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HomeMy WebLinkAbout14-0548 David R. Galloway Counsel for Claimant Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697 -4650 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING &SEALING, C: Claimant, MECHANICS' LIEN CLAk7 '` r - v.A C No. 14- / /�� r-7-' —4c, NEAL B. QUESINBERRY and, x r7 c7-�. KIMBERLY V. WEEKS, husband and wife, ,_ 6 Owners. .« - NOTICE OF FILING OF MECHANICS' LIEN CLAIM To: Neal B. Quesinberry Kimberly V. Weeks 1323 Swope Dr. Boiling Springs, PA 17007 TAKE NOTICE that J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, 145 Salem Church Rd, Mechanicsburg, PA 17050 filed a Mechanics' Lien Claim against real property owned by you known as 1323 Swope Dr., Boiling Springs, PA 17007, situate in Monroe Township, Cumberland County, Pennsylvania. A copy of the claim is attached. Respectfully submitted, ERS & GALLOWAY, PLLC By: Date: January 2014 David R. Galloway Counsel for Defend t �4�- 3 C) 0'? V? David R. Galloway Counsel for Claimant Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697 -4650 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, Claimant, MECHANICS' LIEN CLAIM V. No. 14- 0 c (� NEAL B. QUESINBERRY and, KIMBERLY V. WEEKS, husband and wife, Owners. MECHANICS' LIEN CLAIM AND NOW, Claimant J.W. PARVIN ENTERPRISES, INC., t/a PARVIN PAVING & SEALING, by and through its attorneys WALTERS & GALLOWAY, PLLC, files this claim against the improvements and property at 1323 Swope Dr., Boiling Springs, PA 17007 for the payment of a debt due to Claimant. In support thereof, Claimant makes the following statement: 1. J.W. Parvin Enterprises, Inc., t/a Parvin Paving & Sealing (hereinafter "Claimant ") is a corporation organized under the laws of Pennsylvania with a principal mailing address of 145 Salem Church Rd., Mechanicsburg, PA 17050. 2. Neal B. Quesinberry and Kimberly V. Weeks, husband and wife, (hereinafter "Owners ") own and reside at the real estate located at 1323 Swope Dr., Boiling Springs, Monroe Township, Cumberland County, PA 17007. 3. The real property subject to the lien is 1323 Swope Dr., Boiling Springs, Monroe Township, Cumberland County, Pennsylvania, Tax Parcel No. 22 -33- 0043 -005 (hereinafter the "Property "). A copy of the Deed into Owners is attached hereto as Exhibit "A." 4. The labor and materials for which the debt is due were furnished by Claimant for the agreed sum of $13,390 pursuant to a written contract, and subsequent change orders, with the Owners dated August 23, 2013; September 9, 2013; September 13, 2013; and September 14, 2013 (collectively hereinafter the "Contract "); a copy of the Contract is attached hereto as Exhibit `B." 5. Pursuant to the Contract, the labor and materials for which the debt is due consisted primarily of the removal of an existing blacktop driveway and parking pad and the installation of a new asphalt driveway and parking pad at the Property. Claimant performed landscaping /grading after the installation of the new asphalt driveway. 6. The last day Claimant supplied labor and /or material was September 17, 2013, which is less than six (6) months before the filing of this claim. 7. Claimant has been paid nothing toward the debt due Claimant for the stated labor /materials. 8. The balance due and owing is $13,390 for which this claim is made. WHEREFORE, Claimant J.W. Parvin Enterprises, Inc. t/a Parvin Paving & Sealing claims to have a lien upon 1323 Swope Dr., Boiling Springs, Monroe Township, Cumberland County, PA 17007, Tax Parcel No. 22 -33- 0043 -005, in the total sum of $13,390. Respectfully submitted, ERS & GALLOWAY, PLLC David R. oway #8 326 Counsel for Defendan EXHIBIT "A" DEED WARRANTY 0012G5 IND. OR CORP. PARCEL NO. 22.33 -0043 -005 This Deed MADE THE f DAY OF June TWO THOUSAND TEN (2010) Between Robert S. Ritter and Donna M. Kenee, now by marriage known as Donna M. Ritter, his wife - herein designated as the Grantors, And Neal B. Quesinberry and Kimberly V. Weeks, husband and wife, of Monroe Township, Cumberland County, Pennsylvania herein designated as the Grantees, Witnesseth, that the Grantors, for and in consideration of TWO HUNDRED THIRTY FIVE THOUSAND DOLLARS AND N01100 DOLLARS........... ($235,000.00) ............. lawful money of the United States of America, to the Grantors in hand well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever, their heirs and assigns as tenants by the entirety: ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the Southerly side of Swope Drive, Monroe Township, Cumberland County, Pennsylvania, and being also known as Lot No. 27 on a plan of lots of White Rock Acres, Section A, and being more fully bounded and described according to a survey by Stephen G. Fisher, R.S., dated November 2, 1978, as follows: BEGINNING AT an iron pin found on the Southerly side of Swope Drive and a corner of lands now or formerly of Harry M. Bolger, Lot No. 28 of the above mentioned plan, said iron pin being measured along same, 1227.68 feet to the Eastern extension of a curve having a radius of 25.00 feet and length of 10.56 feet, connecting the Southern line of Swope Drive and the Eastern line of Horiek Drive; thence extending from said beginning point and along Swope Drive, North 73 degrees 10 minutes East, 36.21 feet to a point of curve; thence extending along the Southerly side of the cut -de- sac of Swope Drive, by a curve to the left having a radius of 50.00 feet for an are length of 94.90 feet to an iron pin found at a corner of land now or formerly of Richard C. and Christine A. Parr, Lot No. 26 of the above mentioned plan; thence extending along same the following two courses and distances: (1) South 59 degrees 10 minutes East 146.00 feet to a pipe found; (2) thence South sixteen degrees twenty-three minutes East, 133.58 feet to a hub at a corner of land now or formerly of Jack L. and Ella Z. Heishman; thence extending along the same and also land now or formerly of Parvin A. and Donna J. Weaver, South seventy-eight degrees forty -nine minutes East, 214.00 feet to a pipe found at corner of land now or formerly of Harry M. Bolger, Lot No. 28 of the above mentioned plan; thence extending along same, North sixteen degrees fifty minutes West 237.39 feet to an iron pipe, bound, the first mentioned pipe and place of BEGINNING. HAVING THEREON ERECTED a dwelling house known as No. 1323 Swope Drive, Boiling Springs, Pennsylvania, 17007. BEING THE SAME PREMISES which David R. Hatch and Bethany J. Hatch, his wife, by deed dated December 14,1981, and recorded December 24,1981, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Volume Q, Deed Book No. 29, Page No. 563, granted and conveyed unto Robert S. Ritter and Donna M. Kenee, Grantors herein. And the said Donna M. Kenee, is now known by marriage, as Donna M. Ritter. UNDER AND SUBJECT, NEVERTHELESS, to any conditions, covenants, restrictions, reservations, easements and rights of way of record or visible upon an inspection of the premises. Together with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; And Also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, or, in and to the premises herein described and every part and parcel thereof with the appurtenances. To Have And To Hold all and singular the premises herein described together with the hereditaments and-appurtenances unto the Grantees and the Grantees' proper use and benefit forever. And the Grantors covenant that, except as may be herein set forth, they do and will Specially Warrant and Defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim the same. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" has been inserted after each and every such designation. In Witness Whereof, the Grantors have hereunto set their hands and seals, or if a corporation, it has caused these presents to be signed by its proper corporate officers and its corporate seal to be affixed hereto, the day and year first above written. Signed, Sealed and Delivered in the presence of or Atteste by Robert S. Ritter Donna M. Kene n/b /m Donna M. Ritter Commonwealth of Pennsylvania, County of Cumberland } ss: Be It Remembered, that on June I - 1 , 2010 before me the subscriber personally appeared Robert S. Ritter and Donna M. Kenee now by marriage Donna M. Ritter, known to me (or satisfactorily proven) to . be the persons whose names are subscribed to the within deed and acknowledged that they executed the same for the purposes therein contained. Witness my hand and seal the day and year aforesaid. COMMON OF PENNSYLVANIA NOTARIAL SEAL SHELLY SEXTON, Notary Public Cadisle 80ro, Cumberland County My Commission Expires April 26, 2011 DEED Robert S. Ritter Donna A Ritter To Neal B. Quesinberry Kimberly Weeks The Undersigned certifies that the precise residence and complete post office address of the Grantee is: 1323 Swope Drive Boiling Springs, PA 17007 _....._........ ........... ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE ' - "-- CARLISLE, PA 17013 717- 240 -6370 Instrument Number - 201015463 Recorded On 6/14/2010 At 11 :13:48 AM *Total Pages - 5 • Instrument Type - DEED Invoice Number - 67222 User ID - KW • Grantor - RITTER, ROBERT S * Grantee - QUESINBERRY, NEAL B • Customer - RON JOHNSON * FEES STATE TRANSFER TAX $ Certification Page STATE WRIT TAX $0.50 STATE JCS /ACCESS TO $23.50 DO NOT DETACH JUSTICE RECORDING FEES — $12.00 p ag e This a e is ' now p RECORDER OF DEEDS art PARCEL CERTIFICATION $10.