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Home My WebLink About09-6058MYERS-HARNER FUNERAL HOME, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. ??_ CoaTerk v. JEFFREY COX, Defendant NOTICE CIVIL ACTION - LAW 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 Plaintiff. 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 REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m6s adelante en las siguientes peiginas, debe tomar acci6n dentro de los prbximos veinte (20) dias despu6s de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mfis aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Richard W. Stewart I.D. No. 18039 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 rws@jdsw.com MYERS-HARNER INC., V. JEFFREY COX, Attorneys for Plaintiff FUNERAL HOME, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Defendant COMPLAINT NO. Of. G 0 5g 6h:[ 74'z4- CIVIL ACTION - LAW JURY TRIAL DEMANDED 1. The Plaintiff, MYERS-HARNER FUNERAL HOME, INC., is a Pennsylvania corporation with a principal place of business at 1903 Market Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, JEFFREY COX, is an adult individual residing at 853 Kiehl Drive, Lemoyne, Cumberland County, Pennsylvania. 3. On or about February 23, 2008, the Plaintiff and the Defendant entered into a written Agreement in which the Plaintiff agreed to perform professional funeral services and sell merchandise to the Defendant. A true and correct copy of the Agreement is set forth in Exhibit "A" attached hereto and made a part hereof by reference. 4. The Plaintiff furnished the services and merchandise set forth in Exhibit "A" to the Defendant. 5. Under the terms of the Agreement set forth in Exhibit "A," the Plaintiff is entitled to be reimbursed by the Defendant for all reasonable costs paid by the Plaintiff to collect the amounts due and owing under the Agreement. 6. There is justly due and owing to the Plaintiff by the Defendant the total sum of Nine Thousand Six Hundred Dollars and sixty-three cents ($9,600.63) calculated as follows: Services furnished and merchandise selected under the Agreement $7,533.00 Less credit for veteran's benefits - 100.00 Subtotal $7,433.00 Interest at 12% per annum from April 23, 2008 to June 9, 2009 $817.63 Attorney's collection fee $1,350.00 TOTAL 7. The Plaintiff has demanded that the Defendant pay the total amount due but the Defendant has neglected and refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of Nine Thousand Six Hundred Dollars and sixty-three cents ($9,600.63) together with interest thereon from June 9, 2009 at the rate of 12% per annum and the costs of this suit. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By Ric and W. Stewart Attorney I.D. No. 18039 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 375789 flug.27 0.9 02:06p Myers-Harner Funeral Home 717-737-4618 p.2 Myers-Harner Funeral Home, ?r. 1903 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 Robert H. Harner, Supervisor Phone: (717) 737-9961 Dustin R. Baker, Funeral Director STATEMENT OF FUNERAL GOODS AND SERVICES SELECTED Chages are only for those items that you sdeacd or drat are required. If wee are required by law or by a cemetery o: crematory to use any items, we will explain in writing briow. If you selected a funeral tha: may require embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve if you seeded arrangements such as a direct cremation or immediate buriaL If we charged for embalming, we will explain why below. For the Service of ?'N?ice charge to: A. CHARGE FOR SERVICES SELECTED: 1. PROFESSIONAL SERVICES Services of Funeral Director/Sm& ........ $r ?C Ersbaltning ................. ........ £ r :i( Other preparation of hMy Dressing S Cosmetology .. , .. k ....... S . Cas et Placement ........... .......S vt c:. S SUB-TOTAL OF PROFESSIONAL SERVICES .....A] S 2. FACILITIES AND'SERVICES Use of facilities and services for viewing (VisitationlWake) .... ... ... S %r Use of facilities and services for funeral ceremony ........... .......5 U'se of facilities and services fur Memorial Service ........... ....... S ?s•? ' Use of equipment and services for graveside service ............ ....... S Other use of fuilirics OlTice Area ................ ....... .'reparation Ruom . . ........ ....... S -?-- / Date of Death- Address City State Cremation urn ......................E (Description) Urn Vault ..........................3 (Description) SUB-TOTAL OF FACILITIES/EQUIPMENT .... A2 S 3. AUTOMOTIVE EQUIPI.•IENT Vehicle to transfer remains to Funeral Home ..oval ............................ S /r { Hearse (Casket Coach) !vocal ..... S /j L e . Flower car or floral disposition ' Local ............................ Lear,' cadclergy car local ............................ SZ? vc•- S S S 5 SUBTOTAL OF AUTOMOTIVE/EQUIPMENT .. A3 3 TOTAL OF PROFESSIONAL SERVICES, FACILITIES AND AUTOMOTIVE EQUIPMENT ................................ A S7J Q?GV B. CHARGE Fg.FrMERCHA.NDISF SELEC[ E Ciskei ".5/%,,L?G'"GG (Description) CJrner tteceptaae ......................5 (Description) Outer burial container ................ (Descripton; 2z1;,7i/.r 7vi tit Acknowledgement cards ............... S/ ?•r/?. Register book(s) ..................... S M(errusry folders ..................... $ / Prayer cards ......................:..S Tesnfxxary grave marker ...............5 Burial clothing ...................... S Ocher clothing S OTHER S TOTAL MERCHANDISE SELECTED ........... c-- C. SPECIAL CHARGES: Forwarding of remains to s (Funeral Horne) Receiving of remains fmm S (Funeral Home) Immediate Burial ................. ...5 Direct Cremation ................. ... $ S SUB-TOTAL OF SPECIAL CHARGES ............ C 3 D. CASH ADVANCED: Opening Grave .................... Newspaper Notice-Load ............ ..S ..I ? Newspaper Norice-Out-of•town ...... . .. S Airfare ........................... ..5 ClcrgylMau Offering ............... .. $ Certified Copies of a Death Certificare ' ? ' ' G ?L @ $G • /J ? +t each ... 1, .. IA Flowers .......................... ..5 Vault Service Charge ................ ..$ Organist ......................... ..$ Soloist ........................... .. $ Altar Services ...................... .. $ Coroner Fee ...................... ..S Miltu ........................... ..5 S SUBTOTAL OF ADVANCES 7G We chargr you for our services in obtaining: (sperif rarb adoa h ked 7 y arer t at air mar -rrp) SUMMARY OF CHARGES A. Professional Services, Facilities and Equipment, and Automotive Equipment ........................... S V f?GG' B. Merchandise .......................... C. Special Charges ........................ S -, y? - D. Cash Advances ......................... $ TOTAL OF ALL SECTIONS ....................... i PAID AT TIME OF OR PRIOR TO ARRANGEMENTS ........................... BALANCE DUE .................................. {: REASON FOIj SMBALMANG sa ` v. i r a/ tii l.c '.^ If any law, ccmezery, or crematory requirements have required the purchase of any of the items listed above the law or requirement is explained below, i gree chat I have namincel the items of goods and services selected above and found them to be correct and according to the arrangements I have requested. 1 acknowledge receipt or a copy of this Statement of Funeral Goods d cep S?el ted. 1 represent that 1 have sufficient funds available for payment of die cash price for the goods and ..'e'ices selected. I alb ?gm to make payment of S L in Y?