not completed; however, the Defendants paid the Plaintiffs a total of $25,805.63. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 9. Admitted in part, denied in part; it is admitted that the Plaintiffs provided the Defendants with a document which has been marked as Exhibit "C", but it is denied that it is an accounting. To plead further, the Plaintiffs denied purchases had been made or extra items had been completed, in strict proof is demanded at the time of trial. 10. Denied; the allegation in paragraph ten is a legal conclusion to let you know what response is required. To the extent that a response is required, it is specially denied that the Plaintiffs performs satisfactory work under the contract. 11. Denied; it is specifically denied that the contract had been substantially completed, and strict proof is demanded at the time of trial. To Plead further, the Plaintiffs alleges there are numerous items which need to be completed or satisfactorily performed at a cost which greatly exceeds that which the Plaintiffs has demanded, as evidence by the attached Counterclaim. 12. Denied; it is specifically denied that there is any interest due on the unpaid balance, and strict proof is demanded at the time of trial. 13. Denied; it is specifically denied that there is any interest due on the unpaid balance, and strict proof is demanded at the time of trial. 14. Denied; it is specifically denied that there is any interest due on the unpaid balance, and strict proof is demanded at the time of trial. 15. Denied; it is specifically denied that there is any interest due on the unpaid balance, and strict proof is demanded at the time of trial. WHEREFORE, the Defendants respectfully request your Honorable Court to dismiss the Complaint of the Plaintiff and enter judgment in favor of the Defendants. COUNTERCLAIM 16. Paragraphs 1 - 15 are incorporated herein by reference as if more fully set forth herein. 17. Because of the shoddy workmanship of the Plaintiff and the failure as well as the Plaintiff' s failure to complete the terms of the original contract, the SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Defendants have incurred, or will incurred, additional costs to have an outside contractor complete the project. 18. Specifically, the Defendants have secured an estimate from a contractor to complete the project as follows: A. Estimate to fix the roof: B. Estimate to fix complete the dining room: C. Estimate to complete kitchen: D. Estimate to complete the upstairs bathroom: E. Estimate to complete the upstairs bedroom: F. Estimate to complete the downstairs bathroom: G. Estimate to complete the domer: H. Estimate to complete the rear porch: I. Estimate to complete the laundry room: 19. $2,100.00 $6O0.OO $6O0.00 $7,480.00 $2,200.00 $1,500.00 $1,950.00 $2,400.00 $5,400.00 $24,230.00 Estimates as secured by the Defendants from Bear Construction are attached hereto and made a part hereof, marked collectively as Defendants Exhibit "A". WHEREFORE, the Defendants demand judgement against the Plaintiff in this Counterclaim in the amount of $24,230.00 plus legal fees, interests and costs. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY John~TJ. Kop~cky, ~squire Supreme Court ID # 53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants 4 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing ANSWER AND COUNTERCLAIM are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. DATED: DATED: Michael Theres Exhibit A UPSTAIRS BEDROOM · Closets were never completed. · All trim was improperly installed. · No trim was installed on inside of closets. TOTAL PRICE BATHROOM DOWNSTAIRS · Install bathroom fixtures. · Install tub surround on wails. · Fix door. DORMER · Siding, soffit and fascia wasn't installed. TOTAL PRICE TOTAL PRICE $1,500.00 $1,950.00 REAR PORCH · Faceboards were never covered with aluminum. · The wood that was installed over existing windows doesn't match existing. · Boards are visible from underneath and were never painted. TOTAL PRICE $2,400.00 TOTAL PRICE FOR TOTAL PROJECT $18,830.00 Date 19 BEAR CONSTRUCTION 1133A Harrisburg Pike Carlisle, PA. 17013 (717) 258-1245 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA MICHAEL THERES and, JUDY THERES, his wife Defendants MICHAEL A. BRESKI t/a M.B. CUSTOM HOMES AND REMODELING, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 02-90 CIVlLTERM : : CIVIL ACTION - LAW ., ., : JURY TRIAL DEMANDED NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to plead to the enclosed Amended Answer and Counterclaim within twenty (20) days from service hereof, or a default judgment may be en~'ered against you. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Johr~.~Kope~, Es~d~ I.D.~53147 / 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA MICHAEL THERES and, JUDY THERES, his wife Defendants MICHAEL A. BRESKI t/a M.B. CUSTOM HOMES AND REMODELING, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 02-00 CIVlLTERM : : : JURY TRIAL DEMANDED AMENDED ANSWER TO COMPLAINT AND NOW, comes the Defendants, Michael Theres and Judy Theres, his wife clients through their attorney, SAIDIS, SHUFF, FLOWER & LINDSAY and respectfully avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. Admitted in part, denied in part; it is admitted that under the terms of the initial contract funds were to be paid initially or upon completion of the painting, but it is specially denied that the painting was ever completed. To plead further, most of the other items were not completed, as alleged in the countemlaim which follows. Denied; it is denied that payments of $21,000.00 have been made by Defendant. To plead further, the painting was not completed; however, the Defendants paid the Plaintiffs a total of $25,805.63. SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Sireel Carlisle, PA 9. Admitted in part, denied in part; it is admitted that the Plaintiffs provided the Defendants with a document which has been marked as Exhibit "C", but it is denied that it is an accounting. To plead further, the Plaintiffs denied purchases had been made or extra items had been completed, in strict proof is demanded at the time of trial. 