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE, $3.00 CUMBERLAND VALLEY $1,175.00 SCHOOL DISTRICT MONROE TOWNSHIP $1,175.00 TOTAL PAID $4,762.50 1 Certify this to be recorded in Cumberland County PA RECORDER O D DS �o • - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. l007I2b5 I II��IIIIIIIItI I II�1� I) I�� EXHIBIT `B" - Ti PARV I NIne. PAVING & SEALING since 1974 145 Salem Church Road, Mechanicsburg, PA 17050 (717) 766 -0408 • Fax (717) 796 -0629 PA HIC #PA8237 Proposal Provided For August 20, 2013 To: Neal Quesinberry Job Location: 1323 Swope Drive 1323 Swope Drive Boiling Springs, PA 17007 Boiling Springs, PA 17007 We appreciate the opportunity to provide the following proposal for paving to include: • Saw cut blacktop surfaces to create an edge for the new blacktop to abut. • Excavate and remove the existing blacktop and new driveway surface approx. 365 yds. • Place, grade and compact 1" of 2a modified stone and compact in old driveway. • Place, grade and compact 6" of 2a modified stone and compact in new driveway area. • Place asphalt base course (BCBC) to a compacted de t1hh of 2 inches • Place Id - 2 wearing surface to a c ompacted depth of 1, 1/2 inches • Place a non - tracking tar on the adjoining blacktop edges as needed. Total cost $11,575.00 Guarantee: All material and workmanship is guaranteed for a period of(3) three years. Surcharge: This proposal is based on the current state oil index price. Due to the uncertainty of future prices for blacktop, we reserve the right to adjust our quoted prices accordingly at time of blacktop placement. A surcharge will consist of only the additional cost from our supplier to us. Proposal may be withdrawn by us if not accepted within 60 days. Estimator: CJ Myers, ' -*e1 tv Exclusions: Utility adjustments, Permits, Inspection fees, Testing, Rock removal, Landscaping would be at an additional cost. Additional Costs: Any alteration or deviation from the above specifications involving extra costs will result in a proportional increase in the price of the proposal. Cancellation: You have the right to rescind this contract without penalty within (3) three business days of the signing of this contract except emergency situations. Insurance: we are fully insured for your protection and our workers. Our general liability insurance limit is $1,000,000. Bureau of Consumer Protection: To verify a contractor's registration number you may call toll free 1- 888 -520 -6680. Payment: Payment at end of paring completion or 50", of lolal cost and $500.110 dollars a month fill job is payed tiff. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the wo as specified. Payment will be made as outlined above. Approximate start dat : 0 a s om ace ptance and completed within 60 days. l� . Date of Acceptance: Signature: Signature: y MpFARVINInc. PAVING & SEALING since 1974 145 Salem Church (load, Mechanicsburg, PA 17050 (717) 766 -0408 • Fax (717) 796 -0629 PA MC #PA8237 Proposal Provided For September 9, 2013 To: Neal Quesinberry Job Location: 1323 Swope Drive 1323 Swope Drive Boiling Springs, PA 17007 Soiling Springs, PA 17007 E -mail: nquesinberry @gmail.com We appreciate the opportunity to provide the folloiping proposal for paving to include. Cut Sidewalk Saw cut sidewalk to achieve a nice break point as per customers request. $500.00 Initial Guarantee: Material and workmanship is guaranteed for (3) three years. Equipment: Paving material to be placed with a 17,000 lb, motorized paver. Material compacted with a 4 -6 ton vibratory roller. Maintenance: Sealeoating is a part of arecommended maintenance program that will help to improve the life and appearance of your driveway, but will not correct any flaws in the existing surface. Routine sealcoating maintenance of your driveway is recommended about every 2 - 3 years. Proposal may be withdrawn by us if not accepted within 60 days. Estimator: CJ Myers, 6Y—O Wl Exclusions: Utility adjustments, Permits, Inspection fees, Testing, Rock removal, Landscaping would be at an additional cost ;Additional Costs: Any alteration or deviation from the above specifications involving extra costs will result in a proportional increase in the price of the proposal. Cancellation: You have the right to rescind this contract without penalty within (3) three business days of the signing of this contract except emergency situations. Insurance: We are fully insured for your protection and our workers. Our general liability insurance limit is $1,000,000. Bureau of Consumer Protection: To verify a contractor's registration number you may call toll free 1-888-520-6680. Payment: Payment to be made upon completion of the work. After 30 days and interest charge of 1.5% per month will be applied to any unpaid balance. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Approximate start date: 30 days from acceptance and completed within 60 days. Date ofAcceptance: j Signature: Signature: PAVING & SEALING since 1974 145 Salem Church Road, Mechanicsburg, PA 17050 (717) 766 -0408 • Fax (717) 796 -0629 PA HIC #PA8237 Proposal Provided For September 13, 2013 To: Neal Quesinberry Job Location: 1323 Swope Drive 1323 Swope Drive, Boiling Springs, PA 17007 Boiling Spring, PA 17007 E -mail: nquesinberry@ginail.com We appreelate the opportunity to provide the following proposal for drain work to include: Installing 70' xV schedule 40 PVC pilling to down spout. Trench from down spout to the far side of the pad. Place and install 7 x 10' pipes. Attach 6 couplers and 2 elbows and primer and glue all the connections. Place 2a Mod stone back into trench and compact in lifts as needed to the finished stone grade. Cost $220.00 Initial This cost has been adjusted due to we are onsite and already working on the project. . Guarantee; No guarantee for any particular time frame on stone work & drains and workmanship to be completed as stated. Proposal may be withdrawn by us if not accepted within 60 days. Estimator: Rick Beddow, `%t euTi 0 a. kw- Exclusions: Utility adjustments, Permits, Inspection fees, Testing, Rock removal, Landscaping would be at an additional cost. Additional Costs: Any alteration or deviation from the above specifications involving extra costs will result in a proportional increase in the price of the proposal. Cancellation: You have the right to rescind this contract without penalty within (3) three business days of the signing of this contract except emergency situations. insurance: We are fully insured for your protection and our workers. Our general liability insurance limit is $1,000,000. Bureau of Consumer Protection: To verify a contractor's registration number you may call toll free 1- 888 -520 -6680. Payment; Payment to be made upon completion of the work. After 30 days and interest charge of 1.5% per month will be applied to any unpaid balance. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Approximate start date: , 30 days fr acceptance and completed within 60 days. Date ofAcc:eptance: q Signature: Signature: - FA PAVING & SEALING since 1974 145 Salem Church Road, Mechanicsburg, PA 17050 (717) 766 -0408 • Fax (717) 796 -0629 PA HIC #PA8237 Proposal Provided For September 14, 2 013 To: Neal Quesinberry Job Location: 1323 Swope Drive 1323 Swope Drive, Boiling Springs, PA 17007 Boiling Spring, PA 17007 E - mail: nuesnnberry @ginail.com We appreciate lite opportunity to provide the following proposal for drain work to include: Stone R.74 the drain & piping to lower yard Trench a 5' x 15' drain tile in the lower yard. Place R -4 Ballast stone in trench. (Approx. 3 ton) Place and install 70'x 4" corrugated pipe to lower property. Place fabric and top soil back onto the surface. (Seed & hay) Cost $365.00 Initial This cost has been adjusted due to we are onsite and already working on the project. . Guarantee: No guarantee for any particular time frame on stone work & drains and workmanship to be completed as stated. Proposal may be withdrawn by us if not accepted within 60 days. Estimator: Rick Beddow, ` %tGG/rri ✓)PfJ�CL�OIO Exclusions: Utility adjustments, Permits, Inspection fees, Testing, Rock removal, Landscaping would be at an additional cost. Additional Costs: Any alteration or deviation from the above specifications involving extra costs will result in a proportional increase in the price of the proposal. Cancellation: You have the right to rescind this contract without penalty within (3) three business days of the signing of this contract except emergency situations. Insurance: We are fully insured for your protection and our workers. Our general liability insurance limit is $1,000,000. Bureau of Consumer Protection: To verify a contractor's registration number you may call toll free 1- 888 -520 -6680. Payment: Payment to be made upon completion of the work. After 30 days and interest charge of 1.5% per month will be applied to any unpaid balance. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlnied above. Approximate start date: 30 day fr a eptance and completed within 60 days. Date of Acceptance: �{� Signature: Signature: L V J�L�L V Inc. PAVING & SEALING since 1974 145 Salem Church Road, Mechanicsburg, PA 17050 (717) 766 -0408 • Fax (717) 796 -0629 PA HIC #PA8237 Proposal Provided For September 14, 2043 To: Neal Quesinberry Job Location: 1323 Swope Drive 1323 Swope Drive Boiling Springs, PA 17007 Boiling Springs, PA 17007 We appreciate the opportunity to provide the following proposal for paving to include. Paving of parking pad area Excavate and remove the 2b stone on current parking pad. Place grade and compact 1" of 2a crushed stone for parking pad to be paved. Place 2 1/2" of asphalt base and compact. Place 2 1/2" " of asphalt top wearing and compact. Cost $730.00 Initial A14-1 Guarantee: Material and workmanship is guaranteed for (3) three years. Equipment: Paving material to be placed with a 17,000 lb. motorized paver. Material compacted with a 4 -6 ton vibratory roller. Maintenance: Sealcoating is a part of a recommended maintenance program dial will help to improve the life and appearance of your driveway, but will not correct any flaws in the existing surface. Routine sealcoating maintenance of your driveway is recommended about every 2 - 3 years. Proposal may be withdrawn by us if not accepted within 60 days. Estimator: hick Beddow, : /tGC/Ti OG'Q Exclusions: Utility adjustments, Permits, Inspection fees, Testing, Rock removal, Landscaping would be at an additional cost Additional Costs: Any alteration or deviation from the above specifications involving extra costs will result in a proportional increase in the prim of the proposal. Cancellation: You have the right to rescind this contract without penalty within (3) three business days of the signing of this contract except emergency situations. Insurance: We are fully insured for your protection and our workers. Our general liability insurance limit is $1,000,000. Bureau of Consumer Protection: To verify a contractor's registration number you may call toll free 1- 888 -520 -6680. Payment: Payment to be made upon completion of the work. After 30 days and interest charge of 1.5% per month will be applied to any unpaid balance. