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HomeMy WebLinkAbout09-8787Christopher 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 - S 79 7 CIVIL TERM MICHAEL GEILING, 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 i FABLES\Clients\9812 HofTtnan-Roth\9812.41coTWnuh 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. MICHAEL GELLING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff, Hoffman 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, Michael Geiling, is an adult individual residing at 3601 Brisban Street, Harrisburg, Dauphin County, Pennsylvania 17111. 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 Helen M. Geiling, deceased. 5. Plaintiff has provided both goods and services to Defendant for a total value of $3,421.66. 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 $3,421.66, 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 $3,421.66. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $3,421.66, plus interest at 18% per annum from the date of the invoice, attorneys fees, and costs. MARTSON LAW OFFICES Date: /: _ //- 69 By: 5. 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. Michael Geiling 3601 Brisban Street Harrisburg, PA 17111 Statement of Funeral Expenses for: Helen M. Geiling 219 North Hanover Street Carlisle, Pennsylvania 17013 717.243.4511 toll free 1.866.451.4511, fox 717.243.3723 www.hoffT)anroth.com info@hoffmorxoth.com September 1, 2009 Date of Death: October 26, 2007 Account Id: 15163-230 PACKAGE: Traditional Service Traditional Funeral Service Package $ 4,150.00 Sub Total: $ 4,150.00 TOTAL FUNERAL HOME CHARGES: $ 4,150.00 CASH ADVANCES: 10 $ 60.00 Flowers $ 143.10 Newspaper Obituary Notice- Sentinel $ 94.50 Clergy Offering $ 200.00 Chanter $ 50.00 Hairdresser $ 30.00 Newspaper Obituary Notice - Patriot News $ 244.06 Sub Total: $ 821.66 ALTERATIONS: Sep 1, 2009: Credit for Chanter (50.00) Sub Total: $ -50.00 Total Funeral Expense: $ 4,921.66 Total Payments Made: $ 1,500.00 Payments made: Helen M. Geiling Check 7003 Feb 6, 2008 500.00 Michael J. Gelling Check 722 Jun 25, 2008 500.00 Michael Gelling Check 1149 Oct 28, 2008 500.00 Total Balance Due: S 3.421.86 -------------------------------------------------------------------------------- Please return this portion with your Remittance a Amount Enclosed Helen M. Geiling Service ID #: 15163-230 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 . Hof an, Vice President Hoffinan Roth Funeral Home & Crematory , 65) C, ] 9 IL l??? was ?y3 R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY ()F IiE O( ITARY Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 2810 -i? AN 8142 >~ ""4() qFF E E `":c ,,..cP1FF COUW cl" Hoffman-Roth Funeral Home & Crematory, Inc. Case Number vs. 2009-8787 Michael Geiling SHERIFF'S RETURN OF SERVICE 12122/2009 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: Michael Geiling, 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. 12/29/2009 11:00 AM - Dauphin County Return: And now December 29, 2009 at 1100 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael Geiling by making known unto Ellen Lees, Adult in charge at 3601 Brisbain Street, Harrisburg, PA 17111 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 December 31, 2009 so Rc)6)-- KLINE, SHERIFF c; Cou:tySuite Sheriff. Teleosoft. Inc. (.0ijitt ots r Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin HOFFMAN-ROTH FUNERAL HOME & CREMATORY, INC. VS MICHAEL GEILING Sheriff s Return No. 2009-T-3265 OTHER COUNTY NO. 2009-8787 And now: DECEMBER 29, 2009 at 11:00:00 AM served the within COMPLAINT upon MICHAEL GEILING by personally handing to ELLEN LEES: GIRLFRIEND 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 3601 BRISBAN STREET HARRISBURG PA 17111 Sworn and subscribed to before me this 30TH day of December, 2009 110 NOTARIAI, SEAL RY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Expire s Set 1, 2010 So Answers, Sheriff of Dauphin County, Pa. By- A Depu eriff Deputy: S SCHAEFFER Sheriffs Costs: $47.25 12/28/2009 In The Court of Common Pleas of Cumberland County, Pennsylvania Hoffman-Roth Funeral Home & Crematory, Inc. VS. Michael Geiling 3601 Brisban Street Harrisburg, PA 17111 Civil No. 2009-8787 Now, December 22, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sworn and subscribed before me this day of ,20 20 , at o'clock M, served the Sheriff of COSTS SERVICE $ MILEAGE_ AFFIDAVIT copy of the original. County, PA the contents thereof. FARLESTlients\9812 HotTman-Roth\9812R3.pra/mah MM-0 THE RC NTAW 2010 JAN -1 AM 10*- 31 Christopher E. Rice, Esquire I.D. Number 90916 CU ?3'. ' t y DJUN Y MARTSON DEARDORFF WILLIAMS OTTO GILROY ZA `L?' Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs HOFFMAN ROTH FUNERAL HOME & CREMATORY, INC., Plaintiff V. MICHAEL GEILING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 8787 CIVIL TERM PRAECIPE To the Prothonotary: Please mark the above-referenced matter settled and discontinued. MARTSON LAW OFFICES Date: / - li - / By: -O "'4 Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff 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: Mr. Michael Geiling 3601 Brisban Street Harrisburg, PA 17111 MARTSON LAW OFFICES By: Z, 140 Lf* -271, "V .Price Tt High Street Carlisle, PA 17013 (717) 243-3341 Dated: 7 ?/p This is a debt collecting firm. Any information obtained will be used for that purpose.