10. Denied; the allegation in paragraph ten is a legal conclusion to let you know what response is required. To the extent that a response is required, it is specially denied that the Plaintiffs performs satisfactory work under the contract. 11. Denied; it is specifically denied that the contract had been substantially completed, and strict proof is demanded at the time of trial. To Plead further, the Plaintiffs alleges there are numerous items which need to be completed or satisfactorily performed at a cost which greatly exceeds that which the Plaintiffs has demanded, as evidence by the attached Counterclaim. 12. Denied; it is specifically denied that there is any interest due on the unpaid balance, and strict proof is demanded at the time of trial. 13. Denied; it is specifically denied that there is any interest due on the unpaid balance, and strict proof is demanded at the time of trial. 14. Denied; it is specifically denied that there is any interest due on the unpaid balance, and strict proof is demanded at the time of trial. 15. Denied; it is specifically denied that there is any interest due on the unpaid balance, and strict proof is demanded at the time of trial. WHEREFORE, the Defendants respectfully request your Honorable Court to dismiss the Complaint of the Plaintiff and enter judgment in favor of the Defendants. AMENDED COUNTERCLAIM 16. Paragraphs 1 - 15 are incorporated herein by reference as if more fully set forth herein. 17. Because of the shoddy workmanship of the Plaintiff and the failure as well as the Plaintiff' s failure to complete the terms of the original contract, the 3 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Defendants have incurred, or will incurred, additional costs to have an outside contractor complete the project. 18. Specifically, the Defendants have secured an estimate from a contractor to complete the project as follows: A. Estimate to fix the roof: B. Estimate to fix complete the dining room: C. Estimate to complete kitchen: D. Estimate to complete the upstairs bathroom: E. Estimate to complete the upstairs bedroom: F. Estimate to complete the downstairs bathroom: G. Estimate to complete the domer: H. Estimate to complete the rear porch: I. Estimate to complete the laundry room: $2,100.00 $600.00 $600.00 $7,480.00 $2,200.00 $1,500.00 $1,95O.OO $2,400.00 $5,4oo.oo $24,230.00 19. Estimates as secured by the Defendants from Bear Construction are attached hereto and made a part hereof, marked collectively as Defendants Exhibit "A". Addendum to Exhibit "A", added first page. WHEREFORE, the Defendants demand judgement against the Plaintiff in this Counterclaim in the amount of $24,230.00 plus legal fees, interests and costs. Date: Respectfully submitted, SAIDIS, SHUFF, FLO~R ~SAY ~~'--~ Johr~O. Ko,/~,c~,y, Esquire SulYCme Court ID # 53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendants Exhibit A November 23, 2001 Judy And Michael Theres 1008 Pheasant Drive North Carlisle PA, 17013 RE: 215 North Baltimore Street Mount Holly Springs, PA This estimate is submitted for work performed incorrectly or unfinished at the address above. ROOF · Flashing around chimney was never replaced. Water still leaks onto wooden porch ceiling. · There's no uncured rubber on any seams on porch roof. · Rotten wood wasn't removed before installation of ISO board. TOTAL PRICE $2,100.00 DINING ROOM · Crown moulding wasn't completed. · Fix trim around archway. KITCHEN · Plumbing leaks around faucet. TOTAL PRICE $600.00 Moulding wasn't installed around kitchen cabinets and fireplace Floor heat register was covered with new flooring. TOTAL PRICE $600.00 UPSTAIRS BATHROOM · Old floor was never leveled before flooring was installed. · Floor is out of level 2 ½". · Standup shower was never completed. · Painting was never completed. · New shelving wasn't installed in closet. · Heat register in wall was covered with drywall. · Wall wasn't installed behind vanity. · Wall outlet needs to be moved to install medicine cabinet. · Window wasn't replaced. TOTAL PRICE $7,480.00 UPSTAIRS BEDROOM · Closets were never completed. · All trim was improperly installed. · No trim was installed on inside of closets. BATHROOM DOWNSTAIRS · Install bathroom fixtures. Install tub surround on walls. · Fix door. TOTAL PRICE $2,200.00 DORMER · Siding, soffit and fascia wasn't installed. TOTAL PRICE $1,500.00 TOTAL PRICE $1,950.00 REAR PORCH · Faceboards were never covered with aluminum. · The wood that was installed over existing windows doesn't match existing. · Boards are visine from underneath and were never painted. TOTAL PRICE $2,400.00 TOTAL PRICE FOR TOTAL PROJECT $18,830.00 Date 19 BEAR CONSTRUCTION 1133A Harrisburg Pike Carlisle, PA. 17013 (717) 258-1245 SAIDIS SHUFF, FLOWER & LINDSAY A~'AT*LAW 26W. High Street Carlisle, PA MICHAEL THERES and, JUDY THERES, his wife Defendants MICHAEL A. BRESKI tJa M.B. CUSTOM HOMES AND REMODELING, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . .' : NO. 02-90 CIVIL TERM : : Civil Action - Law : JURY TRAIL DEMANDED CERTIFICATE OF SERVICE On this .,~"~ day of -).~r_.~,_.,. 2002, I, Johnna J. Kopecky, hereby certify that I served a true and correct copy of the foregoing AMENDED ANSWER AND COUNTERCLAIM via United States Mail, postage prepaid, addressed as follows: Lawrence Neary, Esquire 108-112 Walnut Street Harrisburg PA 17101-1609 SAIDIS, SHUFF, FLOWER & LINDSAY Date: J oh n n a~¥~3ecky/4¢. S~u ire_~) I,D. #~7 ~ 26 West High Street Carlisle PA 17013 717.243.6222 Counsel for Defendants MICHAEL A. BRESKI tla 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 JURY TRIAL DEMANDED ANSWER TO AMENDED COUNTERCLAIM AND NOW, comes the Plaintiff and Countemlaim Defendant, Michael A. Breski t/a M.B. Custom Homes and Remodeling, by his attorney, Lawrence J. Neary, who respectfully represents as follows: 16. Paragraphs 1 through 15 of Plaintiff's Complaint are incorporated by reference herein. 