• days. I agree to be jointl y and severally liable with one else who signs below. A laic charge of S^' /? per month amounting to S ..? per year will be applied to the unpaid balance beginning •days from the date of this agreement. I will also pay to the Funeral Director all reasonable costs paid by the Funeral Director to collect amounts I owe under this agreement. Thosc costs may iaclude attorneys fees, court costs an then costs. A additional services or merchandise ordered or requested after the date ofthis agreement will be considered parr of this agrrcment and the cost thcretir '11 6 fret the final bill or statement. (Seal) (Put aser / iScal) (? (Purchaser) ..... , ... , .. . MVUT IZ a m- n„ VERIFICATION I, ROBERT H. HARNER, President of Myers-Harper Funeral Home, Inc., the Plaintiff named in the foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiffs behalf and have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification authorities. BERT H. HAR 0 OF 4WaTARY 219 SEP - 4 PM f : S y C WB&LA? tJNTY JrVP?'Sk'L1tflA 4'79.5o PICS ATN Cr,431 1'To Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Myers-Harner Funeral Home, Inc. vs. Jeffrey Cox OFFJOE OF' HE K"SRIFF Case Number 2009-6058 SHERIFF'S RETURN OF SERVICE 09/17/2009 06:36 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on September 17, 2009 at 1836 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jeffrey Cox, by making known unto himself personally, at 853 Kiehl Drive Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $42.84 September 18, 2009 2009 SEP 18 PM 2- ?.. ,. ?+JtiITY SO ANSWERS, 1)Qg?? R THOMAS KLINE, SHERIFF Duty Sheriff -.Tohuson, Duffle, Stewart & Weidner By: Richard W. Stewart I.D. No. 18039 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MYERS-HARNER FUNERAL HOME, INC., Plaintiff v. JEFFREY COX, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6058 CIVIL ACTION -LAW PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter judgment by default in favor of the Plaintiff, and against the Defendant, Jeffrey Cox, in the amount of $9,600.63 with interest at the rate of 12% per annum from June 9, 2009, and costs, by reason of the failure of the Defendant to enter an appearance or to file an Answer within 20 days of the date of service of the Complaint endorsed with a notice to defend. It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendant, Jeffrey Cox, at his last known address on October 13, 2009; said notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the aforesaid notice, together with receipts for mailing, are attached hereto and made a part hereof. Respectfully submitted, Dated: ~G ~' ~~ ~ Ga `~f JOHNSON, DUFFLE, STEWART & WEIDNER BY~ ~%%~~' ~%G Richard W. Stewart :381946 Johnson, Duffie, Stewart & Weidner By: Richard W. Stewart I.D. No. 18039 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 rws@jdsw.com MYERS-HARNER FUNERAL HOME, INC., Plaintiff v. JEFFREY COX, Defendant TO: Jeffrey Cox, 853 Kiehl Drive, Lemoyne, PA 17043 DATE: October 13, 2009 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IMPORTANT NOTICE NO. 09-6058 CIVIL ACTION -LAW 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: JOHNSON, DUFFIE, STEWART & WEIDNER BY: ~~ ~i~'(! Richard W. Stewart Johnson, Duffie, Stewart & Weidner 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043 717-761-4540 Attorneys for Plaintiff 380000 ., .~ m ,. . -. m - ~ ,& m ~ eD Postage $ Certified Fee t O 0 Return Receipt Fee (Endorsement Required) Postmark Her9 O Restricted Oellvery Fee p (Endorsement Requirad) ~ fl.t Total Postage & Fees ,$ .. ~ ~ entTo Jere / p -•--~- freer, Api No:; - - lhl~_. (~ or PO Box No. ~(~ 2 ~ City, State, ZlP+4 -~~ I-7~y :, ,,. ^ Complete ttems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Je~'~Ye Ca u $53 J~tehl ~,=, ire a X ^ Agent ^ Addre B. Re ived by (Printed Ai'afne C. Da a of C ~ C`~ l ~: t D I D. Is delivery address different m item 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service lype Certifled Mail O Express Mail ^ Registered ^ Retum Receipt for Mer~hartdlse ^ Insured Mail ^ C.O.D. 4. Restricted Deliveryl (Exha Fee) ^ Yes 2. Article Number 7Dp7 268 DO01 8113 4835 (Tiansii:r from service Jabet) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 _, .. ;,~ ,._ _. .. ~r~~ a~Y (j~j(' It',,~ I rt' r~ ~U C~V~ ~:.