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06-07-11
NOTICE OF CLAIiVI (Filed Pursuant to 20 Pa. C . S . § 3532) COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF Barbara Anne Prucell No. 2011-00529 To the Clerk of the Orphans' Court Division: DECEASED Enter the claim of Appleby Systems, Inc in the 1, 744.00 (craimant) amount of $ ,against the above entitled Estate. The Decedent, who resided at 527 Country Club Rd, Camp Hill, PA 17011 (Sheet~lddressJ died on 4/19/2011 Written notice of said claim was given to Richard L. Plaeey, Esq (Date ojDeath) at 3631 North Front St, Harrisburg, PA 17110-1533 oval Representative or his/her counsel) on 5/27/2011 (Aadress) (Date) C(aimant'r Counsel) /Supreme Court LD. <Ua.) Address) 'Teiephonej t Appleby Systems, In ' (CZaimant) 1520 Trolley Rd !Sh•eet Address) York, PA 17408 !City, State, Zip) ~ ^ ~- c~-, -- r ~(] - -_ =~ ~ r.7~n {.._ r ~~ L ~ ! - :-} ~ ~ ^l ;,fir- _... =~ r~ ~ D ~~ r~ ~J (.~~ ~ . ~ "? i .. ~ ' ~._.) ,7 G7~ -i•~ Farm OC-0' rev. 10.13.05 w ~~ % ~i ®~~ APPLEBY APPLEBY SYSTEMS, INC. i. S ~~; s Y s T E M s, I N c CFIANGE ORDER For Office Use Only: ~ ~ • ~ ~ DPA0027059 53VA I#2701 033544A N WV #~M/0008400 Change Order Number # EPA Lead-Safe Certified Firm NAT-24317-1 Date: ~ ai~~ r+~ To: Appleby Systems Inc. ~~ r From: Customer Name: ~~.r ~Q~ ~ ~~,1~ Address: `~~ ~ ~~!1'~(t4 Club ~, ~~~ ~, Ir ~'A- I~~i ~ Re: Contract Number: ~ 1~ 1 ~ M~~ ~ You are hereby authorized to make the following changes to the above-mentioned contract dated I a ~ a~ , +w/ hich will revise the `price of said contract by the addition/deduction of ~~ ~~~+,Z~ ~~' dollars ($ ~~~g,~=). ~ ~att~e of Change: _ „ (~ , Prior to this Change Order: Contract Price: $ (~~~a~, ~ Lead Safe Charges: $ ~ dp , ~~ Total Amount: $ a~ ,(~ Paid with Order: $ ~~ ~`~. Payable on Completion: $ L~ ~~~ ,~ , Balance to be Financed: $ --- With this Change Order: New Contract Price: $ ~~~1 ~ , ~ New Lead Safe Charges: $ New Total Amount: $ ~~:.~~, ~ New Paid with Order: $ ~ ~~~ , ;~ New Payable on Completion: $ I ~~{y.,~ New Balance to be Financed: $ -- It is understood t t a han s, additions, or deletions shall be deemed and shall be performed and finished in dance h su ~ ct to the terms and conditions embodied in the above-mentio d contract. A, Witness ~ - ~~ ' /~ Customer By-~lAppleby Systems, Inc. Customer (All Signers must sign personally) Appleby Systems, Inc. -Main Office at 1520 Trolley Rd, York, PA 17408. (717) 764-3000 / (800) 767-0235 Rev 02010 r-- 0 ~~ APPLEBY S Y S T E M S, I N S CONTRACT SPECIFICATIONS APPLEBY SYSTEMS, INC. Central bistribution and Main Office at: 1520 Trolley Rd., York, PA 17408 (717) 764-3000 / (800) 767.0235 ~ ~ - ~ ~ PA License # PA002759 ` NJ License #13VH01588800 EPA Certification #NAT24317.1 Date: Order for work specified below on nae~ury 1 AR/S/10/PAMJ Offic Contract No ~~ / ~ ~ Checked bv_ - ~ ~-- ---- ~ ~ r. ~ iwp. eoBugn. etc.) (Count ~ Y~ (State Zip: Mailing address if different situated aY as follows c-roiau Customer NameQ~ ~[)~~ Home Phon ~(~ J~7-- 7 ~/~ Work Phone DESCRIPTION OF WORK AGREED UPON - TO FURNISH AND INSTALL APPLEBY PRODUCTS WITH THE FOLLOWING TERMS AND CONDITIONS: FOR SPECIFICATIONS SEE THE WINDOW, DOOR, PATIO ENCLOSURE, BATH RESURFACING, BASEMENTS, SIDING EXHIBITS(S) ATTACHED TO AND MADE AN INTEGRAL PART OF THIS CONTRACT. CONTRACT MODIFICATION: The products listed above are special order and are to be built to order for Customer. There- fore, this contract cannot be changed, canceled, modified or discharged at all by Customer except in accordance