17. Denied. It is denied that Plaintiff's work was performed in other than a commercially reasonable manner. Furthermore, Plaintiff's failure to fully complete the contracted work was the result of the Defendants' failure to make payments as the work progressed in accordance with the draw schedule (see Exhibit A to Plaintiff's Complaint) which provided that only the sum of $11,256.00 plus any upgrades and extras should have been withheld pending completion of the project, which is substantially less than the balance of $21,667.07 that was outstanding when the Plaintiff discontinued his services on the project. Furthermore, PlaintifFs inability in some instances to complete certain items was hindered as a result of the Defendants' failure to follow through with other parts of the rehabilitation process that were outside the contractual responsibility of the Plaintiff. By way of further answer, Plaintiff, as outlined in the correspondence dated October 12, 2001 addressed the punch list items identified by the Defendants in their letter dated October 8, 2001 and Plaintiff offered to address these items provided that assurances of payment were made which has not been done. Copies of said correspondence is attached hereto and marked Exhibit A and B. 18. Denied. It is denied that said amounts represent the cost to complete the unfinished items for which the Plaintiff was contractually responsible. By way of further answer, included in said estimate are items that were not included in the original estimate, for example, the cost to place siding, soffit and fascia on the dormer on which a claim is made in the amount of $1,950.00. By way of further answer, there is no contractual obligation of the Plaintiff for legal fees incurred by the Defendants. 19. Denied. The estimate attached as Exhibit A to the Counterclaim is not signed by any individual on behalf of Bear Construction and said estimate is not dated or does it specifically identify the work to be completed and proof of said items is demanded at trial. WHEREFORE, Plaintiff requests that Defendants' Counterclaim be denied. Respec~f)ully Su~ ~t~d, Date: Law/~ence J. ~e t, Esquire AttOrney for ~ tiff 108-112 Walnut Street Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827 Exhibit A 1008 Pheasant Drive North Carlisle, PA 17013 October 8, 2001 Mr. Michael Breski M. B. Custom Homes and Remodeling 4550 Berkley Street Harrisburg, PA 17109 Dear Mr. Breski: This letter serves to inform you that I have made contact with the Better Business Bureau of Pennsylvania with regard to the renovations and remodeling that you had contracted and agreed to complete at 213 North Baltimore Avenue, Mt. Holly Springs, PA 17065. Your initial renovations began in May, 2001 and have not yet been completed. I have contacted another contractor that has inspected your work and while there has been a major improvement aesthetically, the end product has been sub-standard. The estimate for major repairs and completion of your contract is well beyond $20,000. Pictures have been taken of the areas of concern, as well as statements from one of your contractors that have been notarized indicating shortcuts that you have taken. The following is a list of the items not completed or is in need of repair: 1. Molding around fireplace not applied 2. Crown molding in dining room not applied - there was crown molding in place before renovations began 3. Roof was never finished 4. Original chimes were not hung 5. Kitchen sink leaks 6. Dishwasher cannot be used because kitchen sink leaks 7. Bathroom door downstairs is coming offhinges and will not close 8. Bathroom windows upstairs were never replaced 9. No vent for dryer in laundry room 10. Ceramic tile laid in laundry room is sub-standard. The drain area was never finished and the one tile is chipped. 11. The heat vent in the kitchen was covered with Pergo flooring 12. The shower area in the bathroom downstairs was never finished 13. The shower area in the bathroom upstairs was never finished. You installed the flooring area and stated that the shower itself would be installed by another contractor and would need to be built in. You also stated that you contacted that contractor, however, you never provided his name, company or phone number where he could be reached for confmnation. The shower cannot be used. Page Two 14. You never installed the comer sink and matching cabinet purchased by us. Also, additional elec~cal work needs to be completed to install the cabinet. 15. The bathroom closet upstairs was not repa'tred and large holes exist. Your contract called for "total rehab" of the bathroom. This would include the closet in the bathroom. Total paid for the bathroom was over $6,000, although, only drywall, paint and Pergo flooring was performed on this tiny bathroom and the installing of the whirlpool that we purchased. Please provide information as to what cost $6,000 ' 16. The bedroom upstairs called for "total rehab" in your contract. You did not touch the one closet in the bedroom and the other two closets were not finished. 17. The floor molding in the upstairs bedroom does not meet the floorboards. It is approximately 1-~ inches fi.om the floor. Quarter inch molding needs to be replaced on top of the existing molding unless the molding itself could be replaced 18. The original shelves and coat hangers need to be installed back in the closets. 19. The original gutters from the roof were not completely installed 20. The gutters are attached to the outside of the shingles - they are not installed properly and are eyesores. :21. Raw wood was left under the windows of the bedroom upstairs on both sides of the room. It is una~active but more importantly, water is getting in through the holes left uncovered and unpainted and will eventually come in through the drywall. :22. Raw wood was left unpainted under the bay windows in the dining room area on the outside. 23. The roof area above the wrap-around porch was left with rotted wood and never replaced. Isoboard and robber were placed inappropriately over this area leaving a hazardous situation. This entire roof section must be replaced. 24. The painter you subcontmctcd stated he was not a painter. The painting throughout the house was sub-standard and needs to be repainted. 