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HomeMy WebLinkAbout14-6391 Supreme Co ; 1 n nsylvania COut 1TDO "` leas For Prothonotary Use Only: A y Docket No: County � 1 - to 3 9/ The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: IT Complaint ® Writ of Summons rl Petition S; n Transfer from Another Jurisdiction ® Declaration of Taking E 4 CLead Plaintiff s Name: Lead Defendant's Name: Neal Quesenberry and Kimberly Weeks J.W. Parvin Enterprises, Inc t/a Parvin Paving &Sealing T Dollar Amount Requested: X'within arbitration limits I Are money damages requested? RE Yes El No (check one) ®outside arbitration limits 1 O. N Is this a Class Action Suit? [3 Yes X' No Is this an MDJAppeal? [3 Yes M No A Name of Plaintiff/Appellant's Attorney: Vincent L. Champion ® Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) t Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. t TORT(do not include Mass 40 CONTRACT(do not include Judgments) CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ®Debt Collection:Credit Card ® Board of Assessment Motor Vehicle El Debt Collection:Other rl Board of Elections Nuisance ® Dept.of Transportation ® Premises Liability M Statutory Appeal:Other S 0 Product Liability (does not include mass tort) 0 Employment Dispute: E ® Slander/Libel/Defamation Discrimination C � Other: ® Employment Dispute:Other ® Zoning Board ® Other: T I . [@ Other: O MASS TORT Unfair Trade Practices ( Asbestos Consumer Protection Law N Tobacco n Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Ejectment ® Common Law/Statutory Arbitration rl Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment i B 0 Ground Rent rl Mandamus n Landlord/Tenant Dispute Non-Domestic Relations i r__1 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial ®Quo Warranto i 0 Dental ®Partition ®Replevin ® Legal ® Quiet Title l Other: ®i Medical ® Other: Lottery Assignment Other Professional: ------------ "� Updated 1/1%2011 Vincent L.Champion Attorney I.D.No.88411 CHAMPION LAW OFFICE LLC 301 S.Hanover Street;Suite 2 Carlisle,PA 17013 Attorneys for Plaintiff NEAL QUESINBERRY AND IN THE COURT OF COMMON PLEAS KIMBERLY WEEKS, husband and CUMBERLAND COUNTY, PENNSYLVANIA wife , CIVIL ACTION - LAW Plaintiffsrn ca r-rr-= V. NO. 4 - (vug/ lC��� �r '�t♦♦ c J.W. PARVIN ENTERPRISES, INC t/a -zs a—1", PARVIN PAVING & SEALING `:) C-- Defendants v �- NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served,by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so,the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 CHAMPION LAW OFFICE, LLC By. Le� Vincent L. Champion 301 South Hanover Street, Suite 2 Carlisle, PA 17013 717-701-8821 Attorneys for Plaint, 4 cry ill IQ`1-,30,99-6 NEAL QUESINBERRY AND IN THE COURT OF COMMON PLEAS KIMBERLY WEEKS,husband and CUMBERLAND COUNTY, PENNSYLVANIA wife Plaintiffs CIVIL ACTION - LAW V. NO. J.W. PARVIN ENTERPRISES, INC t/a PARVIN PAVING& SEALING Defendants COMPLAINT Plaintiffs,Neal Quesinberry and Kimberly Weeks by and through their counsel Champion Law Office, LLC, file the within Complaint and in support thereof states as follows: A. Parties 1. Plaintiffs, Neal Quesinberry and Kimberly Weeks (the "Home Owners") are Pennsylvania residents residing at 1323 Swope Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Home Owners own residential property located at 1323 Swope Drive, Boiling Springs, Pennsylvania 17007. 3. Defendant J.W. Parvin Enterprises, Inc.,t/a Parvin Paving & Sealing ("Parvin") is a Pennsylvania corporation operating and existing under the laws of Pennsylvania having a principal place of business at 145 Salem Church Road, Mechanicsburg, PA 17050. 4. Among other things, Parvin provides paving and sealing services to residential properties located within Central Pennsylvania. B. Background 5. On or about June 13, 2013 Homeowners contacted Parvin to obtain an estimate to replace the driveway located at their home. 6. Accordingly, Parvin performed a walk through of Homeowners' property and subsequently prepared a proposal to replace the Homeowners' driveway. (June 13, 2013 Proposal attached hereto as Ex. "A"). 7. Among other things,the June 13, 2013 proposal guaranteed Parvin's materials and workmanship for a period of three (3)years. 8. On or about August 2, 2013, Mr. Quesinberry advised Parvin that he would like to move forward with the driveway replacement project. 9. Specifically Mr. Quesinberry selected the following option for Home Owner's new driveway: Option—Base & Top - Standard. (15 to 20+year average life.) Saw cut the adjacent blacktop street surface. Excavate and remove the asphalt driveway. Grade the existing stone adding up to an inch for leveling. Place 2 '/2 " of asphalt base and compact. Place 2" of asphalt top wearing and compact. Hot tar the end of the driveway after paving. Cost$9,810.00. (See August 2, 2013 Email attached hereto as Ex. `B"). 10. On or about August 5, 2013 Mr. Quesinberry and CJ Myers, an employee from Parvin, met at the Homeowners residence to review the driveway project once again. 11. On or about August 12, 2013 Mr. Quesinberry again met with Mr. Myers for a second walk through of the project. 12. At this time Mr. Quesinberry asked about the process to obtain a permit from Monroe Township so that they could commence the driveway replacement project. 13. Mr. Myers advised Mr. Quesinberry that Parvin would handle the permitting process, including applying for the permit with Monroe Township. - 2 - 14. Mr. Quesinberry then advised Mr. Myers that Parvin could not begin the project until all required permits had been obtained. 15. On or about August 22, 2013 Mr. Quesinberry provided Mr. Myers with an executed addendum to the proposal. (Executed Addendum attached hereto as Ex. "C") 16. On or about August 26, 2013 Mr. Myers and Rick Beddow of Parvin met with Mr. Quesinberry at his home to review the project and to discuss other drainage issues. 17. During this meeting Mr. Quesinberry asked Mr. Myers about the status of the permitting process and repeated that work could not begin until all proper permits had been obtained. 18. Mr. Myers reiterated that he had taken care of getting all required permitting. 19. On September 12,2014,Mr. Quesinberry asked Parvin to bring a copy of the permit before they began their work. (September 12, 2013 Email attached hereto as Ex. "D".) 20. Also during that time, the Homeowners began discussions with Parvin regarding the expansion of the project to include the installation of a French drain. 21. The discussions centered around locating the French drain on the Homeowners' property and connecting piping from Aviv Bliwas' (the Homeowner's neighbor)property into the French drain. 22. Both Parvin and Homeowners discussed this proposal with Ms.Bliwas and reached an agreement that since her residence would be connected to the French drain she would pay for a portion of the cost of installation. 23. Later that day, and while the Homeowners were at work, Parvin commenced the project. - 3 - 24. Parvin did not provide or post a copy of the required permit before beginning their work. 25. On September 12,2013,Parvin mailed a proposal regarding the French drain to the homeowners. (French drain proposal attached hereto as Ex. "E"). 26. On September 13, 2013, Ms. Weeks directed Parvin to bring a copy of the permit to the site before they conducted additional work. (September 13, 2014 email attached hereto as Ex. «F» 27. She also asked whether the Homeowners were required to sign the permit application in order to receive all required permits. 28. On this same date, Homeowners and Parvin agreed to the installation of a PVC drain pipe that would go under the driveway. (September 13, 2013 proposal attached hereto as Ex. "G") 29. On September 14, 2013 the parties agreed to the installation of a French drain. (September 14, 2013 Proposal attached hereto as Ex. "H"). 30. Homeowners and Parvin further agreed to have the parking pad area located on their driveway paved. (See Parking Pad proposal attached hereto as Ex. "I"). 31. On September 17, 2013, Homeowner asked Parvin again about the status of the permit. 32. Once again they were told that the required permit was on file with Monroe Township. 33. On September 18, 2013 Homeowners again asked Parvin about the permit. 34. Parvin once more stated that the permit was on file with Monroe Township. -4 - 35. That same day, Parvin claimed that their work was complete and stopped working on the driveway project. 36. On September 24, 2013, twelve (12) days after they began the project and six (6) days after Parvin claimed that its work was complete, Rick Beddow came to Homeowners' residence and asked Ms. Weeks to sign the permit application. 