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Home My WebLink About09-8785Christopher 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. JOANNE M. ORTLIEB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - CIVIL TERM 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 FAFILES\Clients\9812 Hoff.-Roth\9812.50.conVnmh 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. JOANNE M. ORTLIEB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 - 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, Joanne M. Ortlieb, is an adult individual with an address of 136 West South Street, Carlisle, Cumberland County, Pennsylvania 17013. 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 John Ortlieb, deceased. 5. Plaintiff has provided both goods and services to Defendant for a total value of $1,766.38. 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 $1,766.38, 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 $1,766.38. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $1,766.38, plus interest at 18°,?o per annum from the date of the invoice, attorneys fees, and costs. MARTSON LAW OFFICES By: 5-. /(-, Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: (2 ?/ e f Attorneys for Plaintiff This is a debt collecting firm. Any information obtained will be used for that purpose. EXHIBIT "A" ?j 4 FUNERAL HOME & CREMATORY, INC Joanne M. Ortlieb 136 West South Street Carlisle, PA 17013 219 North Hanover Street Carlisle, Pennsylvania 17013 717.243.4511 toll free 1.866.451.4511 fax 717.243.3723 www.hoffmarroth.com info@hoffmanroth.com September 1, 2009 Statement of Funeral Expenses for: John Ortlieb. Date of Death: May 3, 2009 Account Id: 15617-106 PACKAGE: Direct Cremation CREMATION PACKAGE #5 $ 1,690.00 Sub Total: $ 1,690.00 TOTAL FUNERAL HOME CHARGES: $ 1,690.00 CASH ADVANCES: 3 $ 18.00 Newpaper Obituary Notice- Sentinel $ 33.38 Coroner Authorization Cremation Fee $ 25.00 Sub Total: $ 76.38 Total Funeral Expense: $ 1,766.38 Payments made: Total Balance Due: i ------ --------------------- -----____-------- -------_ Please return this portion with your Remittance w Amount Enclosed John Ortlieb Service ID #: 15617-106 SERVIN G OUR COMMUNITY SINCE 19.07 mv? 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. Hoffman, Vice President Hoffinan Roth Funeral Home & Crematory p FILE -;" r;r M9 DEC 22 All KII: CiY ,p??-O? a3"? 34t Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FlLED--D:r-,1CE OF THE MOT ; ,,10TARY 2010 JAN -7 PM 2:42 are,. a« •? tis l PEqNSSYLVA,NIA Hoffman-Roth Funeral Home & Crematory, Inc. vs. Joanne M. Ortlieb Case Number 2009-8785 SHERIFF'S RETURN OF SERVICE 01/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Joanne M. Ortlieb, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Joanne M. Ortlieb. The Carlisle Postmaster has advised the defendant has moved and left no forwarding address. SHERIFF COST: $38.84 SO ANSWERS, , January 06, 2010 i R NY R ANDERSON, SHERIFF (O) COl111`:yj11I10- ShOr!ft, 1F1'Ft,.Soft, h1l 0 CUM p David 1D. <3ueCC ...1/4-k ° Renee X Simpson Prothonotary ' , ; 1st Deputy Prothonotary 0 yrruGa :j Z o 1C' kS. Soho e, ES ar nag Q Irene E. gilorrow Solicitor ,750 2nd Deputy Prothonotary Office of the Prothonotary Cumberland County, <Pennsy(vania 09-8iya5 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,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 • Carlisle, PA 17013 • (717)240-6195 • Fax(717)240-6573