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ROGER L. BOWER . COURT OF COlIMON PLEAS
.
: CUHBERLAND COUN'l'Y
PlaJ.nti~f .
.
v. .
.
. No. 95-1069
.
RUNlCLB-PARVIN ASPHALT .
.
PROTBCTION COMPANY' .
.
.
.
and .
.
. CIVIL ACTION - LAW
.
JANES W. PARVIN .
.
:
De~endants . ARBITRATION MATTER
.
IlO'rICB
YOU HAVE BBEN SUED IN COURT. If you wish to defend against
the claims set ~orth 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 wi thout you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or ~or any other claim or relie~
requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKB THIS PAPER TO YOUR LAWYBR AT ONCB. IF YOU DO
NOT HAVE A LAWl'ER OR CANNOT AFFORD ONE, GO TO OR TBLEPHONE THE
OFFICE SBT FORTH BBLOW TO FIND OUT WHERE YOU CAN GBT LBGAL HELP.
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
CarliSle, Pennsylvania 17013
ROGER L. BOWER . COURT OF COMMON PLEAS
.
. CUMBERLAND COUNTY
.
Pla1nti~~ :
v. :
. No. 95-1069
.
RUNlCLB-PARVIN ASPHALT .
.
PROTBCTION COMPANY .
.
: f
and . ;
.
. CIVIL ACTION - LAW
. I
JAMBS W. PARVIN . ,
.
.
.
De~endants . ARBITRATION MATTER
.
CfWPLAINT
AND NOW, comes the Plainti~~, Roger L. Bower, Pro Se, to ~ile
II. complaint against the above De~endants and in support thereo~ the
Plainti~~ avers as ~ollows:
1. Plainti~~ is an adult individual residing in CWllberland
County, Pennsylvania with a residence address o~ 4904 Delbrook
Road, Mechanicsburg, Pennsylvania 17055.
2. De~endant Runkle-Parvin Asphalt Protection Company is an
entity doing business in Pennsylvania with an o~fice located at
6364 Brandy Lane, Mechanicsburg, Pennsylvania 17055 and an o~~ice
mailing address o~ P.O. Box 336, Mechanicsburg, Pennsylvania 17055.
3. Defendant James W. Parvin is an adult individual residing
in CWllberland County, Pennsylvania with a residence address of 4227
Nantucket Drive, Mechanicsburg, Pennsylvania 17055 and an o~~ice
mailing address o~ P.O. 336, Mechanicsburg, Pennsylvania 17055.
4. At all times relevant to this Complaint, James W. Parvin,
-1-
all or any of whom hereafter called .parv1n. was an authorized
representative of Runkle-Parvin Asphalt Protection Company, all or
any of whom hereafter called .Company..
5. At all times relevant to this Complaint, there existed a
valid contract between all parties. A copy of which is attached all
Exl11b1 t "A..
6. On or about March 23, 1994, Plaintiff called Defendant
"Company" and requested an estimate/proposal for work to be done on
his driveway.
1. On or about March 25, 1994, Defendant .Parv1n"
representing Defendant "Company" caDle to Plaintiff's residence for
the purpose of making a proposal to excavate, remove, replace and
enlarge existing driveway, and remove and replace existing
sidewalk. A copy of which is attached hereto as Exhibit "A".
8. On or about April 1, 1994, Defendant "Parvin" contacted
the Plaintiff by telephone to inquire about the above mentioned
proposal.
9. During the above mentioned telephone conversation,
Plaintiff informed Defendant "Parvin" that he was not low bidder
but due to "Parvin's" past customers recOllllllendat1on he would offer
Defendant "Parvin" the job if he would match the low bid. Further,
Plaintiff informed Defendant "Parvin" that some certain
Changes/clarifications needed to be made to the proposal. These
changes include: (1) remove the word apron in number one of the
-2-
proposal; (2) add the words "plus one section west and the width o~
the driveway" to number one o~ the proposal with regards to the
walkway; (3) Add the words "approx. width 20'0" total" to number
two o~ the proposal, (4) change 2500 to 3000 in number three o~ the
proposal; (5) add the words "4" to 6" Base" to number ~our o~ the
proposal; (6) remove the words "3 inches of Id# 2a wearing on new
area and 1 and 1/2 to 2" on existing driveway" in number five of
the proposal; (7) add the words "2" binder and 1" Id# 2 wearing
sur~ace" to number ~ive of the proposal; (8) add the words "remove
existing driveway. $210.00" to the bottom of the proposal; (9)
change the bid amount from Two Thousand Four Hundred Fifteen
dollars ($2,415.00) to Two Thousand Six Hundred Twenty-five dollars
($2,625.00) .
10. During the same above mentioned telephone conversation
Defendant "Parvin" agreed to match Plaintif~'s low bid and in~ormed
Plaintif~ that the signed proposal would be the contract, further,
De~endant "Parvin" informed the Plaintiff that work would begin
within a "few weeks" from his receipt of the signed proposal
(contract) and that it would take "no more than two weeks to
complete".
11. On or about April 18, 1994, Plaintiff signed and mailed
Defendants copy of above mentioned proposal with the noted changes.
12. On or about Hay 16, 1994, Defendant "Company" began the
work on Plaintiff's driveway. Further, during the work process
Defendant "Company" damaged Plaintiff's house in two separate
locations. -3-
13. Once started, De~endants "Company" and "Parvin" worked
only two days then ~ai1ed to return to continue ~or ten days or
more.
14. Beginning on or about May 20, 1994 Plaint1~f made several
telephone calls to De~endants "Company" and "Parvin" to ascertain
why work stopped and when the project would be completed and/or at
least work would resume. Further, De~endant "Parvin" assured
Plaintiff, several times, that someone would be there the next day.
15. On or about June 3, 1994, De~endants "Company" and
"Parvin" did come to Plaintiff's residence and continue work on the
driveway that included paving. Further, Defendant "Parvin" told
Plainti~f that someone would come and finish the sidewalk
"tomorrow" (Saturday, June 4, 1994J.
16. On June 3, 1995, Plaintiff along with Douglas Leonhard and
Dennis Blauch watched as Defendants "Company" and "Parvin" paved
the driveway. Further, Plaintiff informed Defendant "Parvin" that
the work was not satisfactory and cited the specific reasons and
areas.
17. Defendant "Parvin" attempted to fix one area and told the
Plaintiff not to worry about the others as "they are not a
problem" and that "it will be ok".
18. De~endant "Company" failed to finish the sidewalk until
June 8, 1994 despite Defendant "Parvin's" assurance daily that it
would be completed sooner.
-4-
19. on or about JUne 9, 1994, Pla1nt1~~ contacted De~endant
"Parv1n" and cont1nued to express d1ssat1s~act1on ~or the same
unacceptable areas.
20. on or about JUne 23, 1994, De~endant "Parv1n" came to
Pla1nt1~~'s res1dence and attempted to correct the problems.
21. Beg1nn1ng on June 24, 1994 and cont1nu1ng up to July 18,
1994, Pla1nt1~~ contacted De~endant "Parv1n" and cont1nued to
express d1ssat1s~act1on ~or the same unacceptable areas.
22. on July 18, 1994, De~endant "Parv1n" came to Pla1nt1f~'s
res1dence, met Pla1nt1ff and attempted to f1x the problems.
23. Dur1ng sa1d meet1ng on July 18, 1994, Pla1nt1~~ 1n~ormed
Defendant "Parv1n" that he saw some 1mprovement, however, the job
was st111 very poor.