37. Homeowners declined to sign the permit application because Parvin had actively deceived Homeowners into believing that Parvin had already obtained all required permitting and because the permit application was supposed to be approved prior to Parvin commencing work on their driveway. 38. On September 26, 2014 Ms. Bliwas had a survey of her property completed and determined that a portion of the French drain was improperly installed on her property without her permission. 39. On September 30, 2013 Greg Rogalski, the Monroe Township Zoning officer performed an inspection of the purported work done by Parvin. 40. At the conclusion of his inspection, Mr. Rogalski advised Homeowners that the driveway was installed in violation of local ordinance because it was not set back at least five (5) feet from the property line. 41. He further advised that no permit could legally be issued unless and until the violation was corrected. 42. On October 2, 2013, Monroe Township issued a letter to Parvin stating in part that the Permit application was"invalid" and"denied"because: "Suitable evidence has not been provided that the driveway will meet the required 5' setback (701.1.4)" and "[t]he applicant has failed to provide a written certification by the Owner of the property that the proposed work is authorized by the Owner(701.1.6)." (See October 2, 2013 letter attached hereto as Ex. "Y - 5 - 43. To date, a permit has not been issued. 44. Moreover, soon after Parvin purportedly completed its work on Homeowners' driveway, the driveway began to visibly deteriorate. 45. Based upon the foregoing, the installation of the driveway is incomplete and was performed in a substandard manner. COUNT I UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 Pa. C.S.A. 0201-1 et seg. 46. The averments contained in the above Paragraphs are incorporated herein by reference as if more fully set forth herein at length. 47. Homeowners met with Parvin on numerous occasions at their home for the specific purpose of purchasing driveway installation and other related services for their home. 48. Throughout their discussions with Parvin, Parvin made repeated material representations that all required permitting would be obtained prior to commencing work at their residence,that the permit was on file with the township,that the driveway would last at least fifteen (15)years and that the driveway would be installed in compliance with applicable law. 49. Contrary to the representations made by Parvin,the required permitting had not be obtained. 50. Despite being told that work should not be commenced until a proper permit was issued by Monroe Township,Parvin nonetheless started the project while Homeowners were away at work. 51. The installation of the driveway was in violation of law and against Homeowners' wishes. - 6 - 52. To be sure, Parvin actively and systematically deceived the Homeowners into believing that Parvin had secured all required permitting. 53. Parvin made these material misrepresentations to the Homeowners for the sole purpose of inducing them to allow Parvin to commence work on their driveway project. 54. Parvin knew that once it had started the project Homeowners would not be able to turn back. 55. The Homeowners justifiably relied upon these misrepresentations. 56. Had Parvin secured the proper permitting before they started working on the project,the driveway would have been installed in accordance with local ordinance and the French drain would have been installed only on Homeowners' property. 57. As a direct result of Parvin's deceptive acts, the driveway and French drain must now be removed and reinstalled at great cost to Homeowners. 58. As a direct and proximate result of their reliance on Parvin's fraudulent and/or deceptive conduct, the Homeowners have suffered substantial financial and emotional damages. 59. Parvin's fraudulent and/or deceptive conduct violates the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa. C.S.A. §§201-1 et seq. ("UTPCPL"). WHEREFORE, Plaintiffs Neal Quesinberry and Kimberly Weeks, hereby demand judgment in their favor and against J.W. Parvin Enterprises, Inc. t/a, Parvin Paving & Sealing, in an amount in excess of$20,000.00, plus pre and post judgment interest, costs, attorneys fees, treble damages and punitive damages as permitted by law. COUNT II BREACH OF CONTRACT 60. The averments contained in the above Paragraphs are incorporated herein by reference as if more fully set forth herein at length. - 7 - 61. The various proposals and addendums attached to this Complaint, and the promises made to Homeowners which induced them to hire Parvin constitute a legally binding contract which was in effect at the time of the dispute in question. 62. To that end, Parvin was to secure proper permitting, fully complete the installation of the driveway, install piping under the driveway, repave the parking pad, properly grade and slope the driveway,terrace Homeowners' yard,remove three(3)tree stumps and install the French drain on their property. 63. Parvin breached its Agreement with the Homeowners in that it did not: • Secure all required permits to perform the work set forth in the contract. • Did not complete the paving and removal of metal rods located within the parking pad area. • Did not install the French drain on Homeowners' property. • Did not install the driveway in accordance with local code. • Did not slope the parking pad so that water runoff would drain towards the driveway. • Did not install the driveway so that it had a width of 11 ft wide in all areas. • Did not install the driveway so that its life would be at least fifteen (15) years. • Did not slope the upper portion of the driveway as agreed 64. Homeowners have suffered significant harm as a direct result of Parvin's material breaches of their contract with Homeowners, including but not limited to, now being required to removal and reinstallation of the driveway and the removal and reinstallation of the French drain so that it is located entirely on Homeowners' property. WHEREFORE, Plaintiffs Neal Quesinberry and Kimberly Weeks demand judgment in their favor and against J.W. Parvin Enterprises, Inc. t/a, Parvin Paving & Sealing in an amount in excess of$20,000.00,together with costs of suit, pre and post judgment interest and all other damages as allowed by Pennsylvania law. - 8 - COUNT III-FRAUD 65. All preceding paragraphs are hereby incorporated by reference as though fully set forth herein. 66. Parvin, knowingly made material fraudulent misrepresentations that they had secured proper permitting to perform work under contract between Homeowners and Parvin. 67. The Homeowners justifiably relied upon these fraudulent misrepresentations. 68. As a direct and proximate result of Parvin's fraudulent conduct, the Homeowners have suffered damages including having to replace the driveway and French drain. WHEREFORE, Plaintiffs Neal Quesinberry and Kimberly Weeks Quesinberry,hereby demand judgment in their favor and against J.W. Parvin Enterprises, Inc. t/a, Parvin Paving& Sealing in an amount in excess of$20,000.00, plus pre and post judgment interest, costs, attorneys fees, and punitive damages as permitted by law. COUNT IV BREACH OF WARRANTY 69. The averments contained in the above Paragraphs are incorporated herein by reference as if more fully set forth herein at length. 70. At all times stated herein,Parvin knew or should have known that the Homeowners would rely upon Parvin's skill and judgment to perform the work as set forth within the contract. 71. Parvin expressly and impliedly warranted that the new driveway would be sloped properly and would last for at least fifteen(15) years. 72. Parvin further warranted that the materials used and workmanship employed would last for at least three (3)years. - 9 - 73. Parvin breached these warranties, because the driveway is already deteriorating compelling multiple contractors reviewing Parvin's work to issue quotes indicating that the driveway must be replaced. 74. As a direct and proximate result of Parvin's breach of its express and implied warranties,the Homeowners have sustained substantial financial damage. WHEREFORE, Plaintiffs,Neal Quesinberry and Kimberly Weeks hereby demand judgment in their favor and against Parvin in an amount in excess of$20,000.00,plus pre and post judgment interest, costs, and all other damages as permitted by law. Respectfully submitted, CHAMPION LAW OFFICE LLC Date: 1!- 3- l Y By: Vincent L. Champion, Esquire Attorney I.D. No. 70294 301 South Hanover Street; Suite 2 Carlisle, PA 17013 717-701-8821 vchampion@championlawofficellc.com Attorney for Plaintiffs - 10 - f EXHIBIT A vm IPA], 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 June 13,2013 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: Option A-1d#3 Wearing(8 to 12 year rough looking surface) Saw cut the adjacent blacktop street surface. Excavate and remove the asphalt driveway. Grade the existing stone adding up to an inch for leveling.Place 3 3/4"of fine binder asphalt wearing and compact to 3 inches.Hot tar the end of the driveway after paving. Cost$9,420.00 Initial Option—Base&Top-Standard.