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Home My WebLink About09-3447Christopher 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. 2009 - 3kIZ/7 CIVIL TERM ALVIN LEE COULBOURN, 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:\FILESUients\9812 Hoffman-Roth\9812.35.=Wmah Created: 11105101 09:49:53 AM Revised: 05/18/09 02:17:54 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 IN THE COURT OF COMMON PLEAS OF & CREMATORY, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2009 - -4Y'V I CIVIL TERM ALVIN LEE COULBOURN, 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, 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, Alvin Lee Coulbourn, is an adult individual residing at 37 George Drive, Middletown, Dauphin County, Pennsylvania 17057. 3. Plaintiff is in the business of providing goods and services for the preparation, burial and cremation of deceased individuals. 4. Plaintiff has provided both goods and services to Defendant in relation to Betty Lou Coulbourn, deceased. 5. Plaintiff has provided both goods and services to Defendant for a total value of $4,913.00. True and correct copies of Plaintiff's contract and invoice 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, attorney's fees 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 $4,913.00, plus interest at 18% per annum from the date of the invoice, attorneys fees, 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 $4,913.00. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $4,913.00, plus interest at 18% per annum from the date of the invoice, attorneys fees, and costs. MARTSON LAW OFFICES By: (?'4 S Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: 140 9 Attorneys for Plaintiff This is a debt collecting firm. Any information obtained will be used for that purpose. EXHIBIT "A" D v 0 n m cmi o ? A A m C D D ? 2 N c b cf) n CD d m m r, O c m x c 37 D r O z D z m x D m ^I c y 0 m m D T m i 8 m c r 3. %Or, A r 0 r s o ; 0 --1 ° O H Q 3 $ p?<? m 7 N G wm f 3 : ?0 a-M a I w- D z m . m c O _< T m m, Om 0? (n cn D b O T ' O m ti s g s m Asa ORIGIN DU PL1 TRIP m O UP ?mm ,nom ` n D -M (D O v < m r D ' T D ?U) z n O s 3 v> ? s s m m 0 O z o er+' F. F. D. OF A. CLIENT N a ^ --FUNERAL HOME .+ i C M W g g m g c °o•?a(a m P S 0 F'S b31111A et • ? < m n 0 )10 A $R Cm ?. .64 ?Qao r m ? m K41% t? Z p T ..oi?as'[- x .70!0 r O § ? m > ? i r O 0 y C Q30 n 5 fa O ratio D G ? . . . . . : : : : : . : . . . . . . . . . . . . ? ' r • . 3?QOa' : ° ig f ... g ; a 0 H H N! H H H H d! x., H ` V «A g f.,, m O z 21 921-H a c 1'* 1 Xw M =r m0. ?c c < m 9 M, n m Z Q.c 1c IZO &11 0- mm m r3 (D m g W E,'7p?p iii a SSS??? 8 x +'s W M m g?. cr ?? .. 1 Q= m o sW m ? 891R 4 1 i D (A z w 214 O . . . . . . . . . H H H H H H H (A (4.40 H H H H G - m "\ ? a rti $ 'i G r y 8 s z o -? (D .9r 1 m (7 QQ m 1 3 N m ?° n 1 rti a w O 3- 0> x m > $ ° V7 n y m m r ° n CO < H H « fi? H H 11 ..1 ss . r SQ -? N N N 3'?m d m + ?? W I3` _ .? 3 cl) COL a ,Nov C4 08 03:37p Hoffman Roth 7172433723 Hoffman-Roth Funeral Home & Crematory, Inc. 219 North Hanover Street Carlisle, PA 17013 (717)243-4511 November 4, 2008 Alvin Lee Coulbourn 37 George Drive Middletown, PA 17057 The Funeral Service for Betty Lou Coulbourn 15338-123 p.2 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: Traditional Funeral Service Package , , , , , , , , , . $4150.00 Professional Discount on Funeral . . . . . . . $-1000.00 FUNERAL HOME SERVICE CHARGES . . . . . . . . . . . . $3150.00 SELECTED MERCHANDISE: Cave Proof,Concrete Box Int Recepe . _ , , , , . , . . $975.00 THE COST OF OUR SERVICES, EQUIPMENT, AND MERCHANDISE, . THAT YOU HAVE SELECTED . , , , , , . $4125.00 Cash Advances Opening Graves , , , , . . , . , . . . . . • . . Newspaper Obituary Notice- Sentinel $550.00 , . • . , . , , , , , . . • Newspaper Obituary Notice - Patriot News $139.88 , , , , . . . . . , , Certified Copies of Death Certificates $38.12 , , , , , , , , , , , , , , , , , , $60.00 TOTAL CASH ADVANCES AND SPECIAL CHARGES . . . . . . . . 