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Approximate start date: days from acceptance and completed within 60 days. Date of Acceptance: Signature: Signature: PAVING & SEALING since 1974 145 Salem Church goad, Mechanicsburg, PA 17050 (717) 766 -0408 • Fax (717) 796 -0629 PA HIC #PA8237 Proposal Provided For September 14, 2013 To: Neal Quesinberry Job Location: 1323 Swope Drive 1323 Swope Drive, Boiling Springs, PA 17007 Boiling Spring, PA 17007 E -mail: nquesilrberry @gmaii.com We appreciate the opportunity to provide the following proposal for Top Soil to include: Ton Soil for the lower yard The delivery of top Soil to the property delivered and dumped in the lower yard. (D eli - yea o W w� Cost $150.00 (per truck) Initial 'L l7A S 3 (Laborers for spreading out the tolp soil Cost $98.00 (Per Hour) Initial This cost bas been adjusted due to we are onsite and already working on the project. . J Proposal may be withdrawn by us if not accepted within 60 days. Estimator: Rick Beddow, "?, ,6Aedfflot - Exclusions: Utility adjustments, Permits, Inspection fees, Testing, Rock removal, Landscaping would be at an additional cost. Additional Costs: Any alteration or deviation from the above specifications involving extra costs will result in a proportional increase in the price of the proposal. Cancellation: You have the right to rescind this contract without penalty within (3) three business days of the signing of this contract except emergency situations. Insurance: We are fully insured for your protection and our workers. Our general liability insurance limit is $1,000,000. Bureau of Consumer Protection: To verify a contractor's registration number you may call toll free 1- 888 - 520 -6680. Payment: Payment to be made upon completion of the work. After 30 days and interest charge of 1.5% per month will be applied to any unpaid balance. Acceptance Of PrOpOSal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Approximate start date: 30 days from acceptance and completed within 60 days. Date of Acceptance: " V Signature: i"i i'l / Signature: i _, . ; _ - r - -. _. .._ _. ....., - .... ,. .._ _ _. _. ... _... �, . � _ -.. _ _ _ _ _. - 3 3xt� -. _; x��; ,'� _. ;�- _ � - �. ,; �- � -. . �g � _ _ �. Y 3i � � ,. � ,; . ,•,,4 �� ,, !� �.i �j � .� .� ;� _ . .. . ,. . VERIFICATION I verify that the facts set forth in this Mechanics' Lien Claim are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 1.8 Pa.C.S § 4909, relating to unsworn falsification to authorities. Date: January 24t4 2014 By James W. Parvin, President and CEO J.W. Parvin Enterprises, Inc. 1-±LE -OF Fii; David R. Galloway E HE PRO TNMt*40 /4 k Counsel for Claimant Attorney I.D. No. 87326 Mil JAN 30 $: 25 WALTERS & GALLOWAY, PLLC 54 E. Main Street CUt'J RLAno COUNTY Mechanicsburg, PA 17055 PENNSYLVANIA Telephone: (717) 697-4650 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA J.W. PARVIN ENTERPRISES, INC. t/a • PARVIN PAVING & SEALING, • Claimant, MECHANICS' LIEN CLAIM v. • • No. 14-00548 NEAL B. QUESINBERRY and, KIMBERLY V. WEEKS, husband and wife, • Owners. • AMENDED NOTICE OF FILING OF MECHANICS' LIEN CLAIM To: Neal B. Quesinberry Kimberly V. Weeks 1323 Swope Dr. Boiling Springs, PA 17007 TAKE NOTICE that on January 28, 2014, J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, 145 Salem Church Rd, Mechanicsburg, PA 17050, filed a Mechanics' Lien Claim against real property owned by you known as 1323 Swope Dr., Boiling Springs, PA 17007, situate in Monroe Township, Cumberland County, Pennsylvania, at the above term and number. A copy of the claim is attached. Said Mechanics' Lien Claim is for the sum of$13,390. Respectfully submitted, WALT &S GALLOWAY, PLLC By: ,: Date: Januarys , 2014 David R. Gallow y Counsel for Def ndant THE 1 ,.:x: - f. David R. Galloway t r HE. Ro j flii,Ct, Counsel for Claimant Attorney I.D. No. 87326 � ��FEB 1 P WALTERS & GALLOWAY, PLLC 19 ; 54 E. Main Street CUMBERLAND Telephone: (7 Mechanicsburg, pE 7) 697 46 0 Pdr S Y�OVA f NTy IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA J.W. PARVIN ENTERPRISES, INC. t/a • PARVIN PAVING & SEALING, • Claimant, • • MECHANICS' LIEN CLAIM v. • No. 14-00548 NEAL B. QUESINBERRY and, • KIMBERLY V. WEEKS, husband and wife, • Owners. AFFIDAVIT OF SERVICE OF NOTICE David R. Galloway, being duly sworn according to law, deposes and says the following: I am the attorney for J.W. Parvin Enterprises, Inc. t/a Parvin Paving & Sealing, the Claimant in the above-captioned action. In said capacity, I caused the service of a Notice of the filing of Mechanics' Lien Claim in the above-captioned action to be made by the Sheriff of Cumberland County. Service of the Notice of Mechanics' Lien Claim was made upon Neal B. Quesinberry and Kimberly V. Weeks, as follows: 1. By serving Neil B. Quesinberry, husband of Defendant, who accepted as "Adult Person in Charge" for Kimberly V. Weeks, at 1323 Swope Drive, Monroe Township, Boiling Springs, PA 17007, on January 31, 2014, at 10:04 a.m., as more fully described in the attached Sheriff's Return of Service of Cumberland County Sheriff's Department. 2. By serving Neil B. Quesinberry, at 1323 Swope Drive, Monroe Township, Boiling Springs, PA 17007, on January 31, 2014, at 10:04 a.m., as more fully described in the attached Sheriff's Return of Service of Cumberland County Sheriff's Department. ti David R. Galk'way Sworn to and subscribed before me this day-of Fgbruary, 2014. �.\ COMMONWEALTH OF PENNSYLVANIA �-V`- Notarial Seal Notary Public Susan L.Houck,Notary Public Mechanicsburg Boro,Cumberland County My Commission Expires Dec.3,2016 MEMBER,PENNSNIVANIA ASSOCIATION OF NOTARIES ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Of CliNt)ply.tio. Jody S Smith Chief AIN Richard W Stewart Solicitor ocr.,cr4.:r141 ; SRIF- J.W. Parvin Enterprises, Inc. t/a Parvin Paving and Sealing Case Number vs. 2014-548 Neal B Quesinberry (et al.) SHERIFF'S RETURN OF SERVICE 01/31/2014 10:04 AM- Deputy Brian Grzyboski, being duly sworn according to law, served the requested Mechanics Lien Claim by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Neal B Quesinberry at 1323 Swope Drive, Monroe Township, Boiling Springs, PA 17007. RIAN GRZYBO KI, D TY 01/31/2014 10:04 AM -Deputy Brian Grzyboski, being duly sworn according to law, served the requested Mechanics Lien Claim by handing a true copy to a person representing themselves to be Neal B. Quesinberry, Husband , who accepted as"Adult Person in Charge"for Kimberly V Weeks at 1323 Swope Drive, Monroe Township, Boiling Springs, PA 17007. &A.,* //--3/ BRIAN GRZ OSKI, PUTY SHERIFF COST: $51.27 SO ANSWERS, February 05, 2014 R R ANDERSON, SHERIFF NOTARIAL SEAL CLAUDIA A.BREWBAKER,NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4,2017 NOTARY Affirmed and subscribed to before me this day of 1 ! " htto c)CountySuite Sheriff,Teleosoft.Inc. • 4 David R. Galloway Counsel for Claimant Attorney I.D. No. 87326 WALTERS &GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • J.W. PARVIN ENTERPRISES, INC. t/a • PARVIN PAVING & SEALING, • Claimant, • MECHANICS' LIEN CLAIM • v. : No. 14-00548 NEAL B. QUESINBERRY and, • KIMBERLY V. WEEKS, husband and wife, • Owners. CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of the within Affidavit of Service of Notice on this date, upon Defendants by first-class mail, postage pre-paid, addressed as follows: Mr. Neal B. Quesinberry Vincent L. Champion, Esquire Mrs. Kimberly V. Weeks RHOADS & SINON, LLP 1323 Swope Drive One South Market Square,.12th Fl. Boiling Springs, PA 17007 P.O. Box 1146 Harrisburg, PA 17108-1146 Respectfully submitted, WA ' S & GALLOWAY, PLLC By: l- Date: February IT, 2014 David R. Gallow. Counsel for Clai ant RHOADS & SINON LLP One South Market Square, 12th Fir. P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 r- :I ED-OF JL THE PRO THONO TAW( 2014 fliAR -3 PH 2: 56 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, Claimant, v. NEAL B. QUESINBERRY and , KIMBERLY V. WEEKS, husband and wife Owners. ANSWER TO MECHANICS' LIEN CLAIM No. 14-00548 PRAECIPE TO SUBSTITUTE COUNSEL TO THE PROTHONOTARY: Please withdraw Rhoads & Sinon LLP as counsel for Neal B. Quesinberry and Kimberly V. Weeks, husband wife, Owners. Kindly enter the appearance of Vincent L. Champion of the law firm of Champion Law Office, LLC on behalf of Owners in the above referenced action. CHAMPION LAW OFFICES, LLC By: Vincent L. Champion Champion Law Offices, LLC 301 S. Hanover Street, Suite 2 Carlisle, PA 17013 Telephone: (717) 701-8821 vchampion@championlawofficellc.com Attorney for Neal B. Quesinberry and Kimberly V. Weeks, husband and wife, Owners 938765.1 CERTIFICATE OF SERVICE I hereby certify that on this 28th day of February, 2014, a true and correct copy of the foregoing was served by means of United States mail, first class, postage prepaid, upon the following: David R. Galloway WALTERS & GALLOWAY, PLLC 54 E. Main St. Mechanicsburg, PA 17055 Attorney.for Claimant 'iisai?