24. Dur1ng sa1d meet1ng on July 18, 1994, Defendant "Parv1n"
told Pla1nt1~f that be would come back 1n September and "seal" the
dr1veway at no charge and that he would guarantee Pla1nt1ff's
sat1sfact10n w1th tbe ~1n1shed product. Further, Defendant
"Parv1n" requested payment and told tbe Pla1nt1ff to hold back one
HUndred dollars ($100.00) unt11 September.
25. On or about July 18, 1995, pursuant to Defendant
"Parv1n's" request and re11ant on h1s guarantee Pla1nt1ff pa1d
De~end/JJJts "Company" and "Parv1n" Two Thousand F1ve Hundred Twenty-
~1ve Dollars ($2,525.00) ~or 1nvo1ce numbers 6240 and 6241, by
-5-
personal check number 2448. A copy o~ whicb is attached as Exhibit
-B-.
25. On or about September 1994, De~endant "Company" came to
Plainti~~'s residence and sealed tbe driveway, however, ~ailed to
correct any o~ the problems and/or mistakes.
26. Plainti~~ contacted Defendant .parvin. tbe day a~ter the
driveway was sealed to express his continued dissatisfaction with
the same unacceptable areas of the driveway and added that during
the sealing process the house was splasbed with sealer. FUrtber,
Plainti~~ demanded tbat the Defendants "Company. and "Parvin" make
good on their guarantee.
27. On or about September, 1994, Defendant "Company" came to
Plaintiff's residence and unsuccessfully attempted to clean tbe
splashed sealer, however, made no further attempts to correct the
unacceptable areas of the driveway.
28. On or about September, 1994, Plaintiff contacted Defendant
"parvin" and continued to express dissatisfaction with the same
unacceptable areas.
29. Defendant "parvin" advised Plaintiff tbat there was
nothing more he would do to improve Plaintiff's driveway.
30. Despite demand, Defendants .Company. and .parvin" refused
to complete Plainti~f's as contracted and guaranteed.
-6-
COf1NT r
ADIl'ACB' or COBrRACT
RnmrD L. BOIfBR v. Rrnnrr.Il'-PARVIN ASPBAL'l! PRCYrBCTrOB rYWPaNr
All'" JAJIIlS W. PARVIN
31. Paragraphs 1 through 30 are .:Lncorporated here.:Ln by
re~erence as i~ ~ully set ~orth at length.
32. On or about July 18, 1994, De~endants "Company" and
"Parvin" agreed to ~.:Lx Pla.:Lnti~~'s driveway guaranteeing
Plainti~~'s satis~act.:Lon. Further, by accepting payment, ~rom
Pla.:Lnt.:Lf~, Defendant agreed to complete the job in a satisfactory
manner.
33. Defendants "Company" and "parv.:Ln" made one attempt to fix
Plaintiff's driveway subsequent to July 18, 1994, however, failed
to correct any of the problems.
34. Defendant "Parv.:Ln" was aware that Pla.:Lntiff relied on
"parv.:Ln's" past customers recommendation, further, "Parv.:Ln"
knowingly used that recommendat.:Lon to secure the job.
35. Defendants "Parvin" and "Company's" use of sa.:Ld
recommendat.:Lon constitutes advertisement and thus entitles
Plaint.:Lff to the right to expect the same quality of perfo%Illance as
the advertisement.
36. Defendan ts "Company" and "Parvin" fail ure and refusal to
fix Plaint.:Lffs dr.:Lveway or to refund Plaintiff the appropriate
amount of h.:Ls payment to justly correct the problems is an
intent.:Lonal and material breach o~ their contract with the
Pla.:Lntif~ .
-7-
WHBRBPORB, Pla1n~1~~, Roger L. Bower, prays tbat tb1s
Honorable Court enter judgment 1n b1s ~avor and aga1nst tbe
De~endants, Runkle-parv1n Aspbalt Protect10n Company and James W.
Parv1n, jo1ntly and severally, ~or an amount tbat does not exceed
Twenty-~ive Tbousand ($25,000) Dollars, tbe compulsory arb1tration
lim1t ~or Cumberland County.
COUNT II
UNJUST -T~
ROGBR L. BOIIfBR v. RmJrT.Il!-PARvrB ASPI1.ALT PROTBCTION COIIPANr
AIlm JAJlBS W. PARvrB
31. Paragrapbs 1 tbrougb 36 are 1ncorporated by re~erence as
i~ Sl'!t fortb at lengtb.
38. De~endants "Company" and "Parv1n" bave wrongly secured a
benef1t wbicb was conferred upon tbem by tbe Pla1nt1ff.
39. Defendants "Company" and "Parv1n" bave not compensated
tbe Pla1ntif~ ~or tbe benef1 t.
40. It would be unconsc10nable for Defendants "parvin" and
"Company" to retain tbe benef1t w1tbout fully compensating tbe
Pla1ntiff.
WHEREFORE, Pla1ntiff, Roger L. Bower, prays tbis Honorable
Court enter judgment in bis favor and against tbe Defendants,
Runkle-Parvin Aspbalt Protection Company and James W. Parv1n,
jointly and severally, for an amount tbat does not exceed Twenty-
five Tbousand ($25,000) Dollars, tbe compulsory arbitration 11mit
for Cumberland County.
-8-
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RUNKLE.PARVlN
ASPHALT PROTECTION CO,
P,O, Bo, 336
6364 Brandy Lane
Mechanle'burg, PA 17055
li~h/8'+ "/I"
P,I[IU "0
01
Pagn,
(717) 766.040B
IPROIPOSAl
6964
PHONE
TO
I"1r ROfIM- i1u,"'fr
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DATE
,11'1.(( J: ol~('TIY'
JOB NAME I LOCATION
JOB NUMBER
JOB-PHONE
We hereby submit specifications and estlmales for: ~ ""~ 0""'" Se.c::Jrrrto~ .......s~ 4r ....,., ~ ~c...
Asphal t paving to include: ,,'-'~~""'" Q'i" +"'c. ~'lc.....:."'1
'. ;::- KecIC'''./... ".~C( ''''..e<!-(. (1,"-.\><..:,,'1. ' ""~ W...\luJll'1 {;".... 'H..... ""'''~'I'J.... ...+<.U~ 1-
efr"'<- -lu ~\lt 10.," h'(Q ~ 'I', '1-4 .,~,lw" lk 1.."'-< <J/.~ .r;"", ,-, 131". k CVI'~ 3 'c b. 10,,, .:...".n,( (.
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There is a one year guarantee on all material and labor.
If you have any questions or concerns, please feel free to call.
\\e Propose hereby 10 furnish malonal and labor - complete ill accordance wllh the above specifications. lor the sum of:
7c3D %"".....,.) _ . S " ><. hv",~~ -t;..v&oJ-kt 1=1'10'<. 0011... lstll Y/[;~ G .;;Jf..:;JS ,,";,
paymenl to be made as 101loWli:
Upon completion of the work. After 30 days a
month and any collection costs will be added
.5" per
All .!.""tHlill 11 gUllr.lnleed 10 be as Ipeclfled All ..ark 10 bD complfllOd m d p,olosllonal
manner Ilcco'dmg 10 "andald p'."IC.I. An1 all.rallor\ 01 dtl~l.ltlon horn abovl'f 1P&CIIIC/I-
1101'1" mvolvlng 0.1'11 COlli ..,II be ..oculed 01'111 upon ..rlllon OIdo'". ::md \Ilnll bflcome an
lulfa cnarge ovo, and abOllt! th. .Shm"Ie All agr,,"m8nls conlingent ullOn "lrl.e!, aCCldeo"
01 <101111" bll~ond ou, conl,ol O..n., 10 carry Itle, 100n/lOo and Oll'lar n(l'CO!l'<I'Y ,"'iJllInC~
a,)' ....OI~(l'5 are lull1 covlI'od by WO'ker'! ComponSAtlon Inlll/Anto
Aultlollz(Hi
51(11'1.)lulI)
James W.
