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Home My WebLink About09-7263Christopher 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 - '7d- (P 3 CIVIL TERM CATHERINE MYERS, 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 FARLEST ients\9812 Hoffman-Roth\9812.45.coiWmah 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. CATHERINE MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 724-3 CIVIL TERM 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, Catherine Myers, is an adult individual with an address of Stonebridge Health & Rehab Center, 102 Chandra Drive, Duncannon, Perry County, Pennsylvania 17020. 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 Frank Kendrick Myers, deceased. 5. Plaintiff has provided both goods and services to Defendant for a total value of $5,254.32. A true and correct copy of Plaintiff's 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, 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 $5,254.32, 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. In the alternative to Count I, Defendant is liable to the Plaintiff and/or has been unjustly enriched in the amount of $5,254.32. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $5,254.32. plus interest at 18% per annum from the date of the invoice, attorneys fees, and costs. MARTSON LAW OFFICES By: (?? S. /?" Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: Attorneys for Plaintiff This is a debt collecting firm. Any information obtained will be used for that purpose. EXHIBIT "A" FUNERAL HOME CREMATORY, INC 219 North Hanover Street Carlisle, Pennsylvania 17013 717.243.4511 toll free 1.866.451.4511 fax 717.243.3723 www.hoffmanroth.com info@hoffmanroth.com Catherine Myers September 1, 2009 Stonebridge Health & Rehab Ctr, 102 Chandra Drive Duncannon, PA 17020 Statement of Funeral Expenses for: Frank Kendrick Myers Date of Death: September 29, 2008 Account Id: 15434-214 PACKAGE: CREMATION PACKAGE #1A CREMATION PACKAGE #1A $ 3,990.00 MERCHANDISE: Sub Total: $ 3,990.00 Casket: Cardboard Insert $ 1,095.00 Sub Total: $ 1,095.00 TOTAL FUNERAL HOME CHARGES: $ 5,085.00 CASH ADVANCES: 12 $ 72.00 Coroner Fee $ 25.00 Newspaper Notice - Patriot News $ 147.32 Sub Total: $ 244.32 Total Funeral Expense: $ 5,329.32 Total Payments Made: $ 75.00 Payments made: Catherine Myers Check 542 Oct 21, 2008 50.00 Catherine Myers Check 626 Nov 18, 2008 25.00 Total Balance Due: A-2?,32 ----- - ----- - - - -------- - - - Please return this portion with your Remittance $ Amount Enclosed Frank Kendrick Myers Service ID #: 15434-214 SERVING OUR COMMUNITY SINCE 1907 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. Hoffman, ice President Hoffinan Roth Funeral Home & Crematory FILE., ? ?'` ,;F THE . r_ 2999 OCT 21 PM 2: 16 -.Lit Al* 33?" 3 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Sehorpp Solicitor ,??'tr at CU1116r'.1 4444 A OMCE i ?? T"E S14£RiPF RJD-OF, ICE 'CF THE P 1^7r ONCTARY 2004 OCT 29 AM 10: 18 141 Y Hoffman-Roth Funeral Home & Crematory, Inc. vs. Case Number Catherine Myers 2009-7263 SHERIFF'S RETURN OF SERVICE 10/21/2009 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: Catherine Myers, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint and Notice according to law. 10/23/2009 01:15 PM - Perry County Return: And now October 23, 2009 at 1315 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Catherine Myers by making known unto herself personally, at 102 Chanda Drive Duncannon, PA 17020 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 28, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF HOFFMAN ROTH FUNERAL HOME: IN THE COURT OF COMMON PLEAS OF & CREMATORY, INC. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CATHERINE MYERS Defendant : NO. 2009-7263 CIVIL TERM Please enter my appearance for the Defendant in the above. ?`! , / Date: Geoffrey M.Birin er 401 E.Louther Street Carlisle,PA 17013 (717)243-9400 F1LEU_.tia.r ;" "F OF THE PFCTG-CNOTARY 2009 NOV 10 Ali i 1, 4 9 C W.