HomeMy WebLinkAbout13-4631 Supreme Co "''' 0 . ennsylvama
COur Co�mmo " leas For Prothonotary Use Only:
h
C il ` 9 er os a v t
.: a o Docket No: t
CUM ->� L�AN�
,� County
The infortnation collected on this form is used solely for court administration purposes. This fibrin does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
S 0 Complaint 0 Writ of Summons 0 Petition
E 0 Transfer from Another Jurisdiction E] Declaration of Taking
C Lead Plaintiffs Name: Lead Defendant's Name:
T Myers - Buhrig Funeral Home and Crematory, LTD. Great Western Insurance Company
I Are money damages requested? M Yes [2 No Dollar Amount Requested: O within arbitration limits
0 (check one) 0 outside arbitration limits
N Is this a Class Action Suit? El Yes x, No Is this an MDJAppeal? 0 Yes El No
A Name of Plaintiff/Appellant's Attorney: David R. Galloway, Esquire
Check here if you have no attorney (are a Self- Represented (Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
Intentional 0 Buyer Plaintiff Administrative Agencies
Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment
0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections
Nuisance Dept. of Transportation
Premises Liability 0 Statutory Appeal: Other
S 0 Product Liability (does not include 0 Employment Dispute:
E mass tort)
0 Slander/Libel/ Defamation Discrimination
C 0 Other: Employment Dispute: Other 0 Zoning Board
T 1] Other:
I ❑x Other:
O MASS TORT Breach of Contract
0 Asbestos
N 0 Tobacco
Toxic Tort - DES
0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste
0 Ejectment 0 Common Law /Statutory Arbitration
B 0 Other:
0 Eminent Domain/Condemnation M, Declaratory Judgment
0 Ground Rent Mandamus
0 Landlord/Tenant Dispute Non - Domestic Relations
0 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto
0 Dental 0 Partition 0 Replevin
0 Legal 0 Quiet Title 0 Other:
0 Medical 0 Other:
Other Professional:
Updated 11112011
David R. Galloway, Esquire " ' ' `' ` ` ' `� ` ` ° ' `
Counsel for Plaintiff
Attorney I.D. 87326, 7 ��
54 E. Main St.
Mechanicsburg, PA 17055 C U M B FR i._ A D C 0'U NI Y
Telephone: 717- 697 -4650 PENNSYLVANEr
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
MYERS - BUHRIG FUNERAL HOME
& CREMATORY, LTD. ;
Plaintiff, CIVIL ACTION — LAW
V.
DOCKET NO:
GREAT WESTERN INSURANCE CO., :
Defendant. :
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
A F
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:
GREAT WESTERN INSURANCE CO., :
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:
I. Plaintiff Myers -Buhrig Funeral Home and Crematory, LTD is a company
organized under the laws of Pennsylvania with a principal address of 37 E. Main St.,
Mechanicsburg, PA 17055.
2. Defendant Great Western Insurance Co. is an insurance carrier with a primary
place of business at 3434 Washington Blvd., Suite 100, Ogden, UT 84401.
3. Defendant is registered with the Pennsylvania Insurance Department.
4. On or about February 27, 2006, Myers Funeral Home, Inc., as Defendant's agent,
issued a Single Premium Whole Life Insurance policy (hereinafter the "Policy ") to Ivan L.
Sarver (hereinafter the "Insured ") in an amount to cover the funeral goods and services the
Insured selected before his death. A •copy of the Insured's Statement of Funeral Goods and
Services Selected, Application and Certificate of Insurance are collectively attached hereto as
Exhibit "A."
5. The beneficiary, by assignment, under the Policy was Myers Funeral Home, Inc.
6. On or about April 8, 2011, Plaintiff purchased certain assets of Myers Funeral
Home, Inc.
7. On or about May 18, 2011, the Insured died.
8. Plaintiff provided funeral goods and services for the Insured at the request of the
Insured's family.
9. The funeral goods and services Plaintiff provided totaled approximately $9,990.
Plaintiff's invoice dated May 21, 2011, is attached hereto as Exhibit `B."
10. On or about November 1, 2011, Plaintiff made a claim against the Policy seeking
recovery for the funeral goods and services provided. A copy of the Death Claim Form is
attached hereto as Exhibit "C."
11. On or about November 9, 2011, Defendant paid said claim but instead of paying
Plaintiff as instructed on the Death Claim Form, Defendant electronically transferred $8,249 to
the bank account of Boyd L. Myers, Jr., the former supervisor of Myers Funeral Home, Inc.
12. On or about January 4, 2012, Defendant wrote to Plaintiff apologizing for
misdirecting the funds. A copy of said letter is attached hereto as Exhibit "D."
13. Despite repeated requests, Defendant has refused and continues to refuse to reissue
payment to Plaintiff.
COUNT
Breach of Contract
14. Plaintiff incorporates herein by reference the allegations set forth in Paragraphs 1
through 13.
15. As a result of the Insured's death, Defendant is obligated by the terms of the
Policy and the Death Claim Form to pay Plaintiff.
16. Defendant's refusal to reissue payment to Plaintiff under the Policy constitutes a
breach of the Policy.
17. As a direct and proximate result of Defendant's breach, Plaintiff has been deprived
the benefits under the Policy.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in
favor of the Plaintiff and against Defendant in the amount of $8,249 plus statutory interest, costs
of this action, and any other relief this Court deems just and reasonable.
COUNT II
Bad Faith
18. Plaintiff incorporates herein by reference the allegations set forth in Paragraphs 1
through 17.
19. Defendant admits it "misdirected" payment to a third -party instead of Plaintiff.
20. Upon information and belief, Defendant has no reasonable and sufficient basis to
not reissue payment under the Policy directly to Plaintiff.
21. Defendant acted and continues to act in bad faith toward Plaintiff by refusing to
pay Plaintiff under the Policy.
WHEREFORE, Plaintiff respectfully requests this Honorable Court take the following
actions pursuant to 42 Pa. Cons. Stat. Ann. § 8371: (1) award interest on the amount of
plaintiff's claim against Defendant from the date the claim was made at a rate equal to the prime
rate plus 3 %; (2) award punitive damages against Defendant; and (3) assess court costs and
attorneys' fees against Defendant.
Respectfully Submitted,
David R. Galloway ? Counsel for Plaintif
EXHIBIT "A"
Faar G,--tinnc...
Celebrating Life. 11an —Mg Traditions
bOYD L. JR., Supervisor
E. MAIN
37 E. MAIN STREET
W er�cl C�'er�me, �° 11C. MECHANICSBURQ PA 17055
(717) 766 -3421
STATEMENT OF FUNERAL GOODS AND SERVICES SELECTED
Charges are only for those 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
explain in writing below.
If you selected a funeral that may require embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming
you did not approve if you s y ajrangef - ents suc as Irect cremafioyr immediate burial. If we charged for embalming, we will explain why below.
For the Service of _ " ��/" r ' _) Date G' - 1- r3 (,
Charge to: — S) ' R r� ��, r
Name Address City State f
A. CHARGE FOR SERVICES SELECTED: Other clothing
1. PROFESSIONAL SERVICES _ 8
Services of Funeral Director /Staff .... $ 8
Embalming ...................... 8 Nit Cremation urn ... .
8
Other preparation of body (Description)
OTHER g
SUB -TOTAL OF PROFESSIONAL SERVICES......... AI S 8 �;
TOTAL MERCHANDISE SELECTED .................. BS
2. FACILITIES AND SERVICES
Use of facilities and services for C. SPECIAL CHARGES:
viewing (Visitation /Wake)......... Forwarding of remains to
Use of facilities and services S
� a � (Funeral Home) �-
for funeral ceremony . .......... S Receiving of remains from t
Use of facilities and services for $
Memorial Service ........ (funeral Home)
Use of equipment and services f Immediate Burial ................. 3
for graveside service ............. $ t_ t Direct Cremation ................. Ste_
Other use of facilities � 8 s'
SUB -TOTAL OF SPECIAL CHARGES ................ C f . - --
L D. CASH ADVANCED ��
S Opening Grave f -, c
SUB -TOTAL OF FACILITIES /EQUIPMENT .... Cemetery q p
A2 ¢ y E ui men[ ............. 8
3. AUTOMOTIVE EQUIPMENT Lot and Deed .................... f
Newspaper Notices —Local .. S r oz).
Vehicle to transfer remains to Funeral Hottti ` Newspaper Notices— Out-of- town.... $
Local ........................... S T,. Telephone & Telegrams ........... 8
Hearse (Casket Coach) r
Airfare ........................ 8
•Local .. I ....... I ................ Clergy/Mass Offerin
Limousine Pallbearers ...................... 8
Local ........................... 8 - Certified Copies of theseath ,,,,,
Family car Certificate ..... /�..! ....'...- ....
Local ...... M., Police Escor[.................... S
Flower car or floral disposition L Z lowers ....... 8 .��U
Local .................... S Va [ Service Charge... S
S
Lead car/clergy ( r,`� Jti
Local ........ �......... �... f .... S
Car for pallbearers g
Local ........................... S S
Out of town transportation .........
8 SUB -TOTAL OF ADVANCES.. . ........ ............ D f -b.s
SUB -TOTAL OF AUTOMOTIVE EQUIPMENT.... ... A3 J L We charge you for our services in obtaining:
TOTAL OF PROFESSIONAL SERVICES, (specify cash advances that are marked -up
FACILITIES AND AUTOMOTIVE uw e /`-
EQUIPMENT .... ............................... A 8-.- ?V' /
SUMMARY OF CHARGES
B. CHARGE FOR MERCHANDISE SELECTED: f ed A. Professional Services, Facilities and
Casket.......................... S
_ /-' Equipment, and Automotive
(Description) •' ( �" A r t,..,.I Equipment ...................... $ 4a
B. Merchandise ..................... S�
Other Receptacle ................. S C. Special Charges .................. S
(Description) ti D. Cash Advances................. s l2' = f hru
Outer burial contaiger ........ . . . .
( Description) ARRA AL OF ALL SECTIONS . .......
A OF OR I � l is k w ...... 8- 7Z�'a -?,
BALANCE DUE ......... ............... .S • - -"'" -.
Acknowledgement cards ........... REASON FOR EMBALMING �/ S
Register book(s) ................ S A
Memory olders
Y If any law, cemetery, or crematory requirements have required the purchase
Prayer cards ..................... S of anp _ . l isted above the la or requirement is explained below.
Temporary grave marker ........... S L,- ',':G'
Burial clothing ................... S
1 agree that I have examined the items of goods and services selected above and foun thept tQ be correct and according to the arrangements 1 have requested. l acknowledge
receipt of a copy of this Statement of Funeral Goods and Services Selected. I rep a enr(tha4 ave sufficient funds available for payment of the cash price for the goods
and services selected. 1 also agree to make payment of 8 withi days. I agree to be jointly and severally liable with anyone else who
signs below. A late charge of per month amounting to er year will be applied to the unpaid balance beginning days
from the date of this agreement. I will 2150 pay to the Funeral Director all rea nable cbs s paid by the Funeral Director to collect amounts 1 owe under this agreement.
Those costs may include attorneys' fees, court costs and other costs. Any additional services or merchandise ordered or requested after the date of this agreement will
be considered art of this agreement and tpe cost thereof will be reflected on the final bill or statement.