Nol" ThH'JlIOJltlUlmaVDfl
"',Il\dFlh~n bV u'i.ll nol aCCrtOlod .....'Ihm
Parvin
30
;\cccptance of Proposal _ The above plleeS, spoelliCnlions
and condlllons are sillislaclory and aro horoby accepted You are authorized S'g""lul~
10 do tho work as spoclliod. Paymen1 will be made as oullinod above
~~~
0.11001 Acc"pl,lnto "-\ -\" -,r .. 9 \f
S'lJ!';\lutH
0g)
Roger L. Bower, Plaintiff
In The Court of Cocmon Pleas of
Runkle-Parvin Asphalt
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Protecti9n
~o. 95-lp69 Civil Term 19
Cumberland County, Pennsylvania
OArR
We do solemnly swear (or affirm)
........ - '-
theiCon(tttu~on of the United States
~ea~~ and t~'we will discharge the
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that we will support, obey and deiend
and the Consticutiou or this Comoon-
du~e~/}i~ith fide~~ty.~
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/( III )It I ( ,r"" /UU((i
*
AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or af:irmed), make the following award:
(Note: If damages for delay are awarded, they shall be
separately stated.)
U/{J B.!.bI q(jI)f,IHST' tltLfif;/J1r:~ qn-<< {::o.r- 7h~ ()(JI'~#;'~
d" ,0 "(17 Iv d<. C)t -f:::- /'0/'0'0- ~ of- 7'I1-e VO /~.p .IP--A
cia W14~ e <; .
Arbitrator, dissents.
name i=
applicable. )
Oate of aearing: l2/22/95
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:Jate of Award:
I "
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~OTIC~ OF ENTRY OF AWARD
~cw, the ,;z..l.Yiday or ~J\.-, 19...ii::, at .JJ.g)' n.:!., the above
award was entered upon the docket and notice :hereof given by ~il to the
?arties or thei= attorneys.
Arbitrators' cocpensation :0 be
paid upon appeal:
S J..f: 0.00
;t/U,(~ [, }{/.uk
C'l Prothonotat"l'
3y: UJ.L~J~ C;. l1/..tl~
~ Oepucy
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/ *EIN 25-1770249 McGraw, Halt & Deitchman
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ro 'l1-IE plUl'HOl'VI'ARY OF CUMBERLAND COUNl'Y
Please list the following case.
(Check one)
for JURY trial at the next tenn of civil court.
"
X) for trial without a jury.
-----------------------------------------
CAPl'ION OF CASE
(entire caption RUst be stated in full)
(check one)
Civil Action - Law
(other)
ROGER L. BOWER
( X) Appeal fran Arbitration
(
(Plaintiff)
vs.
RUNKLE-PARVIN ASPHALT PROTECTION
COMPANY
The trial list will be called on
October 15. 1996
Trials commence on
November 12. 1996
(Defendant)
Pretrials will be held on October 23. 1996
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
vs.
No.
95
Civil
1069
19 95
Indicate the attorney who will try case for the party who files this praecipe.
Gregory H. Knight. Esquire
Indicate trial counsel for other parties if known.
Murrel R. Walters. Esquire (for Defendant)
This case is ready for trial.
Signed. G ~ "1~~' ~
Print Nane. G""'(IV~i. It:k ic; 'f.,t-
Attorney for. Plaintiff
Date. 2-9 A-wj c...s t 199 f::,
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERI.AND
)k, '7 (, JoG. 'i c..-';
COMMON PLEAS NOTIFICATION
REQUEST FORM
Glenn R. FARNER
5002 LENKER STREET
MECHANICSBURG, PA
,_ (7171 76l-8230
17055-0000
PLAINTIFF NAME _nd AOOAEBS
IBOWER, ROGER
4904 DELBROOK RD.
MECHANICSBURG, PA l7055
L
DEFENDANT: VS,
r- NAME .nd AOOAfSS
'JIM PARVIN/RUNKLE-PARVIN
6364 BRANDY LN.
P.O. BOX 336
~ECHANICSBURG, PA 17055
ASPHALT
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09-3-04
UJN,,",* Ikon
Add,...
Glenn R. FARNER
5002 LENKER STREET
MECHANICSBURG, PA 17055-0000
Docket No,: CV-0000475-94
Dale Filed: 12/05/94
Pleale be advised lhat an appeal has been flied in the above captionod case. Kindly ula this form to lndlcatelho relulta
In this CBle, and roturn to tho issuing authority (lilted above).
RESULT OF APPEAL
SUMMARY APPEAL
APPEAL STRICKEN. .ppool ho, b.on di,.lIow.d.
APPEAL DISCONTINUED. .pp..1 h.. b..n di.ontinuod by .ppell.n!.
DISTRICT JUSTICE DECISION UPHELD. court h.. r..ched ..m. d.cl.ion ., orlgln.1 di,trlct ju,tlc. d.cl.lon,
_ district jUllieD office lalo collect remaining rines/colla.
APPEAL SUCCESSFUL.. court hns roached decision favorable to defendant.
full r.fund to be I..u.d by dl,trict ju.Uc. offlo.,
partial refund 10 be issued by district jUltlce office.
REVISED DISTRIBUTION OF FINES AND COSTS
If district JustleD office I. to IIIu8 a partial refund. pleale indicate any new dlltributlon In tho amount(l)
of fines and costs as 8 result 01 the court's decision.
FINE
COUNTY CRT COST
STATE CRT COST
STATE CSTl
HEARING COST
EMS
CAT
JCP
DVC
evc
CCD
OTHER(pl.... .peclfy)
CIVIL APPEAL
APPEAL STRICKEN. .ppeol h.. b..n di..llow.d.
APPEAL DISCONTINUED. .pp.ol h., boon dl.conlinu.d by .pp.lI.nl
DISTRICT JUSTICE DECISION UPHELD. court h.. r..ch.d tho ..m. docl.'on .. th. dl.trict lu.tlc.ludgm.nt.
DISTRICT JUSTICE DECISION DISMISSED. court h.. r..ch.d . d.cl.lon th.t do.. not concur wnh th. dl.trlct ju.llc.judgm.nl
WRIT OF CERTIORARI
WRIT STRICKEN. .pp..1 ho. bo.n dl..llow.d.
WRIT DISCONTINUED, writ h., b.en dl.conlinu.d by .ppoll.nt.
DISTRICT JUSTICE DECISION SET ASIDE. th. c... will be roh..rd duo to Irr.gul.rlty, lock of Juri.dlctlon, or Improper v.nu.,
WRIT DISMISSED. district justice declslol"'l was not found 10 bo f1nwod, locking jurisdiction. or having Impropor venuo.
STATEMENT OF OBJECTION (Pi.... glv. 0 g.n.ra.aummory olth. r"ult.)