(15 to 20+year average life.) Saw cut the adjacent blacktop street surface. Excavate and remove the asphalt driveway. Grade the existing stone adding up to an inch for leveling. Place 2 '/2"of asphalt base and compact. Place 2"of asphalt top wearing and compact.Hot tar the end of the driveway after paving. Cost$9,810.00 Initial lit 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. t 1 41 'e Maintenance. Sealcoating is a part of a recommended maintenance program that will a• I ' �) .� ` help to improve the life and appearance of your driveway,but will not `r•t correct any flaws in the existing surface. Routine sealwating maintenance of your driveway is recommended about every 2-3 years. ( r. ( 1 Go t_ r LL i r . � � �•yI�� t}M i ,g � s , Proposal may be withdrawn by us if not accepted within 60 days. Estimator: CJ Myers, 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: EXHIBIT B Gmail-Parvin Paving and Sealing littps://mail.google.com/mail/u/0/?ui=2&ik=b90ef5b2c3&view=pt&q... }�} Neal Quesinberry<nqueslnberry@gmall.com> Parvin Paving and Sealing Neal Quesinberry <nquesinberry@gmail.com> Fri,Aug 2, 2013 at 2:58 PM To: cj@parvinpave.com CJ, I have great news. Our insurance company just mailed us a check for the remaining amount for the roof claim. We are now able to move forward with our paving project as long as we can do what we discussed earlier which is to pay Parvin$7,010 now and then another$1000 in September,another$1000 in October and the remainder in $800 in November. Option—Base&Top-Standard. (15 to 20+year average life.) Saw cut the adjacent blacktop street surface. Excavate and remove the asphalt driveway. Grade the existing stone adding up to an inch for leveling. Place 2'/"of asphalt base and compact. Place 2"of asphalt top wearing and compact. Hot tar the end of the driveway after paving. Cost$9,810.00 Initial If needed, I am sure that Alan Todd will vouch for me. We have been really busy here and he has had me assigned to our most important client since May and there is plenty more work in our pipeline. I am CorpU's Senior Instructional Designer and I stay very busy, except when getting off on health and exercise and instructional design topics with Alan who I sit right new to in our office. If you work up a new contract, I can sign it today or Monday and hopefully,your team can get started as soon as possible. Thanks for all of your help and we can't wait for Parvin to get started helping us in our next step in the remodeling of our home. Getting our driveway paved will get us one step closer to re-financing our home to get a great mortgage ratel Sincerely, Neal Quesinberry cell: 717-377-9342 work: 212-213-2828 ext: 5043 work email: nquesinberry@corpu.com [Quoted text hidden] Neal Quesinberry (717)-377-9342 nquesinberry@gmail.com http://www.linkedin.com/in/nquesinberry 1 of 1 10/31/2014 1:27 PM EXHIBIT C Inc. VING SEALING since 2974 145 Salem Church Road,Mechanicsburg,PA 17050 (717)766-0408 • Fax(717)796.0629 PA IIIC#PA8237 Proposal Provided For August 20,2413 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(B.CBC)to a impacted depth of 2.inches. • Place Id-2 wearing surface to a compacted dem of 1 1/2�inC ec. • Place a non-tracking tar on the adjoining blacktop edges as needed. Total cost$11,575.00 Guarantee: All material and workmanship is guaru aced fora period of 13 t 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; CS Myers, 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 contractwithout 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 ofpa�ing completion of 501 u of total,cost and S500,00 dollars n month tilt job r,psyvd of-I Acceptance O f PPOp©Sal—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 dal : 0 s om a prance and completed within 60 days. �j Date of Acceptance: Signature: Signature: tl` A )y HH PAVING & SEALING since 1974 AUG 2 2 2013 145 Saleln Church Road,Mechanicsburg,PA 17050 (717)766-0408 • Fax(717)796-0629 BY._.:__._.--••-•------. PA 141C VPA8237 GProposal ProvidedFor Augiist 20,2013 Neal Quesinberry Job't;ocation: 1323 Swope Drive 1323 Swope Drive .Soiling Springs,PA 17007 :Boiling Springs,PA 17007 it,'e appreciate Me opporturuh''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 tompacted depth of 2 inches, • Place 1d-2 vmaring surface to a.compacted depth of 1 112 inches. • ;Place a non-tracking tar on the adjoining blacktop edges as needed. Total cost$11.,575:00 Cwarnnttrc: All iri ltrla, tot r pip k-i.•t •t 50rchar e: 77tis prop-sal srl is based on the current state oil index: rice. Due to Ibe i g p Po P uncertainty of future prices for blacktop,we reserve the right to adjust our quoted prices accordingly at time ofblacktop placement.A surcharge Mill consist of only the additional cost from our supplier to us. i w. T A Proposal may be withdrawn by us if not accepted within 60 days. 13stimatur: C3'Myers, l.)�i-1 eM Faclusions:Utility adjustments.Permits.Inspection fees,Testing.Rock removal,Landscaping would be at an additional cost. Additional Costs:Any attention or deviation from the above b ecifcations involving extra costs%vill.result in a proportional increase in the price of the proposal. Cancellation:You have the right to rescind this contract wiUwnt penalty within(3)three bwincz s 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 51.000.000. Bureau of Consumer Protection:To verify a contractor's registration number you may call toll free 1-888=520-6680. raynteni:P:r-nxtnjtvt•d.4l,•rr..,.a:. ,t�it.arui ils'. wt ; ,.t , •rit,11,11"'—prt.d•14 ACeeptaifee O,f Proposal—The above prices.specifications and conditions are satisfactory and are hereby accepted.YOU are authorized to do the%v j as specified.Payment will be made as tiullined above. {{Approxitnaw start dat . 0 sfiioln act yptta�nce and completed within 60 days. l ..i {yA. ' 1[S�t'f t Date ofAcceptance: �1.1- — Signature: Sitmun re: tj lvw 'b �' i f, N' ` i q l EXHIBIT D Kimberly Weeks <kimmieque@gmail.com> �Coo [e Quesinberry/1323 Swope Drive: Potential Concerns 4 messages Kimberly Weeks <kimmieque@gmail.com> Thu, Sep 12, 2013 at 1:48 AM To: cj@parvinpave.com Cc: rick@parvinpave.com Bcc: Neal Quesinberry <nquesinberry@gmail.com> CJ, I wanted you to be aware of this because I noticed that you were not cc'd on the earlier emails. We need to address these issues before moving forward. I also want to make sure that we have a contract signed by both parties (myself as well as Parvin)that states exactly what is going to be done and includes a maximum final price. Please know that the primary reason I chose Parvin Paving is due to Alan's and others' high praise of you, and given our experience with recent contractors with costs going beyond what was proposed/promised, completion timelines being doubled mid-project, poor workmanship when workers were on site without the owner/supervisor, and general lack of professionalism, I did extensive research before choosing Parvin. I need you and Rick to understand that my wife and I can't micromanage this project because we both work full time, nor can we get the project underway and have additional costs arise to do the job right. I understand why you put Rick in direct contact with me, but with regard to any items that directly affect costs and/or any scope changes, I respect your knowledge and professionalism; thus I would want to speak with you concerning them. First, we cannot risk starting into this project and finding out mid-way that there are going to be additional costs. Our original project estimate in June was $9,810, and that increased to $11,575 for the updated agreement in August. Up until Monday, the only additional costs I was informed of were the costs involved in the concrete cutting as well as the cost of the drainage pipe. When I previously discussed putting in the drainage system with you, my understanding was that the only additional cost would be for the price of the pipe itself. However, after meeting with Rick yesterday, he sent a project addendum that clearly itemized the drainage costs, which differs from what I thought we had initially discussed (see attached). I also want to make sure that were are not going to see charges added on mid-project. Based on our earlier conversations, you assured me that would not happen. As I said to Rick when he was here on Monday and as I mentioned to you via text message, I was also charged $1800 by the tree professional, and I believe that one of the