-1 B. Chand e David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Claimant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, Claimant, MECHANICS' LIEN CLAIM v. No. 14-00548 NEAL B. QUESINBERRY and, KIMBERLY V. WEEKS, husband and wife, Owners. NOTICE TO DEFEND 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 an 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 1-800-990-9108 717-249-3166 David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Claimant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, Claimant, MECHANICS' LIEN CLAIM v. No. 14-00548 NEAL B. QUESINBERRY and, KIMBERLY V. WEEKS, husband and wife, Owners. COMPLAINT IN ACTION UPON MECHANICS' LIEN AND NOW, comes Claimant, by and through its attorneys WALTERS & GALLOWAY, PLLC, and files this Complaint against Owners for the following reasons: 1. J.W. Parvin Enterprises, Inc., t/a Parvin Paving & Sealing (hereinafter "Claimant") is a corporation organized under the laws of Pennsylvania with a principal mailing address of 145 Salem Church Rd., Mechanicsburg, PA 17050. 2. Neal B. Quesinberry and Kimberly V. Weeks, husband and wife, (hereinafter "Owners") own and reside at the real estate located at 1323 Swope Dr., Boiling Springs, Monroe Township, Cumberland County, PA 17007. 3. Owners are the owners of 1323 Swope Dr., Boiling Springs, Monroe Township, Cumberland County, PA 17007 ("the Property"). A true and correct copy of the deed to the Property is incorporated herein, made part of hereof, and attached hereto as Exhibit "A". 4. The Property at 1323 Swope Dr., Boiling Springs, Monroe Township, Cumberland County, PA 17007 is also known as tax parcel number 22-33-0043-005. 5. Claimant is commencing this action as a contractor under the Mechanic's Lien Law of 1963.49 P.S. § 1101 et seq. 6. On January 28, 2014, Claimant filed Notice of Filing of Mechanics' Lien Claim with the Cumberland County Prothonotary's Office which was docketed at 14-548 MLD. On January 30, 2014, Claimant filed Amended Notice of Filing of Mechanics' Lien Claim with the Cumberland County Prothonotary's Office. A true and correct copy of the Notice of Filing of Mechanics' Lien Claim filed on January 28, 2014, and the Amended Notice of Filing of Mechanics' Lien Claim filed on January 30, 2014, are incorporated here, made a part hereof, and attached as Exhibit "B". 7. On January 31, 2014, the Owners were each served with a copy of the filed Mechanics' Lien Claim by Deputy Brian Grzyboski, Cumberland County Deputy Sheriff. A true and correct copy of the Sheriff's Return of Service is incorporated herein, made a part hereof, and attached hereto as Exhibit "C". 8. Owners have failed to make any further payments in regard to the obligation which is represented in the Mechanics' Lien Claim. 9. Pursuant to the written invoices and change orders issued by Claimant and accepted by Owners, the principal balance due and owing Claimant is $13,788. 10. Pursuant to the written invoices and change orders issued by Claimant and accepted by Owners, interest has been accruing at 1.5% per month. 11. As of the date of this Complaint, the amount of interest that has accrued on the unpaid claim is $1,754.29. WHEREFORE, Claimant, J.W. Parvin Enterprises, Inc. t/a Parvin Paving & Sealing, requests this Honorable Court enter a Judgment for $13,788, plus interest in the amount of $1,754.29, for a total Judgment of $15,542.29, plus costs and attorney's fees allowable by law. Date: May 19, 2014 Respectfully Submitted, WALTERS & GALLOWAY, PLLC By David R. Gallowa Counsel for Clai ant VERIFICATION I verify that the facts set forth in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904, relating to unsworn falsification to authorities. I am authorized to make this verification on behalf of J.W. Parvin Enterprises, Inc. t/a Parvin Paving & Sealing, because of my position as President and CEO. Date: May , 2014 By " James W. Parvin EXHIBIT A DEED WARRANTY IND. OR CORP. PARCEL NO. 22-33-0043-005 This Deed MADE THE I 1 DAY OF June TWO THOUSAND TEN (2010) Between Robert S. Ritter and Donna M. Kenee, now by marriage known as Donna M. Ritter, his wife herein designated as the Grantors, And Neal B. Quesinberry and Kimberly V. Weeks, husband and wife, of Monroe Township, Cumberland County, Pennsylvania herein designated as the Grantees, Witnesseth, that the Grantors, for and in consideration of TWO HUNDRED THIRTY FIVE THOUSAND DOLLARS AND NO/100 DOLLARS ($235,000.00) lawful money of the United States of America, to the Grantors in hand well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever, their heirs and assigns as tenants by the entirety: ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the Southerly side of Swope Drive, Monroe Township, Cumberland County, Pennsylvania, and being also known as Lot No. 27 on a plan of lots of White Rock Acres, Section A, and being more fully bounded and described according to a survey by Stephen G. Fisher, R.S., dated November 2, 1978, as follows: BEGINNING AT an iron pin found on the Southerly side of Swope Drive and a corner of lands now or formerly of Harry M. Bolger, Lot No. 28 of the above mentioned plan, said iron pin being measured along same, 1227.68 feet to the Eastern extension of a curve having a radius of 25.00 feet and length of 10.56 feet, connecting the Southern line of Swope Drive and the Eastern line of Horick Drive; thence extending from said beginning point and along Swope Drive, North 73 degrees 10 minutes East, 36.21 feet to a point of curve; thence extending along the Southerly side of the cul-de- sac of Swope Drive, by a curve to the left having a radius of 50.00 feet for an arc length of 94.90 feet to an iron pin found at a corner of land now or formerly of Richard C. and Christine A. Parr, Lot No. 26 of the above mentioned plan; thence extending along same the following two courses and distances: (1) South 59 degrees 10 minutes East 146.00 feet to a pipe found; (2) thence South sixteen degrees twenty-three minutes East, 133.58 feet to a hub at a corner of land now or formerly of Jack L. and Ella Z. Heishman; thence extending along the same and also land now or formerly of Parvin A. and Donna J. Weaver, South seventy-eight degrees forty-nine minutes East, 214.00 feet to a pipe found at comer of land now or formerly of Harry M. Bolger, Lot No. 28 of the above mentioned plan; thence extending along same, North sixteen degrees fifty minutes West 237.39 feet to an iron pipe, bound, the first mentioned pipe and place of BEGINNING. HAVING THEREON ERECTED a dwelling house known as No. 1323 Swope Drive, Boiling Springs, Pennsylvania, 17007. BEING THE SAME PREMISES which David R. Hatch and Bethany J. Hatch, his wife, by deed dated December I4, 1981, and recorded December 24, 1981, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Volume Q, Deed Book No. 29, Page No. 563, granted and conveyed unto Robert S. Ritter and Donna M. Kenee, Grantors herein. And the said Donna M. Kenee, is now known by marriage, as Donna M. Ritter. UNDER AND SUBJECT, NEVERTHELESS, to any conditions, covenants, restrictions, reservations, easements and rights of way of record or visible upon an inspection of the premises. Together with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; And Also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, or, in and to the premises herein described and every part and parcel thereof with the appurtenances. To Have And To Hold all and singular the premises herein described together with the hereditaments ndappurtenances unto the Grantees and the Grantees' proper use and benefit forever. And the Grantors covenant that, except as may be herein set forth, they do and will Specially Warrant and Defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim the same. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever, in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" has been inserted after each and every such designation. In Witness Whereof, the Grantors have hereunto set their hands and seals, or if a corporation, it has caused these presents to be signed by its proper corporate officers and its corporate seal to be affixed hereto, the day and year first above written. Signed, Sealed and Delivered in the presence of or Attested by Ales a Robert S. Ritter c2r(-,,,.) Donna M. Kene 4tr,A_ n/b/m Donna M. Ritter Commonwealth of Pennsylvania, County of Cumberland } ss: Be It Remembered, that on June j 1 , 2010 before me the subscriber personally appeared Robert S. Ritter and Donna M. Kenee now by marriage Donna M. Ritter, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within deed and acknowledged that they executed the same for the purposes therein contained. Witness my hand and seal the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHELLY SEXTON, Notary Public Carlisle Boro, Cumbertand County My Commission Expires April 26, 2011 DEED Robert S. Ritter Donna M. Ritter TO Neal B. Quesinberry Kimberly Weeks The Undersigned certifies that the precise residence and complete post office address of the Grantee is: 1323 Swope Drive Boiling Springs, PA 17007 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201015463 Recorded On 6/14/2010 At 11:13:48 AM *Instrument Type - DEED Invoice Number - 67222 * Grantor - RITTER, ROBERT S * Grantee - QUESINBERRY, NEAL 13 * Customer - RON JOHNSON User 1D - KW *FEES STATE TRANSFER TAX STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE CUMBERLAND VALLEY SCHOOL DISTRICT MONROE TOWNSHIP TOTAL PAID $2,350.00 $0.50 $23.50 $12.00 $10.00 $11.50 $2.00 $3.00 $1,175.00 $1,175.00 $4,762.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA -i -t' RECORDER O /24; - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 111111 11 EXHIBIT B David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Claimant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, Claimant, v. NEAL B. QUESINBERRY and, KIMBERLY V. WEEKS, husband and wife, Owners. MECHANICS' LIEN CLAIM No. 14- 5-11 /V11.