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HomeMy WebLinkAbout12-6645David R. Galloway, Esquire Attorney I.D. 87326 54 E. Main St. Mechanicsburg, PA 17055 Telephone: 717-697-4650 ~lLE~7-CEFiCE ~fi THE ~~OTI~Ot~OT,4f~'~ 2Q{2 OCT 26 PM {~: 51 ~~ PENNS VANIA TY Counsel for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MYERS-BUHRIG FUNERAL HOME & CREMATORY, LTD. Plaintiff, v. PATRICIA A. SMITH, Defendant. CIVIL ACTION -LAW DOCKET NO I ~-~ ~ G y~~~ ~~u~ NOTICE TO DEFEND 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 an 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 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, 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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 ~'/63.7~~da~r ~2~ a-ra. ycG David R. Galloway, Esquire Counsel for Plaintiff Attorney I.D. 87326 54 E. Main St. Mechanicsburg, PA 17055 Telephone: 717-697-4650 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA MYERS-BUHRIG FUNERAL HOME & CREMATORY, LTD. Plaintiff, CIVIL ACTION -LAW v. DOCKET NO: ~ ~, (, ~ ~{ S~ C•`~` PATRICIA A. SMITH, Defendant. COMPLAINT AND NOW, comes Plaintiff, by and through its attorney, David R. Galloway, Esquire, and files this Complaint and in support avers as follows: 1. Plaintiff Myers-Buhrig Funeral Home and Crematory is a limited company organized under the laws of Pennsylvania with a principal address of 37 E. Main St., Mechanicsburg, PA 17055. 2. Upon information and belief, Defendant Patricia A. Smith is an adult individual with a last known address of 414 N. West St., Apt. 5, Carlisle, PA 17013. 3. On or about June 28, 2011, Plaintiff and Defendant entered into a written agreement for funeral services related to the death of Defendant's brother, Robert B. Pomeroy. A copy of the written agreement (hereinafter "Agreement") is attached hereto. 4. Plaintiff fulfilled, performed and complied with all obligations and conditions of the Agreement. 5. Defendant breached the expressed and implied obligations, conditions and terms of the Agreement by failing to pay the amounts due. 6. Pursuant to the Agreement, interest is accruing on the unpaid balance at the rate of 1.5% per month (18% per annum). 7. As of the date of this Complaint, the amount due and owing from Defendant to the detriment of Plaintiff is $12,872.07. 8. Pursuant to the Agreement, Defendant agreed to pay "attorneys' fees, court costs and other costs." 9. Plaintiff has calculated reasonable attorneys' fees to be 25% of the principal amount due or $2,639.55. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant in the amount of $15,511.62, plus costs of this action, and any other relief as this Court deems just and reasonable. Respectfully Submitted, David R. Ga oway # 8 326 Counsel for Plaintiff EXHIBIT "A" Myers -Buhrig Funeral I'lome and Crematory, Ltd. Robert L. Buhrig, Jr., Supervisor ph: (717) 766-3421 fax: (717) 795-7291 37 E. Main Street, Mechanicsburg, PA, 17055 STATEMENT OF FUNERAL GOODS AND SERVICES SELECTED Charges are only for [hose items that you selected or that are required. If we are required by law or by a cemetery or crematory to use any items, we will explair. the reason in writing below. [f you selected a funeral that may require embalming, such as a funeral viewing, you may have to pay for embalming. You do not have to pay for embalm- ing you did not approve if yoty~iectGd arrattge~rents syc(t s ct cremation or immediate burial. If we charged for embalming, we will explain wh below. For the Service of K C~ IOQ /~T (^> ~ ~D n"1 C/`~ ~+ y~ ~,/ } " ~ /~ 3 Date of Death ~, ~~ i / Charge to: flafir"I G !,i 1'r- ~rn' ~ 1 ~"/ fU' l.t~ ~t I'TIPT 5~ ~er l~ j lC ~+~ ( ~O f J Name Address City ~ State A. CHARGE FOR SERVICES SELECTED: 1. PROFESSIONAL SERVICES (f ~ ~~ ~ Services of Funeral Director/Staff ..... . S !