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Driveway paving company accused of taking people's money and not doing the work they promised

Monrovia couple says they're out more than $7,500
Posted at 10:25 PM, May 08, 2018
and last updated 2018-05-08 23:55:18-04

MONROVIA, Ind.-- A driveway paving company is accused of taking people’s money and not doing the work promised, and now they’re facing criminal charges.

A Monrovia couple, Megan and Mike Swiergiel, said they are out thousands of dollars after hiring a driveway paver they found on Craigslist.

They contacted Call 6 Investigates Kara Kenney for help in getting their money back, and now the family is getting action in a way they never anticipated.

Megan and Mike Swiergiel found Awesome Asphalt on Craigslist and asked the contractor if they could pave their very hilly Monrovia driveway.

“We'd had approximately ten companies come out and nobody will do our driveway at all,” said Megan Swiergiel. “We were just excited to find somebody that said ‘oh no problem, we can take care of this.’"

The Swiergiels said they signed a contract on September 29 with the contractors, Sunny and Natalie Davis, who asked for half the money up front.

After paying $7,500, workers dug out their driveway, leaving a huge pile of material.

But the Swiergiels said the contractor never came back to finish the job and allegedly gave excuses.

“They said the weather is not good, they had a death in the family,” said Megan Swiergiel.

Fast forward to spring 2018, Megan and Mike say driving up their own driveway is like going off-roading.

“It’s nice and bumpy,” said Mike Swiergiel. “We’ve had to have our driveway redone twice because it washes down the hill. I had to have three triaxles of gravel brought in and had to have it all spread out and laid.”

The Swiergiels say their driveway is in terrible condition because the contractor dug out their driveway in the fall, but never returned to finish the job.

“We are a working family with three small children and they took away from our family,” said Mike Swiergiel.

Records show a business owner in Speedway filed a lawsuit alleging the driveway contractor took his money and failed to do the work, damaging his property in the process.

The Speedway business owner received an $8,000 judgment in a Marion County small claims court against the contractor on April 14.

Even though customers said they couldn’t get the contractor to come back and finish the job, Call 6 Investigates found Awesome Asphalt was still doing business as of this spring.

Using a burner phone, we asked for a quote and they told us they would come to our house.

But it never got that far.

On April 2, Morgan County prosecutors filed criminal charges against Natalie Davis and Santino Gilk, who allegedly operated under the name Sunny Davis.

They’re charged with theft, home improvement fraud, and corrupt business influence.

The charges come after the Swiergiels filed a police report, and to their surprise, Indiana State Police investigated.

“Someone finally listened,” said Mike Swiergiel. “Somebody finally did something about it.”

Natalie Davis appeared in court on April 27 to enter a not guilty plea.

There’s a warrant out for Santino Gilk’s arrest, but he has not yet been arrested, records show.

Call 6 Investigates asked Natalie Davis to tell her side of the story.

“I’m not going to talk, I’m innocent until proven guilty,” said Davis as she was leaving court. “You can contact my attorney for further information.”

Call 6 Investigates asked for the name of her attorney.

“It’s none of your business,” said Davis on April 27.

As of May 8, no attorney is listed for Davis in court records.

As for the Swiergiels, they had to pay $900 for gravel to make their driveway barely useable.

“We’ve had to have both of our cars repaired in the past two months,” said Mike Swiergiel.

The couple wants their $7,500 back, as well as the $900 they paid for gravel.

“Plus they should do time in jail for what they've done to us and other families," said Mike Swiergiel.

Natalie Davis is due in court on June 11 in Morgan County.

TIPS FOR HIRING A CONTRACTOR:

  • Get estimates in writing
  • Check for criminal charges or civil suits here
  • Check for a contractor’s license
  • Ask for references and call them
  • Ask to see examples of their work
  • Ask about insurance: personal liability, worker’s comp, and property damage coverage
  • Pay wisely, not all up front

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