(Seal) - �� . • jt i -� 2 �.� 'L -- - -- •�•
(Purchaser)
(Seal) rL�y—
(Purchaser) ! .(Licensed Funeral Dir 'or)
WHRE- Funeral Dirccn +r YELLOW - Cueinmcr '
Application fol 'roue Life Insurance for Great 'estern Pre
need Plans to
GREAT WESTERN INSURANCE COMPANY
3434 Washington Blvd. Ste. 100 • Ogden, Utah 84401 • (800) 621 -5688
(Please Print)
INSU INF CE I NFORMATIO N
Full Name Face �s Total Paid
Total
-- - -- - - -- - Amount $ ! > 'q) . to Agent $ �'/ 7t
Soc Sec urity # Sex /1 Face Modal
- - -- -- - - - — - -- - - Base Plan Amount $ Pre $
Birthd (M/ /Y) % % D
lS AQe t7 - - � - -T --
- -- _ _ b C� -v - own Payment Face Premium
Mailing Address Rider-Optional u
ptil I Amount $ :Amount $
�� c.�� � s -T's �c•,c :: .rte sr _
Grandchild Rider (complete additional
application) Premium Arnt $ o
City
Away -From -Home Supplement Rider I Premium Amt $ E
-- - - -- r---J - -- — Payment ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
State ��} -- Zi p Method Single 1 yr 3 yr 5 yr 10 yr Mo Qtr Semi Ann 3
---- - ------------------------
Telephone # Coupon ❑ Automatic Bank Plan °
Book Withdraw � Code
Special Instructions
OWNER CIRCLE ONE cn
c
Full Name
3
1
:J
C
Relationship B ENEFICIA R IES
U
Social Security # Sex
Primary
Address
Re p E
C ity, State, Zip / s
Social Security # 3
Telephone # ( )
Address
a
PR IMA R Y r P HYSICIAN
C
Complete only if applying for First -Day coverage. C ontingent
Name Re lationship 0
Address —
Social Security # T
Address t
Telephone # ( )
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false
information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
ASSIGNMENT
;R�Yes ❑ No } I�her b V /irrrevocabb ssign and trams er 11 the benefits and proceeds of this certificate to
Initial Approval / -�` " P t- � as their interest may a ppear. y pp ar. I understand fully the effects of
this assignment and transfer. It is my intention as owner to continue to pay premiums and retain ownership.
Does the applicant have any existing life policy or annuity?
JA No or ❑ Yes If yes, please complete a replacement form.
AP312 -0905 Copies 1 and 2: Horne Office Copy 3: Agency Copy 4: Insured Page I of 2
INSURED'S NAME �,9JLO
� � 1
1. Now or within the last two years, has the insured been, or been told to be and refused to be,
hospitalized or in a nursing facility? Yes No Initial
2. In the last two years, has the insured been diagnosed, treated, or prescribed drugs by a healthcare provider for any
of the following diseases? Cancer, Tumor, Insulin- Dependent Diabetes, Human Immunodeficiency Virus (HIV),
Acquired Immune Deficiency Syndrome (AIDS), or Acquired Immune Deficiency Syndrome - Related
Complex (ARC), any Disorder of the Blood, Kidney, Lung, Brain, Heart, Circulatory System or Liver? ❑
I affirm that both the above health questions have been answered correctly. If either of the health questions is answered "yes," or is
not answered, I will be issued a certificate with a two -year limited death benefit, per thousand dollars of face amount as out-
lined below:
Plan Tyne 1st -Yr Monthly 12th Month 2nd -Yr Monthly 24th Month 25th Month Value Initials
Increases Value Increases Value and thereafter
❑ 1 -Yr $94 $1,000 _
$1,000 $1,000
❑ 3 yr $41
$ 500 $41 $1,000 $1,000
❑ 5 -yr $33 $ 400 $41
$ 900 $1,000
❑ 10 -yr $25 $ 300 $33
$ 700 $1,000
AGREEMENT
By signing below, I agree that: (1) To the best of my knowledge and belief, statements in this Application are complete
and true. (2) When the certificate is delivered, the Insured must be alive and in the same health as described above or
there will be no insurance. Also, the full premium for the chosen period must be paid by the time the certificate is deliv-
ered. (3) By accepting the certificate, I approve any change(s), correction(s), or addition(s) that Great Western made
when issuing it. If my approval requires written consent, a form will be included.
Authorization: By signing below, I approve of any healthcare provider, medical facility, or other person, including a
Veterans Administration Hospital, giving the Great Western Insurance Company any records or information it needs
about the Insured's health. A copy of this approval will be as effective as the original. This approval is only valid for
30 months. The Insured, or a person authorized to act on behalf of the Insured, is entitled to receive a copy of this
authorizatio on re uest. I a firm that no illustration was used in th al this pro uct.
Signed at �C � P(.S vet. r , _2 1 Z 71 !tr() 6 Insured
City and State Month Day Year nt or G rdi J e Insure
Owner Agen #
If Other Than Insured Replacemen of insurance is inv ed. YES
To the Applicant: You should hear from the Company within sixty days of the application date. If u don't, state the acts
of your application in a letter to the Secretary of Great Western Insurance Company at the address listed above.
PLEASE ATTACH A VOIDED CHECK
Your Financial Institution's Name (DEPOSITORY)
Your Financial Institution's Cit and State
Your Transit (ABA) No.
(The first nine numbers on the bottom of the check)
Your Account No. ❑ Checking Account or ❑ Savings Account
I hereby authorize Great Western Insurance Company (THE COMPANY) to initiate debit entries. If necessary, THE COMPANY may
credit entries on the above named financial institution and account.
This authorization is to remain in full force and effect until THE COMPANY receives written notice of its termination. The notice must be
in such time and in such manner as to allow THE COMPANY and DEPOSITORY reasonable time to act (minimum of three weeks).
Authorized Signature:
Authorized Name (please print)
Date Withdrawal Date
Page 2 of 2
GREAT WESTERN INSURANCE COMPANY
3434 Washington Boulevard, Ogden, UT 84401
Non - Participating Group Whole -Life Certificate
^rent Western Insurance Company certifies that the Insured listed below is insured under the Great Western Pre- Need Plans
.Troup Life Policy ( "The Policy ") subject to the provisions and conditions contained in the Policy.
Policyholder: Great Western Pre -Need Plans Trust
Certificate Number: 811W839
Covered Person: IVAN L SARVER
Face Amount: $7,200
Certificate Date: February 27, 2006
Age Last Birthday: 80
Plan Type: Single Premium Whole Life Insurance
Plan Number: B11
Beneficiary: CHERYL ANN NICKEL
Assigned to: AnERS FUNERAL HOME INC.
Semi- Coupon PAC
Annual Annual Quarterly Monthly Monthl
Total Premium 7,200.00 N/A N/A }
/ N/A N/A
DEATH BENEFITS
Great Western Insurance Company ( "we ", "us ", "our ") will pay a Death Benefit to the Beneficiary on the death of the Insured.
The amount of the Death Benefit applicable to the Insured is the amount shown on the Table of Death Benefits for the year in
which death occurs. In addition, if the Face Amount is $2,000 or more, and if death occurs more than 250 miles away from the
Permanent residence of the Insured, an additional death benefit of $500 will be paid.
The Death Benefit will be paid when we receive due proof that the Insured's death occurred while this Certificate was in force.
Where required by law, the minimum required rate of interest will be added to the Death Benefit for the period from the date of
death to the date of payment. The Death Benefit may be increased by resolution of our Board of Directors.
PREMIUM PAYMENTS
General
All premiums are payable by the Certificate Owner ( "Insured" or the "Purchaser," if other than the Insured) in advance
either:
1. At our Home Office, or
2. To our authorized Agent in exchange for a receipt signed by our President or Secretary and countersigned by the Agent.
The first premium is due on the Certificate Date. Each premium, after the first, is due at the end of die period for which the
preceding premium was paid.
THIRTY -DAY RIGHT TO EXAMINE: We want you to be satisfied with the coverage you have purchased. Please
examine this certificate carefully. If, for any reason, you are not satisfied, you may return the certificate to us within thirty
days after you receive it. We will cancel your coverag and refund all of the premium paid
GRPCERT -610 0503
1
GREAT WESTERN INSURANCE COMPANY
STATEMENT OF COST AND BENEFIT INFORMATION
POLICY ANNUAL GUARANTEED GUARANTEED
YEAR PREMIUM DEATH BENEFIT CASH VALUE
1 7,200 7,200 5,708
2 7,200 5,789
3 7,200 5,866
4 7,200 5,941
5 7,200 6,011
6 7,200 6,077
7 7,200 6,141
8 7,200 6,202
9 7,200 6,262
10 7,200 6,321
11 7,200 6;383
12 7,200 6,447
13 7,200 6,516
14 7,200 6,593
15 7,200 6,678
16 7,200 6,772
17 7,200 6,870
18 7,200 6,966
19 7,200 7,043
20 7,200 7,200
AGE 60 N/A N/A
AGE 65 N/A N/A
ienefit:
Single Premium Whole Life Insurance
Additional Death Benefit for Death Occurring Away from Home if the Face Amount is Greater than $2000
Death Benefits are as of the beginning of the certificate year and based on annual premium payments. Actual Death Benefits will vary with
actual premiums paid. Cash Values are as of the end of the certificate year.
JFE INSURANCE COST INDEX: Life Insurance Cost Indexes are not applicable to this certificate.
'OOTNOTES:
For inquires regarding this certificate summary please contact:
The Company's Home Office or Your Agent Send Pohcy To: Funeral Home
Great Western Insurance Company BOYD MYERS ]R
3434 Washington Blvd. C/O MYERS FUNERAL HOME,INC
Ogden, Utah 84401 37 E. MAIN STREET, MECHANICSBURG, PA 17055
800 - 621 -5688 717 -766 -3421
?. The maximum certificate loan interest rate is 8 %, charged in arrears.
>. This certificate is non - participating. The Death Benefit may be increased by resolution of our Board of Directors.
1. Covered Person:
IVAN L SARVER -3167
200 EAST COOVER ST
MECHANICSBURG PA 17055
Policy Number: 3 Date Prepared: September 19, 2011
Policy Form: G610 -0503 B11 Age Last Birthday: 80
Policy Holder: Great Western Pre -Need Plans Trust Certificate Number: X8839
1 hereby acknowledge receipt of my certificate from Great Western Insurance Company and a copy of the Statement of Cost
and Benefit Information.
Signature of Certificate Owner Date
GREAT WESTEP\N INSURANCE COMPANY
CERTIFICATE DATA
TABLE OF DEATH BENEFIT AND CASH, LOAN AND NON - FORFEITURE VALUES
Per Face Amount From Page 1, Mortality 1980 CSO MALE ALB,
Interest 4.5 ° io For Reserves and Nonforfeiture Values
Loan Interest Rate 8'/' heuistatement Interest Rate 6 ° /o
Single Prenuum V'/hole Life Insurance
Issue Age 80
End of Death Cash Initial Amount Percent
Year Benefit Value Paid Up
Paid Up
I
7,200 5,709 7,200 100.00
2 7,200 5,789 7,200 100.00
3 7,200 5,867 7,200 100.00
4 7,200 5,941 7,200 100.00
5 7,200 6,011 7,200 100.00
6 7,200 6,078 7,200 100.00
7 7,200 6,141 7,200 100.00
8 7,200 6,202 7,200 100.00
9 7,200 6,262 7,200 100.00
10 7,200 6,322
7,200 100.00
11 7,200 6,383 7,200 100.00
12 7,200 6,447 7,200 100.00
13 1,200 6,517 7,200 100.00
14 7,200 6,593 7,200 100.00
15 7,200 6,679 7,200 100.00
16 7,200 6,772 7,200 100.00
17 1,200 6,871 7,200 100.00
18 7,200 6,967 7,200 100.00
19 7,200 7,044 7,200 100.00
20 7,200 7,200 7,200 100.00
ACCIDENTAL DEATH: If the benefit option you selected includes an accidental death benefit, and
death occurs within the first two policy years and results directly and independently from accidental
bodily injury occurring while the insurance is in force and widen 180 days from the date of such
injury, an additional accidental death benefit will be paid to the beneficiary. The amount of such
a death benefit will be equal to the amount that when added to the death benefit shown above will
make the total amount payable equal to the Face Amount.