5788.00 Total Total Cost . . . . . . . . . . . . . . . . . . . . . . . . . . $4913.00 TOTAL AMOUNT DUE . . . . . . . . . . . . . . . . . . $4913.00 This statement is net and payable in full within 30 days of receipt. ------------------ Please return this portion with your Remittance $ ,Amount Enclosed Service ID # 15338-123 Betty Lou Coulbourn 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. topher H. dffm , Vice President Hoffman Roth Funeral Home & Crematory t4-? Pd 41b so 0+Wj 0((,q A le) V 00 a'a'OUS Sheriffs Office of Cumberland County R Thomas Kline ?ti?"jr et 4rultib"t" Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE c ",,E srERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/27/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Alvin Lee Coulbourn, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 06/01/2009 Dauphin County Return: And now June 1, 2009 at 0928 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Alvin Lee Coulbourn by making known unto himself personally, defendant at 37 George Drive Middletown, PA 17057 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 June 04, 2009 SO ANSWER R THOMAS KLINE, SHERIFF 2009-3447 Hoffman Roth Funeral, et al v Alvin Lee Coulbourn C= I;I l C rT C 6M ?v N Mary Jane Snyder Charles E. Sheaffer Real Estate Depu Chief Deputy William T. Tully ' Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania HOFFMAN-ROTH FUNERAL ET AL VS County of Dauphin ALVIN LEE COULBOURN Sheriffs Return No. 2009-T-1454 OTHER COUNTY NO. 20093447 And now: JUNE 1, 2009 at 9:28:00 AM served the within COMPLAINT upon ALVIN LEE COULBOURN by personally handing to ALVIN LEE COULBOURN 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 37 GEORGE DRIVE MIDDLETOWN PA 17057 Sworn and subscribed to before me this 2ND day of June, 2009 A7??? NOTARIAL SEAL RY JANE SNYDER, Notary Publ= Highspire, Dauphin County LMY Commission Ex ires Sept 1 2010 0 So Answers, Sheriff o:%:?? County, Pa. B A Y Deputy Sheriff Deputy: S SCHAEFFER Sheriffs Costs: $47.25 5/2912009 ~. 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. ALVIN LEE COULBOURN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 3447 CIVIL TERM TO: ALVIN LEE COULBOURN, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the y~ day of July, 2009, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $4,913.00, plus interest and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiff's Complaint. Date: 7 ~~09 Pr onotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Alvin Lee Coulbourn 38 George Drive Middletown, PA 17057 F:\FILES\Clients\9812 Hoffinan-Roth\9812.35.pra.default/mah Created: 11/OS/Ol 09:49:53 AM Revised: 07/06/09 12:18:45 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. ALVIN LEE COULBOURN, Defendant TO THE PROTHONOTARY: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 3447 CIVIL TERM PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $4,913.00, 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 25, 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: Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: 7_ ~ - D 9 F:\FILES\Clirnts\9812 HotTinan-Roth\9812.35.lOdaynotice/mah Created: 1 I/05/Ol 09:49:53 AM Revised: 06/25/09 02:32:35 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. ALVIN LEE COULBOURN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 3447 CIVIL TERM IMPORTANT NOTICE TO: ALVIN LEE COULBOURN DATE OF NOTICE: June 25, 2009 38 George Drive, Middletown, PA 17057 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 MAYBE 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 HIIZING 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 By: ~ S - / ~ 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. ALVIN LEE COULBOURN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 3447 CIVIL TERM 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: 38 George Drive, Middletown, PA 17057. Said Defendant's place of employment is unknown. ~~~ ~. 2~ Sworn to and subscribed efore me this ~ day of , 2009. N ublic Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA Notaries Sees Mary M. Pdoe, Notary PubNc CarNese Bono, Garnbetland 12011 My Comrt~eefon E~piree AW~ Member, Psnr+sylwnie ^sepplat~on of Notaries Christopher E. Rice, Esquire LD. 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. ALVIN LEE COULBOURN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 3447 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND 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 25, 2009. Christopher E. Rice, Esquire Sworn to and subscribed before me this ~ day of , 2009. N t Public CpMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public GrNale Born, ~ ~18~ZOy11 MY ~ E Pag. Member, POnnaylvaMa Aa~oebtion of Notaries 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: Alvin Lee Coulbourn 3 8 George Drive Middletown, PA 17057 MARTSON LAW OFFICES By: ` M .Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~~/~ ~ This is a debt collecting firm. Any information obtained will be used for that purpose. . , 20Q~ JU:. _ t ~~~ l ! ~ 4 !~ ~.~._ _,. C~P~"r= ~.~;v iY ~.. ''r}. ~ ~~~, ~~ ~~! ~~7 ck~ ~~~-~t~r ~~ ~~~ICC ~...a~ ~c~