~(~ ~L} 1 J I L' CUB,., _ . , :-,. I~.oo P1~ A~ CL~ ~ ~(~0 ~ aaaag3 uo+iea, A.1ou.~l WRIT Of EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) I TO THE SHERIFF OF CUMBERL To satisfy the debt, interest and From JEFFREY COX, 853 Kie' (1) You are directed to levy upon t) PROPERTY, INCLUDING PERSONAL EFFECTS OF DRIVE, LEMOYNE, PA - A AT SAID PROPERTY. (2) You are also directed to attach of GARNISHEE(S) as follows: and to notify the garnishee(s) that: ( paying any debt to or for the accou? (s) or otherwise disposing thereof, (3) If property of the defendant(s) of anyone other than a named garni garnishee and is enjoined as above Amount Due $9,600.63 Interest from June 9, 2009 -- $3.1! Atty's Comm % Atty Paid S Q301.1'1 Plaintiff Paid Date: 3/24/11 Due Prothy $2.00 Other Costs LL E L L. (Seal) David Dwell, By: Deputy REQUESTING PARTY: Name RICHARD W. STEWAR7 Address: 301 MARKET STREET LEMOYNE, PA 17043 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court ID No. NO 09-6058 Civil CIVIL ACTION - LAW ND COUNTY: fists due MYERS-HARNER FUNERAL HOME, INC. Plaintiff (s) Drive, Lemoyne, PA 17043 property of the defendant (s)and to sell ALL PERSONAL JT NOT LIMITED TO ALL HOUSEHOLD GOODS AND :FENDANT SITUATE AT HIS RESIDENCE AT 853 KIEHL Y MOTOR VEHICLES OWNED BY DEFENDANT LOCATED property of the defendant(s) not levied upon in the possession an attachment has been issued; (b) the garnishee(s) is enjoined from of the defendant (s) and from delivering any property of the defendant levied upon an subject to attachment is found in the possession , you are directed to notify him/her that he/she has been added as a L.L. per day ESQUIRE P.O. BOX 109 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P. R.C.P. 3101 tO 3149 Etc. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JEFFREY COX Defend nts TO THE PROTHONOTARY OF SAID COURT (1) Directed to the Sheriff of (2) Against (3) and against (4) and index this writ (a) against (b) against as a lis pendens against the real property of describe property) Levy upon and sell all personal property o personal effects of Defendant situate at his, any motor vehicles owned by Defendant loc (5) Exemption has (not) been waived. Date: ?Nawt Writ No. No. 09-6058 Amount Due $9,600.63 _ Interest From June 9 2009 ($3.15 r day) ` _ Attorney's Com. C ca Costs $+ t- ?c -C Please issue WRIT OF EXECUTION in the above air -4 C: !rland County, Pennsylvania; C= .. Defendar? (s)ue -7- Garnishee (s) ; Defendant (s) and Garnishee (s), Defendant (s) in the name of the Garnishee (s) as follows: (Specifically 'Defendant, Jefftey Cox, including but not limited to all household goods and esidence at 853 Kiehl Drive, Lemoyne, Cumberland County, Pennsylvania and rted at said property. aW1 ®Zy' - Attorney for Plaintiff (s) NOTE Under paragraph (I) when the writ is t Under Rule 3103(c) a writ issued on a Paragraph (3) above should be completed Paragraph (4) (a) should be completed o When the writ issues to another county indexing is re Paragraph 4 (b) should be completed only if RuW(c). 1a. aU :47gi So cg;: ? 4.06 .? „ sv . 4 3 a y. CO., t, gaS 1.7?'Pct I to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. rred judgment may be directed only to the sheriff of the county in which issued, y if a named garnishee is to be included in the writ. if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a). red as of course in that county by the prothonotary. See Rule 3104(b) property in he name of a garnishee is attached and indexing as a lis pendens is desired. See .4 a.oo`l&- - C? u AC -IA/.