reasons he charged me so much compared to what he has charged me in the past was because he knew it was a rush job in order for Parvin to start our project on Tuesday. He previously cut down 14 trees for$1200 and came back a month or so later when the roofer informed us that an additional 4 trees needed to be cut down, for which we were charged an additional $250; this time he charged $1800 for 4 trees, although this included tree removal/chipping. In addition to the added Parvin costs, we want to make sure that the on-site workers understand and follow- through with exactly what is to be done. We cannot risk future problems related to the construction or to drainage issues due to misunderstanding about what is to be done, as occurred with this evening's situation with the trailer. Tonight, when I arrived home from work around 8:30pm there was a trailer parked fully on the road in front of a neighbor's yard that I don't know—a house down and across the street from our house. As I clearly stated previously and again on Monday, I purposely went around to all neighbors that attach to or are across from my property and let them know that Parvin would be parking in the cul de sac for approximately a week. All of them were okay as long as the equipment was parked mostly on my property or in the cul de sac adjoining our property. The one neighbor that I told Rick that I do not know and that I had not spoken to and who the other neighbors had told me they had negative experiences with when contractors parked in front of his house, is in fact exactly where the Parvin trailer is parked now, blocking half of the street. I mowed the flat area at the bottom of our property over the weekend to make sure that there was clearly an area to park equipment. The fact that a simple, not to mention fairly common-sense, piece of our agreement was not followed is concerning to me. If your workers forgot or never received this information about parking the equipment from the project manager/foreman, and if their subsequent decision was to block the road rather than parking at the bottom of our yard, that gives me serious misgivings about all of the potential mis-communication and/or poor decision-making that could take place during this $12,000+ project. (I'm concerned about this because it happened on the previous two remodeling projects and resulted in my wife and I having to take time off from work on numerous occasions.)We contacted Rick to see if this was in fact Parvin's trailer, and he assured us that he will have his guys move it first thing in the morning, but again, neither Kim nor I can be here to micromanage what is happening and we need to feel confident that things will be communicated and executed without our having to be there to make sure that happens. On another note, regarding the permit, I wanted to double check that Parvin will bring a copy when they start the project. The inspector who came by throughout our roofing project always checked to make sure that the permit was displayed. Does the township have a copy of your insurance on file with the permit? If not, that needs to be taken care of as well. With regard to the contract, I'll reiterate that I would like to firm up the details, including the cost of the drainage, and have it signed by both parties before moving forward. I also want to clarify the guarantee: the original contract included a 3-year guarantee on all materials and work but the current contract has only a 1-year guarantee. Thank you again for all of your work so far. We truly do appreciate it. We are just very cautious about having clarity with scope, details, and cost prior to starting a big project after our experiences over the last 8 months. I am currently involved in a rushed-deadline project with Alan's sister, Sue, and will not have time to talk/email during work hours. Kim will have more availability tomorrow than I have. Her cell # is (717) 377-6519, and this is her gmail. Thanks again, Neal & Kim 3 attachments Quesinberry Additional Projects.jpg _ 213K Paving Proposal 6-13-13.pdf 3525K Updated Paving Proposal 8-19-13.pdf 3499K CJ Myers <cj@parvinpave.com> Thu, Sep 12, 2013 at 11:08 AM Reply-To: cj@parvinpave.com To: Kimberly Weeks <kimmieque@gmail.com> Kim , Here is a copy of the C.O.I.There is also a copy of the proposal that you and Neal had signed. From: Kimberly Weeks [mailto:kimmieque@gmail.com] Sent: Thursday, September 12, 2013 1:48 AM To: cj@parvinpave.com Cc: rick@parvinpave.com Subject: Quesinberry/1323 Swope Drive: Potential Concerns [Quoted text hidden] 2 attachments Paving Contract .jpeg 1250K w. .® CCE09122013.pdf 646K Craig Myers <cj@parvinpave.com> Sat, Sep 14, 2013 at 10:17 AM To: Kimberly Weeks <kimmieque@gmail.com> Thank you for your message. I am currently out of the office, with limited access to e-mail. I will be returning on Monday September 23. If you need assistance contact jim@parvinpave.com . [Quoted text hidden] Kimberly Weeks <kimmieque@gmail.com> Tue, Oct 28, 2014 at 5:11 PM To: Vincent Champion <vchampion@c ham pion Iawofficellc.com> Exhibit D-9/12/13 Email Forwarded message From: Kimberly Weeks <kimmieque@gmail.com> Date: Thu, Sep 12, 2013 at 1:48 AM Subject: Quesinberry/1323 Swope Drive: Potential Concems [Quoted text hidden] 3 attachments j Quesinberry Additional Projects.jpg 213K -j Paving Proposal 6-13-13.pdf 3525K Updated Paving Proposal 8-19-13.pdf 3499K EXffiBIT E PARV.I- NIne. PAVING & ,SEA-LOk smcQ 1974 F 145 Salem Church Road,Mechanicsburg,PA 17050 (717)766-0408 • Fax(717)796-0629 PA HIC#PA8237 Neal Quesinberrg 1323 Swope Drive Boiling Springs PA 17007 Additional projects to be completed while onsite for your paving project: Tree Stump Removal (Approx 3 stumps) 4225.00/Stump Initial R-4 Ballast Stone for the Drain Tile (Approx 2 ton Required) 495.00/Ton Initial Trenching 100 Corrugated piping from lower file drain 4200.00 initial (This project is including the work shared with the neighbors down spout) Trench and place 4°x 70 of Schedule 40 drain from spouting. 4220.00 Initial Top got Delivered 4150:00/truck Initial Top toil spread over the entire lower gar& $98.00/hour Initial This is additional projected work to be completed during the paving project.Not to be completed at a later date. EXHIBIT F Kimberly Weeks <kimmieque@gmail.com> b7-. ^ ., Copy of Permit for Quesinberry/Swope Drive 4 messages Kimberly Weeks <kimmieque@gmail.com> Fri, Sep 13, 2013 at 12:28 AM To: "cj@parvinpave.com" <cj@parvinpave.com> Ci, No one else seemed to know anything about the township permit. Can you bring a copy to our meeting tomorrow so we have it on site? Thanks. Kim On Thursday, September 12, 2013, CJ Myers wrote: Kim , Here is a copy of the C.O.I.There is also a copy of the proposal that you and Neal had signed. From: Kimberly Weeks [mailto:kimmieque@gmail.com] Sent: Thursday, September 12, 2013 1:48 AM To: cj@parvinpave.com Cc: rick@parvinpave.com Subject: Quesinberry/1323 Swope Drive: Potential Concerns CJ, I wanted you to be aware of this because I noticed that you were not cc'd on the earlier emails. We need to address these issues before moving forward. I also want to make sure that we have a contract signed by both parties (myself as well as Parvin) that states exactly what is going to be done and includes a maximum final price. Please know that the primary reason I chose Parvin Paving is due to Alan's and others' high praise of you, and given our experience with recent contractors with costs going beyond what was proposed/promised, completion timelines being doubled mid-project, poor workmanship when workers were on site without the owner/supervisor, and general lack of professionalism, I did extensive research before choosing Parvin. I need you and Rick to understand that my wife and I can't micromanage this project because we both work full time, nor can we get the project underway and have additional costs arise to do the job right. I understand why you put Rick in direct contact with me, but with regard to any items that directly affect costs and/or any scope changes, I respect your knowledge and professionalism; thus I would want to speak with you concerning them. First, we cannot risk starting into this project and finding out mid-way that there are going to be additional costs. Our original project estimate in June was $9,810, and that increased to $11,575 for the updated agreement in August. Up until Monday, the only additional costs I was informed of were the costs involved in the concrete cutting as well as the cost of the drainage pipe. When I previously discussed putting in the drainage system with you, my understanding was that the only additional cost would be for the price of the pipe itself. However, after meeting with Rick yesterday, he sent a