Certificate: X839 Insured: IVAN L SARVER
GRPCERT- 6.10,.0503 -
. ,� P►pp�ica n'"i.�o rt�r' o p � �e �►,�..r ���� �- ,n , .� .��. . _ 6
^ �-���_ ��r � estern Yreneed Ptans to
EXHIBIT" "B"
MYERSuBUHRIG
FUNE RAL HOME XREMATOR
Poi >i :i:1' L. BUIIRIG. Ilk, SUI'ERVIS01'
Credit To: * 0 R E I I T M lot" M 0%
Cheryl Ann Nickel
11 Burgners Mill Road Credit Memo Number: C10012
PO Box 31 Credit Date: May 21, 2011
Plainfield, PA 17081 Page: 1
Name of Deceased Date of Death Note
Ivan Leroy Sarver 05/18/2011 Special Credit
Quantity Item Description Unit Price Amount
PS Professional Services 4,020.00
FSE Facilities, Staff and Equipment 1,192.00
V Vehicles 1,080.00
M Merchandise 1,445.00
CA- Cemetery Cash Advance - Cemetery 217.00
S ubtota 1 7,954.00
Sales Tax
Freight
Invoice No: 10040 TOTAL 7,954.00
Past due accounts are subject to late charges of 1.5% per month.
Robert L. Buhrig, Jr., FD, CFSP, Supervisor - Melissa A. Etter, FD - (717) 766 -3421 - fax: (717) 795 -7291
Director c -Myers- Buhrig.com - 37 East Main Street - Mechanicsburg - Pennsylvania - 17055
M - 1" - ERSnBuHR1G
t.. lit. stin.1" is0iz
8i11 To:. NVOWE
Cheryl Ann Nickel
11 Burgners Mill Road Invoice Number: 10040
PO Box 31 Invoice Date: May 21, 2011
Plainfield, PA 17081
Page: 1
Name of Deceased Date of Death Payment Terms Funeral Director
Ivan Leroy Sarver May 18, 2011 Net 30 Days Robert L. Buhrig Jr.
Item Number Quantity,- Description , Unit Price Amount
PS Professional Services $ 4,020.00
FSE Facilities, Staff and Equipment $ 1,192.00
V Vehicles $ 1,080.00
M Merchandise $ 1,445.00
CA- CemetE Cash Advance - Cemetery $ 1,335.00
CA- Newsp, Cash Advance - Newspapers $ 385.00
CA- Clergy Cash Advance - Clergy $ 100.00
CA -Death Cash Advance - Death Certificates $ 48.00
CA- Flower: Cash Advance - Flowers $ 200.00
CA -Honor ( Cash Advance - Honor Guard $ 100.00
M Merchandise - Flag Case, Beveled Glass $ 85.00
Subtotal $ 9,990.00
Shipping $ 0.00
Sales Tax $ 0.00
Total Invoice Amount $ 9,990.00
Payment /Credit Details: C10012 Payment/Credit Applied $ 7,954.00
TOTAL DUE $ 2,036.00
Past due accounts are subject to late charges of 1.5% per month.
Thank you for allowing us to serve you and your family.
Robert L. Buhrig. Jr., FD, CFSP. Supervisor - Melissa A. Etter. FD - (717) 766 -3421 - fax: (717) 795 -7291
Dlrectors@Myers- Buhrig.com - 37 East Main Street - Mechanicsburg - Pennsylvania - 17055
EXHIBIT "C"
DEATH CLAIM FORM F a
GREAT WESTERN INSURANCE COMPANY d�
m� X1,15
CLAIM FILING PROCEDURES paid will be made immediately upon receipt of this -
O Complete the front of this form and fax it to Great form; all other amounts will be paid after the med-
Western Insurance at 1 -801- 689 -1392 ical information and death certificate are received
El Send a copy of the completed death certificate (need and reviewed.
not be certified) to the Home Office within 30 days. ❑ Claims on policies where the funeral home is not an
assignee or beneficiary must be accompanied by a
❑ Claims on First -Day coverage policies, within the valid assignment with family signature and a filed
two -year contestable period, need to have a com- death certificate.
pleted death certificate indicating the cause of death
attached to this claim form and the Medical ❑ Any questions should be directed to the Claims
Information Authorization, on reverse, completed Department at the Home Office, 1- 866 - 689 -1402.
before payment will be made. Refund of premiums ❑ Remit an itemized statement (highly recommended).
Proof of Death — to be completed by the Funeral Director /BeneficianjlAssignee
Name of Insured .1..yaG Le SayNe1.- Policy # � 93
Social Security # l9 4 - 7 Birth Dat ' 9;t Death Date O l
Primary Cause of Death: Natural ❑ Accidental ❑ Suicide
Is the Away- from -Horne Benefit being applied for? ❑ YES )EJ NO
(this benefit is for death occurring 250 or more miles from primary residence, on a policy of $2,000 or greater)
Family Representative arranging services L. 5xi e
Amount to be paid to Funeral Home X Entire Benefit or ❑ Specific Amount $
and the balance to (please provide address below)
I certify as a legal representative of the listed funeral home that: 1) we are providing the funeral
services and merchandise for the deceased insured, 2) we have legal claim on the proceeds of the
policy by assignment or as beneficiary and authorize their release, 3) we agree that this payment
will discharge in full all liability of the company under the Policy(ies), and 4) we will indemnify
Great Western Insurance Company if the policy proceeds are paid to us incorrectly.
Funeral Home Qynj Xw a '4 coy ,License # FR D 13 8 9 D
Address _ ✓Y�_:r� r5'� _ . Wln�vli5bcv�n_ . iP.A (7
treet Number /PO Box Number, tity, State, Zip
-- Phone # (7 1 - 7) 7" Date 11
Signature of Licensed Fune ctor/Funeral Home Representative
WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any
insures•, makes any claim for the proceeds of insurance policy containing any
false, incomplete, or misleading info"nation is guilty of a felony.
I certify that I am the Beneficiary of the policy(ies) listed above and entitled to grant release of the
proceeds. I agree that such payment shall discharge all liability of the company under the
policy
X C Date 1 1 1 D 1 1
Signatu of BenL -' y /Legal Family Representative
01 ck iM , , 51� ma 6 f)hle P!} 170917
Street Number /PO o�Number, City, State, Zip
G134 -0107
Th:s is to certify that this is a true copv of the record which is on file in the Pennsylvania Department of Health, in accordance with
the Vital Statistics Law of 1953, as an 'ed.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
'tip
Marina O'Reill y Matthew
o i
=- Z Acting State Registrar
62140 = � DE'��?�
No. ttt JUN 0 8 2011
,, ,,,,, fil1
Date
H105-113 REV t12036 COMMONWEALTH OF PENNSYLVANIA . DEPARTMENT OF HEALTH a VITAL RECORDS
TYPE / PRINT IN
P ERMANENT
BLACKINK CERTIFICATE OF DEATH
(See Instructlons and examples on reverse) STATE FILE NUMBER
1. Name of Decedent (Fist, middle, bud, sulfu) 2. Sea 1 3. Social Sealy med Na a. Dead of Death (Meth, day, year)
Ivan L. Sarver male 4W ice! 1947 5/18/2011
B. Age (last Blame') Under 1 M Undar 1 day 6. Data BIM (Month, day. ea 7. ice C' and stile or fare n aunt Se. Nam of Death (Chad on one
Abnds D.p .bus MvMd Haspiul: other:
85 rrs. 6/26/1925 Liverpool, PA ❑hIsdanl ❑ER / Odidided ❑DOA I'ItHorsin ❑ Reddmos S pe
Bb. County of beam Bc. 7 Bodo, Tep. of Death Bo. FwF4y Name 01 not institution. give steel and numbeq 9. Was Decedent d
Ifi�spanb Origin? No ❑Yes ID. Ram: American lnden, Blatl; Whit, etc.
(II yes, .pally Cuban, (Spw'ly)
Cumberland i'Carl'2s;le; J-c••rt: Church of God Home Inc. MadanPadoflitan,em.)
11. Demd ua
enYs USE atie ROd al wankMm Mrim mat of wwkin Ise. Donal slate refire 12. Wav Decedent Na in the 13. DemdenYS Education ISpadly ey highest grade ampleled) 1a. Medal Status: Moored, N-1 Mended. 15. Sunvirng so-. gl wile, give marten rams) Whi
N1M d Work Kntl /ntlustry U.S. Amrotl Forest Elementary I Secondary (0.12) College (1d or 5T) Wmowad. Divorced (Spedy)
Foreman US Govt. R] Yes ON. 3 married Betty M. Heimbaugh
16.0 -Hers Malting Add-(Smi dy /lon,state, zipcode) Deeetlem's Old Decedent
11 Burgners Mill Rd . ActualResidlena 17a,Sldta PA Live ina 17C R1 Yes. DecadonlUvedIn West Pennsboro T
Plainfield, PA 17015 17b. Count Cumberland Te -hi 17d❑ No, DeamdolLNSdwMn wp
1B. Fe1MYs Norma (Pod, m ndfia
middle, IB51. )
19. MDlhe(c Name (First middle, maiden sulileme) Actual Limits of c yygom
Charles Sarver Nora Dillman
20o Informant's Name (Type / Print) 20b. Intendants Meting Add.. (Street dr / town, stele, sp oo ")
Cheryl A. Nickel 11 Bur ners Mill Rd. Plainfield PA 17015
21.. Method of Disposition ❑ Clenegoky ❑ DOratbn 21b. Deli of Dlepoellon (Month, day, year) 21c. Ran of Dt*.Sition (Name d epmlery, enamatorya og,an pInml 21d. Locafie (City/town, ales, dip �Ode)
w Burial El Removdto.Slate I We. Cremation orponatfon 5/21 /2011 Mechanics Cemeter
✓� _ ❑ Othar•S r by Medal Ecunln.r /COranen ❑ree ❑ND 4 y Mechanicsburg PA 1705
' 22a Signs M licernsee for peson a such 22b. license Numhe 22c
Name and Address d
Fa
► FD1 3 Myers- Buhrig FH & Crematory 37 E. Main St. 1
Candor ants -c ony namong 23a. To the beef Dlm kawletlge, death ocamedel Ina time, data and plem stated.(Siredum and UPS) P A Ucenee Nunosr 23c Dale S' y
a
phinSle. Is not avallede at (me of death b (1� (� �{ D� /� �1 U r+ p� (Month. da u , •7 �� dify muse of death 6- !A L) U 1AjL1 41 E > 53 2 b I k' ' S OW I is,', , I
Imp 2e 26 must be ampbled by person 2e. Tune d Death � 25. Data Pra Dead (Month, y, Imer)/�) 26. Was Co. Rdened b Medical Examiner / Canner for a Reese Ot er than CnS.mh a Donation?
who p-.. Meth l0 � M , y / [8 O`�ol i ❑ Yes 1K No
CAUSE OF DEATH (See Instructions and examples) Approximate Interval: Pad g:Entar other siendficam cenen' • meta' roe lh 2B.Did7obeao USa Mobulelo Death?
hem 21. Pad I: Enter the dusky of events - dsases, hjure s, as 'replications • that directly mused the death. DO NOT enter tom rat evens such as cardiac nest, Onset ID Death but Ind resulting n the urdm1yfrV muse give n Pan L El Yaa Proba
nsptrdary arrest, m venbhulad fib ff elien weheul showing the embW. W oNy one muse on each lira. � ❑ No ❑ Unknown
IMMEDIATE CAUSE IF Idaeam or
�```L condfion ds uhug h death) a q J' c . H O Wl dE n ` Li k. 5 29. II Fismde:
W , Due to loci as a consequarm oQ! ❑ Net pnegoom.0iin pest year
I et Se WIN gel oond=. A any, b. ❑ Pregnant f d death
Ent., n its NG CAUSE a. D to
Enbr h UNDERLYING CASE (ar u e n,rsegnnee aQ: I ❑ Na
(dheese a Injury that Mtialed the at dleam �anl. but prea,am .01n 42 ears
evens resulting n aaalN LAST, c Due m (at M e crosegarce oQ: i ❑ Net pegyrem, b pmgwd 43 days 101 year
t before Meth
d. j ❑ UNuem, If pmpsN witldn Dw pad year
30e. Was rs ANMV 306 Wan Autopsy Fndngo 31�. Ma�nner d Death 32a. Date of Injury (Meth, day, year 32b. Dmcdre How Injury 0canetl 32c. Pka d Injury. Hero, Fem,, $heel, Factory.