with the cancellation provisions provided below or by written consent by the Company. Approximate Date of Start: ~ And Completion: NOTICE OF CANCELLATION: I may cancel this contract, without any penalty or obligation, ithin three (3) business days from the above date. If I cancel, the Company will return to me any property traded in, any payments I made under the contract or sale. and any checks or Notes I signed within ten (10) business days after the Company receives my cancellation notice. Any security interest arising out of the contract will be cancelled. If I cancel, I must make available to the Company at my resi- dence in substantially as good condition as when received, any goods delivered to me under this contract or sale; or I may, if I wish, follow the Company's instructions regarding the return shipment of goods at the Company's expense and risk. If I do make the goods available to the Company and the Company does not pick them up within twenty (20) days of the date of my Notice of Cancellation, I may keep or get rid of the goods without any further responsibility. If I do not make the goods available to the Company, or I agree to return the goods to the Company and do not do so, then I am still responsible for performance of all my duties under the contract. To cancel this contract, I must mail or deliver a signed and dated copy of this Cancellation Notice or any other notice, or send a telegram, to Appleby Systems, Inc. at 1520 Trolley Road, York, PA 17408 postmarked no later than midnight of `2 !® I hereby cancel t is tra- (customer's signature) Workers Compensation and Public Liability Insurance is carried by the Company. and is applicable to the work to be performed under this contract. Appleby Systems maintains $1,000,000 personal Injury coverage and $1,000,000 property damage coverage. Work to be performed according to com- pany specifications. Debris from job will be removed. Customer is responsible for any interior painting or staining. AdditionalTerms:The Company plans to provide labor and materials to complete the above work for the amount shown below, AND IN ACCORDANCE WITH AND SUBJECTTO7HE ADDITIONALTERMS AND CONDITIONS ON THE OPPOSITE SIDE OFTHIS CONTRACT AND SPECIFICATIONS, which are part of this contract. PRICING REMARKS $ 66~~ Fulfillment of Order: The Company will fulfill this order unless it is unable to because of labor strikes. Cash Price - - fires, inability to get material: or other conditions beyond the Company's control. Lead Safe Charges _ _ _ _ _ _ _ _$ ~~ Payment: I will pay the Company the contract price when it is due. If my payment is more than 10 days late, I will pay interest at the legal rate, from the time my payment was due.. except as otherwise Total Amount $ dB Z ~ required by law. ~~F' Amount Payable on Completion: I will pay the "Amount Payable on Completion" after the installation Paid with Order ~CheckQCash $ ~ of all materials as described above. If my payment is more than 10 days late. I will pay all reasonable attorney's fees if this account is placed with an attorney for collection. Payable in 10 days _ _ _ _ _ _ _ _ $ Balance to be Financed: The balance due from me will be financed by adding finance charges based yj 7~ on a separate signed Note or retail installment contract. The first installment (monthly) payment from Payable on Completion - _ _ _ _ _ $_ me is due 30 days after installation, unless a different due date is stated in this contract. Balance to be Financed - _ _ _ _ _ $ See related Note and Disclosure Statement or Retail Installment Contract (where applicable). NOTICE TO CUSTOMER: By signing below I acknowledge that I have read the Date 20~ notice of cancellation located above and I have read this contract before I signed it. I also acknowledge that the Company told me orally of my right to cancel. By By 2.