project addendum that clearly itemized the drainage costs, which differs from what I thought we had initially discussed (see attached). I also want to make sure that were are not going to see charges added on mid-project. Based on our earlier conversations, you assured me that would not happen. As I said to Rick when he was here on Monday and as I mentioned to you via text message, I was also charged $1800 by the tree professional, and I believe that one of the reasons he charged me so much compared to what he has charged me in the past was because he knew it was a rush job in order for Parvin to start our project on Tuesday. He previously cut down 14 trees for$1200 and came back a month or so later when the roofer informed us that an additional 4 trees needed to be cut down, for which we were charged an additional $250; this time he charged $1800 for 4 trees, although this included tree removal/chipping. In addition to the added Parvin costs, we want to make sure that the on-site workers understand and follow- through with exactly what is to be done. We cannot risk future problems related to the construction or to drainage issues due to misunderstanding about what is to be done, as occurred with this evening's situation with the trailer. Tonight, when I arrived home from work around 8:30pm there was a trailer parked fully on the road in front of a neighbor's yard that I don't know—a house down and across the street from our house. As I clearly stated previously and again on Monday, I purposely went around to all neighbors that attach to or are across from my property and let them know that Parvin would be parking in the cul de sac for approximately a week. All of them were okay as long as the equipment was parked mostly on my property or in the cul de sac adjoining our property. The one neighbor that I told Rick that I do not know and that I had not spoken to and who the other neighbors had told me they had negative experiences with when contractors parked in front of his house, is in fact exactly where the Parvin trailer is parked now, blocking half of the street. I mowed the flat area at the bottom of our property over the weekend to make sure that there was clearly an area to park equipment. The fact that a simple, not to mention fairly common-sense, piece of our agreement was not followed is concerning to me. If your workers forgot or never received this information about parking the equipment from the project manager/foreman, and if t Kimberly Weeks <kimmieque@gmail.com> Fri, Sep 13, 2013 at 1:29 AM To: "cj@parvinpave.com" <cj@parvinpave.com> Cc: Neal Quesinberry <nquesinberry@gmail.com>, rick@parvinpave.com Actually, can you please make sure that the permit is on site with the crew tomorrow? It's supposed to be posted on the property before the work starts. I don't know what the inspector does with paving/grading projects, but during our roof project, he apparently did some random drive-by checks in addition to his regular inspections, so I want to make sure that the permit is posted/visible. Carl knew that PA One Call had been contacted, but he said that someone else takes care of the permits and he did not have a copy of it on the work site today. Does one of us need to sign the zoning permit application at the township office?The top of the zoning application says (in all capital letters): The applicant and the property owner must sign all permit applications. I did all the permit applications myself for our other projects, so I know that I signed those because there was no other"applicant." [Quoted text hidden] Monroe Twshp zoning permit application.pdf 291 K Craig Myers <cj@parvinpave.com> Sat, Sep 14, 2013 at 10:17 AM To: Kimberly Weeks <kimmieque@gmail.com> Thank you for your message. I am currently out of the office, with limited access to e-mail. I will be returning on Monday September 23. If you need assistance contact jim@parvinpave.com . [Quoted text hidden] Craig Myers <cj @pary in pave.com> Sat, Sep 14, 2013 at 10:17 AM To: Kimberly Weeks <kimmieque@gmail.com> Thank you for your message. I am currently out of the office, with limited access to e-mail. will be returning on Monday September 23. If.you need assistance contact jim@parvinpave.com . [Quoted text hidden] EXHIBIT G PAVING & SEALING since 1974 145 Salem Church Road,Mechanicsburg,PA 17050 (717)766.0408 • Fax(717)796.0629 PA HCC IIPA8237 Proposal Provided Tor Selstember 13,2013 To: Neal Quesinberiy Job Location: 1323 Swope Drive 1323 Swope Drive, Boiling Springs,PA 17007 Boiling Spring,PA 17007 E-mail: nquesinberryQgmall.cont Me a appreclilte the opportunity to provide the folloivlag proposal for drain lvorlc to hiclude: InstallingInstallillig 701 r 4D1 schedule 40 PVC piping to down snout. 'trench from down spout to the far side of the pad. Place and install 7 x 10'pipes. Attach 6 couplets 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 onsito and already working on the project.. Guarantee; No guarantee for any particular time frame on stonowork&drains and workrnnnship to be completed as stated. Proposal may be withdrawn by us if not accepted with€n 60 days. Estimator; Rick Beddow, ✓ ell,013Q7.1b7Oly- Exciuislons;Utility adjustments,Permits,Inspection feos,'festing,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 ilz proposal. Cancellation:You have the right to rescind this contract without penalty within(3)three business days of tate signing of tins contract except emergency situations. insurance:we arc fully insured for your protection and our workers.out general liability insurance liinit is $1,000,000. Bureau of Consumer Pratectiou:To verify a contractor's registration numberyou may call toll free 1-888-520•(,680. Payment:Payment to be made upon completion of the work.After 30 days and interest charge of 1,5%per month will be app]led to any unpaid balance. Acceptance of Pt'OI)OSa1—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: m Signature:_ ' Signature: EXHIBIT H f 1 Proposal Providt)d Far k> i l �'� tiw41� [)rte• ti:.i\\'+a\}x' 1)41%C. ii'ititu,�Span;,`,PA 1700' •f .,. . '!G: <•1,�x,►turr)t► !�+/'ru\tal.`!h.•Jr.,J(:•w:u;�+r:��r\.:Jj,•t.,+.t:a ti.'t:t:�'ut.;K.:.' i il� C a,,11Zh.�Y1a1 k:llta.iS . . �. a trt N• t.). .•'-..o)], S-t: ..:J\ Fl.' 4, .'. 'tYa ! a` .., •' .11 I i 1 i i i I t afloat.,!. ttut 1 I �tAI H.n^ut, in.tx.atx tcu Ic+ m; A 't:an,n,tl I . n:...:;nla .,`Jill N 4 j tWi t c1,t]: • 11. tl.v -I o:t:lt ia;il II T 7flI1R\t`fillii. l: l•,1' 17,! i•N:i, t 14,•,\u :\.t i t 111\ �A}h naV + ! fL•'Tli LJ iC�::RJ ttlU G.UAfL).l tatllA`ut SA's:.'wq NlQtl!1 t Y)1a4µ!`.t`m:�a Ja%N,'1 the',' :1!r.::,.'t ihh.\til(laa Is .�..yf3CK' h[1�;L•:;'• :IY•:17::ii I:•:;.c't3 rmt Acznorl and.4;r ll:+rraa +d t �+umrr Pratccuuu: 4,aci)ri s c"117ac:*I r_xt t.au•-n nu:�a,.a,!:.:.:.t;: !rr. I Com ictl!`n,!I t1)c N,,rl .1ttc: :f,Jaa,.nu am''!a'al ch.w:. .`n •+t ! ]'r•IY4 mG:Lauf R:r;d�J t,`:w%ta1pw G�lAMV. i'1,�"it8)' 't!C.:t�,v.•t7r'7Lh:C u�ra R% � . -1 cceplance of P/DpOTaI— Tl)c abo\c ff'C,N.> ctfi.alit,fu and audxx)LCtf t0 JJ the%(t7k a`-,pecif ct)..i'a%ment\]III bC TIM&:u at.ttktthd atvNv. ,.•,,,;r Ajtjrr)ittnatc Start lk:itc.30 da\S II1Nn.liCCpLli),:c and tlhm(-Al LV& i ,e :. .kcr5i�ir - j— �� p f ti4bmt)It)n i►:l�ti L.�.�ji f `irL4lnt �. 7 r � J. exxieIT I PA VIAT IAT SEA LING since 1974 145 Salem Church Road,Mechanicsburg,PA 17050 (717)7$6-0405 • Fax(717)796-0629 PA HIC mPA8237 Proposal Provided For seplettt�ipp�4, 2013 To: Neal Quesillberr y Job Location. 1,323 Swope Diive 1323 Swope DAve Boiling Springs,PA 17007 Boiling Springs,PA 17007 TP appreciate the opportmrity to protide rhe folloviltig proposal forpa't7trg to Include: Paving of parldng 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 pared.Place 2112"of asphalt base and compact. Place 21/2""of asphalt top wearing and compact, Cost 5730.00 Initial Guarantee: Material and workmanship is guaranteed for(3)three years. r Equipment: Paving material to be placed pith a 17,000 lb.motorized paver. Material compacted with a 4-6.ton vibratory roller. Ataintenanee: Seilcoafing is a put of a mearumended mainfmunc e pwp=that Will help to imprme the li&and appearanm of dew dri%T ay,but uU aot owrwt any flaws in the es-inF zwface.Fautme-- .maiatm�ce of your Mummy is maumneaded about eimy 2-3 years. Proposal may be aithdranv by us if not accepted within 60 daps. Estimator. Irick Seddon; OIW ,JJ1—r/wOW- Exclusions:Utility adjustments,Permits:Inspection fees,Testing,Pock remTeal,Landscapingwould be at an additional cost. Additional Costs:Any alteration ordeviation from the.above specifications invoking,extra costs will result in a proportional increase in the price of the proposal. CaaceOation.