25. The painter spilled paint on a newly installed carpet in the family room. When he could not remove it by washing it, he took scissors and snipped the nap offofthe top of the carpet. This will need to be replaced. Because of the location where you walk into the room, either a large area will need replaced or the entire room will need replaced. 26. The electric was never completed in the bedrooms upstairs 27. The electric was never inspected 28. The new cabinet door just purchased from Home Depot was broken by you and never replaced 29. Tools and equipment purchased by my husband and I are missing fi.om the house 30. Original metal closures on cabinets in fireplace area were not replaced 31. Areas throughout the house with regard to painting were never completed Page Three A total of $25,805.63 has been paid to you. I have receivedqa call from two of your former sub-contractors stating that you have never paid them fully. It is inconceivable to me that you have not profited from this project by observing your inferior work. ethics. I am proposing a settlement payment of $4,195 awarding you a total payment of $30,000. Otherwise, I am prepared to further contact my attorney, the Better Business Bureaus of Greater Pennsylvania, the District Court Justice and the local Prothonotary Office for legal advice and an invitatibn into the home. Please advise me of your decision in writing within five days to: Mrs. Judy Theres 1008 Pheasant Drive North Carlisle, PA 17013 Exhibit B LAWRENCE J. NEARY ATTORNEY AT LAW 108-112 WALNqJT STREET HARRISBURG, PA 171014609 Telephone: (717) 238-4798 FAX: (717) 238-4793 FfleNo.910299 October 12, 2001 Mr. and Mrs. Michael Theres 1008 Pheasant Drive North Carlisle, PA 17013 RE: 213 North Baltimore Street Mount Holly Springs, PA Dear Mr. and Mrs. Theres: Mr. Breski has provided me with a copy of your letter dated October 8, 2001. As you are no doubt aware, problems have developed as a result of the substantial outstanding balance and the fact that no payments have been made since July. As I will outline below, my client does acknowledge that some items do need to be completed, however, his services will not be provided until a satisfactory payment arrangement has been made. This may include holding a certain amount in escrow to secure compliance provided that the balance is promptly paid. In relation to your list, we submit the following: As was the prior understanding regarding this matter, once your masonry contractor repointed the fireplace, then my client will reapply the molding. When my client entered the premises, the ceiling had already been removed and he was unaware of any crown molding. The specifications do not state crown molding. If you have pictures of the molding prior to the demolkion, please forward them to my attention and we will reconsider this matter or appropriate arrangements will have to be made. My client acknowledges that the roof over the bay window and porch area needs to be completed and he has made the appropriate measurements and is prepared to proceed when the dispute is resolved. Mr. and Mrs. Michael Theres October 12, 2001 Page Two 9. 10. 11. 12. 13. 14. 15. This item was over looked and will be completed along with the other remaining items. The contract proposal does not include any charge for hook up of plumbing and my client's bill does not include any such charge. This work was performed by HB McClure and they are now in the process of preparing an invoice and upon payment they will return to address any problems related to their work. See number five above. My client did no work on the doors which were removed and then reinstalled in the condition that they originally were. These items will be completed upon payment. To be completed upon payment. It is my understanding that the ceramic tile defect is minimal and my client left grout, cement and tiles in the basement which, i£ ayailable, this item will be corrected. This will be corrected upon payment. This item was delayed because of the purchase by you of the wrong size tub surround. A charge will have to be established for any such installation. As you may recall, problems developed in this area because you did not want to raise the roof and thus any shower has to be custom built. This would represent a fixture for which you would be responsible. My client is reluctant to recommend any contractor due to the ongoing payment dispute. My client was not responsible for the plumbing hookup and arrangements for those services with a contractor will have to be made. Also, the electrical work above the sink was something that was decided at a later date and was not part of the original contract. That cost for the bathroom was apparently satisfactory when the contract was signed. This also included rough in plumbing from the basement to the second floor to support the whirlpool. Mr. and Mri. Michael Theres October 12, 2001 Page Three 16. There was no prior discussion of any work inside of any closets. 17. As you may recall, you sent the carpet man to measure while my client was there and based upon the understanding that carpeting was being installed, the molding was elevated to allow for the carpet installation. 18. My client does n'ot understand what is being requested. 19. My client does not understand what is being requested. 20. The gutters and straps were applied as they were originally installed due to the molding. 21. This was left in this condition in that siding was to be installed and this area was to be covered. 22. This will be painted by my client. 23. Please submit your documentation to substantiate this allegation. 24. If there is touch up work to be done, my client will ~1o so. 25. If there was a problem, this should have been called to my client's attention immediately and if there was any latex paint, proper removal could have been done so as not to damage the carpet. 26. Whatever needs to be done must be more specifically stated. 27. Upon payment, the call will be made to the inspector to complete the inspection. No such inspection is currently required. 