Porianned7 AveiaDle Pdor to ODmpbtie Lt� `N.. ❑ Homicide ONroe Butidug, .IC. (Sp )
y of C= Dealh7
•-� 11 Yes lJ No El Yes ❑ No E Aonnnt ❑ ple deg lmeafigatbn 32d. Tine of Injury 32e. Injury at Work? 321. II Tronseemation Iryury ($peaty) 32g. lnmlun of Injury (Street, city / tam, stale)
❑ Sddde ❑ Could Nal be Determined M ❑ Yes E] No ❑ D har /Operator ❑ Passenger ❑ Pedestrian ❑Other -SP_*
33. Canis, cM only 33b Sigislum gaol
d
( . rtifnr
• Certifying phy.ld.n (Physi Jen codifying mesa of math when another physbbn has pdaanmd death and mopkted Item 23) if l� UJ
TO mabntdmY S owledg
ne, death occurred duo to the auags)and manner m
. l. d____ _____ _______ _________________ k
yJ ► /�. . Y
Pronouncing and arifyng phyelcI m m (Physidan both pronouncing death and mrsfyi g to mum mu of dead 33c Umeas NwMer OX M S Dale Signed IM rxdh, day, year)
To the best ofmyanowlWgs,MeN occurred at Na time,M M n
te,sntl plan, and mmneru d _ _ - - _ _ - .led___________ ❑ Mf��zs
8 Medical Enner
milCaranv YY
o On the basis of uamindlon and l or Investigation, In my opinion, Meth mourred at IM time, date, and plsm, and dw to the cause(.) and manner sit stated.. ❑ ga. Nama ire( \ Yldmas al sae Who Campbletl Cause (Aim 27) Type /Pdnl
35. eg' ignaNr Di 'them 36 Data F.I d (Month, day. year) 4/a i Cr L L✓n�`� I•Q, - ✓/ 01.0
► fa II IvZ l .I �� Mn•19 206
Dlsposkicin Permit No. 0599462
EXHIBIT "D"
GREAT
a WESTERN
Insurance Company
January 4, 2012
Robert Buhrig
Myers- Buhrig Funeral Home & Crematory LLC
37 E Main Street
Mechanicsburg, Pennsylvania 17055
Re: Ivan Sarver Death Claim
Policy Number 3 3 9
Claim pending
Dear Mr. Buhrig:
This is to update you on the status of the above referenced claim. As you are aware, the original
death benefit payment was misdirected to the Myers Funeral Home owner's former bank
account. We have requested the assistance of the Chief Detective and the Prosecutor with
Cumberland County District Attorney's Office to recover these funds from his bank.
We unfortunately are unable to pay the death claim until we recover these funds. However, we
will pay the statutorily prescribed interest rate on the delayed payment. Per §40 -37 -120.1 of the
Pennsylvania Insurance Code, the required rate is the same as monies left on deposit with the
insurer. We are currently paying 2.45% simple interest. The interest will be calculated from the
date of death to the date of payment — yet to be determined.
We will continue to update you as to the progress of the recovery. While the cause of this
rnisdirection was through no fault of our own, we sincerely regret the -delay and hope to recover
the funds and settle the claim as soon as possible.
Sincerely,
Fred L. Meese
Chief Financial Officer
3434 Washington Blvd.
Suite 100
Ogden, Utah 84401
800 621 5688
F 801 689 1391
gwic.com
VERIFICATI ®N
I verify that the facts set forth in this Complaint are true and correct 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 to make this verification on behalf of Myers - Buhrig Funeral Home and
Crematory, LTD, because of my position as Vice - President.
Date: A 2013 By
Michelle Buhrig
RAWLE & HENDERSON LLP _s= I E i=:0 T H i N O T A r,
By: Brian A. McCall
Identification No.: 83030 2013 OCT - 1 PM 1: 1} 1
Payne Shoemaker Building CUMBERLAND COUNTY
240 N. Third Street, 9th Floor PENNSYLVANIA
Harrisburg, PA 17101 Attorneys for Defendant
(717) 234-7700/234-7710 (Fax) Great Western Insurance Co.
MYERS-BUHRIG FUNERAL HOME • COURT OF COMMON PLEAS OF
& CREMATORY, LTD. • CUMBERLAND COUNTY
•
Plaintiff,
• CIVIL ACTION—LAW
v. • No.: 13-4631
•
•
GREAT WESTERN INSURANCE CO.,
Defendant. : JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearance on behalf of Defendant, Great Western Insurance Co. in the
above-referenced matter.
RAWLE & HEND . • LLP
Sian A. rail, Esquire
Attorney for Defendant,
Great Western Insurance Co.
Dated: .30 43
6790423-1
4
1
• CERTIFICATE OF SERVICE
I hereby certify that on this day, I caused a true and correct copy of the foregoing
document to be served on the following person(s) and in the manner as indicated below:
Via United States First-Class mail, postage pre-paid addressed as follows:
David R. Galloway, Esquire
54 E. Main St.
Mechanicsburg, PA 17055
Attorney for Plaintiff
RAWLE & HE 1 E ' SON LLP
By: •��''
Sr A. McCall Esquire
PA Identification No.: 83030
bmccall @rawle.com
Attorneys for Defendant,
Great Western Insurance Co.
Payne Shoemaker Bldg., 9th Flr.
240 North Third Street
Harrisburg, Pennsylvania 17101
(717) 234-7700 (phone)
(717) 234-7710 (facsimile)
Dated: ', ' `l3
6790423-1
RAWLE & HENDERSON LLP `' l it r-i t 3 THAN,
L fi
? f I a P:aUI I:114TYI
By: Brian A. McCall
Identification No.: 83030
Payne Shoemaker Building
240 N. Third Street, 9th Floor PENNS YLYA N1{
Harrisburg, PA 17101 Attorneys for Defendant
(717) 234-7700 /234-7710 (Fax) Great Western Insurance Co.
MYERS-BUHRIG FUNERAL HOME • COURT OF COMMON PLEAS OF
& CREMATORY, LTD. • CUMBERLAND COUNTY
Plaintiff, •
CIVIL ACTION—LAW
v. • No.: 13-4631
•
GREAT WESTERN INSURANCE CO., •
Defendant. : JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: Plaintiff, Myers-Buhrig Funeral Home & Crematory, LTD.
c/o David R. Galloway, Esquire
54 E. Main St.
Mechanicsburg, PA 17055
Attorney for Plaintiff
You are hereby notified to file a written response to the enclosed New Matter within twenty
(20) days from service hereof or a judgment may be entered against you.
RAWLE & HENDE ' t LLP
B : ✓L�-.
Br'. 1 A. Mc"a 1, Esquire
Attorneys for Defendant,
Dated:(7.70 • /3 Great Western Insurance Co.
6785197-1
RAWLE & HENDERSON LLP
By: Brian A. McCall
Identification No.: 83030
Payne Shoemaker Building
240 N. Third Street, 9th Floor
Harrisburg, PA 17101 Attorneys for Defendant
(717) 234-7700 /234-7710 (Fax) Great Western Insurance Co.
MYERS-BUHRIG FUNERAL HOME • COURT OF COMMON PLEAS OF
& CREMATORY, LTD. • CUMBERLAND COUNTY
•
Plaintiff,
• CIVIL ACTION—LAW
v. • No.: 13-4631
•
•
GREAT WESTERN INSURANCE CO.,
Defendant. : JURY TRIAL DEMANDED
DEFENDANT, GREAT WESTERN INSURANCE CO.'S
ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT
Defendants, Great Western Insurance Co., by and through its counsel of record, Rawle &
Henderson LLP, hereby Answers Plaintiff's Complaint with New Matter and hereby avers as
follows:
COMPLAINT
1. Admitted based upon information and belief.
2. Admitted.
3. Admitted.
4. Admitted in part, Denied in part. It is admitted that Plaintiff has attached a purported
Life Insurance Policy to its Complaint. The remaining averments are denied as stated, as the Policy
attached to Plaintiff's Complaint and identified and marked as Exhibit A is a writing that speaks for
itself. Any attempts to paraphrase, mischaracterize, or legally interpret the Policy is further denied
as a conclusion of law. It is denied that Myers Funeral Home, Inc. was Defendant's agent as Boyd L.
Myers, Funeral Director and Supervisor of Myers Funeral Home, Inc., was engaging in a pattern of
criminal and fraudulent activity whereby he was and diverting payment clients made for pre-arranged
6785197-1
funeral services to improper accounts. Such criminal acts and fraud are outside the scope of any
alleged agency relationship and would void any agency relationship between Myers Funeral Home,
Inc. and the Defendant. By way of additional answer, this paragraph sets forth a legal conclusion as
to which no responsive pleading is required. Strict proof thereof is demanded at the time of trial.
5. Denied as stated. The Policy attached to Plaintiff's Complaint and identified and
marked as Exhibit A is a writing that speaks for itself Any attempts to paraphrase,
mischaracterize, or legally interpret the Policy is further denied as a conclusion of law. The Policy
provides that arrangements were made between Ivan Sarver and Boyd L. Myers, as Licensed Funeral
Director for Myers Funeral Home, Inc. and that Ian Sarver would pay the Funeral Director all
reasonable costs paid by the Funeral Director to collect amounts owed under the agreement. The
benefits elected under the Statement of Funeral Goods and Services Selected were purchased by Ivan
Sarver and Cheryl Ann Nickel was named beneficiary in the Application for Group Life Insurance and
Certificate. Ivan Sarver voluntarily elected to assign and transfer all benefits and proceeds of the
Certificate to Myers Funeral Home. By way of additional answer, this paragraph sets forth a legal
conclusion as to which no responsive pleading is required. Strict proof thereof is demanded at the
time of trial.
6. After reasonable investigation,the answering party is without knowledge or
information sufficient to form a belief as to the truth or veracity of the allegations contained in
paragraph 6 of Plaintiffs Complaint, and therefore same are denied. By way of additional answer,
this paragraph sets forth a legal conclusion as to which no responsive pleading is required. Strict
proof thereof is demanded at the time of trial. Moreover, Plaintiff has failed to attach any copy of
the Purchase Agreement. However, prior to the alleged purchase, on March 16, 2010, Defendant
received payment instructions from Boyd L. Myers and Myers Funeral Home as to how the insurance
policies were to be paid. Specifically, Defendant was instructed to wire payment on insurance claims
6785197-1
to Boyd L. Myer's account at Graystone Bank. Defendant followed the procedures established by
Myers Funeral Home and fulfilled its obligation under the Policy and contract.
7. Admitted as per the Certificate of Death attached to Plaintiff's Complaint as Exhibit C.
8. After reasonable investigation,the answering party is without knowledge or
information sufficient to form a belief as to the truth or veracity of the allegations contained in
paragraph 8 of Plaintiffs Complaint, and therefore same are denied. By way of additional answer,
this paragraph sets forth a legal conclusion as to which no responsive pleading is required. Strict
proof thereof is demanded at the time of trial.
9. Denied as stated. The Credit Memo and Invoice attached to Plaintiff's Complaint
and identified and marked as Exhibit B are writings that speak for themselves. Any attempts to
paraphrase, mischaracterize, or legally interpret the documents is further denied as a conclusion of
law. Strict proof of same is demanded at the time of trial.
10. Denied as stated. It is denied that the Plaintiff made a claim on the policy on
November 1, 2011. Rather, the Death Claim Form reveals a fax date of November 9, 2011. By
way of further answer, the Death Claim Form attached to Plaintiffs Complaint and identified and
marked as Exhibit C is a writing that speaks for itself. Any attempts to paraphrase, mischaracterize,
or legally interpret the documents is further denied as a conclusion of law. Strict proof of same is
demanded at the time of trial. By way of further answer, a wire was sent from Defendant's bank
on November 9, 2011 for $8,249 for the claim to Graystone Bank as per instructions received from
the Myers Funeral Home on March 16, 2010. On November 10, 2011, Defendant was notified by a
woman named Michelle working for Myers-Buhrig Funeral Home that Meyers Funeral Home was
in bankruptcy and to send a check for the claim. Defendant was never notified prior to wiring
payment on the Claim that payment instructions had changed or that Myers Funeral Home was
purchased by the Plaintiff and that payment was to be directed to a new account held by Myers-
6785197-1
Buhrig.