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:VVe.are fully insured for yourprotection and ourworkers.Our general liability insurance limit is '$1,000,000. Bureau of Consumer Protection:To verify a oontnctor's registration numberyou may call toll free 1-SSS-520-6650_ Paiment:Payment to be made,upon completion of the work:.After 30 days and interest charge of 1.5%per month Hill be applied to any unpaid balance. Acceptan ce of Pvoposal.—The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the wort:as specified.Payment will be made as outlined above. Approximate start date-30 days from acceptance and completed within 60 days. Date ofAcceptance: Signature. Signature: EXHIBIT J MONROBTOWNSW t 1220 Boiling Spfings Rood,MechanicsWig,to 17055-9794 - ' pEaono,(717)258-6642 {71'7)693-A613 i W(717)250,9311 R -Mail:Monro 1wp(Rmorrr*etwpnet tt oto October 2,2013 NNTP 13M.119 Parvin Paving&Sealitg Inc, I45'Satern Church Road [vfcciaRrticsbtcr$,PA 171350 Attention: Craig Myers Invalld Zoning i'n'tuit 1323 Swope Drive Normae Towvrtstrip,Cumberland,Coutity,PenusylvnnTa Dear Mn Myers: Pursuant to your app'l'ication for a Zaonittg,E twit for the resurfacing of a driveway at the above referenced address, this atter shallserve na nom that the porni t application has been deerned INVALID and D13NIlED to the following reasors, t, Suitableevidence las not been provided Haat the driveway will meet the required S' setback(701.1,4). 2. The applicant has tailed to provide a writton certification by the Owner of the property Haat the proposed work is authorized by the Owner(701.1.6) As a result of this information,all previous dcca ff1entation issued to you is hereby REVOKED. You are--advised that you have the right to appeal tet the Zoning Hearing Board within 30 drys of-'receipt of this notice in accordance with the procedures set forth in the,Zoning OrdinauceF It you have any questions regarding, this notice, plow contact me of the Township oflice at 697.4613 or my office at 975W648L Very truly yours, PENNONI ASSOCIATES INC. i w " r Gregory Ii Iski,P, . oTt 'foctel3S 76ft,ri r HAA UP3$w Drive Parodic GRltlgrr W: Neat Quesirtt rry.,Owner 1.323 Swope Drive,Tioiling Springs,PA 17007(IBS mail) mile File VERIFICATION Neal Quesinberry, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that the facts set f Ili in the Complaint are true and correct to the best of his knowledge, information and belief. Date Neal Ques' berry I i i i i i i i VERIFICATION Kimberly Weeks Quesinberry, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that the facts set forth in the Complaint are true and correct to the best of her knowledge, information and belief i at Kimberl eeks Quesinbe ay Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 'RC T tiONO TiiA, UFficE QF THE ;TIFF C 1BERLAND CCLI.N: Y QENNSYLVANIA Neal Quesenberry (et al.) vs. J.W. Parvin Enterprises, Inc. t/a Parvin Paving & Sealing Case Number 2014-6391 SHERIFF'S RETURN OF SERVICE 11/04/2014 01:08 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Tami Blosser, Front Desk, who accepted as "Adult Person in Charge" for J.W. Parvin Enterprises, Inc. t/a Parvin Paving & Sealing at 145 Salem Church Road, Mechanicsburg, PA 17050. SHERIFF COST: $39.79 SO ANSWERS, November 05, 2014 RONR ANDERSON, SHERIFF (c) CountySuito Sheriti, "teieosoft, bac. David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 f� �HOr�lu?1 PL['&1 NOV 20 P11 2: 3 P CUMBERLAND COUNTY PENNSYLVANIA Counsel for Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NEAL QUESINBERRY and KIMBERLY WEEKS, husband and wife Plaintiffs v. J.W. PARVIN ENTERPRISES, INC t/a PARVIN PAVING & SEALING Defendants CIVIL ACTION=LAW NO. 14-6391 CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, J.W. PARVIN ENTERPRISES, INC. t/a PARVIN PAVING & SEALING. Papers may be served at the address set forth above. Respectfully submitted, WALTERS & GALLOWAY, PLLC David R Galloway, #8 Counsel for Defendan CERTIFICATE OF SERVICE 26 I, David R. Galloway, certify that I served a copy of the Praecipe for Entry of Appearance on this date, upon Plaintiff's counsel by first-class mail, postage pre -paid, addressed as follows: Date: November 20, 2014 Vincent L. Champion, Esquire CHAMPION LAW OFFICE, LLC 301 S. Hanover St., Ste. 2 Carlisle, PA 17013 Respectfully submitted, WALT : GALLOWAY, PLLC By: David R. Galloway Counsel for Defendant David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E Main St Mechanicsburg, PA 17055 (717) 697-4700 Attorneys for Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NEAL QUESINBERRY and KIMBERLY WEEKS, husband and wife Plaintiffs v. T.W. PARVIN ENTERPRISES, INC t/a PARVIN PAVING & SEALING Defendants CIVIL ACTION -LAW NO. 14-6391 CIVIL TERM NOTICE TO PLEAD TO: NEAL QUESINBERRY and KIMBERLY WEEKS, by and through their counsel VINCENT L. CHAMPION, ESQUIRE. You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Date: /2 Respectfully submitted, WALTERS & GALLOWAY, PLLC David R. Gallo Attorney I.D. y o. 87326 David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54EMainSt Mechanicsburg, PA 17055 (717) 697-4700 Attorneys for Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NEAL QUESINBERRY and KIMBERLY WEEKS, husband and wife Plaintiffs v. J.W. PARVIN ENTERPRISES, INC t/a PARVIN PAVING & SEALING Defendants CIVIL ACTION -LAW NO. 14-6391 CIVIL TERM DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, J.W. Parvin Enterprises, Inc. t/a Parvin Paving & Sealing, by and through its attorneys, Walters & Galloway, PLLC, and files the within preliminary objections to Plaintiffs' Complaint, and in support thereof, avers as follows: 1. On or about November 3, 2014, Plaintiffs commenced the above captioned action by filing a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. Plaintiffs' Complaint purports to set forth a cause of action against Defendants sounding in breach of contract, as well as unfair trade practices, common law fraud and breach of warranty. 3. On or about May 6, 2013, Plaintiffs contacted Defendant requesting a free estimate from Defendant to replace Plaintiffs' driveway in White Rock Acres, 1323 Swope Dr., Boiling Springs, PA (hereinafter the "Property"). 4. After meeting with Plaintiffs, Defendant, on or about June 13, 2013, provided an estimate for the Project. See exhibit "A" attached to Plaintiffs' Complaint. 13. Because Monroe Township's Zoning Enforcement Officer, Gregory Rogalski, only maintains office hours every other Tuesday morning, at the time the work commenced, Defendant had not applied for a driveway permit from Monroe Township. 14. On or about Tuesday, September 24, 2013, Defendant, on behalf of Plaintiffs, applied for a driveway permit, a type of zoning permit, with Monroe Township. A copy of said application is attached hereto as Exhibit "B." 15. At the time of application, Mr. Rogalski issued a driveway permit; a copy of that permit is attached hereto as Exhibit "C." Following receipt of that permit, Defendant drove to the Property and requested Plaintiffs sign the application. 16. Plaintiffs refused to sign the permit application. 17. Upon information and belief, on or about September 27, 2013, Ms. Bliwas called Mr. Rogalski, with concerns the Project was extending on to her property. 18. Upon information and belief, about that same time, Ms. Bliwas was conducting a boundary survey of her property. 19. Upon information and belief, in light of Ms. Bliwas' concern, Mr. Rogalski inspected Plaintiffs' newly replaced driveway on September 30, 2013. 20. By letter dated October 2, 2013, Mr. Rogalski denied Plaintiffs' zoning permit in light of an alleged encroachment of the township's 5' side -setback requirement and for Plaintiffs' failure to sign the permit application. See exhibit "J" attached to Plaintiffs' Complaint. 21. Although the application permit was denied, by e-mail dated October 11, 2013, Mr. Rogalski agreed to issue the permit and approve a final inspection of the driveway if the following two conditions were met: i) Ms. Bliwas had no objection to the encroachment and ii) if Plaintiffs signed the permit application. A copy of that e-mail is attached hereto as Exhibit 22. By letter dated October 28, 2013,.Ms. Bliwas, through her attorney, wrote to Mr. Rogalski indicating she had no objection to the driveway's encroachment. A copy of that letter is attached hereto as Exhibit "E." 23. Plaintiffs praised Defendant's work and indicated they would sign the permit application but as of the date of this response have not done so. More specifically, in an e-mail dated October 15, 2013,.Plaintiffs wrote: On that note, has anyone at Parvin contacted you since you sent the permit revocation letter. Would there be any reason at all for me or Kim or our lawyer to contact Parvin before you receive the letter from Aviv's lawyer, review it and then have us meet with you to sign the new permit paperwork as well as any other forms before you issue us the new permit? Is there any type of timeframe we should be aware of in regards to how long it will take to get the new valid permit once you get the letter from Aviv's lawyer? If the letter was on you[r] township desk by next Tuesday, what would be our approximate timeframe. I will be happy to take off from work next Tuesday afternoon and come down to your Township office or I can meet with you any other day next week except for Wednesday October 23rd On a positive note: we now have substantially less runoff on both our property and Aviv's. During the recent driving rain and flooding in the area, we did not experience any problems and didn't even have grass seed, dirt or straw wash away or move in any way at all on our lawn. A copy of that e-mail is attached hereto as Exhibit "F." 24. Upon information and belief, Plaintiffs have never obtained a survey of the Property. 