The URL can be used to link to this page

Home My WebLink About08-64319/ Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs HOFFMAN ROTH FUNERAL HOME IN THE COURT OF COMMON PLEAS OF & CREMATORY, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2008 - (oq,51 Civa Tdr•. REDDINGTON FUNERAL HOME, Defendant 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F OLFMClians\9812 H0fft=_Roth\9812.30.coidmah Created: 11105101 09:49:53 AM RevW d 10130/08 10:29:46 AM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs HOFFMAN ROTH FUNERAL, HOME IN THE COURT OF COMMON PLEAS OF & CREMATORY, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2008 - 031 GT ?; t REDDINGTON FUNERAL HOME, Defendant COMPLAINT AND NOW, comes the Plaintiff, Hoffinan Roth Funeral Home and Crematory, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, Hoffman Roth Funeral Home & Crematory, Inc., is a Pennsylvania corporation with a registered address at 219 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Reddington Funeral Home, is a New York business with an address of 657 Abbott Road, Buffalo, New York 14220. 3. Plaintiff is in the business ofproviding goods and services for the preparation, burial or cremation of deceased individuals. 4. Plaintiff has provided both goods and services to Defendant in relation to Margaret Kois, deceased. 5. Plaintiff has provided both goods and services to Defendant for a total value of $1,010.00. A true and correct copy of the invoice is attached hereto as Exhibit "A." 6. Defendant has failed to pay for such goods and services and therefore is liable to Plaintiff for the amounts owed plus interest and costs. 7. Despite repeated demands, no payments have been made by the Defendant for amounts due nor has Defendant disputed this debt. COUNT I - BREACH OF CONTRACT 8. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 7 as if fully set forth. 9. Defendant has breached an expressed or implied agreement, directly or through agents, to pay for the goods and services provided to Defendant from Plaintiff and/or Plaintiffs agents. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $1,010.00, plus interest and costs. COUNT II - QUANTUM MERUIT 10. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 9 as if fully set forth. 11. Defendant is liable to the Plaintiff and/or has been unjustly enriched in the amount of $1,010.00. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $1,010.00, plus interest and costs. MARTSON LAW OFFICES B ( ?---- Y Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: /a13 010'v Attorneys for Plaintiff This a debt collecting firm. Any information obtained will be used for that purpose. EXHIBIT °°A" Hoffman-Roth Funeral Home & Crematory, Inc. 219 North Hanover Street Carlisle, PA 17013 (717)2434511 August 27, 2008 Reddington Funeral Home 657 Abbott Road Buffalo, NY 14220 The Funeral Service for Margaret Kois 15342-RE We sincerely appreciate the confidence you have placed in us and will continue to assist you in every way we can. Please feel free to contact us if you have any questions in regard to this statement. THE FOLLOWING IS AN ITEMIZED STATEMENT OF THE SERVICES, FACILITIES, AUTOMOTIVE EQUIPMENT, AND MERCHANDISE THAT YOU SELECTED WHEN MAKING THE FUNERAL ARRANGEMENTS. OUR SERVICE Forwarding of Remains . FUNERAL HOME SERVICE CHARGES . . . . . . • • $950.00 . $950.00 THE COST OF OUR SERVICES, EQUIPMENT, AND MERCHANDISE THAT YOU HAVE SELECTED . $950.00 Cash Advances Certified Copies of Death Certificate . . . . . . . . $60.00 TOTAL CASH ADVANCES AND SPECIAL CHARGES . • $60.00 Total Total Cost . . . . . . . . . . . . . . . . . . . $1010.00 TOTAL AMOUNT DUE . . . . . . . . . . . . . . . . . $1010.00 This statement is net and payable in full within 30 days of receipt. Please return this portion with your Remittance - - - - - - - - $ ----.Amount Enclosed Service ID # 15342-RE Margaret Kois VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. stop er offman, President Hoffman Roth Funeral Home & d4 ory 00 00 c= N 2 ' ' s v r ? k r-n F:1FRESTlientsl9812 Hoff m-Roth\9812.30.pra.reWmah Created: 1110510109:49:53 AM Revised: 02/10/09 03:05:03 PM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs HOFFMAN ROTH FUNERAL HOME & CREMATORY, INC., Plaintiff V. REDDINGTON FUNERAL HOME, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6431 PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES Date: Z. - ( (- d By --- Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This a debt collecting firm. Any information obtained will be used for that purpose. -ks t7 = -` O I 171 F:\FILES\Clients\9812 Hoffman-Roth\9812.30.pra/mah Created: 1110510109:49:53 AM Revised: 03/11/09 02:38:53 PM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs HOFFMAN ROTH FUNERAL HOME & CREMATORY, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. REDDINGTON FUNERAL HOME, Defendant To the Prothonotary: : NO. 2008 - 6431 PRAECIPE Please mark the above-captioned matter settled and discontinued. MARTSON LAW OFFICES Date: 3113/ D / By (U4 C r Z' --_ Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This a debt collecting firm. Any information obtained will be used for that purpose. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Tom Reddington Reddington Funeral Home 657 Abbott Road Buffalo, NY 14202 MARTSON LAW OFFICES By " M . Price Ten E t High Street Carlisle, PA 17013 (717) 243-3341 Dated: 31n / 4 CD