11. Admitted in part, denied in part. It is admitted that Defendant honored its obligation
pursuant to the Policy and contract and paid the claim on November 9, 2011. Defendant paid the
claim as per instructions received from the Myers Funeral Home on March 16, 2010. On November
10, 2011, Defendant was notified by a woman named Michelle working for Myers-Buhrig Funeral
Home that Meyers Funeral Home was in bankruptcy and to send a check for the claim. Defendant
was never notified prior to wiring payment on the Claim that payment instructions had changed or
that Myers Funeral Home was purchased by the Plaintiff and that payment was to be directed to a
new account held by Myers-Buhrig.
12. Denied as stated. The January 4, 2012 letter is a writing that speaks for itself. Any
attempts to paraphrase, mischaracterize, or legally interpret the documents is further denied as a
conclusion of law. Strict proof of same is demanded at the time of trial. Defendant apologized for
the misdirection of the funds through no fault of its own. In fact, the payment was directed to the
Myers Funeral Home owner's (Boyd L. Myers) former bank account, pursuant to directions it
received from the Myers Funeral Home on March 16, 2010. Defendant was never notified prior to
wiring payment on the Claim that payment instructions had changed or that Myers Funeral Home
was purchased by the Plaintiff and that payment was to be directed to a new account held by Myers-
Buhrig. By way of further answer, as the funds were illegally, fraudulently and criminally
absconded by Boyd L. Myers, Defendant requested the assistance of the Chief Detective and the
Prosecutor with the Cumberland County District Attorney's Office to recover the funds from Boyd
L. Myer's bank.
13. Denied as stated. Strict proof of same is demanded at the time of trial. By way of
further answer, Plaintiff is aware of the criminal and fraudulent acts of Boyd L. Meyers who
misappropriated the payment at issue in Plaintiffs Complaint and that neither Defendant nor Plaintiff
6785197-1
has been able to recover these funds. In fact, Plaintiff admitted through its counsel by way of
correspondence on June 14, 2013, acknowledged the payment and advised of its desire to "transfer
fund from Boyd L. Myers, Jr.'s account to its own, [but] it does not have access Myers' bank accounts.
[A true and correct copy of the June 14, 2013 correspondence from David R. Galloway, Esquire is
attached hereto as Exhibit A]. Defendant denies any contractual or legal responsibility to make a
second payment under the policy or re-issue payment to the Plaintiff. Moreover, Plaintiff failed to
include through oversight and/or error as part of its purchase agreement with Myers Funeral Home the
personal and or business accounts of Boyd L. Myers.
COUNT I
Breach of Contract
14. Defendant incorporates herein by reference the averments contained in paragraphs 1
through 13 of the foregoing Answer as if fully set forth at length herein.
15. Denied. This paragraph sets for a legal conclusion as to which no responsive
pleading is required. Strict proof thereof is demand at the time of trial. Defendant fulfilled any and
all legal and/or contractual duty and/or obligation to the beneficiary and/or policy holder and acted
in good faith and fair dealing as it concerned the beneficiary and/or policy holder and may concern
the Plaintiff Defendant denies any breach of any contractual duty and/or of good faith and fair
dealing and/or bad faith in any manner whatsoever and demands strict proof at trial. Defendant
made full and final payment to the Boyd L. Myers pursuant to established procedure and the terms
of Policy. By way of further answer, Defendant denies any contractual or legal responsibility to make
a second payment under the policy or re-issue payment to the Plaintiff
16. Denied. This paragraph sets for a legal conclusion as to which no responsive
pleading is required. Strict proof thereof is demand at the time of trial. Defendant fulfilled any and
all legal and/or contractual duty and/or obligation to the beneficiary and/or policy holder and acted
6785197-1
in good faith and fair dealing as it concerned the beneficiary and/or policyholder and may concern
the Plaintiff. Defendant denies any breach of any contractual duty and/or of good faith and fair
dealing and/or bad faith in any manner whatsoever and demands strict proof at trial. Defendant
made full and final payment to the Boyd L. Myers pursuant to established procedure and the terms
of Policy. By way of further answer, Defendant denies any contractual or legal responsibility to make
a second payment under the policy or re-issue payment to the Plaintiff.
17. Denied. This paragraph sets for a legal conclusion as to which no responsive
pleading is required. Strict proof thereof is demand at the time of trial. Defendant fulfilled any and
all legal and/or contractual duty and/or obligation to the beneficiary and/or policy holder and acted
in good faith and fair dealing as it concerned the beneficiary and/or policyholder and may concern
the Plaintiff. Defendant denies any breach of any contractual duty and/or of good faith and fair
dealing and/or bad faith in any manner whatsoever and demands strict proof at trial. Defendant
made full and final payment to the Boyd L. Myers pursuant to established procedure and the terms
of Policy. By way of further answer, Defendant denies any contractual or legal responsibility to make
a second payment under the policy or re-issue payment to the Plaintiff. Plaintiffs lack of standing,
lack of privity to the contract, failure to notify the Defendant of its purchase of the funeral home,
failure to notify any change in payment instructions, and failure to protect itself from the fraudulent and
criminal actions of Boyd L. Meyers of which is was fully aware prior to purchasing the funeral home
and the payment under the instant policy further preclude the issuance of a second payment under the
Policy.
WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss
Plaintiffs complaint with prejudice, and deny the relief requested therein, grant judgment in the
favor of the Defendant and against the Plaintiff and grant such other and further relief as this
Honorable Court deems just and proper.
6785197-1
COUNT II
Bad Faith
18. Defendant incorporates herein by reference the averments contained in paragraphs 1
through 17 of the foregoing Answer as if fully set forth at length herein.
19. Denied. This paragraph sets for a legal conclusion as to which no responsive
pleading is required. Strict proof thereof is demand at the time of trial. Defendant apologized for
the misdirection of the funds through no fault of its own. In fact, the payment was directed to the
Myers Funeral Home owner's (Boyd L. Myers) former bank account, pursuant to directions it
received from the Myers Funeral Home on March 16, 2010. Defendant was never notified prior to
wiring payment on the Claim that payment instructions had changed or that Myers Funeral Home
was purchased by the Plaintiff and that payment was to be directed to a new account held by Myers-
Buhrig. By way of further answer, Defendant fulfilled any and all legal and/or contractual duty
and/or obligation to the beneficiary and/or policy holder and acted in good faith and fair dealing as
it concerned the beneficiary and/or policyholder and may concern the Plaintiff Defendant denies
any breach of any contractual duty and/or of good faith and fair dealing and/or bad faith in any
manner whatsoever and demands strict proof at trial. Defendant made full and final payment to the
Boyd L. Myers pursuant to established procedure and the terms of Policy. By way of further
answer, Defendant denies any contractual or legal responsibility to make a second payment under the
policy or re-issue payment to the Plaintiff. Plaintiff's lack of standing, lack of privity to the contract,
failure to notify the Defendant of its purchase of the funeral home, failure to notify any change in
payment instructions, and failure to protect itself from the fraudulent and criminal actions of Boyd L.
Meyers of which is was fully aware prior to purchasing the funeral home and the payment under the
instant policy further preclude the issuance of a second payment under the Policy.
20. Denied. This paragraph sets for a legal conclusion as to which no responsive
6785197-1
pleading is required. Strict proof thereof is demand at the time of trial. Defendant apologized for
the misdirection of the funds through no fault of its own. In fact, the payment was directed to the
Myers Funeral Home owner's (Boyd L. Myers) former bank account, pursuant to directions it
received from the Myers Funeral Home on March 16, 2010. Defendant was never notified prior to
wiring payment on the Claim that payment instructions had changed or that Myers Funeral Home
was purchased by the Plaintiff and that payment was to be directed to a new account held by Myers-
Buhrig. By way of further answer, Defendant fulfilled any and all legal and/or contractual duty
and/or obligation to the beneficiary and/or policy holder and acted in good faith and fair dealing as
it concerned the beneficiary and/or policyholder and may concern the Plaintiff Defendant denies
any breach of any contractual duty and/or of good faith and fair dealing and/or bad faith in any
manner whatsoever and demands strict proof at trial. Defendant made full and final payment to the
Boyd L. Myers pursuant to established procedure and the terms of Policy. By way of further
answer, Defendant denies any contractual or legal responsibility to make a second payment under the
policy or re-issue payment to the Plaintiff Plaintiff's lack of standing, lack of privity to the contract,
failure to notify the Defendant of its purchase of the funeral home, failure to notify any change in
payment instructions, and failure to protect itself from the fraudulent and criminal actions of Boyd L.
Meyers of which is was fully aware prior to purchasing the funeral home and the payment under the
instant policy further preclude the issuance of a second payment under the Policy.
21. Denied. This paragraph sets for a legal conclusion as to which no responsive
pleading is required. Strict proof thereof is demand at the time of trial. Defendant apologized for
the misdirection of the funds through no fault of its own. In fact, the payment was directed to the
Myers Funeral Home owner's (Boyd L. Myers) former bank account, pursuant to directions it
received from the Myers Funeral Home on March 16, 2010. Defendant was never notified prior to
wiring payment on the Claim that payment instructions had changed or that Myers Funeral Home
6785197-1
was purchased by the Plaintiff and that payment was to be directed to a new account held by Myers-
Buhrig. By way of further answer, Defendant fulfilled any and all legal and/or contractual duty
and/or obligation to the beneficiary and/or policy holder and acted in good faith and fair dealing as
it concerned the beneficiary and/or policyholder and may concern the Plaintiff Defendant denies
any breach of any contractual duty and/or of good faith and fair dealing and/or bad faith in any
manner whatsoever and demands strict proof at trial. Defendant made full and final payment to the
Boyd L. Myers pursuant to established procedure and the terms of Policy. By way of further
answer, Defendant denies any contractual or legal responsibility to make a second payment under the
policy or re-issue payment to the Plaintiff Plaintiff's lack of standing, lack of privity to the contract,
failure to notify the Defendant of its purchase of the funeral home, failure to notify any change in
payment instructions, and failure to protect itself from the fraudulent and criminal actions of Boyd L.
Meyers of which is was fully aware prior to purchasing the funeral home and the payment under the
instant policy further preclude the issuance of a second payment under the Policy.
NEW MATTER
22. Defendant incorporates herein by reference the averments contained in paragraphs 1
through 21 of the foregoing Answer as if fully set forth at length herein.
23. Plaintiff's Complaint fails to state a claim upon which relief can be granted.
24. Plaintiff lacks standing to pursue payment under the Policy.
25. Plaintiff has no privity of contract with the Defendant and as such has no legal basis
or standing to enforce the claims asserted in the Complaint.
26. No omissions or conduct on the part of Defendant or its employee(s) contributed to
Plaintiff's alleged injuries and damages, if any.
27. Plaintiff's lawsuit is barred by the applicable limitation period.
28. Plaintiffs' lawsuit is barred by the time limitation to bring an action contained in the
6785197-1
policy.
29. Plaintiffs claims are barred or limited, in whole or in part, because plaintiffs have
failed to mitigate their damages.
30. Service of process was improper and/or insufficient.
31. Defendant may not have had any legal and/or contractual duty to Plaintiff.
32. Defendant fulfilled any and all legal and/or contractual duty and/or obligation and
acted in good faith and fair dealing as it concerns the Plaintiff.
33. Plaintiffs may have failed to provide their insurer and/or insurance company with
reasonable proof of the amount of the claimed benefits and actual entitlement to the benefits since
Plaintiff was not party to the contract nor has it shown proof of ownership of the contract as
beneficiary or otherwise.
34. Defendant followed the procedures established by Myers Funeral Home and made
payment pursuant to those established terms, and as such, has fulfilled the terms and it obligations
under the contract.
