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HomeMy WebLinkAbout06-22-09 NOTICE OF CLAIM cn c 0 ~; "` (Filed Pursuant to 20 Pa. C. S. § 3532) ~`~ ~ _ rn ~ •' rv - COURT OF COMMON PLEAS OF ~ -`~ .._, __ _ ` ' ~ CUMBERLAND ~'{ =_ ~ ' ' COUNTY, PENNSYLV ANIA _ .~,- ~;~ ORPHANS' COURT DIVISION ~ ESTATE OF HAROLD F. WILEY, SR. No. 21-2008-01129 ,DECEASED To the Clerk of the Orphans' Court Division: Enter the claim of Steen Funeral Homes amount of $ 7,700.00 (clatrurny in the against the above entitled Estate. The Decedent, who resided at 2258 Pine Road, Newville, PA 17241 died on 11/04/2008 (streetAddress) (Date of Death) said claim was given to Peggy Lee Nieves on 4/15/09, and to Pe Wntten notice of ggY Lee Nieves c/o Lee Osterling, Es at 155 S. Hanover St. Carlisle PA 17013 (Personal Representative or his/her counsel) Q on June 17, 2009 (Address) (Date) Daniel King, III KY #3 8 6 7 5 (Claimant s Counsel) (Supreme Court LD. No.) 1200 Bath Ave., P.O. Box 1856 (Address) Ashland, Kentucky 41105-1856 (606) 329-1311 (Telephone) Form OC-07 rev. 10.13.06 Steen Funeral Homes (Claimant) 1501 Central Avenue (Street Address) Ashland, Kentucky 41101 (City, State, Zip) _1 Daniel King, ~~~ 1200 Bath AveAKel ey Galalowaaw Post Office Box 18561dg•' Suite 120 Ashland, Kentucky 41105-1856 Phone: (606) 329-1311 Fax: (606) 325-2798 E-Mail: d.kingiii@att.net Peggy Lee Nieves 2258 Pine Road Newville, PA 17241 Friday, April 15, 2009 Re: Steen Funeral Homes, Ashland Chapel Contract No. 11000458 Dear Ms. Nieves: 1 have been retained by Steen Funeral Home to contact ou r delinquent account for funeral services provided to Harold L. Wile amount due and owing my client is Seven Thousand S y egarding your This amount is subject to a late charge at the rate y' Sr. The current even Hundred ($7,700.00) Dollars. from and after the date of the Contract until full of eighteen (18%) percent per annum Accounts -Receivable Ledger Card and the Statement of Funeral G rrect copies of the Selected are enclosed- herewith. oods and .Services If the amount set forth hereinabove is not paid in full within thirty 30 da date of this letter, I have been authorized to file suit against each of ) ys from the competent jurisdiction. you in a court of Pursuant to the Fair Debt Collection Practices Act as set forth at 15 USCS you are hereby notified as follows: 1692g(a), 1 • The total claimed due is Seven Thousand, Seven Hundred 7 Dollars. This amount is subject to a late charge at the rate of eighteen 1 ° (~ ,700.00) annum from and after the date of the Contract until full (8 /0 y paid. )percent per 2• The name of the creditor to whom the debt is owed is Steen Funera Ashland Chapel, 1501 Central Avenue, Ashland, Kentucky 41101. I Homes, 3• Unless you dispute the validity of the above debt, or any ortion t within thirty (30) days of your receipt of this notice, the debt will be assumed hereof, to be valid. 4• Verification of the debt due and owing by you is enclosed herewith. 5• Steen Funeral Homes, Ashland Chapel, 1501 Central Avenue, Ashland Kentucky 41101, is the original creditor to whom this debt is due and owin . 9 Once again, if you dispute the amount claimed due, or have some other ood reason for not timely paying this debt, please contact my office immediately, but not more than thirty (30) days from the date of the letter. The purpose of this letter is to collect a debt and any information received will be used for that purpose. Sincerely, Daniel King, III DK, II I/csc Enclosures cc: Mr. William J. Fields, Steen Funeral Home ACCOUNTS RECEIVABLE LEDGER CARD Deceased Name: ~ ' o ~ ~~~ ~ Contract No.. .1~__ Servi Dater ~--/ -~~ ~ Buyer Name: < n ~, n _ (~ ~i~ ~ ~- Address: Phone: .~' Steen Funeral Horr~~s Ashland Chapel 1501 Central Avenue Ashland, Kentucky 41107 Phone: (606) 324-4128 Contract Number: ~~ 110 0 0 4 5 8 Date of Death: ~,(Lat:. `'d r ~;2C;r[.*$' Full Name of Deceased Date of Service: ~rt~~.