--1) NOTICE OF FILING OF MECHANICS' LIEN CLAIM To: Neal B. Quesinberry Kimberly V. Weeks 1323 Swope Dr. Boiling Springs, PA 17007 _ c13 -1 rn (At-' = cam . c a D C - CD V . TAKE NOTICE that J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, 145 Salem Church Rd, Mechanicsburg, PA 17050 filed a Mechanics' Lien Claim against real property owned by you known as 1323 Swope Dr., Boiling Springs, PA 17007, situate in Monroe Township, Cumberland County, Pennsylvania. A copy of the claim is attached. Date: January ` �, 2014 Respectfully submitted, By: David R. Galloway Counsel for Defend t ERS & GALLOWAY, PLLC David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Claimant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, Claimant, MECHANICS' LIEN CLAIM v. No. 14- NEAL B. QUESINBERRY and, KIMBERLY V. WEEKS, husband and wife, Owners. MECHANICS' LIEN CLAIM AND NOW, Claimant J.W. PARVIN ENTERPRISES, INC., t/a PARVIN PAVING & SEALING, by and through its attorneys WALTERS & GALLOWAY, PLLC, files this claim against the improvements and property at 1323 Swope Dr., Boiling Springs, PA 17007 for the payment of a debt due to Claimant. In support thereof, Claimant makes the following statement: 1. J.W. Parvin Enterprises, Inc., t/a Parvin Paving & Sealing (hereinafter "Claimant") is a corporation organized under the laws of Pennsylvania with a principal mailing address of 145 Salem Church Rd., Mechanicsburg, PA 17050. 2. Neal B. Quesinberry and Kimberly V. Weeks, husband and wife, (hereinafter "Owners") own and reside at the real estate located at 1323 Swope Dr., Boiling Springs, Monroe Township, Cumberland County, PA 17007. 3. The real property subject to the lien is 1323 Swope Dr., Boiling Springs, Monroe Township, Cumberland County, Pennsylvania, Tax Parcel No. 22-33-0043-005 (hereinafter the "Property"). A copy of the Deed into Owners is attached hereto as Exhibit "A." 4. The labor and materials for which the debt is due were furnished by Claimant for the agreed sum of $13,390 pursuant to a written contract, and subsequent change orders, with the Owners dated August 23, 2013; September 9, 2013; September 13, 2013; and September 14, 2013 (collectively hereinafter the "Contract"); a copy of the Contract is attached hereto as Exhibit "B." 5. Pursuant to the Contract, the labor and materials for which the debt is due consisted primarily of the removal of an existing blacktop driveway and parking pad and the installation of a new asphalt driveway and parking pad at the Property. Claimant performed landscaping/grading after the installation of the new asphalt driveway. 6. The last day Claimant supplied labor and/or material was September 17, 2013, which is less than six (6) months before the filing of this claim. 7. Claimant has been paid nothing toward the debt due Claimant for the stated labor/materials. 8. The balance due and owing is $13,390 for which this claim is made. WHEREFORE, Claimant J.W. Parvin Enterprises, Inc. t/a Parvin Paving & Sealing claims to have a lien upon 1323 Swope Dr., Boiling Springs, Monroe Township, Cumberland County, PA 17007, Tax Parcel No. 22-33-0043-005, in the total sum of $13,390. Respectfully submitted, ERS & GALLOWAY, PLLC 111 David R. a #8 326 Counsel for Defendan EXHIBIT "A" --)oho‘y)(1 /cq( DEED WARRANTY IND. OR CORP. PARCEL NO. 22-33-0043-005 This Deed MADE THE I DAY OF June TWO THOUSAND TEN (2010) pp 4 Between Robert S. Ritter and Donna M. Kenee, now by marriage known as Donna M. Ritter, his wife 'herein designated as the Grantors, And Neal B. Quesinberry and Kimberly V. Weeks, husband and wife, of Monroe Township, Cumberland County, Pennsylvania herein designated as the Grantees, Witnesseth, that the Grantors, for and in consideration of TWO HUNDRED THIRTY FIVE THOUSAND DOLLARS AND NO/100 DOLLARS . ($235,000.00) lawful money of the United States of America, to the Grantors in hand well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever, their heirs and assigns as tenants by the entirety: ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the Southerly side of Swope Drive, Monroe Township, Cumberland County, Pennsylvania, and being also known as Lot No. 27 on a plan of lots of White Rock Acres, Section A, and being more fully bounded and described according to a survey by Stephen G. Fisher, R.S., dated November 2, 1978, as follows: BEGINNING AT an iron pin found on the Southerly side of Swope Drive and a corner of lands now or formerly of Harry M. Bolger, Lot No. 28 of the above mentioned plan, said iron pin being measured along sante, 1227.68 feet to the Eastern extension of a curve having a radius of 25.00 feet and length of 10.56 feet, connecting the Southern line of Swope Drive and the Eastern line of Horick Drive; thence extending from said beginning point and along Swope Drive, North 73 degrees 10 minutes East, 36.21 feet to a point of curve; thence extending along the Southerly side of the cul-de- sac of Swope Drive, by a curve to the left having a radius of 50.00 feet for an arc length of 94.90 feet to an iron pin found at a corner of land now or formerly of Richard C. and Christine A. Parr, Lot No. 26 of the above mentioned plan; thence extending along same the following two courses and distances: (1) South 59 degrees 10 minutes East 146.00 feet to a pipe found; (2) thence South sixteen degrees twenty-three minutes East, 133.58 feet to a hub at a corner of land now or formerly of Jack L. and Ella Z. Heishman; thence extending along the same and also land now or formerly of Parvin A. and Donna J. Weaver, South seventy-eight degrees forty-nine minutes East, 214.00 feet to a pipe found at corner of land now or formerly of Harry M. Bolger, Lot No. 28 of the above mentioned plan; thence extending along same, North sixteen degrees fifty minutes West 237.39 feet to an iron pipe, bound, the first mentioned pipe and place of BEGINNING. HAVING THEREON ERECTED a dwelling house known as No. 1323 Swope Drive, Boiling Springs, Pennsylvania, 17007. BEING THE SAME PREMISES which David R. Hatch and Bethany J. Hatch, his wife, by deed dated December 14, 1981, and recorded December 24, 1981, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Volume Q, Deed Book No. 29, Page No. 563, granted and conveyed unto Robert S. Ritter and Donna M. Kenee, Grantors herein. And the said Donna M. Kenee, is now known by marriage, as Donna M. Ritter. UNDER AND SUBJECT, NEVERTHELESS, to any conditions, covenants, restrictions, reservations, easements and rights of way of record or visible upon an inspection of the premises. Together with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; And Also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, or, in and to the premises herein described and every part and parcel thereof with the appurtenances. To Have And To Hold all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and the Grantees' proper use and benefit forever. And the Grantors covenant that, except as may be herein set forth, they do and will Specially Warrant and Defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim the same. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" has been inserted after each and every such designation. In Witness Whereof, the Grantors have hereunto set their hands and seals, or if a corporation, it has caused these presents to be signed by its proper corporate officers and its corporate seal to be affixed hereto, the day and year first above written. Signed, Sealed and Delivered in the presence of or Attested by ',hies Robert S. Ritter Donna M. Kene n/b/m Donna M. Ritter Commonwealth of Pennsylvania, County of Cumberland } ss: Be It Remembered, that on June 11 , 2010 before me the subscriber personally appeared Robert S. Ritter and Donna M. Kenee now by marriage Donna M. Ritter, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within deed and acknowledged that they executed the same for the purposes therein contained, Witness my hand and seal the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHELLY SEXTON, Notary Public Carlisle Boro, Cumberland County My Commission Expires April 26, 2011 DEED Robert S. Ritter Donna M. Ritter TO Neal B. Quesinberry Kimberly Weeks The Undersigned certifies that the precise residence and complete post office address of the Grantee is: 1323 Swope Drive Boiling Springs, PA 17007 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201015463 Recorded On 6/14/2010 At 11:13:48 AM *Instrument Type - DEED Invoice Number - 67222 * Grantor - RITTER, ROBERT S *Grantee - QUESINBERRY, NEAL B *Customer - RON JOHNSON *FEES STATE TRANSFER TAX STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE CUMBERLAND VALLEY SCHOOL DISTRICT MONROE TOWNSHIP TOTAL PAID UserID - KW $2,350.00 $0.50 $23.50 $12.00 $10.00 $11.50 $2.00 $3.00 $1,175.00 $1,175.00 $4,762.50 *Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OD EDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. dine To: Neal Quesinberry 1323 Swope Drive Boiling Springs, PA 17007 PA .;k N lnc. PAVING & SEALING since 1974 145 Salem Church Road, Mechanicsburg, PA 17050 (717) 766-0408 • Fax (717) 796-0629 PA HIC #PA8237 Proposal Provided For August 20, 2013 Job Location: 1323 Swope Drive Boiling Springs, PA 17007 We appreciate the opportunity to provide the following proposal for paving to include: • Saw cut blacktop surfaces to create an edge for the new blacktop to abut. • Excavate and remove the existing blacktop and new driveway surface approx. 