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Home My WebLink About10-1017\.:° FILED-Cr"rfvE OF 10TAPY 2010 FEB -9 QM 9: 25 Christopher E. Rice, Esquire I.D. Number 90916 -c Jf MARTSON DEARDORFF WILLIAMS OTTO GILROY"?"L 1 C?S+`vt MARTSON LAW OFFICES i4 Jdt+. 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. 20N - ,'hJ CIVIL TERM RODNEY CLOUSER, 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:\F1LES\Cliems\9812 Hofiin.-Roth\9812.52.com/mah 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 IN THE COURT OF COMMON PLEAS OF & CREMATORY, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2010 - ? CIVIL TERM RODNEY CLOUSER, 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, 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, Rodney Clouser, is an adult individual with an address of 447 Hunters Road, Newville, Cumberland County, Pennsylvania 17241. 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 Willis J. Clouser, deceased. 5. Plaintiff has provided both goods and services to Defendant for a total value of $898.66. 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 $898.66, 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 $898.66. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $898.66, plus interest at 18% per annum from the date of the invoice, attorneys fees, and costs. MARTSON LAW OFFICES F . /Z--- By: Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: V/8'`//0 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@hoffmonroth.com September 1, 2009 Rodney Clouser 447 Hunters Road Newville, PA 17241 Statement of Funeral Expenses for: Willis J. Clouser Date of Death: September 11, 2006 Account Id: 14855-176 PACKAGE: Traditional Service Traditional Funeral Service Package $ 3,890.00 Sub Total: $ 3,890.00 MERCHANDISE: Casket: Steel No Seal, Viceroy Casket $ 1,060.00 Sub Total: $ 1.060.00 TOTAL FUNERAL HOME CHARGES: $ 4,950.00 CASH ADVANCES: 10 Death Certificates $ 60.00 Newspaper Obituary Notice -Sentinel $ 114.50 Newspaper Obituary Notice-Patriot News $ 10.00 ALTERATIONS: Sub Total: $ 184.50 Nov 7, 2007: Discounted (138.51) Sub Total: $ -138.51 Total Funeral Expense: $ 4,995.99 Total Payments Made: $ 4,097.33 Payments made: Fraternal Order of Eagles Check 3865 Sep 18, 2006 500 00 Karen Clouser Check 2076 Dec 13, 2006 . 100 00 Karen Clouser Check 2088 Jan 18, 2007 . 100 00 Karen Clouser Check 2103 Feb 27, 2007 . 400 00 Karen Clouser Check 2112 Mar 16, 2007 . 150 00 Karen Clouser Check 2127 Apr 18, 2007 . 150 00 Karen Clouser Check 2136 May 18, 2007 . 150 00 Karen Clouser Check 2148 Jun 28, 2007 . 150 00 Karen Clouser Check 2156 Ju125, 2007 . 500 00 Karen Clouser Check 2165 Aug 3, 2007 . 300 00 Mark Clouser Check 2164 Aug 3, 2007 . 798 66 Shelby J. Bittinger. Check 3442 Oct 5, 2007 . 50 00 Rodney L. Clouser Check 269 0013,2007 . 200 00 Shelby J. Bittinger Check 3455 Nov 6, 2007 . 548,67 SERVING OUR COMMUNITY SINCE 1907 . FUNERAL HOME &t CREMATORY, INC. Total Balance Due: 219 North Hanover Street Carlisle, Pennsylvania 17013 717.243.4511 toll free 1.866.451.4511 fax 717.243.3723 www.hoffmaryoth.com Into@hoffrnarroth corn M????------------------------------- ___ _____ _____ Please return this portion with your Remittance w -' M- S Amount Enclosed Willis J. Clouser Service ID #: 14855-176 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. Christop er H. Hoffman, Vice President Hoffman Roth Funeral Home & Crematory F?\FILES\CIicnts\9812 Hoft9 -Roth\9812.52.com SHERIFF'S OFFICE OF CUMBERLA~IOQ~I1~"F~~~ Ronny R Anderson 2~~~ ~~~ ~2 n, ~ ~. !~ j Sheriff ~ ' ~ Jody S Smith ~4~~,~^~ ~i .~u,r,,c,,,~~~~ Ci.!r'~r `~ Chief Deputy -~ , ~,~-~1' . f.. f'_ .a ~j~ t ~~ ~~ ~{. Edward L Schorpp Solicitor ~r~~~;~ -,~ -..~ .-~F:~ Hoffman-Roth Funeral Home & Crematory, Inc. vs. Rodney Clouser Case Number 2010-1017 SHERIFF'S RETURN OF SERVICE 02/16/2010 07:16 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 16 2010 at 1916 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Rodney Clouser, by making known unto Tiffany Trayer, Fiance of defendant at 447 Hunters Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $39.24 February 17, 2010 SO ANSWERS, ""'~~ O Y R ANDERSON, SHERIFF ,r.~--~ ~ --~ Deputy Sheriff .~ Cnun;yS~aite S^er~••F. Tei~cso`t. Inc. °f c041 David Buell e p Renee X Simpson , Prothonotary �,� , y 15` Deputy cProthonotary \a v; o Irene E. Morrow 7Cirk,S. Sohonage, ESQ J % Solicitor 1750 2nd Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania !Q -- /0/7 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 • Fa.�(717)240-6573