~ signing below I acknowledge receipt of two fully completed copies of this contract Authorized APP EB Representative and notice of cancellation. If this contract is an installment sale with monthly pay- CANCELLATION: ment due. I have a right under state law to pay the whole amount before the due I may cancel this contract at any time be- date. Under certain conditions the Company will refund the unearned portion of fore midnight of the third business day after the finance charge. the date of this contract. I have read the NOTICE FOR CONSUMER CREDIT CONTRACT: If this contract is considered to Notice of Cancellation form provided with be a consumer credit contract, then any holder of this contract is subject to all claims this contract, which explains my right to and defenses which I could bring against the Company based on this contract. I cancel. The Company has an equal right cannot recover an amount greater than the amount I have paid. of cancellation. I have been notified that In„s,9~e,~m~s,s,y~Perso~auv, there are additional terms owns, and conditions on the reverse x-~~.~,Ay. side which are an integral ow e (Initiar~ ~ (Initiaq pa of this c ntract. t This is a binding contract, not subject to cancellation except to extent provided above or as required by law. This contract along with the specifications and exhibit. covers antl supersedes all Conversations. Statements and Agreements. expressed or implied, between the parties. their agents or representatives. Attorney General Bureau of Consumer Protection toll free number is (888) 520-6680 r°'m X01 ob-oooa6 PA~NJ ~~~' APPLEBY I~I~LI~jSYSTEMS, INC CONTRACT SPECIFICATIONS APPLEBY SYSTEMS, INC. WINDOW EXHIBIT DE# 1990005387 / MHIC 11145 / NJ #13VH01588800 PA002759 / VA #2701 033544A / WV #WV000842 EPA Lead-Safe Certified Firm NAT-24317-1 This age s incorpo ted with and is an integral part of the and ~ ~"L~ ~C~ f C~--~ ~ at job address ~ Furnish and install Appleby Windows as follows: Contract No. ~!O l D ~~ between Room ~ Location Qty ~ Style Interior Window Color Exterior Window Color Glass Tri le or P Double Screen Half or Full Capping Color Low E? ~ y Nu r ~ Interiorl Grid Exterior Pattern Grid Approximate Size Color i~ ~ i(~, ~ ~ ~ ~ ~~y ~ ~If ~ "~ / ~ I Y ~ ~ ~ .~~~ ~/ ~ /~ 3 ~sZ I ~ ~ ~ j ~ - ~ ~ i i ~ ~ I I Additional Terms: 1.) Interior Paint: The Company is not responsible for any interior painting or staining. 2.) Loss of Sill: The Appleby Window usually has a greater jamb depth than most metal frame windows. Therefore, if the new Appleby Window is replacing a metal frame window, customer understands and accepts the fact that there may be a reduction of the existing interior sill and jamb area. Remarks: Date: 2 20~Q By: a/y ~.- Repres ntative Owner: Owner: (AII Signers must sign personally) This is a binding contract, not subject to cancellation except to extent provided by law. This contract covers and supersedes all Conversations. Statements and Agreements, expressed or implied, between the parties, their agents or representatives. FORM s-to ®a~~APPLEBY ~~J'SYSTEMS, INC CONTRACT SPECIFICATIONS APPLEBY SYSTEMS, INC. DOOR EXHIBIT DE# 1990005387 / MHIC 11145 / NJ #13VH01588800 PA002759 / VA #2701 033544A / VW #WV000842 This pa a is incoFporated with and is an integral part of the contract dat d g and i~ at job address Z ~ ~; !