OBJECTION DISCONTINUED. objecUon h.. be.n di.conlinuod by th. oppell.nt.
OBJECTION DEN'ED. obJ.ction h.. be.n d.nlod by th. Court of Common Pl...,
OBJECTION UPHELD. opp.lI.nt', obJection h., beon uphold by th. Court of Common Pl...,
AOPC 729,94
FORM PRINTED:
3/07/95
9:30:l0
CoMMONWOILlH 0' 'INI'IITLVANIA
COUIT O'~MOH 'LIAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTI'CT
DISTRICT JUSTICE JUDGMENT
-,
COMMON 'LIAS No. q.6 - IP (0 q c.:..,,; (ler/l1
NOTICE OF APPEAL
NoHce i. given that !he ~pellant ha. filed in the above Court of Comman Plea. an appeal from the judgment rendered by the Di.trict Ju.tice 01, the
date and in !he case mentioned below
;a:
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Jim l'a-vin / Runkle
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6364 Brandy
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P.O. 336 .
Lane .
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Boer, Roger
CV 19. ('>(100 if1ii - "Jl-
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Thi. black will be signed ONLY when this oolaHan i. required und.... Po. R.cPJP. No.
l008&.
Thi. Notice of Appeal, when received by the Di.trict Ju.Hce, will operate as a
SUPERSEDEAS to !he judgment fat posse.sion in this co.e.
..:III ME,> W, ?;f~v'ili
If appellant was CLAIMANT (see Pa, R.C'p,J,P, No,
100 1 (6) In action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days af/er
filing his NOTICE of APPEAL.
Signalute aI Prothonotary 01 Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
100 1/7) in action before District Justfee,
(This seetion of form to be used ONLY when appellant was DEFENDANT (see Fa. R.C.P.J,P, No.
IF NOT USED, de/JJch from cqQY of notice of appeal to be served upon appellee).
PRAECIPEI To Prothonotary
Enter rule upon 13 C) W f e I
(Cammon Plea. No. q 5 - J OloCf
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Nwno 01 awolJec(sl
(tv; I~r".,
Ie 0 complaint in this appeal
RULEI To
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try of Judgment of non pra~
, appellee(.),
01 _ 01 his attomoy 01 agont
W, 'P,1 ~ VIII.'
(1) You are ootifoed that 0 rule i. hereby entered upon you to file 0 complaint in this appeal within twenty (20) day. aft.... the date of
service of this rule upon you by penonal 'etVice 01' by certified 01' regi.tered maiL
(2) If you do oot file a complaint within this time. 0 JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU,
(3) The date of service of this rule if service was by mail i. the date of mailing,
Oate:. ~h E'.tI9~,
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SII1lIIIlnril CI~
lOPe 312-84
COURT FILE TO BE FILED WITH PROTHONOTARY
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service IyIUST BE FILED WITHIN TEN (70) DA YS AFTER filing the notice of eppe.', Check eppllcable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF : II
AFFIDAVIT: I hereby swear or affirm that I served
o a copy of 'he Notice of Appeal, Common Pleas No. , upon the Dlslrlct Justice designated therein on
(data of service) , 19~ 0 by personal service 0 by (certified) (regIstered) mail, sender's
receipt attached hereto, and upon the appellee, (name) , on
,19 n by personal service 0 by (certitied) (registered) mail, sender's receipt attached hereto,
o and further that I served the Rule 10 File a Complaint accompanying the above Nollce 01 Appeal upon the appellee(s) to whom
the Rule was addressed on , 19~ 0 by personal service 0 by (certllied) (registered)
mail, sender's receipt attached hereto,
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAVOF ,19_
Slgnaturs of affiant
Signature of ollielsl be/ot, whom allldavl' was made
Tme 01 offiCIal
My commission expires on
19_,
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~_1eceIPt for
Certified Mail
No Insurance Coverage Provided
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C__NWIAUN Of PINNIYLYANIA
COUIT Of C__N PLIAI
NOTICE OF APPEAL
FROM
JUDICIAL DISTalCT
DISTRICT JUSTICE JUDGMENT
COM_NPUAIN.. ~O(Pq (',,,; /JerM
NOTICE OF APPEAL
Notice i. giwn thai !he appellant has filed in lhe above COlKt of Common Plea. on appeal from the judgmenl rendered by lhe Diltrid Ju.tice an .....
do", and in !he ca... mentioned belCM
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Jim Parvin / Runkle - Parvin ,\sphal t
UANT
6)64 Brandy Lane . P.O. 3)6 .
Glenn R. Farner
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1'<.. 17055 717 7&(,-cdo'l
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l\unkle-J Hrvin .\s hal t
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This block wiD be signed ONLY when lhi. natation i. required und", Po. R.CP JP. No.
10088.
This Notice of Appeal. when received by the Diltrict Justice, will aperole a. a
SUPERSEDEAS ta !he judgment fat po.....sion in this case.
\
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"appellant was CLAIMANT (see Pa. R.C,P,J.P. No.
100 1 (6) in action before District Justice. he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL,
Sl{Jflatute of Pro/Ilona/my 01 Deputy
PRA~CIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of lorm 10 be used ONLY when appellant was DEFENDANT (500 Pa. HC.P.J,P. No. 1001(7) In action belore D1stJict Justice.
IF NOT USED, detach lrom c",y 01 natlce 0.1 aweal 10. be served upon appellee). '
PRAECIPEt To Prothonolary
Entetrule upon Eo W ~ e J
(Common Plea. No. q5- IO&q
RULEI Ta
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(1..i; I ~r,.,., ) within lwenty (20) day'- aft", .e;:~~of rule at
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e a complaint 'n this appeal
try of judgment af non pm.
, appellee(.),
r;; 01 his sttomey Of agcnf
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(I) You are nOfiRed that a rule is hereby enlenld upon you to file a complaint in thi. appeal wilhin twenty (20) days aflet the date af
....vice of lhi. rule ~you by penanal 'IlIvice 01 by cllltifled 01 regi.tered maiL
0- ,,-:;:",")::
(2) If you do~ fi~'~'.camplain' within this time, a JUDGMENT OF NON PROS WILL 8E ENTERED AGAINST YOU,
c:u ::.
(3) The dale ~ ...rvice of this rule if s",vice was by mail i. lhe dale at mailing.
Date: .. marc.h L~~9~.
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COURT FILE
(This proal 01 service MUST BE FILED WITHIN TEN (10) DA YS AFTER III,"g Ihe notice 01 appeal, Check applicable boxes)
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C' v,...b'-C'/f: I,."" D
;..
AFFIDAVIT: I hereby swear or affirm thai I served
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.Cil a copy 01 the Notico 01 Appeal, Common Plaas No, !> IO/' { _ , upon the District Justice designated therein on
(dale 01 service) ~ - 7. , 19:1i:-, D by personal servlco ~bY (Certilied) (reglslered) mall, sendar's
receipt attached hereto, and upon the appellee, (namo) " , "" .....' , on
"2, -.., ,19.,.... n by personal service I8-by certilled (registered) mail, sender's receipt attached hereto.
D and lurlher lhall served the Rule to File a Complalnl accompanying the above Notice 01 Appeal upon the appellee(s) to whom
the Rule was addressed on ~ . J. , 19~ rsonal servlc by certified) (registered)
mail, sender's receipt attached hereto.