- Embalming ..................... _ $ / 7 Other preparation of hrxly u~~' ................. s -- SUB-TOTAL OF PROFESS[ONALSERVICES..........A1 3~~i 2. F.ACILI'CIES AND SER~7CE,S [Ise of facilities and services for 2 3 '1 ~4 viewing (Visitation/Wake) ...... ... $ J Use of facilities and services 7 ^ for funeral ceremony ......... ... $ ~ r t:X Use of facilities and services for Memorial Service ........... . $ Use of equipment and services ~ ~~ fur graveside service .... ..... ... $ Other use of facilities , 3aa e~~r~,~( ~~ ~ ... $ Other clothing 1`~'^'t'IY ~r-c~~~l~ Cremation urn ....... ........ .. $ ^- (Description) OTHER $ s - TOTAL MERCHANDISE SELECTED ...... ..... ...B $ .Z C? C. SPECIAL CHARGES: Forwarding of remains to $ (Funeral Home) ~ Receiving of remains from S (Funeral Home) Immediate Burial ..... ........... $ ..~ Direct Cremntion ................. $ ~- SUB-TOTAL OF SPECIAL CHARGES ............ _ ..C $ ..-~-. D. CASH ADVANCED ~ T~ Opening Grave ...... .......... . $ ~ Cemetery Equipment ... . , _ $~S Lnt and Deed News a e N ti L l 1"Z F!' ° 'r $__~ _ S $ p p r o ces- oca . : . . ,Newspaper Notices-Out-of-town S"^I""" . $ $$ 'telephone R Telegrams ........... $ Airfare ... . . $ " Clergy,~Mass Offering ~ ~ .. ~ ........ . $f.~3. Pallbearers ....... ... Certified Copies of the Death ./.~.L~ ~ $ , g~ Certificare .... $ Po(ice Escort ..... ........... . $--sue Flowers ...................... $ 2, Vault Service Charge .............. . $ $ SUB-TOTAL OF ADVANCES ..... r ... .. ..... ..D $ ~ 7 SUB-TOTAL OF FACIITTIFS/EQUIPMENT ... ... ...A2 S 13 ~ $ 3. At,TOM07!•'E EQUIPMEtdT vehicle ro Transfer remains to Funera Local ...... l Home , „~ .~ YJ 7 Hearse (Casket Coach) (~ ... ~~ Local ............. _ _ ... .... S 7 Limousine LOCaI ....... .......... .. . .. ..$ Family car local ..................... ... S -- flower car or floral disposition Local ...................... ...$ Lead car/clergy car I~~ ., Local ...................... ... $ Car for pallbearea Local ..................... ... $ ~. Out of town transportation ....... ~t'vi'CP ~ IP- h C,~~ ... $ $~~ SUB-TOTAL OF AUTOMOTIVE EQUIPMENT ..... ...A3 S I^Z ~ / TOTAL OF PROFESSIONAL SERVICES, FAC19.I'TIES AND AVTOMOTIVE EQUIPMENT .. ... ...... ............ B. CHARGE FOR MERCHANDISE SELECTED: , ~ , Casket .t~. rttS ~ ,r„ ~ ~ ~ . $ ~ 7,), ~ p p (Description) h1'ti~~ c. gaJ1 /a1 - Oekec.8ecep[ack ~ .. ~?!P`Ca.. . 3_ C/ ~ ~ (Description)!w-Qfti.S.o^r .~. ~ ,) r Outer burial mntaLner ............ . $ f: V (Desm j l tion )~~a~)C 75 `` i t ~ I`rl• .l}{t ~~~fW~~7siry~!y Acknowledgement cards ........... $$ 3 D "~ - - Register book(s) ............... T . S ,3 ~ Memory folders ..... ........... . S 3~a Prayer cards ................... S ^ Temporary grave marker ........... . $ Rurial clothing ...... ........... . $ i We charge you for our services in obtaining; (sp ecify curb adnaues [bat are marked-up) e j~~~'~ M~~~SR~. ~T'c- Y.ti~~ '9 .A $~[.~L.! .~I~+t,+-~r .n t ran.. C.U Ceoh ~~~Cle SUMMARY OF CHARGES A. Professional Services, Facilities and F,yuipment, and Automotive Equipment ............ ...... .. $!/ 9' '~ ., B. Merchandise ................ . .. S 3.Zo h .~ C. Special Charges ...... .......... $ ~' .. D. Cash Advances ................ .. $ 317 q TOTAL OF ALL SECTIONS ..... ........ ........ . S~ ~7 ~] PAID AT TAtE OF OR PR[OR O - ~ - ARRANGEMENTS . PK:.e<~. '?Y~a }. T~ $3 iDO3, BALANCE DUE .. ... ...._. ... .... . _ . $1Di373. ~8 REASON FOR EMBALMING ~? h t `r, l~ r w h q~/ ~ '~- t2nTti fs '~ If any law, cemetery, or crematory requirements have required the purchase of any of the items listed above, the law or equirc~tLent is explained below. ~y4 /)v`.~l ~ _ ~ ¢ ~ yi f~'.S C.y~ / ~~iy '1'' rOH~~s~r n /` t agree [hat I have examined the items of goods and services selected above and found them to be correct and according to the amngements f have requested. [acknowledge mceipt of a copy of this Statement of Punenl Goads and Ices Seletted. I represent that I have sufficient funds available for payment of the psh price for the gotxls and services selected. [also agree to make paytnent of $_ within .~~ days. 1 agree m be jointly and severally liable with a e else who signs below. A late charge of /. J °/.. per month amounting to I ~ aY d per year will he applied to the unpaid balance beginning _ days from the date of this agreement. I will also pay to the Punenl Director all reasonable outs paid by the Funeral D'Irettor to collect amounts 1 owe under this agreement. Those costs may include anorneys' fees, court costs and other msts. Any additional services or merchandise ordered or requested after the date of this agreement will he considered~pv/art~oyf [I~~isr~a_-greemen; and the st ereof will be reft tted on the fmal bill or statement. lSeaU ~ ± U.vzs2~-f % ~ ~ I "~ ~ I Z G (Purcha. //,.{)/] ~ 1 /'(Date) ,Qf/J~'~ (Snap v / 1! L/" 1.'L-. / ~L1~-y (Purchased ~ (Croon anent Director) e'~ Pc-~nsylav,:x Ftneral Director. Aunciauon WHITE Fux~rl Dvctto: YELLOW Funeral Director PMIC Customer form - 600 Revised 1/04 VERIFICATION I verify that the facts set forth in this Complaint are true and con-ect to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. I am authorized [o make this verification on behalf of Myers-Buhrig Funeral Home and Crematory, LTD, because of my position as Vice-President. Date: October ! ~ , 20l 2 By ~ /° OQPr Michelle Buhrig ~._: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~j~~cr of ~~e~6rr~~~A ~~ ;; `,'; ~'~: ' ~ d ~>~ic~ f~ -~E s~_~~rr ~.iF ~`HE ~'RGTNQNGTA~t~° 2Q~7 tdOY -9 AM 8~ 36 CUMBERLAND CaUNTY P~NNSYLVANiR Myers-Buhrig Funeral Home and Crematory, Ltd. I Case Number vs. Patricia A. Smith 2012-6645 SHERIFF'S RETURN OF SERVICE 11/01/2012 03:45 PM -Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Patricia A. Smith at 414 N. West Street, Apartment 5, Carlisle Borough, Carlisle, PA 17013. ~~ RONALD HOOVER, DEPUTY SHERIFF COST: $34.45 November 05, 2012 SO ANSWERS, RON i R ANDERSON, SHERIFF (c; %euntvS~nte Sheriff, Telecsoft, Irc SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i l - Sheriff , " C T Jody S Smith Chief Deputy , 1j,'1 3 SEP 26 PM 2; 51 Richard W Stewart t Solicitor OF:FICC OF TVF$VER)Fr CCUMSERLA 40 CCUNI'Y PEN14SYLVANIA Myers-Buhrig Funeral Home and Crematory, Ltd. Case Number vs. Patricia A. Smith 2012-6645 SHERIFF'S RETURN OF SERVICE 03/07/2013 10:15 AM -William Cline, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, F& M Trust Co., 214A Westminster Drive, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Terry Glass, Security Officer, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. 09/26/2013 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $89.34 SO ANSWERS, September 26, 2013 RONNY R ANDERSON, SHERIFF a SV Z—L (c)CountySuite Sheriff.Teleosoft.Inc.