DAVID PFLUMM PAVING & EXCAVATING, INC. v. FOUNDATION SERVICES CO.


816 A.2d 1164 (2003)

DAVID PFLUMM PAVING & EXCAVATING, INC., Appellant v. FOUNDATION SERVICES COMPANY, F.T. Kitlinski & Associates, Inc., Basco Associates, P.C., Inc., and Buchart-Horn, Inc., Appellees.

Superior Court of Pennsylvania.

Filed February 3, 2003.


Attorney(s) appearing for the Case

James F. Heinly, Lancaster, for appellant.

John J. Sylvanus, York, for Basco Associates and Buchart-Horn, Inc., appellees.

C. Grainger Bowman, Harrisburg, for Foundation Services and F.T. Kitlinski & Associates, appellees.

Before: MUSMANNO, GRACI, and MONTEMURO, JJ.


GRACI, J.

¶ 1 Appellant, David Pflumm Paving & Excavating, Inc. ("Pflumm"), appeals from the Order entered on January 17, 2002, granting the motion for summary judgment filed by Appellees, Foundation Services Company ("Foundation Services"), F.T. Kitlinski & Associates, Inc. ("Kitlinski"), Basco Associates, P.C., Inc. ("Basco"), and Buchart-Horn, Inc. ("Buchart-Horn"). After careful review, we affirm.

I. FACTUAL AND PROCEDURAL HISTORY

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