Sign.ture at alliant
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS rei DAYOF ilt4.rd"" 1995-
S nslUIS 01 olflC/sI belote
h,rn
rillo 01 offiCial
My commission expires on p vi 7 /0
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ROGER L. BOWER . COURT OF COMMON PLEAS
.
. CUMBERLAND COUNTY
.
Plaintiff .
.
v. :
. No. 95-1069
.
RUNKLB-PARVIN ASPHALT .
.
PROTBCTION COMPANY .
.
.
.
. CIVIL ACTION - LAW
.
Defendant .
.
.
.
: ARBITRATION MATTER
TO: RUNKLB-PARVIN ASPHALT PROTBCTION COMPANY
DATB OF NOTICE: June 6. 1995
TJfPORTANl' NOTICE
YOU ARB IN DBFAULT BBCAUSB YOU HAVE FAILED TO TAl<E ACTION
REQUIRED OF YOU IN THIS CASB. UNLBSS YOU ACT WITHIN TEN DAYS FROM
THE DATB OF THIS NOTICB A JVDGMBNT MAY BB ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSB YOUR PROPERTY OR OTHER IMPORTANT
RIGHTS. YOU SHOULD TAl<E THIS NOTICB TO A LAWYER AT ONCB. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TBLBPHONE THE
FOLLOWING OFFICB TO FIND OUT WHBRE YOU CAN GBT LBGAL HELP.
CUMBERLAND COUNTY COURT ADMINISTRATOR
CARLISLB, PENNSYLVANIA 17013
717-240-6200
~~<- ~~~.. ~
Roge L. Bower, Pro Se
"-'l'IYICA'l'B 0' SDWCB
I, Roger L. Bower, state that I have caused to be served a
true and correct copy o~ the attached Ten Day Not:l.ce to the
De~endant, Runkle-Parv:l.n Asphalt protect:l.on Company, at the address
l:l.sted below, by the same be:l.ng placed :l.n the U.S. Ma:l.l, Cert:l.~:l.ed
(Z 321 764 641), Return Rece:l.pt Requested, th:l.s 6th day o~ JUne
1995:
Murrel R. Walters, III
Attorney at Law
54 Bast Ma:l.n Street
Mechan:l.csburg, Pennsylvan:l.a 17055
Date: G:, - 6 - '1.5"
Respect~ully subm:l.tted,
BY:~~.~~
Roger L. Bower, Pro Se
4904 Delbrook Road
Mechan:l.csburg, Pennsylvan:l.a 17055
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ROGER L. BOWER,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-1069
RUNKLE-PARVIN ASPHALT
PROTECTION COMPANY and
JAMES W. PARVIN,
Defendants
ANSWER OP RmntLE-PARVIN ASPHALT PROTECTION COMPANY
AND NOW, comes Defendant Runkle-Parvin Asphalt Protection
Company, by and through its attorney, Murrel R. Walters, III,
Esquire, and answers as follows:
1. Admitted.
2. Admitted.
3. Pursuant to Court Order dated June 1, 1995, no response is
required.
4. Admitted.
5. Admitted. It is admitted that a proposal was prepared by
Defendant on March 25, 1994 and that, after several modifications,
there was an acceptance by Plaintiff on April 18, 1994.
6. Admitted.
7. Admitted. It is admitted that a proposal was prepared on
March 25, 1994. The terms of that proposal are self-explanatory.
8. Admitted. It is admitted that a telephone call was made,
but the exact date thereof is not known.
9. Admitted in part and denied in part. It is admitted that
some modifications of the original proposal were made and these
changes appear on the proposal itself. Defendant does not know the
reason for Plaintiff's actions, so any allegations relative to such
are denied.
10. Denied. Defendant stated that the project would take five
to seven working days, depending upon the weather and sub-
contractor availability. The total time for the project was
estimated at four to six weeks from acceptance of the proposal.
11. Admitted.
12. Denied. Excavation started on May 23, 1994. The alleged
damage to the house was not brought to the attention of Defendant
until the completion of the project.
13. Admitted. It is admitted that there were some breaks in
the continuity of the work performed.
14. Admitted in part and denied in part. It is admitted that
there were some breaks in the continuity of the work performed on
the project, but it is denied that there was an assurance that work
would be continued or completed on the next day.
15. Denied. It is denied that there was a blanket assurance
that the work would be completed on the next day, but rather,
Plaintiff was informed that work would be commenced as soon as
supplies and labor were available.
16. Denied. Defendant does not possess sufficient information
upon which to form an opinion as to the truth of this averment, and
it shall be deemed to be denied.
17. Denied. No response is required relative to Defendant
Parvin, however, such assurances were never given by Defendant.
2
18. Denied. It is denied that there was a blanket assurance
that the work would be completed on the next day, but rather,
Plaintiff was informed that work would be commenced as soon as
supplies and labor were available.
19. Admitted.
20. Admitted in part. It is admitted that a visit was made to
the site in an attempt to ascertain the problems cited by
Plaintiff.
21. Denied. A settlement was reached on July 18, 1994, by
which Plaintiff paid all but $100.00 to Defendant, conditioned upon
Defendant applying a coat of sealer on the property at the end of
summer.
22. Denied for the reasons set forth in the answer to
paragraph 21.
23. Denied for the reasons set forth in the answer to
paragraph 21.
24. Admitted in part and denied in part. It is admitted that
there was an agreement reached on July 18, 1994, but it is denied
that there was any guarantee of Plaintiff's personal satisfaction.
25. (first) Admitted.
25. (second) Admitted in part and denied in part. It is
admitted that a seal coat was applied but there were no problems
remaining to correct, so the remainder of the allegation is denied.
26. Admitted in part and denied in part. It is admitted that
Plaintiff continually complained throughout the entire process and
3
even after the seal coat was applied, but it is denied that there
was ever a guarantee of personal satisfaction or that there was
damage to the house.
27. Admitted in part and denied in part. It is admitted that
after careful examination, a minute splash was pointed out to
Defendant. After an attempt was made to remove the splash, it was
determined that the only solution that would satisfy plaintiff was
to repaint the entire side of the house.
28. Admitted.
It is admitted that Plaintiff continued to
complain.
29. Admitted.
30. Denied.
The driveway was installed properly in a
workmanlike manner to industry standards.
31. Paragraph 31 does not require a response.
32. Denied. Defendant never guaranteed that the work would be
done to plaintiff's ultimate satisfaction.
33. Admitted in part and denied in part. It is admitted that
Defendant attempted to satisfy Plaintiff, but there were no
uncorrected problems remaining.
34. Denied. Defendant does not possess sufficient information
upon which to form an opinion as to the truth of this averment, and
it shall be deemed to be denied.
35. Denied. Defendant does not possess sufficient information
upon which to form an opinion as to the truth of this averment, and
it shall be deemed to be denied.
4
36. Denied. This averment constitutes a conclusion of law to
which no response is required and shall be deemed to be denied.
37. paragraph 37 does not require a response.
38. Denied. Defendant was paid an appropriate amount for the
work performed, an amount agreed upon to be paid by Plaintiff.
39. Denied. This averment constitutes a conclusion of law to
I
which no response is required and shall be deemed to be denied.
40. Denied. This averment constitutes a conclusion of law to
which no response is required and shall be deemed to be denied.
41. Paragraph 41 does not require a response.
42. Denied. Plaintiff voluntarily paid money to Defendant in
a settlement reached in July 1994.
supporting conversion.
43. Denied. This averment constitutes a conclusion of law to
There is no allegation
which no response is required and shall be deemed to be denied.