28. This will be ordered when payment is made. 29. My client, whose tools are all of one brand, does not have any of the items to which you are referring in his possession. 30. There was no understanding that new items were required. 31. If there is touch up work to be done, my client will do so. Mr. and Mrs. Michael Theres October 12, 2001 Page Four My client advises me that there is approximately four to five hours of work to install the two sections of roof which he agreed to install and that the remaining items may be addressed and completed within the course of one day's work. If satisfactory arrangements are made, the HB McClure plumbing contractor could be there at the same time. Enclosed is a summarf of the extras along with the contract price which reflects a balance due as of August 30, 2001 of $21,667.07. As I suggested above, upon the payment of $20,000.00, the balance may be held in escrow to secure completion of the remaining items. This will allow you to complete the closing on your loan. I also direct your attention to the provision in the original contract which provides that you will be responsible for any attorney's fees incurred regarding the collection of this matter. The meter has begun to run. A Mechanics' Lien Claim has been sent to the Cumberland County Courthouse for filing and arrangements will be made for service upon you. Please advise me if you will agree to accept service of the Notice of the filing of the Mechanics' Lien or would you prefer that I send the Sheriff to either your home or place of employment. This will also add additional costs for which you will be responsible. ~ As a procedural matter, my client will remove the Mechanics' Lien or sign any Release needed by your title company at settlement, provided that payment as outlined above is made. The alternative is to litigate this matter which may result in you being responsible for my attorney's fees in addition to the outstanding balance. Please contact me or have your attorney contact me if you are interested in an amicable resolution of this matter. LJN/jlk Enclosure cc: Michael A. Breski Very truly yours, 7awrence eary VERIFICATION I verify that the statements made in the attached Answer to Counterclaim 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 CERTIFICATE OF SERVICE I, Lawrence J. Neary, Esquire, attorney for the Plaintiff, hereby certify that I have on the date shown below served a copy of the foregoing Answer to Amended Counterclaim to the person and in the manner indicated below: UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID Johnna J. Kopecky, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Date: Respectfully Submitted, Law/~nce ~. ~eary,_ E_~1~ AttfSmey f~r//Plaintiff(~ / 108-112 W~alnut St r~.~J Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.l.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 JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGE OF SAID COURT: Lawrence J. Neary, Esq., counsel for the Plaintiff in the above action, respectfully represents that: The above-captioned action is at issue. The claim of the Plaintiff in the action is $21,660.67 plus legal fees and interest not expected to exceed $25,000.00. The counterclaim of the Defendant in the action is for $24,230.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Not aware of any WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: Respectfully S u~t)ed, orX;Ce, ~ary, Es u~e/ eyf~ laintiff ~ / 108-112 V~ ,Inut Street "-J Harrisburg, 3A 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827 CERTIFICATE OF SERVICE I, Lawrence J. Neary, Esquire, attorney for the Plaintiff, hereby certify that I have on the date shown below served a copy of the foregoing Petition for Appointment of Arbitrators to the person and in the manner indicated below: UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID Johnna J. Kopecky, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Date: Respectfully Submitted, Lawr~n~-J.-~l-ej~ry~ Esquire/1 A{t~;~ey for ~)l~ntiff 108-112 Walh'ut Street Harrisburg, PA 17101-160g (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 JURY TRIAL DEMANDED ORDER OF COURT AND NOW, /~ ~ captioned action as prayed for. ,2002, in consideration of the foregoing , Esq., are appointed arbitrators in the above- BY THE COURT, P.J. ZS :6 I,t¥ [~- ~ta~ ZO MICHAEL A. BRESKI T/A M.B. CUSTOM HOMES & REMODELING Plaintiffs 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.-~.~ ,~lwl Term MICHAEL & JUDY THERES : Defendants : OA TH We do solemnly swear (or affirm) that we will suppm of the United States and the Constitution of this Commonweal duties of our office with fidelity. ~. ~/jf~/~ / Shaun M s u' e AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: Verdict for Plaintiff in the amount of $15,015.00 ($11,000.00 on the contract, $2,200.00 for attorney fees and $1,815.00 interest (11 months Date of Hearing: 8/19/02 Date of Award: 8/26/02 Chanes Rector/E~uire ~IRMAN R3b-ert 'J~ufderig, E s qt.(ir-~/ NOTICE OF ENTRY OF A WARD Now, the ~Cdday o~ _c.~o0~-o ~.C' ,2002, at/~},'ag~, ..~.m., the above award was entered upon the docket and nohce thereof given by mail to the parties or their attorneys. Arbitrator's compensation to be ~'3/ ~d/t~l~p ~J.o,4~rotho, n~ta~'t paid_upon appeal: ~ $ )~cP/9'°° By: ,-~o,,,_1~,_ .*_[~_.~f Deputy MICHAEL A. BRESKI tJa M.B. CUSTOM HOMES AND REMODELING Plaintiff V. MICHAEL THERES and JUDY THERES, his wife Defendants IN THE COURT OF COMMON PLEAS CUMBERLANr~ COUNTY, PENNSYLVANIA NO. 02-90 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT To the Prothonotary: Please enter judgment against the Defendants, Michael and Judy Theres, in the amount of $15,015.00 with interest at the rate of 1.5% per month on the amount of $11,000.00 from September 5, 2002 and interest at the legal rate of 6% on $2,200.00 form the date of the entry of judgment pursuant to the Arbitration Award dated August 26, 2002, a copy of which is attached hereto from which no appeal ihas been filed. The address of the Defendants is: Michael Theres and Judy Theres, 213 N. Baltimore Street, Mount Holly Springs, PA 17065 The address of the Plaintiff is: Michael A. Breski t/a M.B. Custom Homes and Remodeling 4550 Berkley Street, Harrisburg, PA 17109 Date: Respectfully Submitted, Lawr/e/nce J.