25. At no time did Defendant ever allege it had obtained a driveway permit from Monroe Township. 26. Additionally, on multiple occasions, as a result of Plaintiff Quesinberry's hostile and hysteric manner in engaging Defendant's employees on the Property, Defendant offered to temporarily stop the Project. 27. As of the date of this response, Plaintiffs have not paid any money to Defendant for the Project. 28. Plaintiffs have refused to allow Defendant access to the Property to inspect the alleged degradation of the driveway. FIRST PRELIMINARY OBJECTION Legal Insufficiency (Demurrer) — Pa.R.C.P. 1028(a)(4) as to Counts I, 1II & IV of Plaintiffs' Complaint 29. Paragraphs 1-28 are incorporated herein by reference as if fully set forth at length. 30. Counts I, III and IV of Plaintiffs' Complaint attempts to set forth a claim under Pennsylvania's Unfair Trade Practices and Consumer Protection Law (hereinafter the "Act,") common law fraud, and breach of warranty respectively. 31. Plaintiffs failed to cite any specific sections of the Act they believe Defendant violated. 32. Plaintiffs failed to plead any facts showing Defendant's alleged failure to apply for a driveway permit in advance of starting the Project rises to the level of a material misrepresentation, fraud or deception under the Act or common law. 33. Plaintiffs have informed Mr. Rogalski they are pleased with the outcome of the Project. 34. Plaintiffs have neither incurred nor established any damages. 35. To date, Defendant has offered to inspect the driveway's condition but Plaintiffs have refused to allow Defendant access to the Property. 36. Plaintiffs do not have a cause of action for breach of warranty when they deny Defendant access to the Property. WHEREFORE, Defendant requests that this Honorable Court sustain Defendant's preliminary objection and strike Count 1, III and IV of Plaintiffs' Complaint. SECOND PRELIMINARY OBJECTION Failure to Join an Indispensable Party— Pa.R.C.P. 1028(a)(5) 37. Paragraphs 1-36 are incorporated herein by reference as if fully set forth at length. 38. Plaintiffs allege, among other things, the drainage system Defendant repaired/replaced is not located on the Property but instead on Ms. Bliwas' property. 39. Plaintiffs allege they are required to move that drainage system from. Ms. Bliwas' property. 40. As a result of these allegations and her potential claims against Plaintiffs and Defendant, Ms. Bliwas is an indispensable party to this action. WHEREFORE, Defendant requests that this Honorable Court sustain Defendant's preliminary objection and require Plaintiffs to join their neighbor, Aviv S. Bliwas, Esquire, to this action. Respectfully submitted, WALTERS & GALLOWAY, PLLC David R. Gallow Attorney 1.D. N . 87326 EXHIBIT A 5 From: Neal Quesinberry [mailto:nquesinberry@gmail.com] Sent: Thursday, August 22, 2013 1:46 PM To: cj@parvinpave.com Subject: Re: Parvin Paving Proposal Cj, Attached is a copy of the proposal that I signed and scanned in. If you would like I could bring the hard copy with me to the gym after work or I can mail it into your office. Just please let me know how you would like me to handle this. I look forward to getting this on Parvin's schedule soon. Thanks, Neak To: 'nquesinberry@gmail.com'. Thu 8/22/2013 1:50 PM Thanks Neal , No worries this will be just fine. I will get back in touch with you tomorrow with a start date. Thank you for your time and getting this back to me. From: Neal Quesinberry [mailto:nquesinberry@gmail.com] Sent: Wednesday, August 28, 2013 12:43 PM To: cj@parvinpave.com Subject: Bringing your operations manager out & start date Cj, Please see my note below about acorns and when they usually start falling in White Rock. This will most likely have to be taken into consideration in regards to scheduling when to begin and finish the paving project. On this note, ideally, I would like to be home when you bring your operations manager out to our house if at all possible. I realize this weekend is a holiday and most people will not be working. I could meet you late Friday afternoon anytime after say 3:30-4:OOpm or Saturday anytime between 10am-1:OOpm. I had planned to work on chopping back the weeds/grass this Saturday morning so that he could see the entire slope. We could wait till early next week; however, I want to make sure the job gets started relatively soon and don't want to put it off for the following reason: 6 ACORNS! I am not sure, exactly when the acorns start falling from our Chestnut Oak trees, but I am fairly certain it is around the third week of September maybe later. They could become a problem in a paving project. "Chestnut oak acorns mature in one growing season and drop from early September to early October, 2 to 5 weeks before the acorns of other upland oaks. Production of chestnut oak acorns is erratic, and heavy crops occur only once every 4 or 5 years. In general, chestnut oak produces fewer acorns than other upland oaks, although occasional trees can be prolific seed producers (2)." I know we talked about a possible 2 week start window once we got the contract signed and I didn't realize the situation until yesterday afternoon when I sorted of was reminded that this Sunday is September 1st. If, we do believe acorns and timing will be an issue, then I will make time to meet you and your operations manager tomorrow. Hopefully, then we can get a start date scheduled soon. Feel free to give me a call on my cell: 717-377-9342 Thanks, Neal To: 'nquesinberry@gmail.com' Thu 8/29/2013 10:47 AM Neal , Good Morning just touching base with you as per our meeting with my operations manager look for us to be out on Friday at 4:30pm. As for a start date on the project we will be on sight Monday the 9th weather depending. If anything changes I will get in touch with you. Please let me know if you have any concerns or anything else that I may have missed. I will look forward to meeting with you on Friday. No worries Neal , we as a company are professionals in the department of driveway and road construction. I truly understand where you are coming from as per the roofing project. I would most likely be in the same boat as you when it would come to anything else going on at your property. Have a good week and I will see you on Friday. If I don't see you at the gym that is ! From: Neal Quesinberry [mailto:nquesinberry(agmail.com] Sent: Thursday, August 29, 2013 11:57 AM To: cjCa�parvinpave.com Subject: Re: Bringing your operations manager out & start date Thanks CJ, 5. On or about August 2, 2013, Plaintiffs advised Defendant they would like to move forward with the driveway replacement project. 6. Over the course of several meetings, Plaintiffs showed Defendant the Property's boundary lines, discussed widening the existing driveway in certain areas, discussed creating more of an "S" pattern to help with the driveway's steepness, and discussed replacing a drainage system near the bottom of their driveway shared with Plaintiffs' neighbor, Aviv S. Bliwas, Esquire (hereinafter the "Project"). 7. On or about August 19, 2013, Defendant issued a revised estimate which Plaintiffs signed and mailed to Defendant on or about August 22, 2013. 8. Defendant indicated it could begin the Project approximately two (2) weeks after receiving the signed estimate. 9. In an e-mail from Plaintiffs to Defendant on August 28, 2013, and subsequent conversations, Plaintiffs relayed they wanted Defendant to begin the project as soon as possible. More specifically, Plaintiffs relayed the following: ... I want to make sure the job gets started relatively soon and don't want to put it off for the following reason: ACORNS! 