WHEREFORE, Defendant respectfully requests this Honorable
Court to award judgment in its favor and against Plaintiff.
Murrel R. Walters, III, Esqu re
Attorney for Defendant
54 East Main street
Mechanicsburg, PA 17055
(717) 697-4650
1.0. No. 24849
5
VERIPICATION
I verify that the statements made in the foregoing document
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. S 4904, relating
to unsworn falsification to authorities.
7 ~
James W. Parv n
SEP 20 IZ us : rt '95
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-1069
ROGER L. BOWER,
Plaintiff
RUNKLE-PARVIN ASPHALT
PROTECTION COMPANY and
JAMES W. PARVIN,
Defendants
NOTICB
To the Plaintiff:
You are hereby notified to answer the enclosed Preliminary
Ilt,r.f I {'fqr
Date
:(JL Iv
MURREL R. WALTERS, III, BSQUIRE
Attorney for Defendants
Objections within twenty (20)
default judgment may be entered
days from service thereof or a
ROGER L. BOWER,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
RUNKLE-PARVIN ASPHALT
PROTECTION COMPANY and
JAMES W. PARVIN,
Defendants
NO. 95-1069
PRBLIMINARY OBJBCTIONS
AND NOW, come the Defendants, Runkle-Parvin Asphalt protection
company and James W. Parvin, by their attorney, MURREL R. WALTERS,
III, ESQUIRE, and preliminarilY object to plaintiff's complaint as
follows:
DEMURRER
1. Defendant, Runkle-Parvin Asphalt Protection company, is a
Pennsylvania corporation with its principal place of business at
6364 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania
17055.
2. James W. Parvin is the president of Runkle-Parvin Asphalt
protection Company.
3. Plaintiff's complaint in paragraph 4 specifically
identifies James W. Parvin as "an authorized representative of
Runkle-parvin Asphalt Protection company...".
4. Plaintiff's complaint alleges no facts which would
constitute a cause of action against officers, directors or
shareholders of the defendant corporation, Runkle-Parvin Asphalt
protection company.
WHEREFORE, Defendants pray this Honorable Court to strike off
and dismiss Plaintiff's complaint as against James W. Parvin,
individually.
MOTION TO STRIKE
ON GROUND OF LACK OF CONFORMITY TO Pa.R.C.P. 1021
5. Plaintiff's complaint vaguely refers to "Plaintiff
satisfaction" and "satisfactory manner", but fails to specify
damages or relief to which the Plaintiff deems himself entitled.
WHEREFORE, Defendants pray this Honorable Court to strike off
and dismiss Plaintiff's complaint for failure to conform to
Pa.R.C.P. 1021.
MOTION TO STRIKE ON GROUND OF FAILURE
TO STATE A CAUSE OF ACTION UPON WHICH RELIEF CAN BE GRANTED
6. Plaintiff's complaint fails to set forth facts necessary
to establish a cause of action for breach of contract which would
establish a basis for relief to Plaintiff.
7. Plaintiff's complaint fails to set forth facts necessary
to establish a cause of action for unjust enrichment which would
establish a basis for relief to Plaintiff.
8. Plaintiff's complaint fails to set forth facts necessary
to establish a cause of action for conversion which would establish
a basis for relief to Plaintiff.
WHEREFORE, Defendants pray this Honorable Court to strike off
and dismiss plaintiff's complaint for failure to state a cause of
action upon which relief can be granted.
2
ROGER L. BOWER, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. : CIVIL ACTION - LAW
.
.
RUNKLE-PARVIN ASPHALT . NO. 95-1069
.
PROTECTION COMPANY and .
.
JAMES W. PARVIN, .
.
Defendants .
.
CBRTI~ICATE O~ SBRVICB
I hereby certify that a true copy of the foregoing Preliminary
Objections was served on the below named person(s) by first class
mail sent this date to:
Roger L. Bower
4904 Delbrook Road
Mechanicsburg, PA
'<<~
Date: ..tJl'l2u.. 7 /Ci't:; ('
MURREL R. WALTERS, III, ESQUIRE
54 East Main Street
Mechanicsburg, PA 17055
(717) 697-4650
Supreme Court I.D. No. 24849
Attorney for Defendants
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ROGER L. BOWER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
V
RUNKLE-PARVIN ASPHALT
PROTECTION COMPANY AND
JAMES W. PARVIN,
Defendants
NO. 95-1069 CIVIL TERM
IN RE I VACATE ARBITRATOR
ORDER OF COURT
AND NOW, SEPTEMBER 25, 1995, the appointment of Henry
F. Coyne, Esquire is hereby vacated and Fred H. Hait, Esquire, is
appointed in his stead.
By the Court,
J.$red Hait, Esquire
hairman
II,;
Court Administrator
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Harold E. Sheely,
:sld
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14. No street sh3l1 be laid out or opened which extends to or crosses any boundary between
the Township and any other municipality except with the specific approval of the
Township Commissionen and upon such condition as the Township Commissionen
may impose. U the street i$ proposed to serve a commercial area, an industrial area or a
residential area of fifty (50) dwelling units or more, located in another municipality, the
street shall not be approved unless the area i$ also served by a street in the other
municipality and unless the relevant traffic facilities of the Township are adequate to
handle the anticipated volume..
IS. All streets shall have a uniform width throughout their respective lengths except where
otherwi$e required by the Township Commissionen punuantto Subsection 2.B of 5504.
(Ord 8]-1,5/3/83,5503)
1504. Street Desi!:".
1. Street Classification
A. Three functional classifications are hereby established for the streets and roads in
Hampden Township:
(1) Arterial. This classification includes highways which are major traffic
comdon or provide for inter-municipal tnffic of substantial volumes
where the average trip lengths are usually five miles or greater. Generally,
these highways should accommodate operating speeds of 35 to 55 miles per
hour.. and have an estimated Average Daily Traffic (ADT) count of 5,000
vehicles or greaier after being fully developed.
(2) Collector. This classification is intended to include those highways which
connect local access highways to arterial highways. They may serve as
traffic comdon CODDecting residential areas with indUstrial, shopping and
other service. They may penetrate residential areas. Generally, these
highways will accommodate operating speeds of 35 miles per hour, and
bave an estimated Average Daily Traffic (ADT) count of 400 TO 5,000
vehicles after being fully developed.
(3) Local Access. This classification i$ intended to include streets and roads
that provide direct access to abutting land and cODDections to higher classes
of roadways. Traffic volumes will be low and travel distances generally
short. These streets and roads should be designed for operating speeds of
2S miles per hour, and have an estimated Average Daily Traffic (ADT)
count of less than 400 vehicles after being fully developed.
2. Street Widths
A. Minimum component widths for each type of public street sball be as follows:
Typl! nf Strl!l!t
Right-of.Way
~
c.~ Wid,h
Arterial
Collector
Local Access
80' . 120'
60'
SO'
46'
34'
30'
5-3
B. Where a proposed development abuts or contains an existing public street or road
having a right-of.way width less than would be required if said street or road were
created under this Chapter, sufficient additional width for right-of.way shall be
provided and dedicated to meet the forq;oing standards.
C. Additional right-of.way and canway widths may be required by the Township
Commissionen to promote public safety and convenience when special conditions
require it and to provide parking space in areas of intensive use.