365 yds. • Place, grade and compact 1" of 2a modified stone and compact in old driveway. • Place, grade and compact 6" of 2a modified stone and compact in new driveway area. • Place asphalt base course (BCBC) to a compacted depth of 2 inches. • Place Id - 2 wearing surface to a compacted depth of 1 1/2 inches. • Place a non -tracking tar on the adjoining blacktop edges as needed. Guarantee: All material and workmanship is guaramced for a period of (3t three years. Surcharge: This proposal is based on the current state oil index price. Due to the uncertainty of future prices for blacktop, we reserve the right to adjust our quoted prices accordingly at time of blacktop placement. A surcharge will consist of only the additional cost from our supplier to us. Total cost $11,575.00 Proposal may be withdrawn by us if not accepted within 60 days. Estimator: CJ Myers, GY.e/IP, Exclusions: Utility adjustments, Permits, Inspection fees, Testing, Rock removal, Landscaping would be at an additional cost. Additional Costs: Any alteration or deviation from the above specifications involving extra costs will result in a proportional increase in the price of the proposal. Cancellation: You have the right to rescind this contract without penalty within (3) three business days of the signing of this contract except emergency situations. Insurance: We are fully insured for your protection and our workers. Our general liability insurance limit is $1,000,000. Bureau of Consumer Protection: To verify a contractor's registration number you may call toll free 1-888-520-6680. Payment: Pavement at end of paving completion of 50^„ of tint cost and 5500.011 dollars a mouth till job is (rayed off. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the wo as specified. Payment will be made as outlined above. Approximate start dat 0 1ays om acc-ptance and completed within 60 days. Date of Acceptance: Y(22113 Signature: Signature: 1 To: Neal Quesinberry 1323 Swope Drive Boiling Springs, PA 17007 PAVING & SEALING since 1974 145 Salem Church Road, Mechanicsburg, PA 17050 (717) 766-0408 • Fax (717) 796-0629 PA I1IC #PA8237 Proposal Provided For Job Location: September 9, 2013 1323 Swope Drive Boiling Springs, PA 17007 E-mail: nquesinberry®ginail.com We appreciate the opportunity to provide the following proposal for paving to include: Cut Sidewalk Saw cut sidewalk to achieve a nice break point as per customers request. Guarantee: Material and workmanship is guaranteed for (3) three years. Equipment: Paving material to be placed with a 17,000 Ib. motorized paver. Material compacted with a 4 -6 ton vibratory roller. Maintenance: Sealcoating is a part of a recommended maintenance program that will help to improve the life and appearance of your driveway, but will not correct any flaws in the existing surface. Routine sealcoating maintenance of your driveway is recommended about every 2 - 3 years. $500.O0 Initial WI Proposal may be withdrawn by us if not accepted within 60 days. Estimator: CJ Myers, ems' e/l�,es4Si Exclusions: Utility adjustments, Permits, Inspection fees, Testing, Rock removal, Landscaping would be at an additional cost. Additional Costs: Any alteration or deviation from the above specifications involving extra costs will result in a proportional increase in the price of the proposal. Cancellation: You have the right to rescind this contract without penalty within (3) three business days of the signing of this contract except emergency situations. Insurance: We are fully insured for your protection and our workers. Our general liability insurance limit is $1,000,000. Bureau of Consumer Protection: To verify a contractor's registration number you may call toll free 1-888-520-6680. Payment: Payment to be made upon completion of the work. After 30 days and interest charge of 1.5% per month will be applied to any unpaid balance. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Approximate start date: 30 days from acceptance and completed within 60 days. Date of Acceptance: Signature: Signature: / To: Neal Quesinberry 1323 Swope Drive Boiling Springs, PA 17007 VENTInc. PAVING & SEALING since 1974 145 Salem Church Road, Mechanicsburg, PA 17050 (717) 766-0408 • Fax (717) 796-0629 PA RIC #PA8237 Proposal.Provided For Job Location: September 13, 2013 1323 Swope Drive, Boiling Spring, PA 17007 E-mail: nquesinberry@gmail.com We appreciate the opportunity to provide the following proposal for drain [pork to include: Installing 70' x 4" schedule 40 PVC piping to down spout. Trench from down spout to the far side of the pad. Place and install 7 x 10' pipes. Attach 6 couplers and 2 elbows and primer and glue all the connections. Place 2a Mod stone back into trench and compact in lifts as needed to the finished stone grade. Cost $220.00 Initial This cost has been adjusted due to we are onsite and already working on the project.. Guarantee: No guarantee for any particular time frame on stone work & drains and workmanship to be completed as stated. Proposal may be withdrawn by us if not accepted within 60 days. Estimator: Rick Beddow, JLiCk OCC/WOW- Exclusions: 70C/WO ) Exclusions: Utility adjustrnenls, Permits, Inspection fees, Testing, Rock removal, Landscaping would be at an additional cost. Additional Costs: Any alteration or deviation from the above specifications involving extra costs will result in a proportional increase in the price of the proposal. Cancellation: You have the right to rescind this contract without penalty within (3) three business days of the signing of this contract except emergency situations. Insurance: We are fully insured for your protection and our workers. Our general liability insurance lirnit is $1,000,000. Bureau of Consumer Protection: To verify a contractor's registration number you may call toll free 1-888-520-6680. Payment: Payment to be made upon completion of the work. After 30 days and interest charge of 1.5% per month will be applied to any unpaid balance. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Approximate start date: 30 days fro acceptance and completed within 60 days. Date of Acceptance: Signature: Signature: I To: Neal Quesinberry 1323 Swope Drive Boiling Springs, PA 17007 PARI7M,. PAVING & SEALING since 1974 145 Salem Church Road, Mechanicsburg, PA 17050 (717) 766-0408 • Fax (717) 796-0629 PA HIC #PA8237 Proposal Provided For Job Location: Septe►nber 14, 2013 1323 Swope Drive, Boiling Spring, PA 17007 E-mail: nquesinberry@gmail.com We appreciate the opportuntry to provide the following proposal for drain work to include: tone R-4 jjkdrain & piping to lower vard. Trench a 5' x 15' drain tile in the lower yard. Place R-4 Ballast stone in trench. (Approx. 3 ton) Place and install 70' x 4" corrugated pipe to lower property. Place fabric and top soil back onto the surface. (Seed & hay) - Cost $365.00 Initial This cost has been adjusted due to we are onsite and already working on the project. . Guarantee: No guarantee for any particular time frame on stone work & drains and workmanship to be completed as stated. Proposal may be withdrawn by us if not accepted within 60 days. Estimator: Rick Beddow, e .GC��/ C ediCiOlo- yAr Exclusions: Utility adjustments, Permits, inspection fees, Testing, Rock removal, Landscaping would be at an additional cost. Additional Costs: Any alteration or deviation from the above specifications involving extra costs will result in a proportional increase in the price of the proposal. Cancellation: You have the right to rescind this contract without penalty within (3) three business days of the signing of this contract except emergency situations. Insurance: We arc fully insured for your protection and our workers. Our general liability insurance limit is $1,000,000. Bureau of Consumer Protection: To verify a contractor's registration number you may call toll free 1-888-520-6680. Payment: Payment to be made upon completion of the work. After 30 days and interest charge of 1.5% per month will be applied to any unpaid balance. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Approximate start date: 30 day. frau a6 eptance and completed within 60 days. Date of Acceptance: Signature: �. / / / ; , Signature: Th I To: Neal Quesinberry 1323 Swope Drive Boiling Springs, PA 17007 .,TYLM. Jill inc. PAVING & SEALING since 1974 145 Salem Church Road, Mechanicsburg, PA 17050 (717) 766-0408 • Fax (717) 796-0629 PA HIC #PA8237 Proposal Provided For Job Location: September 14, 2013 1323 Swope Drive Boiling Springs, PA 17007 We appreciate the opportunity to provide the following proposal for paving to include: Paving of parking pad area Excavate and remove the 2b stone on current parking pad. Place grade and compact 1" of 2a crushed stone for parking pad to be paved. Place 2 1/2" of asphalt base and compact. Place 2 1/2" " of asphalt top wearing and compact. Cost $730.00 Initial 1.141( Guarantee: Material and workmanship is guaranteed for (3) three years. Equipment: Paving material to be placed with a 17,000 Ib. motorized paver. Material compacted with a 4 -6 ton vibratory roller. Maintenance: Sealcoaling is a part of a recommended maintenance program that will help to improve the life and appearance of your driveway, but will not correct any flaws in the existing surface. Routine scalcoating maintenance of ymv driveway is recommended about every 2 - 3 years. Proposal may be withdrawn by us if not accepted within 60 days. Estimator: Rick Beddow, (Wick 0e't/ ow - Exclusions: Utility adjustments, Permits, Inspection fees, Testing, Rock removal, Landscaping would be at an additional cost. Additional Costs: Any alteration or deviation from the above specifications involving extra costs will result in a proportional increase in the price of the proposal. Cancellation: You have the right to rescind this contract without penalty within (3) three business days of the signing of this contract except emergency situations. Insurance: We are fully insured for your protection and our workers. Our general liability insurance limit is $1,000,000. Bureau of Consumer Protection: To verify a contractor's registration number you may call toll free 1-888-520-6680. Payment: Payment to be made upon completion of the work. After 30 days and interest charge of 1.5% per month will be applied to any unpaid balance. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Approximate start date: 1 days from acceptance and completed within 60 days. Date of Acceptance: _qI -` i3 Signature: Signature: To: Neal Quesinberry 1323 Swope Drive Boiling Springs, PA 17007 Inc. PAVING & SEALING since 1974 145 Salem Church Road, Mechanicsburg, PA 17050 (717) 766-0408 • Fax (717) 796-0629 PA HIC #PA8237 Proposal Provided For Job Location: September 14, 2013 1323 Swope Drive, Boiling Spring, PA 17007 E-mail: nquesinberry@gmail.com We appreciate the opportunity to provide the following proposal for Top Soll to include: Top Soil for the lower yard The delivery of top Soil to the property delivered and dumped in the lower yard. (Delivery only) Cost $150.00 (per truck) Initial Vtitir (Laborers for spreading out the top soil) Cost $98.00 (Per Hour) Initial 021- veld 5' -17,0 hf . This cost has been adjusted due to we are onsite and already working on the project.. J Proposal may be withdrawn by us if not accepted within 60 days. Estimator: Rick Beddow, gl1 Y ' .OeCJ�ekto- Exclusions: Utility adjustments, Permits, Inspection fees, Testing, Rock removal, Landscaping would be at an additional cost. Additional Costs: Any alteration or deviation .from the above specifications involving extra costs will result in a proportional increase in the price of the proposal. Cancellation: You have the right to rescind this contract without penalty within (3) three business days of the signing of this contract except emergency situations. Insurance: We are fully insured for your protection and our workers. Our general liability insurance limit is $1,000,000. Bureau of Consumer Protection: To verify a contractor's registration number you may call toll free 1-888-520-6680. Payment: Payment to be made upon completion of the work. After 30 days and interest charge of 1.5% per month will be applied to any unpaid balance. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Approximate start date: 30 days from acceptance and completed within 60 days. Date of Acceptance: " V Signature: i yladi Signature: VERIFICATION I verify that the facts set forth in this Mechanics' Lien Claim are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S § 4909, relating to unsworn falsification to authorities. Date: January 24t11 2014 By .Cc44..,,�, �! -._ James W. Parvin, President and CEO J.W. Parvin Enterprises, Inc. Request for Service Ronny R. Anderson, Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 Plaintiff/s: Court Number: I J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING AND SEALING, Expiration Date: I Type of Action: I Defendant/s: KIMBERLY V. WEEKS Serve Upon: KIMBERLY V. WEEKS Address for Service: 11323 SWOPE DRIVE !BOILING SPRINGS State IPA 117007 Alternate Address for for Service: IState 1 (AR i Type of Service: (x Adult in Charge r Personal r Deputize r Certified Mail r Posting **Copy of Court Order Required with Posting** Special Service Instructions: *If service is to be made by deputized service to another county please specify which county* Filing Attorney: Name: IDAVID Address: 154 'MECHANICSBURG Phone Number:1 R. GALLOWAY E. MAIN STREET State IPA (17055 +1 (717) 697-4650 Request for Service Ronny R. Anderson, Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 Plaintiff/s: Court Number: ' J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING AND SEALING, Expiration Date: Type of Action: 1 Defendant/s: NEAL B. QUESINBERRY Serve Upon: NEAL B. QUESINBERRY Address for Service: 11323 SWOPE DRIVE 'BOILING SPRINGS State IPA 117007 Alternate Address for for Service: ( 1 State IAR Type of Service: r Adult in Charge r Personal r Deputize r Certified Mail r Posting **Copy ofCourt Order Required with Posting** Special Service Instructions: *If service is to be made by deputized service to another county please specify which county* Filing Attorney: Name: 'DAVID Address: 154 'MECHANICSBURG Phone Number:' R. GALLOWAY E. MAIN STREET State IPA 117055 +1 (717) 697-4650 David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 r lLE[3-0t- r 1frr OF THE PROTNCNC TAR' Counsel for Claimant 2014 JAN 38 Ati 8: 2 5 CUMBERLAND COUNTY PN"SYLVANIA IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, Claimant, MECHANICS' LIEN CLAIM v. No. 14-00548 NEAL B. QUESINBERRY and, KIMBERLY V. WEEKS, husband and wife, Owners. AMENDED NOTICE OF FILING OF MECHANICS' LIEN CLAIM To: Neal B. Quesinberry Kimberly V. Weeks 1323 Swope Dr. Boiling Springs, PA 17007 • TAKE NOTICE that on January 28, 2014, J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, 145 Salem Church Rd, Mechanicsburg, PA 17050, filed a Mechanics' Lien Claim against real property owned by you known as 1323 Swope Dr., Boiling Springs, PA 17007, situate in Monroe Township, Cumberland County, Pennsylvania, at the above term and number. A copy of the claim is attached. Said Mechanics' Lien Claim is for the sum of $13,390. Date: January , 2014 Respectfully submitted, WALTE S & GALLOWAY, PLLC By: David R. Galloway Counsel for Defendant EXHIBIT C Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY J.W. Parvin Enterprises, Inc. t/a Parvin Paving and Sealing vs. Neal B Quesinberry (et al.) Case Number 2014-548 SHERIFF'S RETURN OF SERVICE 01/31/2014 10:04 AM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Mechanics Lien Claim by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Neal B Quesinberry at 1323 Swope Drive, Monroe Township, Boiling Springs, PA 17007. fiufN GRZYBO KI, D 01/31/2014 10:04 AM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Mechanics Lien Claim by handing a true copy to a person representing themselves to be Neal B. Quesinberry, Husband , who accepted as "Adult Person in Charge" for Kimberly V Weeks at 1323 Swope Drive, Monroe Township, Boiling Springs, PA 17007. BRIAN GRZ :OSKI, PUTY SHERIFF COST: $51.27 SO ANSWERS, February 05, 2014 Wl-3/ /1-3 R ANDERSON, SHERIFF NOTARIAL SEAL CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2017 Affirmed and subscribed to before me this day of NOTARY suite SPent::` j)-11e,e.ulat4 David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, Claimant, MECHANICS' LIEN CLAIM v. No. 14-00548 NEAL B. QUESINBERRY and, KIMBERLY V. WEEKS, husband and wife, Owners. CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of the within Complaint on this date, upon Owners by first-class mail, postage pre -paid, addressed as follows: Date: May g a, 2014 Vincent L. Champion, Esquire Champion Law Office, LLC 301 South Hanover Street, Suite 2 Carlisle, PA 17013 Respectfully submitted, WALTERS & G LLOWAY, PLLC By: David R. Galloway Counsel for Claimant Vincent L. Champion, Esquire Attorney I.D. # 88411 Champion Law Office, LLC 301 S. Hanover Street, Suite 2 Carlisle, PA 17013 717-701-8821 Attorney for Owners THE PitO i HONOT i3luJUN -9 PSH I:�,I CUMBERLAND COUNTY PENNSYLVANIA J.W. PARVIN ENTERPRISES, INC t/a PARVIN PAVING & SEALING Claimant, v. NEAL B. QUESINBERRY and, KIMBERLY V. WEEKS, husband and wife, owners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-00548 ANSWER TO COMPLAINT INACTION UPON MECHANICS' LIEN NOW COMES, Owners Neal B. Quesinberry and Kimberly V. Weeks, by and through their attorney, Champion Law Office, LLC, and files the within Answer to Complaint in Action Upon Mechanics' Lien with New Matter as follows: 1. Admitted. 2. Admitted. 3. Admitted. By way of further response, Exhibit "A" is a writing which speaks for itself and no response is required. To the extent this paragraph attempts to interpret, mischaracterize or misconstrue the writing, this paragraph is expressly denied. 4. Admitted. 5. Denied. This paragraph contains conclusions of law to which no responsive pleading is required. To the extent a response is required, the averments are specifically denied. 6. Admitted. By way of further response, Exhibit "B" is a writing which speaks for itself and no response is required. To the extent this paragraph attempts to interpret, mischaracterize or misconstrue the writing, this paragraph is expressly denied. 7. Admitted. By way of further response, Exhibit "C" is a writing which speaks for itself and no response is required. To the extent this paragraph attempts to interpret, mischaracterize or misconstrue the writing, this paragraph is expressly denied. 8. Denied. This paragraph contains conclusions of law to which no responsive pleading is required. By way of further response, and despite allegations to the contrary, Claimant has not completed work on the property in question. Moreover, the partially performed work is defective, incomplete, substandard and done in violation of law and local ordinance. As a consequence, Claimant's Mechanics' Lien Claim is invalid and should be dismissed. 9. Denied. This paragraph contains conclusions of law to which no responsive pleading is required. To the extent a response is required, the averments are specifically denied. 10. Denied. This paragraph contains conclusions of law to which no responsive pleading is required. To the extent a response is required, the averments are specifically denied. 11. Denied. This paragraph contains conclusions of law to which no responsive pleading is required. To the extent a response is required, the averments are specifically denied. NEW MATTER 12. The foregoing responding averments are incorporated herein as though fully set forth at length. 13. Claimant's Complaint fails to state a claim upon which relief can be granted. 