//l~l/c~'ary, Esquire Attqfney for~P'laintiff /.- 108-.112 Walnut Street ( Harrisburg, PA 17101~16~_9 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827 MICHAEL A. BtLESKI T/A M.B. : rN THE COURT OF COMMON PLEAS CUSTOM HOMES & REMODELING : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : MICHAEL & JUDY THERES Defendants : NO. 02-80 Civil Term OA TH We do solemnly swear (or affirm) that we will support(ff~ey and defend the Constitution of the United States and the Constitution of this Com_._monwealtl~)nd tha we will discharge the duties of our office with fidelity, j~//~.~.Nx) ? c~i- '/ ~rles Reotorffs~uire C~AII~LMAN Shaun Mu{nford~¢'~s~ uire. ,~- A ~VA RD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: Verdict for Plaintiff in the amount of $15,015.00 ($11,000.00 on the contract, $2,200.00 for attorney fees and $1,815.00 interest (11 months Date of Hearing: 8/19/02 Date of Award: 8/26/02 [ ~,-!~ Co~:>'~ F~'~:~ ~: ~ Ch~es Rector ~I~AN ~~f~~ Robe~ J~uldehg, Esq~ NOTICE OF ENTRY OF A WARD Now, the ~Crgdayo.~ k.~_~p.~e r~b4r. ,2002, at ff~, ~.m., the above award was entered upon the docket and nohce there6fgiven by mail to the pa~ies or their attorneys. Arbi~ator's compensation to be ~/~ffA~ ~-a¢~ paid upon appeal: Prothonota~ Deputy CERTIFICATE OF SERVICE I, Lawrence J. Neary, Esquire, attorney for the Plai~ntiff, hereby certify that I have on the date shown below served a copy of the attached Praecipe for Entry of Judgment to the person and in the manner indicated below: UNITED STATES FIRST CLASS MAIL, PO'STAGE PREPAID James D. Flower, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Date:_ Respectfully Submitted, Atto)~ey for ~ntiff / / 108-112 WalnUt Street ~ Harr,isburg, PA 17101-1609 (717)238-4798 (7171)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 JURY TRIAL DFMANDED NOTICE OF ENTRY OF JUDGMENT TO: Michael Theres and Judy Theres, Defendants You are hereby notified that on ,//~(~L~ // ,2002, the following Judgment has been entered against you in the above~captioned case. $15,015.00 with interest at the rate of 1.5% per month on the amount of $11,000.00 from September 5, 2002 and interest at the legal rate of 6% on $2,200.00 from the date of the entry of judgment. Prothonotary ~ I hereby certify that the name and address of the proper persons to receive this notice under Pa. R. Civ. P. 236 is: Michael Theres and Judy Theres 213 N. Baltimore Street Mount Holly Springs, PA 17065 Date: Respectfully Submitted, AttCney for ~)~intiff//' / 1,08-112 Walnut Street / Harrisburg, PA 1710t-,.'[6/09 (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 PETITION OF PLAINTIFF'S COUNSEL FOR LEAVE TO WITHDRAW APPEARANCE AND NOW, comes the Petitioner, Lawrence J. Neary, Esquire, who represents as follows: 1. Petitioner is Lawrence J. Neary, an attorney, licensed to practice in Pennsylvania with an office address of 108-112 Walnut Street, Harrisburg, Dauphin County, Pennsylvania 17101-1609. 2. Petitioner was retained by the Plaintiff, Michael A. Breski to represent him in the above captioned matter. 3. Pursuant to the Complaint filed in the above captioned matter, the case proceeded to arbitration after which an arbitration award was entered on September 3, 2002 in the amount of $15,015.00 which pursuant to the award included the attorney's fees for representation of the Plaintiffin the matter. A copy of the arbitration award is attached hereto and marked Exhibit A. MICHAEL A. BILESKI T/A M.B. : IN THE COURT OF COMMON PLEAS: CUSTOM HOMES & REMODELING : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : v. : NO. 02-80 Civil Term : MICHAEL & JUDY THERES : Defendants : OA TH We do solemnly swear (or affirm) that we will support(o'b-~ey'-and-"--de fend the Constitution of the United States and the Constitution of this CommonwealthX, and tha we will discharge the duties °f °ur °ffice with fidelity' i ...~.~o._"N)/~'~ Cfii les Rector//Es~uire C-~XIPdV[AN Shaun Mu{n for4ffl~s~uire AWARD We, the undersigned arbitrators, having been duly appe.inted and sworn (or affirmed), make the following award: Verdict for Plaintiffin the amount of $15,015.00 ($11,000.00 on the contract, $2,200.00 for attorney fees and $1,815.00 interest (I 1 month~__ Date of Hearing: 8/19/02 (~ Date of Award: 8/26/02 % ~) I Char~es Rec~t;rJEluire C/I, FAIRMAN NOTICE OF ENTRY OF AWARD Now, the ~CF~'day o:_ <~L? ~-e m{2x'C ,2002, at ~),'orT,~_, ~.m., the above award was entered upon the docket and no'rice thereof given by mail to the panics or their attorneys. Arbi~ator's compensation to be paid upon a?eal: $ ~ 90. oo Prothon~ta~ DepuW LAWRENCE J. NEARY ATTORNEY AT LAW 108-112 WALNUT STREET HARRISBURG, FA 17101-1609 Telephone: (717) 238-4798 FAX: (717) 238-4793 File No.910299 September 2, 2003 Michael A. Breski 4550 Berkley Street Harrisburg, PA 17109 RE: Breski v. Theres Dear Mike: In response to my letter dated August 22, 2003, ]i received a telephone call on August 26, 2003 from Attorney Kunz who represents Mr. and Mrs. Theres. She advised me that the judgment amount had been paid and faxed to my attention a copy of the check from the settlement agent made payable to you and subsequently endorsed and deposited. Admittedly, the quality of the check is not perfect, however it does identify you as the payee and the amount would appear to be consistent with the payoff numbers that I had previously submitted to the title company. This letter will confirm that I attempted to contact you by telephone and have left messages on your voice mail on August 27th and August 28, 2003 to which I have not received a response as of Tuesday, September 2, 2003. I have today received a follow up telephone cai1 from their Attorney advising me that if the Judgment and Mechanics' Lien are not satisfied, they will invoke the penalty provision set forth in Section 42 Pa.C.S. 8104 which provides for a penalty of up to $2,500.00 if the [udgment is not satisfied after demand for satisfaction is made. ' My file reflects that I have not