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Home My WebLink About09-3032Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 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. 2009 - 303,R VIOLET E. HOCKENBERRY, 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:\F1LES\C1ients\9812 Hoffimn-Roth\9812.39.cordmah Created: 1110510109:49:53 AM Revised: 05/08/09 09:46:03 AM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 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. 2009 - VIOLET E. HOCKENBERRY, Defendant COMPLAINT AND NOW, comes the Plaintiff, Hoffman Roth Funeral Home & 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 of 219 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Violet E. Hockenberry, is an adult individual residing at 167 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff is in the business of providing 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 Kenneth G. Hockenberry, deceased and Kenneth L. Hockenberry, deceased. 5. Plaintiff has provided both goods and services to Defendant for a total value of $13,687.68. True and correct copies of the contracts are 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 Plaintiff's agents. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $13,687.68, 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 $13,687.68. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $13,687.68, plus interest and costs. MARTSO N LAW OFFICES By: `2'z `/' ? /Z- Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: 57-/,7_01 Attorneys for Plaintiff This is a debt collecting firm. Any information obtained will be used for that purpose. EXHIBIT "A" 2 y rill ,fill s W? W r a w s 40 H .., z Q ?, ? H H H H H H N H H H H H W a k X W ct 4 ?•`? y G Ug c9 V z P Z o m I 4 ? m H U H H n- N 0 a ' U? CL t? i N r. y a Ic i a$ g gcc a w 3WOH 1W!l3Nnd 1N311a- YB Y-4011 •d _d- N H N N N SRI i wwy W 2 LL IL Q O W w U. 2 O JIMI Edna VIOIHO N N N H H N N N H H N N N N H H H W I- w LIJ z LA Z ; LL O w z a^ w a o N E LL U. W ; L, w ?a- ? ? uj x N LL CID Li g w 0 ?9 ?• 011 g 8 N N N H N H H N il F ac 3 a tlR 2 d m m ww (Li IOU Lr its ltl z a V) 00 ° m ?m a Al z o c :3 a $ .O .. ^Yi' H N N N H H N H N N N H H N ??^{ n v ? ? ?? m z ¢ Q m F cc is. e - s a o 0 17 ?. .? W ?x &U W O M WL° Q ao ?' a' 9 ,. ?S $ , x m N? W w a < • E S f' w ' ^ 3 z u LL i p u? 8? V? - 1 A LL P111111111 5 Cd cc I W H H. ,,, H H N H N N H N N H fA 1N H N H m H N H tft 40 0 U =a w ?iP,+ z LO[ LL ?, J FZ$$ii Q W, O A??O W i ¢ w ?,?a N ; walk= ? N? Q W s+ L'M C V G Q m W a 3WOH1VH3Nnq.31, ' 1N3113-31VL, N 'Vdo'0'J': ° F ,fir H H H H H H H H H :g w to z g? W w ?p F W 16 i W i LL J O LL a : w o 33 c? x 0 in W2 E U. LL ui U< a LL v w ?- _ LL U. U. 6 1 WSJ z CO) 2 ? UW w W =LL S 2 ? LL > 2 0 ? aC? LL 1 ?~ 90 Y o ? 19 Z? o ? ¢ W U ? U w W D 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 unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Christopher H. Hoffm ice President Hoffman Roth Funeral Home & Crematory FAFILESTlients\9812 Hoffman-Roth\9812.39.com FILL D-,,. I"; ?E 2099 MAY 13 Ah 10: 30 PEI 'Off ;, z5 o N? Sheriffs Office of Cumberland County R Thomas Kline ba to °' `'vmbrr?,y? L~•`? .,Solicitor Sheriff' Ronny R Anderson = Jody S Smith Chief Deputy OFFICE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/22/2009 08:59 P - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 200 at 2059 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Violet E. Hockenberry, by making known unto Sean Speece, adult in charge at 429 North East Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $32 94 SO ANSWERS, May 26, 2009 R T S LI E, HERIFF puty Sheriff 2009-3032 Hoffman th Funeral Home V Violet ockenberry _ niz -' co Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs HOFFMAN ROTH FUNERAL HOME & CREMATORY, INC., Plaintiff V. VIOLET E. HOCKENBERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 - 3032 TO: VIOLET E. HOCKENBERRY, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the ?"'CI-4ay of July, 2009, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $13,687.68, plus interest and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiff's Complaint. Date: ?'/z/Q? P othonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Violet E. Hockenberry 167 East North Street Carlisle, PA 17013 F:\FILES\Clients\9812 Hoffman-Roth\9812.39.pra. default/mah Created: 1110510109 49:53 AM Revised: 07/01/09023811 PM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs HOFFMAN ROTH FUNERAL HOME & CREMATORY, INC., Plaintiff V. VIOLET E. HOCKENBERRY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 3032 PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $13,687.68, plus interest and costs of suit as prayed for in the Complaint, for failure to file an Answer to Plaintiff's Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on June 15, 2009, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By. CZ41-?, (. /L-, Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: '7/al6 7 F:\FILES\Clients\9812 Hoffman-Roth\9812.39.10dayltr/mah Created: 11/05/01 09:49:53 AM Revised: 06/15/09 12:33.52 PM 10883 8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 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. VIOLET E. HOCKENBERRY, Defendant NO. 2009 - 3032 IMPORTANT NOTICE TO: VIOLET E. HOCKENBERRY DATE OF NOTICE: June 15, 2009 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street . Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES (3,4 Y? S e-- By: Christopher E. Rice, Esquire This is a debt collecting firm. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs HOFFMAN ROTH FUNERAL HOME & CREMATORY, INC., Plaintiff v. VIOLET E. HOCKENBERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 - 3032 AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant above named is not in the military service of the United States of America, that he has knowledge that the said Defendant is now living at: 167 East North Street, Carlisle, PA 17013. Said Defendant's place of employment is unknown. Christopher E. Rice, Esquire Sworn to and subscribed before me this day of , 2009. - A.-) GA, -aLu No ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Prim, Notary Public Carlisle Boro, Cumberland County My Commis sort E)#res Aug. 18, 2011 Member, Pennsylvania Assoclatinn of Notaries Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs HOFFMAN ROTH FUNERAL HOME & CREMATORY, INC., Plaintiff V. VIOLET E. HOCKENBERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 3032 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND SS Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant was given to her by mail on June 15, 2009. Christopher E. Rice, Esquire Sworn to and subscribed before me this day of , 2009. // A4+4) A, N a Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. PrIm, Notary Pubk Carlisle Boro, Cumberland CountY My Commission Expires Aug. 18, 2011 Member, Pennsylvenis Assooletlon o{ NotKies CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of 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: Violet E. Hockenberry 167 East North Street Carlisle, PA 17013 MARTSON LAW OFFICES l By: crei Price TM Csi High Street Carlisle, PA 17013 (717) 243-3341 Dated: 7121Q This is a debt collecting firm. Any information obtained will be used for that purpose. OF T, 26 9 J?:++' _2 A'Mi €0: 2: Cut v IN.oc-) ?CL 41 GK-A ;LIZgb 1 Z- a A 7 ?/9 3 Ij "L ,-- C"A