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Home My WebLink About01-2450MICHAEL J. MALPEZZI, trading and : IN THE COURT OF COMMON PLEAS OF doing business as MALPEZZI FUNERAL : CUMBERLAND COUNTY, PENNSYLVANIA HOME. : Plaintiff : NO. 2001- ~t~$er V. : CAROLANN WENDLAND, CIVIL ACTION - LAW 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 a 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 Plaintiff. 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 OR CANNOT AFFORD ONE, (}O TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE. P. C. By: Attorneys for Plaintiff MICHAEL J. MALPEZZI. trading and IN THE COURT OF COMMON PLEAS OF doing business as MALPEZZI FUNERAL CUMBERLAND COUNTY. PENNSYLVAN HOME, Plaintiff : NO. 2001- .2q~ : CAROLANN WENDLAND, CIVIL ACTION - LAW Defendant COMPLAINT Michael J. Malpezzi. trading as Malpezzi Funeral Home, by his attorneys Snelbaker, Breuneraan & Spare, P. C. files this Complaint and in support the~of states the following: 1. PlaintiffMichael J. Malpezzi is an adult individual trading and doing business as Malpezzi Funeral Home with a business address of 8 Market Plaza Way. Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Carolann Wendland is an adult individual residing at 1464 Boiling Springs Road. Boiling Springs, Cumberland County, Pennsylvania. 3. On or about May 26, 2000, Defendant entered into an agreement with Plaintiff whereby Defendant agreed to pay for various goods and services selected as well as certain costs advanced by Plaintiff with respect to the funeral of Carol M. Wend/and. A true and correct copy of the agreement dated May 26, 2000 entitled "Statement of Funeral Goods and Services Selected" as executed by Defendant (hereinafter the "Agreement") is attached hereto and incorporated by reference herein as "Exhibit A". n. 4. In accordance with the terms of the parties' Agreement, Defendant was to pay Plaintiff the sum of $3,637.00 within thirty (30) days of May 26, 2000 for the goods and services provided and costs advanced by Plaintiffpursuant to the Agreement. 5. Plaintiff provided the goods and services selected and agreed to by Defendant o the Agreement without objection or complaint by Defendant. 6. Defendant has failed and refused to pa)' Defendant the sum of $3,637.00 pursuant to the terms of the Agreement. 7. Defendant's failure to pay to Plaintiff the sum of $3,637.00 within thirty (30) days of May 26, 2000 constitutes a material breach of the parties' Agreement. 8. Pursuant to the terms of the parties' Agreement, Defendant acknowledged that a late fee of one percentum (1%) per month would be applied to the unpaid balance due Plaintiff beginning thirty-one (31 ) days from May 26, 2000. 9. Pursuant to the terms of the parties' Agreement. Defendant agreed to pay all reasonable costs and expenses incurred by Plaintiffto collect amounts owed by Defendant under the Agreement, including attorney's fees. court costs and other costs. 10. All conditions precedent to Plaintiffs right to maintain this action have occurred. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3,637.00. together with late charges of $36.37 per month beginning June 26. 2000 until the sum of $3,637.00 is paid in full, as well as reasonable attorney's fees and costs of this action. SRI~NNEMAN '2- The amount claimed in this action, exclusive of interest and costs, does not exceed the amount established for mandatory arbitration in Cumberland County. SNELBAKER, BRENNEMAN & SPARE, p. C. Keith O. Brenneman. Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Michael J. Malpezzi. trading and doing Date: April 25.2001 business as Malpezzi Funeral Home SNELBAK£R. ~RENN£MAN & SPAR~ -3- If you selected a funeral ..l~at [tw/t~'qulre emh]mJn& such ~s a [uneul wllh ~& ~ ~ h~ m~ ~r m~ You ~ ~ ~ m ~ ~ ~. ............................... Heave (Cas]tel Coach) Teleph~e Car for I~llbearers EQUIPMENT ................ A Il ~..~,?d-' (~ipl~on) · ".,oA"A':,p--~,. B. Merchandbe ..................... I~ ~ .g'~ -- Other Recepucle ................. (Delcrlption) D. Cash Advances ................... $..~ TOTAJ. OF ALL SF. CTIONS . ARRANGF. MIATS ................................ .................. ,__ M~nor~ ~t21deu .................. l__ If any law, Ccmac~. or c~malo~ rcqufrc~enrs luvc~t;quircd ~de purchase Prayer card; ..................... I __ of ny O( thc ilgm.q hied ~N)vc Ihe bit oF ft'qll~l JS elpLlJfted below. (Sod) form - 600 Revised 4/94 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. ~ ~loing business as Malpezzi Funeral Home Date: April 25, 200] ~W OFFICES SPARE SHERIFF ' S RETURN - REGULAR CASE NO: 2001-02450 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MALPEZZI MICHAEL VS WENDLAND CARO L~/TN CPL. MICK BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WENDLAND CAROLANN the DEFENDANT , at 1951:00 HOURS, on the 3rd day of May , 2001 at 1464 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 by handing to CAROLANN WENDLAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 ~~~~ Service 3.72 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.72 05/04/2001 SNELBAKER,BRENNEMAN & SPARE Sworn and Subscribed to before By: y~~ me this ~ ~t day of P Y ~-~o~honot ar¥ MICHAEL J. MALPEZZI. trading and : IN THE COURT OF COMMON PLEAS OF doing business as MALPEZZI FUNERAL CUMBERLAND COUNTY, PENNSYLVANIA HOME. : Plaintiff : NO. 2001-2450 Civil : : : CAROLANN WENDLAND. : : CIVIL ACTION - LAW Defendant : TO: Carolann Wendland Date of Notice: May 24, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND You MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, p. C. ~^w omc~, Keith O. Brenneman, Esquire - SNELB&KER. 44 W. Main Street BRENNEMAN a s,^,~ Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff _CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN. ESQUIRE, hereby certify that I have on the below date. caused a true and correct copy of the foregoing Important Notice to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOW:;: Carolann Wendland 1464 Boiling Springs Road Boiling Springs. PA 17007 Keith O. Brenneman, Esquire SNELBAKER. BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorney for Plaintiff Michael J. Malpezzi Date: May 24. 2001 SNELBAK£R. ~RENN£MAN MICHAEL J. MALPEZZI, trading and : IN THE COURT OF COMMON PLEAS OF doing business as MALPEZZI FUNERAL : CUMBERLAND COUNTY, PENNSYLVANIA HOME. Plaintiff NO. 2001-2450 CIVIL '. V. : CAROLANN WENDLAND. : · : CIVIL ACTION - LAW Defendant : pRAECIPE FOR JUDGMENT UPON DEFAULT _PURSUANT TO Pa.R.C.P. 1037(b~ TO THE PROTHONOTARY: Please enter judgment against Defendant Carolana Wendland and in favor of Plaintiff Michael J. Maipezzi, trading and doing business as Malpezzi Funeral Home in the amount of $4,510.94. together with interest and costs of this action due to Defendant's failure to file within the required time of pleading to the Complaint in this action. A certified copy of the Complaint containing a notice to defend was served upon Defendant on May 3, 2001. I hereby certify that written notice of intention to file this Praecipe was mailed to the Defendant (the party against whom judgment is to be entered) for failure to plead to the Complaint and at least ten days prior to the date of the filing of this Praecipe. A copy of the ~xitten notice mailed to the Defendant on May 24, 2001 is attached hereto and incorporated by reference herein as "Exhibit A". SNELBAKER, BRENNEMAN & SPARE, P. C. ~w o~,c~s Date: June 22, 2001 By: ¢~/~1~/~'~'"'"" Keith O. Brenneman, Esquire s.~.^~£.. 44 W. Main Street I~RI[NN~[MAN Mechanicsburg, PA 17055 & SPAR~ (717) 697-8528 Attorneys for Plaintiff CERTIFICATE OF SERVICE I. KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Carolann Wendland 1464 Boiling Springs Road Boiling Springs, PA 17007 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Atlomey for Plaintiff Michael J. Malpezzi Date: ~}14~.t ~ff, ~ { ~NELBAKER. BRENNEMAN SPARE MICHAEL J. MALPEZZI, trading'and : IN THE COURT OF COMMON PLEAS OF doing business as MALPEZZI FUNERAL : CUMBERLAND COUNTY, PENNSYLVANIA HOME, : Plaintiff : NO. 2001-2450 Civil CAROLANN WENDLAND, : : CIVIL ACTION - LAW Defendant : TO: Carolann Wendland Date of Notice: May 24, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. Keith O. Brenneman, Esquire ~w OFF,C~, 44 W. Main Street SNELBAKER. Mechanicsburg, PA 17055 BRENNEMAN (717) 697-8528 Attorneys for Plaintiff EXHIBIT A C~ERTIFICATE OF SERVICE. I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Important Notice to be sew'ed upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Carolann Wendland 1464 Boiling Springs Road Boiling Springs, PA 17007 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P.O. Box318 Mechanicsburg, PA 17055 (717) 697-8528 Attorney for Plaintiff Michael J. Malpezzi Date: May 24, 2001 & SPAR~ MICHAEL J. MALPEZZI. trading and : IN THE COURT OF COMMON PLEAS OF doing business as MALPEZZI FUNERAL : CUMBERLAND COUNTY, PENNSYLVANIA HOME. : Plaintiff NO. 2001-2450 CIVIL CAROLANN WENDLAND. CIVIL ACTION - LAW Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the judgmem entered against the Defendant in the above-captioned matter satisfied upon your docket and indices. SNELBAKER. BRENNEMAN & SPARE, P. C. Date: May 2.2002 By: ]/~//~ Keith O. Brenneman. Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Michael J. Malpezzi ~NELBAKKR, BRENNEMAN & ~PAR£