heard from you since you assured me in November that you had not picked up the check directly from the Title Company. The check that they have provided to us is dated December 4, 2002. This letter will confirm that at no time did you advise me of the receipt of those funds nor authorize me to satisfy the Judgment and Mechanics' Lien. Enclosed for your reference is a copy of my invoice for legal services and Court costs which currently stand at $3,144.50. As I recall, a component of the award that you received related to the payment of your attorney's fees to secure the amount of the recovery. As I indicated in my prior phone message, I will need payment of $3,300.00 to Michael A. Breski September 2, 2003 Page Two cover the legal fees and costs incurred to date and the anticipated fees and costs to satisfy both of the claims on the record and notify the Attorney of the filing. This amount must be paid before ! will proceed with the Satisfactions. Needless to say, ! was very distressed to learn of the situation which now requires your immediate attention to resolve in a satisfactory manner to preserve our attorney- client relationship. LJN/jlk Enclosure Very trul7 yours,/...) LAWRENCE J. NEARY ATTORNEY AT LAW I08-112 WALNUT STREET HARRISBURG, PA 17101-1609 Telephone: (717) 238-4798 FAX: (717) 7-38-4793 File No.910299 September 17, 2003 Michael A. Breski 4550 Berkley Street Harrisburg, PA 17109 RE: Breski v. Theres Dear Mike: I note that I have not received a response to my previous letter dated September 2, 2003 regarding the authorization that I need from you to satisfy the Judgment and Mechanics' Lien. If I do not receive authorization from you, then I will have to petition the Court to withdrawal my appearance to avoid the imposition of any penalties that may be awarded as a result of the failure to satisfy. It is imperative that I hear from you regarding this matter on or before Tuesday, September 23, 2003. LJN/jlk Very truly yours, LAW Ot _ CES OFJ. Rvssc C p.c. ATTORNEYS AT LAW 3800 Market Street Camp Hill, PA 17011 Peter J. Russo, Esquire Scott A. Stein, Esquire John N. Papoutsis, Esquire September 19, 2003 Debra A. Micklo, Paralegal Melissa M. Mehaffey, Paralegal Michael Theres and Judy R. Theres 213 North Baltimore Street Mount Holly Springs, PA :17065 RE: Michael A. Breski v. Michael Theres and Judy R. Theres No. 02-90, Cumberland County, Pennsylvania Dear Mr. and Mrs. Theres: Please be advised that this firm represents Chelsea Settlement Services. It is my understanding that my client handled the closing of your loan refinance transaction with New Century Mortgage on November 25, 2002. It is my further understanding that pursuant to your refinance, the above-referenced judgment was addressed and paid at closing. You have recently contacted my client regarding this judgment and you have forwarded to them a copy ora letter from Lawrence J. Nem3~ dated August 22, 2003. I have reviewed yo~tr loan closing file and the letter from Mr. Neary. I have also contacted Chelsea's title insurance underwriter regarding this matter. Enclosed please find copies of two written judgment payoffs for the subject judgment. One payoffis from the judgment creditor and one is from Mr. Neary. Both payoffs directly validate the payoff amount of $16,253.94 which was collected and disbursed at your loan closing. In e event that the judgment creditor continues to disregard the enclosed payoff statements and begins judgment execution proceedings, please be s ' that my client's title insur~ce underwriter can defend th~ lien posit~ioUr~ ~ l~twifi~cemn~u~ Mortgage. Very Truly Yours, John N. Papoutsis, Esquire CC.' Brian Zulli, Esq., Conestoga Title Insurance Co. Lawrence J. Neary, Esq. Enclosures PHONE: (717) 591-1755 THE CHELSEA BUILDING FAX: (717) 591 ~ 1756 LAWRENCE J. NEARY ATTORNEY AT LAW 108-112 WALNUT STREET HARRISBURG, PA 17101-1609 Telephone: (717) 238-4798 FAX: (717) 238-4793 File No.910299 September 24, 2003 John N. Papoutsis, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 RE: Michael A. Breski v. Micheal Theres and Judy Theres No. 02-90, Cumberland County, Pennsylvania Dear Mr. Papoutsis: Thank you for sending me a copy of your letter dated September 19, 2003. Upon being presented with a copy of the judgment payoff check that appeared to be endorsed by my client, I have requested by telephone on two occasions, followed by two letters to my client requesting confirmation that he had endorsed the payoff check and his authorization for me to proceed to discontinue the actions. I have not received any response from my client. I must point out that since my appearance had been entered on behalf of Mr. Breski in both actions, the settlement check should have been directed to my attention and not paid directly to the judgment holder to insure that the matter was satisfied in the public record. At some point, I will have no alternative but to withdraw my appearance for lack of cooperation from my client. Unless I receive some specific authorization from my client, I do not anticipate proceeding with any execution~on the judgment. Very truly yours, LJN/jlk ~w~en~..~ cc: Michael A. Breski LAWRENCE J. NEARY ATTORNEY AT LAW 108-112 WALNUT STREET HARRISBURG, PA 17101-1609 Telephone: (717) 238-4798 FAX: (717) 238-4793 File No.910299 November 17, 2003 Michael A. Breski 4550 Berkley Street Harrisburg, PA 17109 RE: Outstanding Legal Fees Breski v. Theres No. 02-90 Dear Mike: A review of my file indicates that when we last spoke on October 7, 2003, you advised me that a refinance was scheduled on your home at the end of the month and that payment thereafter would be made on your nnpaid balance for legal fees. As of this date, I have not received any payment. This letter will also confirm that you did not authorize me on that date to proceed to satisfy the judgment. Since payment has been made in full, there is no basis to delay the satisfaction of the judgment. If the judgment is not satisfied, you may incur monetary penalties for failing to do so. Thus, I would request that you immediately authorize me to proceed to satisfy the judgment which I