35. Plaintiff failed to notify Defendant the Defendant of its purchase of the funeral home
and of any change in payment procedures or instructions, and as such, it responsible for its own
alleged loss.
36. Plaintiff failed to protect itself from the fraudulent and criminal actions of Boyd L.
Meyers of which is was fully aware prior to purchasing the funeral home and the payment made by the
Defendant under the instant policy, and such voluntary acts and omissions on the part of the Plaintiff
preclude the issuance of a second payment under the Policy.
37. Plaintiff assumed all assets and liabilities through its Purchase Agreement.
38. Payment under the Policy of Insurance at issue was not part of the assets purchased
by Plaintiff and as such, Plaintiff has no legal or contractual right to payment.
6785197-1
39. Plaintiff has no ownership interest or standing as beneficiary to collect on the Policy
of Insurance at issue for which is seeks re-issuance of payment.
40. At all times material hereto, Defendant has acted in a reasonable manner with respect
to the payment of any benefits due to the actual beneficiary.
41. The intervening, superseding criminal and fraudulent acts of Boyd L. Myers void
all obligations of Defendant under the Policy and circumvent re-issuance of payment under the
policy.
42. Defendant's agent as Boyd L. Myers, Funeral Director and Supervisor of Myers
Funeral Home, Inc., was engaging in a pattern of criminal activity whereby he was and diverting
payment clients made for pre-arranged funeral services to improper accounts. Such criminal acts and
fraud are outside the scope of any alleged agency relationship and would void any agency relationship
between Myers Funeral Home, Inc. and the Defendant.
43. Bob Buhrig, as owner and Supervisor of Myers-Buhrig Funeral Home was aware of
the financial inconsistencies in the funeral home's accounts and the criminal and fraudulent activity
of Boyd L. Myers prior to buying the Myers Funeral Home, Inc., and as such voluntarily assumed
all risk of loss and liabilities upon purchase of the funeral home which includes the fraudulent,
illegal and criminal activity of the prior owner, Boyd L. Myers.
44. Bob Buhrig, as owner and Supervisor of Myers-Buhrig Funeral Home was aware and
discovered financial inconsistencies in the funeral home's accounts while preparing to buy the
assets of the Myers Funeral Home in 2011, before his alleged purchase in April of 2011 and prior to
the death of Ivan Sarver, and Defendant's obligation to pay under the policy, and as such
voluntarily assumed all risk of loss and liabilities upon purchase of the funeral home which includes
the fraudulent, illegal and criminal activity of the prior owner, Boyd L. Myers.
45. Plaintiff was and is aware prior to filing this lawsuit that Boyd L. Myers, Funeral
6785197-1
•
Director and Supervisor of Myers Funeral Home, Inc., was engaging in a pattern of criminal and
fraudulent activity whereby he was and diverting payment clients made for pre-arranged funeral
services to improper accounts. Plaintiff has taken no action to sue the responsible party for its loss.
46. Plaintiff has failed to join an indispensable and/or otherwise necessary party
to this litigation.
47. Any obligation to pay under the contract is void pursuant to the criminal and
fraudulent activity of Boyd L. Myers.
48. Answering Defendant acted without motive of self-interest or ill-will in all of its
dealings and communications with the Plaintiffs.
49. Answering defendant specifically denies any and all allegations of"Bad Faith"
contained in plaintiff's Complaint and demands strict proof of same at time of trial.
50. Plaintiff's claims are barred or limited, in whole or in part, by the doctrine of res
judicata and/or collateral estoppel.
51. Plaintiff's claims are barred or limited, in whole or in part, by the doctrines and
defenses of accord and satisfaction, payment and/or release.
52. Plaintiff's claims may be barred by consent and agreement, discharge in bankruptcy,
duress, or estoppel.
53. Plaintiff's claims are barred by failure of consideration and fair comment.
54. Plaintiff's claims are barred by fraud and illegality.
55. Plaintiff's claims may be barred by immunity from suit, impossibility of
performance,justification, laches, license, privilege, statute of frauds, statute of limitations, truth or
waiver.
56. The criminal, illegal and fraudulent conduct of Boyd L. Myers, including the
following violations and convictions, bar or limit Plaintiff's claims in whole or in part:
6785197-1
a) 18 Pa.C.S. § 4107(a)(6) -- Deceptive or fraudulent business practices;
b) 18 Pa.C.S. § 3922(a)(1) and (a)(3)—Theft by Deception;
c) 18 Pa.C.S. § 4117(a)(4)—Insurance Fraud;
d) 18 Pa.C.S. § 3927(a) -- Theft by failure to make required disposition of funds
received;
e) 18 Pa.C.S. § 4113(a)—Misapplication of entrusted property and property of
government or financial institutions.
f) 18 Pa.C.S. § 5111(a)(1)—Dealing in proceeds of unlawful activities.
57. Plaintiffs' claims are barred or limited, in whole or in part, by 42 Pa. C.S.A. § 8371.
58. Any award of punitive damages under 42 Pa. C.S.A. §83 71 on the facts alleged in
Plaintiffs' Complaint would be in violation of the eighth and fourteenth amendments to the United
States Constitution.
59. The within cause of action may be barred in whole or in part by contract, including
but not limited to Plaintiff's failure to adhere to conditions precedent to coverage under the subject
policy.
60. Answering Defendant owed no duty, legal, contractual, fiduciary or otherwise, to the
Plaintiff.
61. Answering Defendant breached no duty, legal, contractual fiduciary or otherwise,
owed to the Plaintiff.
62. Plaintiff has failed to credit Ivan Sarver and Cheryl Ann Nickel under its "rescue
package" and make financially whole these individuals who were victims of the fraud of Boyd L.
Myers and Myers Funeral Home.
6785197-1
63. At all times relevant herein, Answering Defendant, as of itself and by and through its
employee(s) and/or agent(s), acted in accordance with the applicable state and federal laws and
complied with all applicable codes, regulations and standards.
64. Plaintiffs claims are barred and/or limited by the statutes and laws of the
Commonwealth of the Pennsylvania and the laws, ordinance and rules of Cumberland County.
65. The negligent, criminal, intentional, and or fraudulent acts or omissions of other
individuals and/or entities, including specifically Boyd L. Myers, constitute intervening superseding
causes of the damages and/or injuries alleged to have been sustained by the Plaintiff.
66. Boyd L. Myers is solely and entirely responsible for the losses alleged sustained by the
Plaintiff as averred in its Complaint and for which restitution should be made.
67. Inasmuch as Pa.R.C.P. 1032 provides that a party waives all defenses not presented
by way of answer, Answering Defendants, upon advice of counsel, hereby asserts all of the
affirmative defenses set forth in Pa.R.C.P. 1030(a).
WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiffs'
complaint with prejudice, and deny the relief requested therein, grant judgment in the favor of the
defendant and against the plaintiff and grant such other and further relief as this Honorable Court
deems just and proper.
6785197-1
•
RAWLE & HE I ' SON LLP
By: t/ j_. II.
CD A. McCall Esquire
P• Identification No.: 83030
bmccall @rawle.com
Attorneys for Defendant,
Great Western Insurance Co.
Payne Shoemaker Bldg., 9th Flr.
240 North Third Street
Harrisburg, Pennsylvania 17101
(717) 234-7700 (phone)
(717) 234-7710 (facsimile)
Dated: . 36 • 13
6785197-1
EXHIBIT 44A"
LAW OFFICE OF DAVID R. GALLOWAY
54 E. Main St.
Mechanicsburg, PA 17055
Telephone: 717-697-4650 Facsimile: 717-697-9395
david(alwaltersgalloway.com
June 14,2013
Mr.Nathan D. Felix
GREAT WESTERN INSURANCE CO.
3434 Washington Blvd., Suite 100
Ogden,UT 84401
Re: Ivan Sarver Death Claim
Policy No. 1002588839
Dear Mr. Felix:
As you know, this office represents Myers-Buhrig Funeral Home & Crematory, LTD
(hereinafter"Myers-Buhrig"), in the referenced matter. We write to respond to your most recent
letter addressed to us.
In that letter, you indicated Great Western Insurance Company (hereinafter "GWIC")
followed the procedures established by the Myers Funeral Home and that Myers-Buhrig failed to
notify GWIC of any change to that procedure. To the contrary, despite numerous telephone
conversations with GWIC and a submitted Death Claim Form showing GWIC should make
payment to Myers-Buhrig, GWIC ignored all such requests and instructions and paid the claim to
Boyd L. Myers, Jr.; Boyd L. Myers, Jr., was a "supervisor" with the Myers Funeral Home and
has no interest, supervisory or other, in Myers-Buhrig.
Myers-Buhrig has been in regular contact with Detective Freehling. While Myers-Buhrig
would simply like to transfer funds from Boyd L. Myers, Jr.'s account to its own, it does not
have access to Mr. Myers' bank accounts.
In summary, if GWIC does not pay the referenced claim to Myers-Buhrig within twenty
(20) days from the date of this letter, we shall file, without further notice, the enclosed
Complaint. If you need additional time,please let us know.
Should you have any questions or concerns, please feel free to contact me at 717-697-
4650.
cry truly yours,
David . allo y
DRG/sh
Enclosure
cc: Ms.Michelle Buhrig(via electronic mail)(w/enc.)
VERIFICATION
I, Nathan D. Felix, hereby verify that I am an authorized representative for Great Western
Insurance Co. in the foregoing action and that the attached document is based upon the information
which has been gathered by me, my counsel and/or others on my behalf in preparation of the defense of
this lawsuit. The language of the document is that of counsel and is not mine. 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 contents of
document are that of counsel and/or others on my behalf, I have relied upon them in making this
Verification.
I further state that I am signing this verification on the reconunendation of my attorney who has
advised that the language in the foregoing document is required legally to raise issues for resolution by
the Court at trial. Further, I understand that some of these allegations may prove inappropriate after
investigation and trial preparation are complete and I leave determination of these matters to my attorney
on his advice.
I understand that intentional false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unswom falsification to authorities for any false statements made
herein.
ii i
Nathan D. Felix
As authorized representative for
Great Western Insurance Co.
Date: d 7 ,s-r t
6790421-1
CERTIFICATE OF SERVICE
I, BRIAN A. McCALL, ESQUIRE, hereby certify that I have this day served a true and
correct copy of the foregoing Defendant's Answer and New Matter to Plaintiff's Complaint on the
following person and in the manner indicated below:
By United States, First-Class Mail, Postage Pre-paid and addressed as follows:
David R. Galloway, Esquire
54 E. Main St.
Mechanicsburg, PA 17055
Attorney for Plaintiff
RAWLE & H NDERS I LLP
By: PP
n A. M all Es• ire
• Identifica ion o.: 83030
bmccall @rawle.com
Attorneys for Defendant,
Great Western Insurance Co.
Payne Shoemaker Bldg., 9th Flr.
240 North Third Street
Harrisburg, Pennsylvania 17101
(717) 234-7700 (phone)
(717) 234-7710 (facsimile)
Dated: 9' 3" ' 13
6785197-1
a
LED-tOFF ICE
David R. Galloway, Esquire '` T' 1'i707FiC?lylf,t4' Counsel for Plaintiff
Attorney I.D. 87326
26i3 Nay t
54 E. Main St. 3: 3g
Mechanicsburg, PA 17055 CUM6RLN COUNT Y
Telephone: 717-697-4650 PENNSYI v4N1J�
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
MYERS-BUHRIG FUNERAL HOME •
& CREMATORY, LTD. •
Plaintiff, • CIVIL ACTION—LAW
•
DOCKET NO: 13-4631
v. •
GREAT WESTERN INSURANCE CO., •
Defendant.
REPLY TO NEW MATTER
AND NOW, comes the Plaintiff by and through its counsel, David R. Galloway, Esquire,
and replies to Defendant's New Matter as follows:
22. Plaintiff incorporates by reference Paragraphs 1 through 21 of its Complaint as if
set forth at length herein.
23-33. The allegations contained in these Paragraphs are conclusions of law to which no
response is necessary.
