The URL can be used to link to this page

Home My WebLink About09-8652Christopher 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 CIVIL TERM KATHY KEAN, 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 TILESTlients\9812 Hoffman-Roth\9812.47, con?mah 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 - '56 S?L CIVIL TERM KATHY KEAN, 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 at 219 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Kathy Kean, is an adult individual residing at 157 North East Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff is in the business ofproviding 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 Gary Kean, deceased. 5. Plaintiff has provided both goods and services to Defendant for a total value of $3,050.07. 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 Plaintiffs agents. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $3,050.07, 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 $3,050.07. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $3,050.07, plus interest at 18% per annum from the date of the invoice, attorneys fees, and costs. MARTSON LAW OFFICES Date: /Z _ //- 01 By: Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm. Any information obtained will be used for that purpose. EXHIBIT "A" FUNERAL HOME CREMATORY, INC. Kathy Kean 157 North East Street Carlisle, PA 17013 219 North Hanover street Carlisle, Pennsylvania 17013 717.243.4511 toll free 1.866.451.451,1 fax 717,243.3723 www,hoffmonroth.corn info@hoffmanroth.com September 1, 2009 Statement of Funeral Expenses for: Gary Kean Date of Death: December 1, 2008 Account Id: 15487-264 FACILITIES AND PROFESSIONAL SERVICES: Services of Director and Staff $ 2,000.00 MERCHANDISE: Sub Total: $ 2,000.00 Casket: Cloth Covered Cardboard $ 990.00 Sub Total: $ 990.00 TOTAL FUNERAL HOME CHARGES: $ 4990.00 CASH ADVANCES: Newspaper Obituary Notice - Patriot News $ 170.07 Sub Total: $ 170.07 Total Funeral Expense: $ 3,160.07 Total Payments Made: $ 110.00 Payments made: Samuel MacPherson Check 1744 Dec 19, 2008 10.00 Cumberland County VA VA Benefit 717831 Jan 7, 2009 100.00 Total Balance Due: L 3a ffi 7 _ _ ---------------------------- Please return this portion with your Remittance ------------ $ Amount Enclosed Gary Kean Service ID f!: 15487-264 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. stopher H. Hoffin , Vice President Hoffinan Roth Funeral Home & Crematory L- 2009 DEC 16 PM 12: 17 fit' 1r? _ d U 't SHERIFF'S OFFICE OF CUMBERLAND R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor C 2.2 ?' f t Z: 4 } OF'F COUNTY Hoffman-Roth Funeral Home & Crematory, Inc. Case Number vs. Kathy Kean 2009-8652 SHERIFF'S RETURN OF SERVICE 12/17/2009 06:15 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 17, 2009 at 1815 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kathy Kean, by making known unto herself personally, at 157 North East Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.84 December 18, 2009 ?S?Or, S RS, .? R THOMAS KLWE, SHERIFF (.? Coun.ySuite Sne, iff. Ieleosoft. Li David D. Buelf Prothonotary KirkS. Sohonage, ESQ Solicitor 0 F C 7750 Renee X Simpson 1" Deputy Prothonotary Irene E. 9V arrow 2nd Deputy Prothonotary Office of the 1Trothonotary Cumberfand County, Tennsyfvania A?Vw I&M CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P. 230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 9 Carfisfe, PA 17013 * (717 240-6195 0 Fa.-? (717 240-6573