3. Cul-de-sac Streets
A. Cul-de-sac streets, whether permanent or temporary, shall be provided at the
closed end with a turnaround baving a minimum radius' to the edge of the fini$hed
street cartWay or curb line of not less than fifty (SO) feet, and not less than sixty
(60) feet to the Right-of.Way line.
-._-~ .
B. Unless future extension i$ clearly impractical or undesirable, the turnaround
right-of.way shall be placed adjacent to a propeny line and a right-of.way of the
same width as the street sball be carried to the propeny line in such a way as to
permit future extension of the street into the adjoining tract. At such time as such
a street i$ extended, the overage created by the turnaround outside the boundaries
of the extended street shall reven in ownenhip to the propeny owners fronting
on the cul-de-sac turnaround.
C. Commercial and indUstrial cul-de-sacs shall be reviewed for adequacy by the
Township Engineer. His recommendations wi\1 be given to the Township
Commissionen who shall have final authority in thi$ malter.
D. Permanent cul-de-s~ streets shall be kept to a minimum and shall not be less than
twO hundred ftfty (250) feet in length and shall not exceed six hundred (600) feet
in length measured from the curb line of the intenecting street to the radius center
of the cul-de-sac.
E. A one-time fee for each cu1-de-sac may be set by resolution by the Township
Commissionen, in order to help defer increased costs of snow removal, payable
prior to dedication.
.
4. Street Alignment
A. Whenever street lines are deflected by more than five (5) dq;rees, connection shall
be made by horizontal cun'es.
B. The minimum radius at the centerline for horizontal curves on collector and
arterial streets shall be three hundred (300) feet and, for local streets, the minimum
radius shall be one hundred ftfty (150) feet.
C. On local access streets, the minimum tangent between reverse curves shall be at
least one hundred (100) feet; on collector and arterial streets, the minimum
tangent shall be at least twO hundred fifty (250) feet.
D. Sight distance at the intersection of streets shall be measured and comply with PA
Dot Publication No. 201.
S-I
5. Street Grades at Centerline
A. The minimum grade on all streets shall be one (1.0) percent.
B. The maximum grade on collector or arterial streets shall be seven (7) percent and
on local access streets ten (10) percent.
C. Venical curves shall be used in changes of grade exceeding one (I) percent and
shall provide proper sight distances as specified herein above.
6. Street Intenections
A. Local streets shall not intenect with collector or arterial streets on the same side at
intervals of less than eight hundred (800) feet as measured from centerline to
centerline.
B. The distance between 'centerlines of streets opening onto the opposite side of a
proposed or existing street .baII be not less than two hundred and fifty (250) feet.
Streets sball be placed directly opposite each other if at all possible.
C. Multiple intenections involving the junction of more than two streeu sball be
avoided. Where too proves impossible, such intenections sball be designed with
extreme care for both pedestrian and vehicular safety.
D. Streeu .baII be all laid out to intenect as nearly as possible at right angles. Local
streets sball not intenect collector or arterial streets at an angle of less than
seventy-five (75) degrees. The intenection of two local streets shall not be at an
angle oftess than sixty (60) degrees.
~E.~\Minimum curb and Right-of-Way line radii at the intenection of two local streets
-""..'~ - sball be at least twenty-five (25) feet and minimum curve radius at an intenection
of a local street and a collector street or arterial street sball be at least thiny-five
(35) feet. IndUstrial roads or roads being subject to truck traffic sball provides a
- minimum curb radius of fifty-five (55) feet.
F. . '~ There.sball,be provided and maintained at all intenections clear sight triangles of
sev~!1ty-five (75rfeet in all wreaioJisme:UuieClatoiigtlie cenierliiie frOiIithe point".
of intmeaioil;" Nothing which obstructs 'the 'vi5ioii'of ,Cm'otorisnlilll be.
permitted in'tOO'~ "h 0, h 0" - ,'h .. -, ,
G. Intenections sball be designed with a minimum grade wherever practical. U
topography requires grade changes, the following shall be used:
1. Where the approach grade of any street i$ a plus five ( 5) percent or
greater, a leveling area sball be provided for a minimum distance of seventy
- five (75) feet, measured from the edge of paved shoulder or curb line of
the intenected street, at a grade not greater than three (3) percent.
2. Vertical curves sball be used where the approach grade exceeds a minus
two (-2) percent. The venical curve shall be located to place the low point
of the sag vertical curve a minimum of twenty.five (25) feet from and at an
elevation lower than the edge of paved shoulder or curb line of the
intenected street.
5-S
1D-2, Wearing Coune 1-1/2 1-1/2'
Bituminous Concrete Base Coune 4" 6'
Crushed Awcpte 6" (if r"!t.) 6" (if req.) ,
1D-2 Wearing Coune 1" , l'
1D-2 Binder Coune 2-112'. 3'
Crushed Aggregate 6" 10"
Crushed Aggregate 6" (If req.) 9" (If req.)
1D-2 Wearing Coune l' l'
10-2 Binder Coune 2.1/2" 3'
Crushed Aggregate 6" (If req.) 9' (If req.)
"
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7. Pavement Design
A. All components of the pavement structure shall be designed and constructed in
accordance with Pennsylvania Department of Transponation Specifications,
Form 408. AIIID-2 Bituminous and Bituminous Concrete Base Coune (BCBC)
sball be supplied by a PA Dot approved plant, and shall meet the current master
job mix formula approved by PA Dot.
B. Minimum Requirements. The (oUowing shall be considered to be minimum
standards for street construction in Hampden Township. (For minimum
requirements on Heavy Duty Roads and Streets and Industrial Park Roads, see
Chapter 21,5201.)
Alternates
Local Access
Streets
Collector
AnerW Streets
Type
Ricid
P:lVf!mf!nt
Plain Cement Concrete
Subbase
6'
6'
6"
6"
FlP.'Tihlf!
P:a.vl!mp.nt!l:
Surface
Base
Subbase
Surface
Surface
Base
Subbase
Surface
Surface
Subbase
I
C. Special Requirements: When the Soil Survey of Cumberland and Perry Counties,
PA, April, 1986, Table 10 Pages 176-183, classifies the soil as severe due to:
1. Low Strength, then sub base is required.
2. Wetness or frost action, then geotextile fabric and underdrain are required.
D. Underdrain shall be required along any side of the roadway that is in a cut area.
~8.
Driveways and Alleys
A. Driviiwaysserving propeni.s located adjacent to an inteiSedi6n: shall be' offset, ';'/
:/frO'm: the; mterseCtion 'not less than forty (-.0) feet (rom the inieisection of the .
~. Rigbt';Of-w,:ar Im,e:l.. , '
B. Alleys are prohibited in residential developments.
5-6
9. Backfilling in proposed Right-of-Ways
A. Cartway and Shoulder (if applicable)
1. All openings or excavations shall be backfilled with a crushed aggregate (2RC).
The materials shall be placed and compacted in layen, each of which shall not
exceed six (6) inches in ~epth.
B. Non-Paved Areas
1. All openings or excavotions shall be backfilled with on.site backfill material.
On.site backfill material j, on-site excavoted soil or soil-rock mixed materials free
of topsoil, plant life, lumber, metal, refuse, and rock or similar hard objects larger
than six inches in any dimension.
C. Ninety five (95) percent compaction must be achieved in all backfilled areas.
D. In lieu of the above, on-site backfill material may be used in all proposed right-of-way
areas if a five (5) year maintenance bond j, posted.
1. The materials shall be placed and compacted in \ayen, each of which shall not
exceed six (6) inches in ckpth.