34. Plaintiff is without information sufficient to form a belief as to the truth or falsity
of the allegations contained herein. To the extent a response is necessary, Plaintiff informed
Defendant that Myers Funeral Home, Inc. ceased operation. Plaintiff also informed Defendant of
the creation of Myers-Buhrig Funeral Home & Crematory, LTD and instructed Defendant to
remit payment to Plaintiff; a copy of the Death Claim Form showing Plaintiff's payment remit
instructions is attached to Plaintiff's Complaint as Exhibit"C."
35. Denied. To the contrary, Plaintiff informed Defendant that Myers Funeral Home,
Inc. ceased operation. Plaintiff also informed Defendant of the creation of Myers-Buhrig
Funeral Home & Crematory, LTD and instructed Defendant to remit payment to Plaintiff; a copy
of the Death Claim Form showing Plaintiff's payment remit instructions is attached to Plaintiff's
Complaint as Exhibit"C."
36. The allegations contained in this Paragraph are conclusions of law to which no
response is necessary. To the extent a response is necessary, the allegations are specifically
denied. To the contrary, Defendant deposited funds into Boyd L. Myers' individual bank
account instead of remitting payment to Plaintiff as instructed. Furthermore, Defendant, by letter
dated January 4, 2012, copy attached to the Complaint as Exhibit "D," acknowledged it
misdirected payment and promised Plaintiff to pay those funds. To date and despite repeated
demands, Defendant continues to refuse to pay said funds to Plaintiff
37. Denied. Plaintiff specifically denies it assumed all assets and liabilities of Myers
Funeral Home, Inc. To the contrary, Plaintiff purchased only certain assets of Myers Funeral
Home, Inc.
38-44. The allegations contained in these Paragraphs are conclusions of law to which no
response is necessary.
45. The allegations contained in this Paragraph are conclusions of law to which no
response is necessary. To the extent a response is necessary, the allegations are specifically
denied. To the contrary, Plaintiff has taken action against the responsible party under the Policy
by filing this lawsuit against Defendant.
46-61. The allegations contained in these Paragraphs are conclusions of law to which no
response is necessary.
62. The allegations contained in this Paragraph are conclusions of law to which no
response is necessary. To the extent a response is necessary, the allegations are denied. To the
contrary, Plaintiff issued a Credit Memo, attached to Plaintiff's Complaint as Exhibit `B,"
reflecting the credit provided to the Insured under the Policy. Additionally, a Statement of
Funeral Goods and Services Selected, attached hereto as Exhibit "A," reflects the credit provided
to the Insured under the Policy.
63-67. The allegations contained in these Paragraphs are conclusions of law to which no
response is necessary.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss
Defendant's New Matter with prejudice and deny the requested relief therein. Plaintiff also
requests this Honorable Court to enter Judgment in favor of Plaintiff and against Defendant, as
requested in the Complaint, and grant such other and further relief as this Honorable Court
deems just and proper.
Respectfully Submitted,
?5----
David R. Gallowa # 87326
Counsel for Plaintiff
EXHIBIT "A"
• Myers-Buhrig
Funeral Home 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 those 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
explain the reason in writing below.
If 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 you selected arrangements such as direct cremation or immediate burial.If we charged for embalming,we will explain why below.
For the Service of =xi.ais Lec-el Se,c-ve--t— Date of Death M. /1. —lei/
9H• q1-81.S-le I 1'7cs-/
Charge to: C'.l.ea-.)1 rrU�.,. + a.._..g IV■sc-kei // 8Ur-'ne�re • /i'1."// Qaa1 re GUr 3/� rIe-••e, C/ift9
9-/ HY &'I.S7 (1.z..r.,sNar�e Scrrer r :77cddre e u,.3_t CA..tYL. try �StatiF '
A. CHARGE FOR SERVICES SELECTED: Other dothing
1. PROFESSIONAL SERVICES
Services of Funeral Director/Staff $.2at.,.. Cremation urn $ —
Embalming $ 7 3.-S— (Description)
Other preparation of body OTHER $
*'HaC) $ ,_
$ TOTAL MERCHANDISE SELECTED B $ /`/'-I-S.--
SUB-TOTAL OF PROFESSIONAL SERVICES A l $LI J..2 0
C. SPECIAL CHARGES:
2. FACILITIES AND SERVICES Forwarding of remains to
Use of facilities and services for $
viewing(Visitation/Wake) $ s•29a (Funeral Home)
Use of facilities and services Receiving of remains from
for funeral ceremony $ .29 $
Use of facilities and services for (Funeral Home)
Memorial Service e Immediate Burial $
Use of equipment and services Direct Cremation $ —
for graveside service $ ,2 94.- $
Other use of facilities ` SUB-TOTAL OF SPECIAL CHARGES C $
Cl:..ii<..e ca..,rk '4-.29.' D.CASH ADVANCED
$ — Opening Grave $ e9 C O
SUB-TOTAL OF FACILITIES/EQUIPMENT A2 $ /1 9 a Cemetery Equipment $ .,?aS-
3. AUTOMOTIVE EQUIPMENT Lot and Deed ..a.! L $
Newspaper Notices-Local . o . $ 38-5-
Vehicle to transfer remains to Funeral Home Newspaper Notices-Out-of-town $ —Local $ 39s Telephone&Telegrams $
Hearse(Casket Coach) Airfare $ --
Local $ -�3`}J'_ Clergy/Mass Offering $ l ti l7
Limousine _ Pallbearers $
Local $ Certified Copies of the Death ..x.....$ `/k
Family car Certificate $ —1•oeal $ — Police Escort $ '-
Flower car or floral disposition Flowers $ X00
_
local $ Vault Service Charge $
Lead car/clergy car Menar 6— $ Jt 0
Local $ 9s' P)r. G.a e !k'•.nr/...1 6.4c i $ a7{-S"
Car for pallbearers $
Local $_ $
Out of town transportation $ — _ $
G=rya i 11e.-__yj $ /ii' SUB-TOTAL OF ADVANCES 0 $,2)C 3
SUB-TOTAL OF AUTOMOTIVE EQUIPMENT A3 $ )O SS 0
We charge you for our services in obtaining:
TOTAL OF PROFESSIONAL SERVICES, (specify cask advances that are marked-up) I
FACILITIES AND AUTOMOTIVE L.Je t e, aw �J J-i �J('`� 7e i:� e rt^r' "'7
EQUIPMENT A $ /i a25 a ,mil 1/ ChiI-. exe4 Vev-'N
B. CHARGE FOR MERCHANDISE SELECTED: SUMMARY OF CHARGES
Casket,�'Tt/-/�/.F..,tS $ 9.?.] A.Professional Services,Facilities and
�1 .P.C ns Equipment,and Automotive
(Description) /'f'�-1< ,,{.( ' I�k.l� Equipment $ 9-Z
Branze nit L a i4n-t i .Cn'.^e... B.Merchandise $ 1 NV S'
Other Receptacle $ C.Special Charges $
(Description) D.Cash Advances $..Z/03
Outer burial container L b'o^,S $ N3 0 TOTAL OF ALL SECTIONS $ YD
(Description) G;.-.c.-ej'C. tg oX f PAID AT TIME OF OR PRIOR TO Sr eoas4 Pre"--4
ARRANGEMENTS C r-e d,'f $(7)-1 I/
Acknowledgementcards i $ 3o BALANCE DUE $ I. RIO
Register book(s) $ 3 0 TREASON FORE G
Memory folders $ 3 U Hu`'�1,.o-zee `j.y -..^^+ ft'iY`j •
Prayer cards $ -- If any law,cemetery,or crematory requirem is have required the irchase
Temporary grave marker $ — of any of the items listed above,the law or requirement is a plained below.
Burial clothing $ — Ce-X,e1'k-7 .-et e..i.-rs b..-r)"C n i1 be-.r-i
C.Or.`►..Ids e r.
I agree that I have examined the items of goods and services selected above and found them to be correct and according to the arrangements I have requested.I acknowledge
receipt of a copy of this Statement of Funeral Goods and Services Selected.I represent that I have sufficient funds available for payment of the cash price for the goods
and.services selected.I also agree to make payment of$ F—../i within '3 t$ days.I agree to be jointly and severally liable with anyone else who
signs below.A late charge of I.-S7 per month amounting to Is-) per year will be applied to the unpaid balance beginning 3/ days
from the date of this agreement. I will also pay to the Funeral Director all reasonable costs paid by the Funeral Director to collect amounts I owe under this agreement.
T)ose costs may include attorneys' fees, court costs and other costs. Any additional services or merchandise ordered or requested after the date of this agreement will
be considered panto this agreer nttaan the os�t ereJof pill be reflected on the final bill or statement.
(Seal) C.- �'I'j�'` ^.1 J i'l,.7 1 , 20 //
urch:er) / (Date)
(Seal) i..t........ fry✓� /
(PurchaseD /t (Lie mineral Director)
M1■I'c'nnwlvania runer,iI nirec,or..A,se,ci.iiion L(y/'�/,(Ivlr�"'I'"� WHIM:Funeral Dircuor YELIAW Funeral Director PINK Cuaomer
form-600 Revised 1/04 x
1
VERIFICATION
I verify that the facts set forth in this Reply to New Matter are true and correct 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 to make this verification on behalf of Myers-Buhrig Funeral Home and
Crematory, LTD, because of my position as Vice-President.
Date: l I rj_ , 2013 By f
Michelle Buhrig
David R. Galloway Counsel for Plaintiff
Attorney I.D. No. 87326
54 E. Main Street
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: 13-4631
•
•
GREAT WESTERN INSURANCE CO.,
•
Defendant.
CERTIFICATE OF SERVICE
I, David R. Galloway, certify I served a copy of the within Reply to New Matter on this
date, upon Defendant by first-class Mail, postage pre-paid, addressed as follows:
Bryan A. McCall, Esquire
Payne Shoemaker Building
240 N. Third Street, 9th Floor
Harrisburg, PA 17101
Rectfillsubmitted,
By: ,
Date: November,? , 2013 David R. Gallo ay
Counsel for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
Myers-Buhrig Funeral Home &Crematory, LTD.
Plaintiff
NO. 13-4631 CIVIL TERM
VS
Great Western Insurance Company: =
Defendant
rn
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in t�r,
following form: r
--o
THE PETITION FOR APPOINTMENT OF ARBITRATORS -�Cr ;°
N-)
TO THE HONORABLE,THE JUDGES OF SAID COURT: r
David R. Galloway, Esquire , counsel for the plaintiff/defendant in the above
action(or actions),respectfully represents that:
1. The above-captioned action(or actions)is(are)at issue.
2. The claim of plaintiff in the action is$8,249.00+costs,fees,penalties and interest
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit
as arbitrators:
David R. Galloway, Esquire, Murrel R. Walters, Ill, Esquire and Brian A. McCall, Esquire
WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to
whom the case shall be submitted.
Respectfully submitted,
ORDER OF COURT
AND NOW, , 20 , in consideration of the foregoing
petition, Esq.,and
Esq.,and Esq., are appointed arbitrators in the above
captioned action(or actions)as prayed for.
By the Court,
a f•sue p,or. Q
/0 4A4, KEVIN A. HESS,P.J.
'o`it 3oaar��
David R. Galloway Counsel for Plaintiff
WALTERS & GALLOWAY, PLLC
Attorney I.D. No. 87326
54 E. Main Street
Mechanicsburg, PA 17055
Telephone: (717) 697-4650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MYERS-BUHRIG FUNERAL HOME
•
& CREMATORY, LTD.
Plaintiff, • CIVIL ACTION—LAW
• DOCKET NO: 13-4631
•
v.
•
•
GREAT WESTERN INSURANCE CO.,
Defendant.
