HomeMy WebLinkAbout09-3092Christopher 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 -
DAVID E. KUNKLE,
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:\FILES\Chents\9812 Hoffman-Roth\9812.31com/mah
Created: 11/05/0109:49:53 AM
Revised: 05/08/09 09:49:22 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- 3 d q ?-- c- N• I
DAVID E. KUNKLE,
Defendant
COMPLAINT
AND NOW, comes the Plaintiff, Hoffinan Roth Funeral Home & Crematory, Inc., by and
through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and
hereby avers as follows:
1. Plaintiff, Hoffinan Roth Funeral Home & Crematory, Inc., is a Pennsylvania
corporation with a registered address of 219 North Hanover Street, Carlisle, Cumberland County,
Pennsylvania.
2. Defendant, David E. Kunkle, is an adult individual residing at 7 Pine Road, Apt. 303,
Mt. Holly Springs, Cumberland County, Pennsylvania 17065.
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 Sally J.
Kunkle, deceased.
5. Plaintiff has provided both goods and services to Defendant for a total value of
$4,843.94. A true and correct copy of the invoice and contract 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
$4,843.94, 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 $4,843.94.
WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of
$4,843.94, plus interest and costs.
MARTSON LAW OFFICES
BY.
Christopher E. Rice, Esquire
ID Number 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: '5- /.3 - 07 Attorneys for Plaintiff
This is a debt collecting firm. Any information obtained will be used for that purpose.
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Hoffman-Roth Funeral Home & Crematory, Inc.
219 North Hanover Street
Carlisle, PA 17013
(717)243-4511
September 3, 2008
David E. Kunkle
7 Pine Rd., Apt 303
Mount Holly Springs, PA 17065
The Funeral Service for Sally J. Kunkle
15218-14
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.
(A) OUR SERVICE:
CREMATION PACKAGE #1A , , , , , , , , , , , , , , , , , , , $3740.00
FUNERAL HOME SERVICE CHARGES . . . . . . . . . . . . $3740.00
SELECTED MERCHANDISE:
Wellington Casket (Insert) RENTAL . . . . . . . . . . . . . . . . . . $995.00
THE COST OF OUR SERVICES, EQUIPMENT, AND MERCHANDISE
THAT YOU HAVE SELECTED . . . . . . . . . . . . . . . $4735.00
Cash Advances
Newpaper Notice - Sentinel , , , , , , , , , , , , , , , , , , , , , $59.94
Certified Copies , , , , , , , , , , , , , , , , , $24.00
Coroners Fee . . . . . . . . . . . . . . . . . . . . . . . . . $25.00
TOTAL CASH ADVANCES AND SPECIAL CHARGES . . . . . . . . $108.94
Total
Total Cost , , , , , , . , , ,
TOTAL AMOUNT DUE .
This statement is net and payable in full within 30 days of receipt.
$4843.94
$4843.94
------------------------------------------------------------------
Please return this portion with your Remittance
$ Amount Enclosed Service ID # 15218-14
Sally J. Kunkle
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. Hoffinan, Vice President
Hoffinan Roth Funeral Home & Crematory
FAFILES\Cfimcs\9812 HotHm-Roth\9812.31com
6
JET Q ACE
2H9 MAY 14 P 3: 26
Sheriffs Office of Cumberland County
R?Tho Thomas Kline ?atititp of C11"16rr? ?d Edward L Schorpp
Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFFICE QF'T +E $"EaIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/18/2009 08:19 P - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May
18, 200 at 2019 hours, he served a true copy of the within Complaint and Notice, upon the within named
defend nt, to wit: David E. Kunkle, by making known unto himself personally, defendant at 7 Pine Road,
Apt. 30 Mount Holly Springs, Cumberland County Pennsylvania 17065 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $32194
May 19, 2009
HoffmanlRoth Funeral Home
David E.
Kunkle
By
SO ANSWERS,
R THOMAS KLINE, SHERIFF
_
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ri
y
M,
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Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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QFFiGE ~~F FkE $~$RIFF
OF TtRc~~ TARN
14 AUG 3 I AM 8~ 5 I
~p~!f~tSYLVAI~A~
Hoffman-Roth Funeral Home & Crematory, Inc.
vs.
David E. Kunkle
Case Number
2009-3092
SHERIFF'S RETURN OF SERVICE
01/20/2010 09:57 AM -Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on January
20, 2010 at 0938 hours, he served a true copy of the within writ of execution, upon the defendant, to wit:
David E. Kunkle, by making known unto David E. Kunkle, at 7 Pine Road, Apt. 303, Mt. Holly Springs,
Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the
said true and correct copy of the same. Upon serving the writ of execution, a levy was completed.
Postcard and copy of levy mailed to attorney and letter mailed to defendant on 01/26/2010.
08/30/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $70.19
August 30, 2010
SO ANSWERS,
~~~'.
RON R ANDERSON, SHERIFF
B
haron R. Lantz
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
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