`. /' ~ • ~~ ,. _ Professional Services Basic Services of Funeral Director and Staff: (non declinable) $,,~~~~,~,~t^ Embalming Fees: $ Other Preparation or Care: Facilities, Equipment, and Staff: Use of facilities, equipment, and staff for Viewing, Visitation, or Wake: $ Use of facilities, equipment, and staff for Funeral Service: $ Use of Staff and/or Equipment for Service in Church or other location or facility: $ Other use of Funeral Home facilities $ and/pr Staff (describe)q Holiday/Weekend Surcharge: $ Automotive Equipment (35 Mlle Radius) ee Transfer to Funeral Home ~.,t C.,I•w>„rlfca Tr.;~ ~ v~%' `~$ ~ ~ , ~?C Hearse (Funeral Coach): $ ~,~ ~-~ Family Vehicle(s): $ Flower /Other Vehicle: $ Transportation $ Special Charges: Cemetery Service by Funeral Home $ Other: $ ^ Forwarding Remains ^ Receivin Remai $ g ns To /From TOTAL OF SERVICES Q $ ~ ~' r'y. Lx~? Casket ~S,~rt b d"~r . 1 ~~y~ b" $ ,~' ,~ r ,G ) O.B.C. 1~4~: E~P'~ a C.s~ is ~ L $~ frr ~'C:^ . c.- C Clothing Flowers (from Funeral Home) Memorial Monument Temporary Grave Marker Memorial Package Memorial Register Book Acknowledgement Cards Memorial Folders/Prayer Cards Other Merchandise TOTAL OF MERCHANDISE TOTAL OF SERV. & MERCH. (1 + 2) _ $ $ c~,, ~ 4 $sry3G cam $ $ Identification and Description of Mandatory Items and Explanation of Embalming Charge: Reasoln-s~~r Embalming: ti:.l Expressly Approved Funeral with Public Viewing if any law, cemetery, or crematory requirements have required the purchase o/any other items listed above, the law or requirement Is explained below: ,Outer burial container required by cemetery ~ ^ Other (describe) We agree to render the services and furnish the merchandise indicated below ACCE ELLER ' License Nu SIGNED_ - ay. "~,~ .. , ,Ge=l (Signature o Licensed Funeral Director) "A Proud Affiliate of Carr(age Services" 3040 Post Oak Blvd., Ste 300 • Houston, TX 77056 • (713) 332-8400 CAR-2001-0110 (02/07) Deceased File • White Copy Buyer -Yellow Copy Statement of Funeral Gc,~ds 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 reasons below in writing. If you selected a funeral that my 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 selected arrangements such as direct cremation or immediate burial. If we charged for embalming, we will explain why below. ^ Interment Fee $ ^ Cemetery Equipment $ ^ Crematory Charges $ ^ Final Date Charge $ ^ Clergy Honorarium $ ^ Musician Honorarium $ ^ Soloist Honorarium $ ^ Obitu~trigsr Certified Death Certificates: $ ^ Q $ ^ @ $ ^ Permit $ ^ Hairstyling /Barber Charges $ ^ Florist Charges $ ^ Transportation (name the carrier:) ^ Escorts $ Other: - ^ ~~ $ ^ $ TOTAL OF CASH ADVANCES ® _ /;~ : %ir We charge for services in obtaining those Items marked with an X. Any estimated charges will be Indicated with an E. Taxable Amount $ °h State $ Local $ Other $ Total Tax: Discount: $ Discount: $ $ TOTAL OF OTHER CHARGES & CREDITS © $ TOTAL CHARGES 8S„C$~pITSffSA+ ,+,tC): $ •~i, ~~'~T~~. ~"~" Cash, Credit Car , G`heck _~~0 ~! ~ t, -"' $~J(s c~c~ Prearrangement: $ ~~,•~-,~) Prearrangement $ Insurance Assignments or Other Pending Credits. ($ ) ($ ) ($ ) I agree Net any monies assigned above shall De paid ro you with 80 tlays of the data of Mls rnndacl. U n five (5) days prior written rwNce that any monies due under the assignment(s) described above nave r~wt yet beenwpaid b you as Promised, you can require that any such unpaid amount(s) be paid by me at once. PAYMENTTERMS: I understand that no extenabn of credit subject to federal an0 stale aedN disclosure installment sales, or other consumer aedlt etatutee ie contemplated by this Contract. I have rro fight ro defer paymentol any amount tlue under this Condact. IAgreethetlam personally HalNeforpaymentoftheapplicabla balencetlude ahowahoveDythedabindbated below. Suchpaymant will be made by me ro you et the address set forth In the Contract In additlat, a latecherge stint rate of eighteen percent (70%) per annum (or, if lace the highest rata permitted under applicable law) will De charged and due on the unpaid balance from the date of Mia Condeet through the date paid. You can avoid payment of Ntls late charge M you pay the, Nre ante, in lull wtthin (80) dayo attar the data shown here. TMe is a CASH TRANSACTION due In full on or before To Buyer/Co•BUyerBeeoNwr aide of thlacondactrorAddiNO elOTelrma,includirq dieclaimerofwartanNaa and limitation of remedies Natere pertof thiaconhactantl ere ktcorporeted herein byreference. Do not assign the eondectbefore,mu r.ad u,.r ai....._.-,__ __.. hlanY a ee v.... --- ~- ~--_- ~ ---•.