1 am not sure, exactly when the acorns start falling from our Chestnut Oak trees, but I ani fairly certain it is around the third week of September maybe later. They could become a problem in a paving project. I know we talked about a possible 2 week start window once we got the contract signed and I didn't realize the situation until yesterday afternoon when I sorted of was reminded that this Sunday is September 1S'. A copy of the August 28`1' e-mail is attached hereto as Exhibit "A." 10. To accommodate Plaintiffs, Defendant rescheduled other jobs and arrived at the Property on Monday, September 9, 2013, to review any last minute changes. 11. Defendant eventually began the Project on Thursday, September 12, 2013. 12. Shortly after the Project began and on multiple occasions, Plaintiff Quesinberry approached Defendant's employees in a hostile and hysteric manner. During these episodes, Rick Beddow, Defendant's on-site supervisor for the Project, offered to stop the Project to allow Plaintiff Quesinberry to calm. Plaintiffs never requested Defendant to stop the Project. EXHIBIT B TOVVNS:-N.P. 3220 Boling Springs Road McchancisblIP',, PA 37055 „www.nionrocEAT.net 0 tfice Phone: II 7) 697-1( 13 -7) 2.-931 Monroetkiirp (.1ilycon.icast.coni thC ,12,)11111:7; striCirO! 1 (1):2 rii•NnShir) Ortli enacied Scpattnbe;- 17. I L)v3. idst nendcd Nj.rvi.lnilt-n- ). 2006 :ind the k (-,)11:ifdtAK'n Cod,, f1,1 Aci ,.i.51,19991 and am, tuntidttient ttit.*:to 1.01 - THE F'01,.J.AYWING rrfilNiS SITE ADDRESS (..)1: NUMBER: D:13 • S LA.i.ope_... tt., S priznfa /7oc, 7 PROPERTY OWNER OE RECORD INFORM A.TlON: Name: t be C Address: I 3 02 3 S k -a 0 pe. 1‘ OW 1C1'' s Fax No.: Phone Number:. 717- 37 7 — 3q.i2 Pa Owner's E--NiaiE 1 f'`...PPL,ICANTiCONTRACTOR ENEORNIATION (Complete only if tile applicant is not the property owner): NI a rne.: C r 4, Phk if le lbef: 7 7.- VI- 4.14 8 Address: 1.-1 54-14."1 /Ale Pr 17050 r:ax No.: 'Phe undersigned applicant hereby applies ci)r a perato tuconstruci: 0 New .Residential L)vel1in Li Residential Addition Li Swiintrita;,-1. Pool 0 Feuice 0 Srj 0 Accessory. Structure. (Shed,. (iarage, Etc). 0 Electrical Elic'-irading/Paving FjAgrienitural Strucl ore Description of Proposcil Work; rt ),1 c,e.CCL/e. --e-- r:)irrk-nsions of Improvement-. .1...&ngth —L.__ ft. Width 1-1.eight ft_ Area Estimated cost of proposed work: .1; lel? :3") P Use )f Property: 1—A.,---;-‘,•-•-• r IgrlaluJe oi (Print Name 1 -lore) Signature of Property Owner:* (Priht Name Here) THE PIZOPKRTN: ONVIER MUST SI(;N ALL APPLICATIONS ••(FIE pRop-ERTy owNER AND APPI...1.CAN1' ARE1-31H S.AME, ONLY SIGN AS THE: OWNER. FOR TOWNS.R1P USE ONE 'Fax Parcel Number-. 22.-.D.L. $ OC..• Paid: C. k Se wagc.: Permit No. Date Issued: SEO/Authoritv. .. -1 Date Recelved: 1"er ntlit fin r: EXHIBIT C ZONING BUILDING DATE PERMIT NO. 0 PERMISSION HAS BEEN GRANTED FOR CONSTRUCTION OF fis 0 AT it k o Monroe Township, Cumberland Co. BUILDING CODE OFFICIAL ,-.:7',•• , .',' •., t .....0"- ,... !?..?...•...._ , ' ' - .•,;;;'.:' • P''''''''' ,-1,... - Z7V .* .''''' t 4 ZONING GFFJCER EXHIBIT D 01/21/2014 11:44 7172589311 Ji-: u'i R. DUFFIE, RicliARI) VV.. STEWART UMl:ND O. ti'IYEI.S DAvU) W. pr•,L Jc:E JOHN A. SIATI.uI JEFFREY B. RETTIG MARL( C. !)LIFER; jOH'^ R N1NOSRY MICHAEL, J. CAS MY VIIi,Lf35A .P. OlrEv'Y WADE 0. iV1ANr;IY VIA REGULAR MAIL & ELECTRONIC MAIL CROGA'I,SKI(..ei tt:NNON.LCOM Mr. Gregory Rogalski Pennoni Associates Inc. 1215 Manor Drive, Suite 100 Mechanicsburg, PA 17055 Dear Mr. Rogalski: MONROE TOWNSHIP I,Aw OFFICES OI-INSON DIIFFIE October 28, 2013 PAGE 03/03 .BARRIE 0. GE 1'IRi IN ANTHONY T. LL'CII)c) C.ROLYN 0. MCCLA.ti\ JOHN A. LUCY ULYSSES 5. 'WILSON JULIA A. N;UI:R(SON MATTHEW R11)1E.! Or COUNSEL HURACE.A. joHNso;' C. Ku WEIDNER. IR. 'VY KITEti'S Era. No. 1.36 C M:trr, evn@jc.1.kw.rom Re: Quesinberry Property 1323 Swope Drive, Boiling Springs, PA 17007 Our File 16732-3 We represent Ms. Aviv Bliwas, who lives at 1325 Swope Drive, Boiling Springs, PA. She is a neighbor of the Quesinberry at 1 323 Swope Drive. Ms. BIiwas has no objection to the fact that Quesinberry's new driveway extcnds within five (5) feet of the property line, an apparent violation of the 5 -foot side yard requirement in the Monroe Tovvnsbip Zoning Ordinance. EGM:lab:588245 Enclosure ' cc: Ms. Aviv Bliwas Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Edmund G. Myers RECEIVED Lemli ( ?,4J PENNON! ASSOCIATES INC. 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYI-YANIA 17043-0.109 1'WW,JDSW.COM 7.17,761..4540 FAX 717,761.3015 MAIL© PSW.COM JOHNSON, DUPPIE, STEWART & WEIDNER, P.C. EXHIBIT F 14 Certificate from the permit that Parvin submitted. I can turn the permit around the same day and you can even e-mail me the information. No need tb take off work .. Thanks, G reg Gregory Rogalski, PE, LEED-AP Pennoni Associates Inc. Office 717-975-6481 x5947 I Direct 717-620-5947 Fax 717-975-6480 1 Mobile 717-440-4965 From: Neal Quesinberry [mailto:nquesinberry@ gmail.com] Sent: Tuesday, October 15, 2013 2:39 PM To: Gregory Rogalski Cc: Kimberly Weeks Subject: Re: Permit Revocation Letter Greg, I just wanted to follow-up with you concerning our progress in relation or our driveway project. Our neighbor was waiting to get a survey map back from her surveyor and then she said that her lawyer would be drafting the letter to you this week. Hopefully, once you receive the letter, either Kim or I can come by and fill out the necessary paperwork to get a valid permit and move forward in our dealings with Parvin regarding payment. At this point, we haven't contacted Parvin and we are under the assumption that they know that we need a valid permit in order for the project to be valid. This also assumes that they know that we have been advised by you and two of our lawyers not to issue any form of payment until you receive the letter from Aviv's lawyer, you review it, ask us to come and complete any necessary paperwork and then you as the zoning officer of the township have issued us a valid permit. We want to make sure we are doing everything we can do on our end to not make this difficult for you, Aviv or Parvin. We simply want to make sure we are following the correct procedures and doing everything in our power to get this issue resolved. We aren't trying be disrespectful in anyway to Parvin. On that note, has anyone at Parvin contacted you since you sent the permit revocation letter. Would there be any reason at all for me or Kim or our lawyer to contact Parvin before you receive the letter from Aviv's lawyer, review it and then have us meet with you to sign the new permit paperwork as well as any other forms before you then issue us the new peiinit? Is there 15 any type of timeframe we should be aware of in regards to how long it will take to get the new valid peiiiiit once you get the letter from Aviv's lawyer? If the letter was on you township desk by next Tuesday, what would be our approximate timeframe. I will be happy to take off from work next Tuesday afternoon and come down to your Township office or I can meet with you any other day next week except for Wednesday October 23rd. On a positive note: we now have substantially less runoff on both our property and Aviv's. During the recent driving rain and flooding in the area, we did not experience any problems and didn't even have grass seed, dirt or straw wash away or move in any way at all on our lawn. Thanks again for you help and feel free to give me a call: 717-377-9342 at your earliest convenience. Sincerely, Neal Quesinberry On Thu, Oct 3, 2013 at 2:26 PM, Gregory Rogalski <GRogalski@pennoni.com> wrote: Neal, Copy of permit revocation letter attached for your records. Thanks, Greg Gregory Rogalski, PE, LEED-AP Pennoni Associates Inc. Office 717-975-6481 x5947 1Direct 717-620-5947 Fax 717-975-6480 1 Mobile 717-440-4965 Original Message ----- From: mchmp4001@pennoni.com [mailto:mchmp4001@pennoni.com Sent: Thursday, October 03, 2013 2:09 PM To: Gregory Rogalski Subject: This E-mail was sent from "RNP0A97BD" (Aficio MP 4001). VERIFICATION I verify that the facts set forth in these preliminary objections 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 Date: December Y , 2014 By in James W. Parvin David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E Main St Mechanicsburg, PA 17055 (717) 697-4700 Attorneys for Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NEAL QUESINBERRY and KIMBERLY WEEKS, husband and wife Plaintiffs v. J.W. PARVIN ENTERPRISES, INC t/a PARVIN PAVING & SEALING Defendants CIVIL ACTION -LAW NO. 14-6391 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of Defendant's Preliminary Objections to Plaintiffs' Complaint upon the following persons, in the matter indicated: Date: FIRST CLASS MAIL: Vincent L. Champion, Esquire CHAMPION LAW OFFICE, LLC 301 S Hanover Street, Ste 2 Carlisle, PA 17013 Respectfully submitted, WALTERS & GALLOWAY, PLLC David R. Ga1low {y Attorney I.D. No. 87326