-Iprd 83-1, 5/J/8J, 5504, as amended by Ord 84-6,7/J/84)
1505, Curbs:and Sidcw21ks,
1. Curbs
A. Curbs sball be provided on all streets and parking compounds located within
multi-fami1y and apartment building developments. Curbs sball also be required
on new and existing streets in developments in which the average lot width of
interior lots at the Right-of.Way line j, one hundred fifty (ISO) feet or less or
where the average lot area j, less than twenty thousand (20,000) square feet. Curbs
shall be required on all sides of multiple-frontage lots. Curbs may also be required
in any development in which the lot areas or lot widths exceed the above
minimum when the centerline street grade of any street exceeds three (3) percent.
In such cases, curbs or other drainage controls sball be installed to properly
control surface dninage and protect the streets from erosion. The requirement of
the curbs may be waived at the discretion of the Township Commissionen.
B. All curbs shall be depressed at intenections and at all driveways. All depressions
shall be constructed of Portland Cement Concrete. Depressions at intenections
shall be of sufficient width to accommodate wheelcbain. Depressions shall be in
line with sidewalks where provided.
1. Depressions for wheelchair f2lIIpS sball be four (4) feet minimum width
at street level and shall be in line with the sidewalk.
2. Depressions for driveways shall be twelve (12) feet minimum width but
no less than th~ proposed driveway width at street level.
5-7
C. Curbs shall be the venical type constructed of 1'onland Cement Concrete with
twenty (20) foot expansion joint spacing and shall conform to l' ADot Form 408
Standards wherever practical, for all streets proposed for dedication to the
Township.
2. Siclcwa1ks
A. Sidewalks shall be provided within all streets and parking compounds located
within multi.family and apanment building developments. Sidewalks shall also be
required within all new and existing streets in developments in which average lot
width of interior lots at the required Right-of-Way line j, one hundred (100) feet
or less. The requirement of siclcwa1ks may be waived at the discretion of the
Township Commissionen.
B. Siclcwa1ks within each type of public street sball have a minimum width of four
(4) feet. The sidewalk sball be placed immediately adjaunt to the Right-of-Way
Line within the Township Right-of-Way, unless circumstances prevent it, and
shall follow 1'A Dot Specifications where applicable.
(prd 8].I,5/J/83)
SSO&. Stonnw2tn Dr::II;n2f~.
1. AppliC2biliQ' . The subdivider or developer and each penon, corporation or other entity
which makes any surface changes sball be requiretl. to:
A. Collect on-site surface runoff and dispose of it to the point of discharge into the
common natunl watercoune of the drainage area.
B. The design of drainage facilities crossing streams are to handle runoff from
upstream areas of a lOQ.year frequency assuming full development of those areas based upon the
Comprehensive Plan for Hampden Township or adjoining municipalities.
C. Design, construct and/or install such drainage structures and facilities as are
necessary to prevent erosion damage to the land development, adjacent property and
downstream property. S~cb structures and facilities sball satisfactorily convey such surface
waten to the nearest practiaJ street, storm drain, detention pond or natural watercoune.
2. Gpnpn1 Pmvi~innJ.
A. Unless otherwj,e expressly stated, all references to detention shall include retention.
B. Stormwater runoff from any land development, including during construction and
eartbmoving, sball not occur at a peak rate, measured in cubic feet per second. that j, greater
after development than occurred prior to development.
C. Control of runoff from a site shall occur using appropriate means of detention of
the water on the site and/or other approved types of stormwater management within the
requirement! of this Ordinance.
D. Runoff that j, detained shall be held and released at a pre-determined controlled
rate by appropriately installed devices. The release shall be in the same manner as the natural or
predevelopment means of discharge from a site, such as point discharge or sheet flow.
5-8
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RUNKLE-PARVIN
ASPHALT PROTECTION CO,
P,O, Box 336
6364 Brandy lane
Mechanlc.burS. PA 17055
(7\ 7) 766,040B
IPROIPOSAl
6964
PHONE
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JOB NUMUEll
JOlfPHONE
We hereby submll speclllcallons and estimates lor: ?hJ~ oN<<.. $C.~to~ .......L."'~ ...,.., a. ~c...
Asphalt pavinJ( to include: ,,'--':~~ -:-'1= ~ ""I::::oI::u'lc.....:....'1
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There is a one year ~uarantcc on all material and labor.
If you have any questions or concerns, please feel free to call.
\\e Propose hereby to turnish malerial and labor - complete In accordance wllh tho above specifications. for the sum 01:
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Payment to be mede .. l(Ulow,;
Upon completion of the work. After 30 days a
month and any collection costa will be addcd
.5% per
All maltrlal I' gUlflln'.." 10 be al Ipecllled. All work to be complelod In . pfol.UIOO,1
mllnnel .ecordlng 10 Ilandllld pl'tUce.. Any .lIor.Uon Of dovlatlon Irom .bove speedlu,
lions inyolYlng edt. coSIS ..III be e.,culed only upon ..rlllen o.dell, and "Ill become .n
..Irll ch.,oe DYe, and .bOv, "" ..tlm.I.. All 'gtllllmenl. conllngent upon Iltl.e., .ccidenl.
or dlll.y. beyond our conUol. O..n., 10 c'''y Ufft, IOlnado .nd olM' necen.ry InIUI.nc..
OUf wOlkers 1I.lully COV"ed by Wo,.er', CompflnSllhon Inlul,nce.
AulholllOO
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James
Nol.. Thll propoul mAy be
"IIMIIl..n IIV 11'1 II nol .cctlplod wIthin
W. Parvin
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Acceptance of Proposal _ Tho obovo prices, spocillcollons
and condilions are satisfactory and ara hereby accuptod, You ara aulhorlzed
10 do the work os specified, Payment will be modu as outlinod abovo,
Oalo 01 Acct'planco. ""' -:-~~ ~q,'t
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PlAINTlFF'S
EXHIBIT
HOME IMPROVEMENTS
ADDITIONS
DECKS
tlropo5'al
6M CONSTRUCTION CO.
34 SHEFFIELD CIRCLE
DILLS BURG, PA 17019
(717) 432;9582
pagos
Pago No,
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Projoct No,
Date
Archltecl
Engineer
We hereby submit for your consideration:
. ~r da-.'-~l~ j~~~- ~L
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All malerla.' andlor equipment 10 be as guaranleed andlor warfanlMd
by the origInal manufaClurer slated above. No further gUlra"le. andlor
WI"anlee IS ollered or Implied. The standard terma and condlllons 01
Ihe manulaclurer, listed above shall apply In all cases.
Authorized Signature ~
NOTE: This proposal may be withdrawn by us If not accepted within
Days
,...\rrrptnllct "r tJropoanl- The above price. and cDndiUons ar. I.Ualae.
tory and 8'. heteby accepted. You are aulhotlZed 10 order the material andl
or equipment at propol8d above. Payment will be made 8S outlined.
Signature
Dale
Terms _
ROGER L. BOWER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
RUNKLE-PARVIN ASPHALT
PROTECTION COMPANY,
DEFENDANT
95-1069 CIVIL TERM
VEflDICT
AND NOW, this 7th day of November, 1996, I find In favor of plaintiff and award
plaintiff damages against defendant In the amount of $700.
By the Coj}<.
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Murrel R. Walters, Esquire
For Defendant
Edgar . B yley, J.
1
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~,~.
Gregory H. Knight, Esquire
For Plaintiff
:saa