CERTIFICATE OF SERVICE
I, David R. Galloway, certify I served a copy of the within Petition For Appointment Of
Arbitrators on this date, upon Defendant by first-class mail, postage pre-paid, addressed as
follows:
Brian A. McCall, Esquire
Payne Shoemaker Building
240 N. Third Street, 9th Floor
Harrisburg, PA 17101
Respectfully submitted,
WA TERS & GALLOWAY, PLLC
By:
Date: February 7 , 2014 David R. Galloway
Counsel for Plaintiff
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No.: 67353
By: Candace N. Edgar
Identification No.: 209127
Payne Shoemaker Building
240 N. Third Street, 9th Floor
Harrisburg, PA 17101
(717) 234 -7700 / 234 -7710 (Fax)
BO O7At ,
CUNBERL R w4 1 ; / 4
PEN NS YL NIA "'
Attorneys for Defendant
Great Western Insurance Co.
MYERS - BUHRIG FUNERAL HOME
& CREMATORY, LTD.
Plaintiff,
v.
GREAT WESTERN INSURANCE CO.,
Defendant.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CIVIL ACTION — LAW
No.: 13 -4631
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearance on behalf of Defendant, Great Western Insurance Co. in the
above - referenced matter.
Dated:
7173238 -1
RAWLE & HENDERSON LLP
By:
Candace N. Edgar, Esquire
Attorney for Defendant,
Great Western Insurance Co.
CERTIFICATION OF SERVICE
I hereby certify that on today's date I served a true and correct copy of the foregoing
document by first-class mail, postage prepaid, upon all attorneys of record and parties, addressed
as follows:
Dated: 3
7173238-1
David R. Galloway, Esquire
54 E. Main St.
Mechanicsburg, PA 17055
Attorney for Plaintiff
RAWLE & HENDERSON LLP
By:
Candace N. Edgar
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
Myers-Buhrig Funeral Home &Crematory, LTD. :
Plaintiff
. NO. 13-4631 CIVIL TERM
VS
Great Western Insurance Company: 6 n 1�
Defendant _t rr n ' ��
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in t) >. a `-','..,
following form: .< -o f`!
THE PETITION FOR APPOINTMENT OF ARBITRATORS -(Li, .r- `�-''
r.,,.)
TO THE HONORABLE,THE JUDGES OF SAID COURT: ='
David R. Galloway, Esquire , counsel for the plaintiff/defendant in the above
action(or actions),respectfully represents that:
1. The above-captioned action(or actions)is(are)at issue.
2. The claim of plaintiff in the action is$8,249.00+costs,fees,penalties and interest
I
The counterclaim of the defendant in the action is .
The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit
as arbitrators:
David R. Galloway, Esquire, Murrel R. Walters, Ill, Esquire and Brian A. McCall, Esquire
WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to
whom the case shall be submitted.
Respectfully submitted,
ORDER OF COURT
AND NOW, 2 Y , 20/7 , in consideration of the foregoing
I /
petition, I4t) 40(i_t ,) Esq.,and 41114[_ L �. ,
Esq.,and /I
q., /Y!� a,. `"T�_o,�z.(ii(, Esq., are .ppointed arbitrators in the a s ove
captioned a tion(or actions)as prayed for.
rnT �.
21T1
By the Court, .-;:o, r__,I rn t• ,....
4 13!.Q n A. l 4 ee4`rl &--$i KEVIN A.HES J. t--. =
4° '- &paces n1.a.1ed5 - '_-
3oaay_7 3/b/,y
/1/
1
MYERS-BUHRIG FUNERAL HOME
AND CREMATORY, LTD
Plaintiff
v.
GREAT WESTERN INSURANCE CO.,
Defendant
IN THE COURf OF COMMON PLEAS
CUMBERLAND COUNTY, PA.
: NO. 4631 CIVIL 2013
: (13-4631-CV) •
NOTICE OF HEARING
C)
cr
You are hereby notified that the above-captioned case has been
scheduled to be heard by the duly appointed Board of Arbitration on Tuesday,
June 17, 2014 at 9:00 a.m, in the second floor hearing room of the old
Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
By:
Kath en K. Shaulis, Esq., Chairman
John Feichtel, Esquire Member
John Ninosky, Esquire, Member
Date: March 24, 2014
David R. Galloway, Esquire.
Counsel for Plaintiff
Law Office of David R. Galloway
54 E. Main Street
Mechanicsburg, PA 17055
Brian A. McCall, Esquire
Candace N. Edgar, Esquire
Counsel for Defendants
Payne Shoemaker Biding, 9th Floor
240 N. Third Street
Harrisburg, PA 1710
THE LAW OFFICE OF
KATHLEEN K. SHAULIS, ESQ.
1633 WALNUT BOTTOM ROAD P.O. Box 1229
CARLISLE, PA 17015 CARLISLE, PA 17013
PHONE (717) 243-6655 FAX (717) 243-6618
EMAIL: -,+ ' ' ). r.
David R. Galloway, Esquire.
Counsel for Plaintiff
Law Office of David R. Galloway
54 E. Main Street
Mechanicsburg, PA 17055
John Ninosky, Esquire
Arbitration Board Member
Johnson, Duffle, Stewart and Weidner
310 Market Street, P. 0. Box 109
Lemoyne, PA 17043
Dear Counsel:
April 10, 2014
Brian A. McCall, Esquire
Candace N. Edgar, Esquire
Counsel for Defendants
Payne Shoemaker Biding, 9th Floor
240 N. Third Street
Harrisburg, PA 1710
John Feichtel., Esquire
Arbitration Board Member
Saidis, Sullivan and Rogers
635 N. 12th Street, Suite 400
Lemoyne, PA 17043
Re: Myers-Buhrig Funeral Home and Crematory, LTD, Plaintiff
v.. Great Western Insurance Company, Defendant
No 13-4631 CV
Enclosed please find a Notice re-scheduling this arbitration hearing in the above-
referenced matter for Thursday, June 26, 2014 at 9:00 a.m. in the fifth floor hearing room
of the Cumberland County Courthouse. The Courthouse is located at the corner of
South Hanover Street and South High Street in downtown Carlisle, Pennsylvania.
If the parties reach a settlement of the matter prior to the scheduled hearing,
please contact the undersigned so that an appropriate order can be issued by the court
and the other arbitrators notified of the settlement/cancellation of the hearing.
If you have any questions or concems, please contact me.
Enclosures
Since ly,
Kathleen K. Shaulis
Chair, Arbitration Board
MYERS - BUHRIG FUNERAL : IN THE COURT OF COMMON PLEAS OF
HOME, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
: CIVIL ACTION — LAW
: NO. 13 -4631 CIVIL
GREAT WESTERN INSURANCE :
COMPANY,
Defendant
ORDER
AND NOW, this 2 Y` day of April, 2014, the appointment of John Ninosky, Esquire,
as a member of the Board of Arbitrators in the above - captioned case is VACATED. Matthew
Ridley, Esquire, is appointed in his place.
BY THE COURT,
Kevin • . Hess, P.
A 74
-- -Kathleen Shaulis, Esquire
Chairman
Court Administrator
David R. Galloway
Attorney I.D. No. 87326
WALTERS & GALLOWAY, PLLC
54 E. Main Street
Mechanicsburg, PA 17055
Telephone: (717) 697-4650
Counsel for Plaintiff
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
MYERS-BUHRIG FUNERAL HOME
& CREMATORY, LTD. c-) r,,, t.
Plaintiff, CIVIL ACTION — LAWt Z-
zit
DOCKET NO: 13-46 im▪ p
GREAT WESTERN INSURANCE CO., > as r, -
Defendant. .,., - esu
CERTIFICATE OF SERVICE
I, David R. Galloway, certify I served a copy of Plaintiffs First Request for Production
of Documents to Defendant, on this date, upon counsel for Defendant by First -Class Mail,
Postage Pre -Paid, addressed as follows:
Date: April 25, 2014
Candace N. Edgar, Esquire
RAWLE & HENDERSON, LLP.
Payne Shoemaker Building
240 N. Third Street, 9th Floor
Harrisburg, PA 17101
Respectfully submitted,
By:
David R. Galloway
Counsel for Plainti
David R. Galloway
Attorney I.D. No. 87326
WALTERS & GALLOWAY, PLLC
54 E. Main Street
Mechanicsburg, PA 17055
Telephone: (717) 697-4650
Counsel for Plaintiff
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
MYERS-BUHRIG FUNERAL HOME
& CREMATORY, LTD.
Plaintiff, CIVIL ACTION — LAW
DOCKET NO: 13-4631
V. rriw
cot—
r—
,
>
._t
GREAT WESTERN INSURANCE CO.,
Defendant.
CERTIFICATE OF SERVICE
r
I, David R. Galloway, certify I served a copy of Plaintiff's Responses to Defendant's
Request for Production of Documents, on this date, upon counsel for Defendant by First -Class
Mail, Postage Pre -Paid, addressed as follows:
Date: May /I, 2014
Candace N. Edgar, Esquire
RAWLE & HENDERSON, LLP.
Payne Shoemaker Building
240 N. Third Street, 9th Floor
Harrisburg, PA 17101
Respectfully submitted,
By:
David R. Gallow
Counsel for Plai tiff
Myers-Buhrig Funeral Home and Crematory LTD In the Court of Common Pleas of Cumberland
Plaintiff
Great Western Insurance Company County,Pennsylvania No. 13 -4631
Defendant
Civil Action-Law.
Oath
We do solemnly swear(or affirm)that we will support,obey and defend the Constitution of the United States
an the Constitution of this Commonwealth and that WQ will discharge duties of our office with fidelity.
*Sig%mature Si W re Signature
Kathleen K. Shaulis John Feichtel Matthew Ridley
Name(Chairman) Name Name
Shaulis Law Saidis, Sullivan and Rogers Johnson,Duffle,Stewart&Weidner
Law Firm Law Firm Law Firm
P. Q. Box 1229 635 N.12th St, Suite 400 310 Market St., Suite 1400
Address Address Address
Carlisle PA 17013 Lemoyne PA 17043 Lemoyne PA 17043 -
City, Zip city, Zip city, Zip
Award
We,the undersigned arbitrators,having been duly appointed and sworn (or affirmed),make the following
award: (Note: If damages for delay are awarded, they shall be separately stated.)
(.0. ckyb,-�e& kLi?2ffq.Oo jp\UQ
J ,+C,O, av\& COL)Y+ CoS
Arbitrator,dissents.(Insert name if applicable.)
Date of Hearing:
Date of Award: (Chairman)
Notice of Entry of Award
Now,the c.24o day of 20 11Y ,at A-3-7 A M.,the above
award was entered upon the docket Ad notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $
Y:
P
Prothonotary 'Deputy
THE PRI'071100fj�
f 1MBERLA tqoENNSYLVANiXL v
5 T' ,N ,• ^..i .,L�11,�(� ��([C7Gl.t'.� �. �°ry�v� -�U�i^,Sf Guy-_7:
a _
Ut
,
t ...
David R. Galloway
Attorney I.D. No. 87326
WALTERS & GALLOWAY, PLLC
54 E. Main Street
Mechanicsburg, PA 17055
Telephone: (717) 697-4650
[a14 AU 0NCTf
PCNNS YC CUMBERLAND NIA COUNTY
A NIA
Counsel for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MYERS-BUHRIG FUNERAL HOME
& CREMATORY, LTD.
Plaintiff,
v.
CIVIL ACTION — LAW
DOCKET NO: 13-4631
GREAT WESTERN INSURANCE CO.,
Defendant.
PRAECIPE TO SETTLE, DISCONTINUE & END WITH PREJUDICE
TO THE PROTHONOTARY:
Please mark the above captioned action as settled, discontinued and ended with prejudice.
Respectfully submitted,
WALTERS & GALLOWAY, PLLC
By
David R Gallowa , Esquire
CERTIFICATE OF SERVICE
I, David R. Galloway, certify I served a copy of the within Praecipe to Settle, Discontinue
& End With Prejudice on this date, upon Plaintiff by first-class mail, postage pre -paid, addressed
as follows:
Candace N. Edgar, Esquire
RAWLE & HENDERSON, LLP
Payne Shoemaker Building
240 N. Third Street, 9th Floor
Harrisburg, PA 17101
Respectfully submitted,
WALTERS & GALLOWAY, PLLC
By:
Date: August, 1 , 2014 David R. Gallowa