will do. If I do not hear from you by Friday-, November 21, 2003, I will immediately on Monday, November 24, 2003 file a Petition to withdraw my appearance and initiate suit against you for the payment of your outstanding legal fees and costs. LJN/jlk Enclosure Very tn~ly yours, 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 Petition of Plaintiff's Counsel for Leave to Withdraw Appearance 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, [-~ence ~ I~ary, Esq ~jj~"-'- Petition_e.r ~ Attorney f~r Plaintiff 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, Plaintiff MICHAEL THERES and JUDY THERES, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-0090 CIVIL TERM ORDER OF COURT AND NOW, this l0th day of December, 2003, upon consideration of the Petition of Plaintiff's Counsel for Leave To Withdraw Appearance, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. ,~awrence J. Neary, Esq. 108-112 Walnut Street Harrisburg, PA 17101-1609 Attorney for Plaintiff · /~ichael A. Breski 4550 Berkley Street Harrisburg, PA 17109 ,/fohn N. Papoutsis, Esq. Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 Attorney for Defendant BY THE COURT, .~I/ y Ole~l.~., j. 12-11- 3 .'rc L I :8 !/~; 01 3~10 80 MICHAEL A. BRESKI 'da M.B. CUSTOM HOMES AND REMODELING, Plaintiff 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 MOTION TO MAKE THE RULE ABSOLUTE AND NOW, comes the Petitioner, Lawrence J. Neary, Esquire, who respectfully represents as follows: 1. The Petitioner filed on December 4, 2003 a 'Petition of Plaintiff's Counsel for Leave to Withdraw Appearance and a copy was served on the Plaintiff, Michael A. Breski and John N. Papoutsis, Esquire, attorney for the Defendants, Michael and Judy Theres, his wife. 2. Pursuant to the Order of Court dated December 10, 2003, a copy of which is attached hereto and marked Exhibit A, a Rule was issued which was returnable within 20 days from the date of the Order which would have been on or before December 30, 2003. 3. In addition to service of the Order by the Prothonotary, a copy of said Order was mailed to Michael A. Breski and John N. Papoutsis, Esquire on December 15, 2003 as per the Certificate of Service attached hereto and marked Exhibit B. 4. The date set forth in the Rule Returnable has passed and no objection has been filed to the Petition for Leave to Withdraw Appearance. 5. Petitioner, Lawrence J. Neary, Esquire, requests leave to withdraw his appearance in the above captioned matter and as set forth in the Petition (paragraph 5), the related Mechanics' Lien matter entered to No. 01-5942 MLD in Cumberland County. WHEREFORE, Petitioner requests that the Rule be made absolute and that the Petitioner, Lawrence J. Neary, Esquire, be permitted to withdraw his appearance in the above captioned matter and the Mechanics' Lien claim docketed to No. 91-5942 MLD. Date: Respectfully Submitted, Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827 2 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 Motion to Make the Rule Absolute 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, Lav~ce J. N~-'y, Esquire/ Peti~oner and Attorney for I~lntiff 108-112 Walnut Street ~ Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827 3 MICHAEL A. BRESKI t/a M.B. CUSTOM HOMES AND REMODELING, Plaintiff MICHAEL THERES and JUDY THERES, his wife, : Defendants : IN THE COURT OF COMMON PLEAS OF CLrMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-0090 CIVIL TERM ORDER OF COURT' AND NOW, this l0th day of December, 2003, upon consideration of the Petition of Plaintiff's Counsel for Leave To Withdraw Appearance, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. Arence J. Neary, Esq. 112 Walnut Street isburg, PA 17101-1609 mey for Plaintiff BY THE COURT, j' es 1 ey~O l~"~e~ .~r .~_~ Michael A. Breski 4550 Berkley Street Harrisburg, PA 17109 John N. Papoutsis, Esq. Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 Attorney for Defendant :re In Testimgn~h~re~f;ZI heF~to s~t my hand and the se¢[ ~f ~aid Cpurf. ~Carli~Je; P& 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 CERTIFICATE OF SERVICE I, Lawrence J. Neary, attorney for the Plaintiff, hereby certify that I have served a copy of the Order of Court dated December 10, 2003, on December 15, 2003 upon the following 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. Russe, P.C. 3800 Market Street Camp Hill, PA 17011 Da~: Respectfully Submitted, ~.~n~e J~ ~lea-r~/ Esquire / 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 I _'~ day of ,~ ~--ho2_) ~-[ ,2004, upon consideration of the Petition of Plaintiff's Counsel for Leave to Withdraw and the Motion to Make the Rule Absolute, it is hereby ORDERED and DECREED that said petition is GRANTED and that Petitioner, Lawrence J. Neary, Esquire, be permitted to withdraw his appearance of record for the Plaintiff, Michael A. Breski, in the above matter and in the Mechanics' Lien docket No. 01-5942 MLD. BY THE COURT: 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 PRAECIPE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, 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, entered to the above term and number, allowing the same. Date: Respectfully Submitted, Attorney for Plaintiff L~ 108.-112 Walnut Street Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827 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 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, Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827 MICHAEL A. BRESKI tJa 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 ENTRY OF APPEARANCE AND PRAEClPE TO SATISFY TO THE PROTHONOTARY OFCUMBERLAND COUNTY: Please reenter my appearance on behalf of the Plaintiff, Michael A. Breski Fa M.B. Custom Homes and Remodeling and mark the judgement entered to the above captioned term and number as satisfied and all costs have been paid. Date: Respectfully Submitted, (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827 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, L~w~ence J./N~ary, Esq~re Attorney for[P~aintiff / 108-112 Walnut Street -- Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827