• -• -~ ~ o-=~. W.Ny ~~ uns contract. xeep dus contract ro protect your legal rights. Buyer Name: ~'~-n4..,y (~.t~ NtC=V :y Address: ~ Z~i_~ ~f IV L "ti(; ~ (7 City ~i~ ~ ~r_t t= State:~,~ ZIP: !'1 ?_y.l Date: i ~ - I ~ - ~'~' Phone(rtt,)'Ytita •Lit'~I Relationship:_6~~~i(,({jL~ SS#: a . t G ~;. l SIGNED: ~~•-~:r~~ ,. ;~ ..`~1% _ 4`- _._ Co-Buyer Name: (SignattHe of Co-Buyer) Address: City State: ZIP Phone: Relationship: - SS#: SIGNED: Date: ADDITIONAL TERMS oN CONDITIONS The following terms and conditions apply to the transaction described on the front of this contract. Carefully review these terms and conditions before signing. Your signature constitutes your acknowledgment that you have read and understand these terms and conditions. As used herein, "you" means, whether one or more, the persons whose names and signatures appear as "Purchaser" and' (if applicable) "Co-Purchaser" on the front of this contract. If more than one, your obligations are joint and several, and this contract binds each of you, regardless of whether any or all of you are receiving the service or merchandise, and regardless of ability to pay. As used herein, "we" and "us" mean the funeral home indicated on the front of this contract. 1. FUNERAL ARRANGEMENT. By signing this contract, you agree to purchase from us the services and merchandise described on the front of this contract, and when accepted by us, we agree to provide such services and merchandise, subject to the terms and conditions herein contained, for the individual named decedent (the "deceased"). You certify to us that you have the right to make the arrangements herein set forth, and agree to hold us harmless from any liability on account of any services we perform or merchandise we sell as a result of this contract. 2. CREMATIONS. If, as shown on the front of this contract the deceased's remains are to be cremated, you acknowledge your obligation to arrange for the permanent disposition of the cremated remains within 60 days after the date of cremation. If you fail to make these arrangements or otherwise claim the cremated remains within that 60-day period, then you agree and authorize us to comply with state law that governs what steps we will take in the event that you fail to claim the cremated remains. If no specific state law applies, you then agree and authorize us to cause the cremated remains to be temporarily entombed in a crypt along with other unclaimed cremated remains, and you also agree to pay us one year's crypt rental in advance for this entombment and for each successive 12 month period as billed in advance as long as the temporary entombment continues, according to our established rates. If you thereafter wish to claim the cremated remains from the place of entombment, you will also pay us a reasonable fee for the disentombment, although any unused portion of your prepaid rental will be rebated to you at the time of the disentombment. 3. PAYMENT OF AMOUNT DUE. Any monies assigned to us in connection with this transaction will be paid to us within 60 days after the date of this contract. If we find it necessary to file a claim against the estate of the deceased, you will notify us within 45 days after the date of the original grant of letters testamentary or of administration to enable us to file our claim for the amount due under this contract under the applicable provisions of the state probate code or statute. Notwithstanding the filing of such claim and regardless of the action taken by the Court you remain jointly and severally liable to pay the full balance due hereunder. This contract does not constitute a waiver of our rights to file any such claim, but any amounts we collect from the estate of the deceased, or from any other appropriate source, shall be credited against the amount you owe hereunder. We may receive partial payments (even though marked or tendered as payment in full) without impairing our rights to demand and receive payment of the full amount due hereunder, absent our written agreement to the contrary. 