2 14. Owners assert the Affirmative Defense of Set-off 15. Claimant is not entitled to the relief sought as the alleged work performed is defective, in violation of law, in violation of local ordinance and has yet to be completed. WHEREFORE, Owners Neal B. Quesinberry and Kimberly V. Weeks, respectfully request that judgment be entered in their favor and against claimant and that its Complaint be dismissed, with costs of suit awarded to Owners Neal B. Quesinberry and Kimberly V. Weeks. Respectfully submitted, CHAMPION LAW OFFICE, LLC Vincent L. Champion, Esq. 301 S. Hanover Street, Suite 2 Carlisle, PA 17013 Attorney for Owners 3 VERIFICATION Neal. Quesinberry, being duly sworn according to law, deposes and says that he is' authorized to make this Affidavit and that the facts set forth in the forgoing are true and correct to the best of his knowledge, information and belief. This Verification_ is made subject to the penalties c,,,f 18 PA. C.S. § 4904 relating to unsworn taisiticati as tkl authorities. Date: Neal Quesinberry Kinth7y:i`FV ie.`t;€ks. :tieing duly sworn '.4t;(:lisiting to ia`v+i, deposes and says that sie i. sr F+ t 's." rLL Affidavit ,3 that the facts pa forth L to.-F...�;< t..,.� and a to Q,'1.ii.F1".�SL LLl.Ii l.�}' 1t FGfiai. this !"iil.l.ita;LY ii, and 161::6 E. illi. LaEi.3 3..0 i�Ji 43.1. 111 the },Vi LVili� c�iyt.. true GLi1iR correct 4V the best of her ienf wiedge information and belief. This 'Verification is made sub`jeci to the �n t.,a,l 6v+.��w penalties lties of 1 8 'kk �i C.S. !fie 0 patiyna, t unsworn falsifications ♦ratio 4.r -authorities. �riti�2 YlV.11tl..tlLiV 1 \I ). A�} A A A. 'V\'!� "{'%\%""i J1 �iAf�4.t}!` to U}1J YY`�i,i iA .i 1i1�7 i.iAvu41 V}j�?y Fi.V NULL i'+I.6 t�.A Eis. iTC CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, with first-class postage, prepaid, as follows: David R. Galloway Walters & Galloway, PLLC 54 E. Main Street Mechanicsburg, PA 17055 _.-/-iari/,?-°'Ate-----A----e--______:_____ Date: June i , 2014 David R. Galloway Attorney I.D. No. 87326,,, ri� JUL 1 8 Ali WALTERS & GALLOWAY, PLLC-Y 54 E. Main Street 4 JI BE RLAkt) CNN Mechanicsburg, PA 17055 PENNSYLVANIA Telephone: (717) 697-4650 Counsel for Claimant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, Claimant, MECHANICS' LIEN CLAIM v. No. 14-00548 NEAL B. QUESINBERRY and, KIMBERLY V. WEEKS, husband and wife, Owners. CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of Claimant's First Set of Interrogatories to Owners and Claimant's First Request for Production of Documents to Owners, on this date, upon counsel for Owners by First -Class Mail, Postage Pre -Paid, addressed as follows: Date: July I S 2014 Vincent L. Champion, Esquire CHAMPION LAW OFFICE, LLC 301 S. Hanover St., Ste. 2 Carlisle, PA 17013 Respectfully submitted, By: David R. Galloway Counsel for Claim. t 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J.W. PARVIN ENTERPRISES.INC. Ua PARVIN PAVING & SEALING Plaintiff N0.14-00548 CIVIL TERYI {` - s_ r. VS c) i -k rrirri ri _0_: , '•- - � NEAL B. QUESINBERRY and KIMBERLY V. WEEKS, husband and wife C,�` Z- r---- t'o (i) Cr' --4 CD Defendant 7, iy RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the ` following form: rSl _ THE PETITION FOR APPOINTMENT OF ARBITRATORS £ %/ TO THE HONORABLE, THE JUDGES OF SAID COURT: David R. Galloway , counsel for the plaintiff/defendant in the above /Q-4 3 ilia action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 15, 542.29 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Murrel R. Walters,Ill, Esq., Edmund G. Myers, Esq., Vincent L. Champion, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, KEVIN A. HESS, P.J. David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Claimant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSXLVANIA -05 rn J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, Claimant, v. NEAL B. QUESINBERRY and, KIMBERLY V. WEEKS, husband and wife, Owners. MECHANICS' LIE No. 14-00548 CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of the within Petition For Appointment of Arbitrators on this date, upon Owners by first-class mail, postage pre -paid, addressed as follows: Date: September (p, 2014 Vincent L. Champion, Esquire Champion Law Office, LLC 301 South Hanover Street, Suite 2 Carlisle, PA 17013 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: David R. Galloway Counsel for Clai ant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA J.W.PARVIN ENTERPRISES,INC.Va PARVIN PAVING&SEALING • Plaintiff • : NO1 4-00548 CIVIL TE* VS -a—' -f) II'. irlril 7 . rr N NEAL B.QUESINBERRY and KIMBERLY V.WEEKS,husband and wife Defendant • v . RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the �.= - following form: ''F "' THE PETITION FOR APPOINTMENT OF ARBITRATORS I II f so P r TO THE HONORABLE,THE JUDGES OF SAID COURT: 6k#11-71- David k#f175David R. Galloway , counsel for the plaintiff/defendant in the aboveD-'� action(or actions),respectfully represents that: 3 11}, a 1. The above-captioned action (or actions)is(are)at issue. 2. The claim of plaintiff in the action is$15,542.29 . The counterclaim of the defendant in the action is . The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: Murrel R.Walters,Ill, Esq., Edmund G. Myers, Esq., Vincent L. Champion, Esq. WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, 01 . , 20/Y , in consideration of the foregoing petition, ,„,..d ,_.. ; i, &� Esq.,and .` � GO Esq.,and d • Esq., are appointed arbitrators in the above captioned act o(or actions)as prayed for. c= _ By the Cou ; t KEVIN A. ,SS,P.J. - `r r3 hi)✓44 i Car/Reif),, , z -- . - � ) / O — V,,kleZn1 L Ch1 ;cn L's ' ., e s ivta .led MP',w �1,✓, Par -vi,, �w�w�r�sesli�c, t/q AvvP,, gum' '`� In the Court of Common Pleas of Cumberland Plaintiff A/e4.1 Qes►'K LaV v , jL►` J. 1/, tdeahs County, Pennsylvania No. /'/ - sw ,ILD Defendant We do solemnly sw and the Const•..: 1 -,zq¢&-n+► Signa Civil Action - Law. Oath or affirm) that we will support, obey and defend the Constitution of the United States this Commonwealth and that we will discharge the duties of • office with fidelity. Name (Chairman) Sig e _7v iK /1 . f a you sii Name ,L �- (4- P Glizmeni Law Firm Law Firm 3 .fb 3- `Ivlat,(4,t- 54. 3k 30) NY `/ AA.rti.1 Ave. 3Oz Address Address C "p i- LL rpt --7,7z) Zip We, the undersigned award: WE p v 1' -bens r „el,/ ► $ in✓l .l c> •E L.� Z>k77i- CltL7 k://, P,9— l X011 City, Zip 404 Name S 4-10,e1 /2V1911rks0-) Law Firm /Z1 r -et Address -/ Ce, Pi- 1713 City, Zip Award arbitrators, having been duly appointed and sworn (or affirmed), make the following (Note: If damages for delay are awarded, they shall be separately stated.) IgetIAMEIMIWP iW -✓off. 04 b€ -• PANTs//4b Pvv t.c,-+n grit ruin-riri tusk-lb...,ger KIN Ft`n- ,— 11+e- It\Ez.c-Wi c� Pt- s S -bu LD (fir rid✓e-b pt s M s s cm g Srbet E C. Nlik-.3 .Arbitratorkissents. Insert name if pplicable.) Date of Hearing: Date of Award: (Chairman) Notice of Entry of Awar Now, the '�-1' day of award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 4//6 Ste' P .M., the above -ge62-ft_p rothonotary 4 OEC 1.61 PP3 2 I CIS TB. LAND COUNT Y : PENNSYLVA-HlA David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 THE P ROT Counsel for Claimant 2BIliDEC 2 11 PH 12: 5 1 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, Claimant, MECHANICS' LIEN CLAIM V. No. 14-00548 NEAL B. QUESINBERRY and, KIMBERLY V. WEEKS, husband and wife, Owners. NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given than J.W. Parvin Enterprises, Inc. t/a Parvin Paving & Sealing appeals from the award of the board of arbitrators entered in this case on December 16, 2014. 0 A jury trial is demanded. (Check box if a jury trial is demanded: Otherwise jury trial is waived.) I hereby certify that: 1. the compensation of the arbitrators has been paid, OR 2. an application has been made for permission to proceed in forma pauperis. Date: December 2014 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: David R. Galloway Counsel for Claima Check # 1406 in the amount of $416.50 for Arbitrators Compensation received on by j'. Pavvih EX oJ. srs,_1Vt. t/qt f vi,fh /'elv►'j In the Court of Common Pleas of Cumberland ¢ Sed►'i, Plainti jrlecJ L gkest'oi, 12nv-►-I etN.J 16' ,l V t✓e r County, Pennsylvania No. / 4/ - 5-//S7t4L.) ' Defendan Civil Action — Law. Oath We do solemnly sw- (or affirm) that we will support, obey and defend the Constitution of the United States and the Consti • • this Commonwealth and that we will discharge the duties of • office with fidelity. Name (Chairman) Sig Name LAI)) 'lc -6 (7ogeni fbod Law Firm Law Firm Name -1; (,0 Law Firm 3 fb } t ltu, 5:: 3k 361 IlaAv/P" ,r .S e 302 / Address Address c V 14+'L L ('ff 1,3..67?) City, Zip Address Ca,,,A'//, PA- /70/I 6L,r4t& Plyt7r 3 City,' Zip City, . Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) t-v.r p-rt...r, )IV- ,!c tL orC 13€4-+•• a 4N -r s //#b iN o (,-JI er.s p v P?cbfA-srt' Pt.Ain-rirfPrF t• —114 ; -n+� iv\Ezc-Ani c$ l.1 Lr� t S t o ✓PR. t c> A v s S i'l-b 1/4-) t Qt �£�'►•.©tie b a i l r� i s .� c`l� Date of Hearing: Date of Award: /�•/6•/q 6-ry TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Cotrt at Carlisle, Pa. This %C • day of k , 20 / �y6thonotary ow, the / " day of y, I, 20 award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ .Arbitrator dissents. Insert name if = pplicable.) Notice of Entry of Awar .M., the above Deputy David R. Galoway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Claimant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING, Claimant, MECHANICS' LIEN CLAIM v. No. 14-00548 NEAL B. QUESINBERRY and, KIMBERLY V. WEEKS, husband and wife, Owners. CERTIFICATE OF SERVICE I, David R. Galloway, hereby certify that a copy of the foregoing Notice was served this date by depositing same in the Post Office at Mechanicsburg, PA, first-class mail, postage pre -paid, addressed as follows. Vincent L. Champion, Esquire CHAMPION LAW OFFICE, LLC 301 S. Hanover St., Ste. 2 Carlisle, PA 17013 Respectfully submitted, WALTERS & GALLOWAY, PLLC �,/ By: Date: December P 2014 David R. Galloway Counsel for Claiman