~ Furnish and install _~ Entry Doors and ___~__ Storm Doors as follows: Contract No. ~f © / [~ [~L~r~ i AP ~l Room Location Oty Ent Door $ le ry ry Interior Door Exterior Door pP g Ca to Hardware and Options Color Color Color (Check appropriate items) Model #: ~~ Hardware Finish: B i ht B escription: ~1 ' N~ t ~ ~~ ~ ~ •. }~~ V~+, r g rass ^ Antique Brass ^ Satin Nickel ^ Aged Bronze Hardware Style: t ~~~~ ~ W V~1 Georgian Knob with Sin le C tinder Deadb 9 Y olt ^ Georgian Knob plus Decorative Lon Tri H dl g m an e w/Single Cylinder Deadbolt ^ Plymouth outside and Flair Lever inside with Single Cylinder Deadb lt ~~ ~ o A i ccessor es: ^ Peep Site Only ^ Mail Slot Door Finish: ^ Knocker Only ^ Knocker/Peep Site Combo ^ Woodgrain '~ Smooth ^ Interior Kickplate ^ Exterior Kickplate Sidelight: Quantity: Model #: Model #: Hardware Finish: ^ Bright Brass ^ Antique Brass ^ Satin Nickel ^ Aged Bronze Description: Hardware Style: ^ Georgian Knob with Single Cylinder Deadbolt ^ Geor ian K b l D g no p us ecorative Long Trim Handle wl Single Cylinder Deadbolt ^ Plymouth outside and Flair Lever inside with Single Cylinder Deadbolt Accessories: ^ Peep Site Only ^ Mail Slot Door Finish: ^ Knocker Only ^ Knocker/Peep Site Combo ^ Woodgrain ^ Smooth ^ Interior Kickplate ^ Exterior Kickplate Sidelight: Quantity: Model #: Room Location ~' Storm Door Style Door Color Capping Color Hardware and Options (Check appropriate dems) Model #: Standard Hardware: ^ Push Button Tie-Down with Keylock outside/Push Handle inside Description: ^ White ^ Black Optional Hardware: ^ Contemporary Curve Lever outside/Push Handle inside 8 Separate Deadbolt ^ Bright Brass ^ Antique Brass ^ Black ^ Satin Nickel ^ Aged Bronze ^ White Model #: Standard Hardware: ^ Push Button Tie-Down with Keylock outside/Push Handle inside Description: ^ White ^ Black Optional Hardware: ^ Contemporary Curve Lever outside/Push Handle inside 8 Separate Deadboh ^ Bright Brass ^ Antique Brass ^ Black ^ Satin Nickel ^ Aged Bronze ^ Whita Remarks Date: (` 20~_ By: ~ . Representative Owner: Owner: (All Signers must sign personally) This is a binding contract, not subject to cancellation except to extent provided by law. This contract covers anC supercedes all Conversations. Statements and Agreements, expressed or implied, between the parties. their agents or representatives. Fo,m, E.c~ i^A~' I^S^ May 26, 2011 Clerk of the Orphan's Court Division Cumberland County One Courthouse Square Carlisle, PA 17013 Re: Barbara Anne Purcell File Number: 2011-00529 To Whom it May Concern, APPLEBY SYSTEMS, INC This letter is regarding the estate of Barbara Anne Purcell (file number #2011-00529). Prior to her death, Ms. Purcell contracted with Appleby Systems for custom-made windows for her residence at 527 Country Club Rd, Camp Hill, PA 17011. These windows have been custom manufactured for the openings in her home. We have been attempting to contact Ms. Purcell over the last few months to schedule installation, only to recently find notification of her death. A copy of the contract documentation is attached along with the $10 fee required by the court. Appleby Systems is requesting payment of the contract from the estate. Please contact me with any questions. Sincerely, C~„ ~- , Deborah C. Shoenfelt Appleby Systems, Inc 1520 Trolley Rd York, PA 17408 717/764-3000 cc: Jane Dyar, Executrix - 3667 Kendall Ave, Cincinnati, OH 45208. Richard L. Placey, Esq - 3631 North Front St, Harrisburg, PA 17110-1533 Mark Lennox -General Manager -York Branch