4. LIMITATION OF DAMAGES AND REMEDIES. You waive, and agree that you shall not be entitled to recover, damages or losses of any kind, whether direct or inconsequential, based upon negligence. You further agree that emotional distress shall not be a claimed component of damage for any claim arising under or in connection with this contract. Some jurisdictions do not allow limitations of incidental or consequential •damages or other restrictions specified above, so the foregoing limitations may not apply to you. 5. DISCLAIMER OF WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND MERCHANDISE BEING SOLD HEREBY. INCLUDING (WITHOUT LIMITATION) THE fMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE SELLING YOU THE MERCHANDISE IN AN AS-IS. ALL-FAULTS CONDITION, AND YOU AGREE THAT YOU ARE NOT ENTERING INTO THIS CONTRACT BASED UPON ANY STATEMENTS OR PROMISES MADE BY US INCLUDING ANY DESCRIPTION OF THE MERCHANDISE OR ANY DISPLAY OR SHOW MODEL. SHOULD YOU HAVE ANY CLAIM REGARDING ANY OF MERCHANDISE SOLD, YOUR SOLE REMEDY WILL BE AGAINST THE MANUFACTURER OF THE MERCHANDISE AND NOT AGAINST US. IN ADDITION, ALL CONSE~UENTIALAND INCIDENTAL DAMAGES ARE HEREBY EXPRESSLY DISCLAIMED. 6. DELAY, ETC. We do not lose any rights by our delay or refusal to exercise them. No delay, forbearance or other action by us will alter our agreement with respect to the payment of the amount owed or any other terms set forth herein. 7. ENFORCEMENT. We may refer this contract to an attorney who is not our salaried employee for collection or enforcement. If we are required to enforce this contract, then (unless prohibited by state law) you will pay, in addition to the amount due, all reasonable costs of collection, including court costs and reasonable attorney's fees. 8. PRICE LIST. You acknowledge that prior to making the funeral arrangements, you were presented a General Price List itemizing the current charges for professional fees, facilities use and automotive use, and a Casket and Outer Burial Container Price List, if such merchandise was contemplated. 9. MISCELLANEOUS. To the extent allowed by law, any action against us in connection with this contract must be commenced, if at all, within one year after the date of this contract. This contract will be governed by the laws of the State in which the funeral service is being pertormed and the proper jurisdiction and venue for any claim, or suit hereunder will bP in such State. The ti#!es and captions herein are for convenience and r!o ;:~t affect the in!g; pretation of this contract. This contract constitutes the entire agreement between you and us regarding the services and merchandise being purchased and replaces all other discussions and agreements, whether oral or written, regarding such services and merchandise. 10. TEXAS ONLY. Charges are only for items that are used. If the type of funeral selected requires extra items we will explain the reasons in writing on this contract. If you wish to question any area of our service, you may contact us at your convenience. If any of your questions remain unresolved, you may also direct your questions and complaints to the Texas Funeral Service Commission, P.O. Box 12217, Capitol Station, Austin, TX 78711, (512) 936-2474 or toll free at (888) 667-4881. CFS-167 REV. 11 /04 Daniel King, 111 Attorney at Law 1200 Bath Ave., Kelley Galloway Bldg., Suite 120 Post Office Box 1856 Ashland, Kentucky 41105-1856 E-Mail: d.kingiii@att.net Phone: (606) 329-1311 Fax: (606) 325-2798 June 17, 2009 Register of Wills and Clerk of Orphans' Court County of Cumberland One Courthouse Square, Room 102 Carlisle, PA 17013 Re: The Estate of Harold F. Wiley, Sr. Estate No. 21-2008-01129 To Whom It May Concern: N _~ ,nz, c t _, ;_ ,,^~~ _ 1, 1~~~ °S~ _ __ ,..J~y~, .~ ~.- ~- t~ ~ ; Enclosed herewith you will find a Notice of Claim in behalf of Steen Funeral Homes to be filed in the above-referenced estate. Please file the Notice of Claim in your office at your earliest convenience and return the time stamped duplicate to my office in the enclosed self-addressed, stamped envelope. My check in the amount of $10.00 is also enclosed herewith to cover your filing fee. If you have questions with regard to this matter, please contact my office at your earliest convenience. Sincerely, DK, I I I/csc Encls. ,// ~~ .~ Ct.u..~~ K~ u Daniel King, I I I ~ ~ ~ E-Mail: d.kingiii@att.net cc: Lee Osterling, Esq. 155 S. Hanover St., Carlisle, PA 17013 Sean M. Shultz, Esq. Knight & Associates, P.C. 11 Roadway Drive, Suite B Carlisle, PA 17015