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Posted: 4:16 p.m. Friday, Feb. 15, 2013

Dayton funeral home faces suspension if state fine not paid

Magetti Gavin could be shut down in 60 days if court judgment not paid.

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By Kelli Wynn

Staff Writer

Dayton —

The doors of a Dayton funeral home could be closed for six months if the owner does not pay a $11,500 fine to the state board of Embalmers and Funeral Directors by March 15.

The board voted this week, during its monthly meeting, to continue on with the fine that they had issued against Hugh P. Gavin, owner of the Magetti Gavin Funeral Home, 1508 Valley St., last year. Gavin’s attorney David Jablinski requested an appeal hearing. The hearing officer recommended that the board continue with the fine and if the funeral home did not pay the fine within 30 days of the board’s decision, then its license should be suspended for six months.

Jablinski did not return phone calls or e-mails from the Dayton Daily News.

The $11,500 fine was the result of two separate cases where the funeral home did not appropriately handle prepaid funeral arrangements, according to Vanessa Niekamp, the state board’s executive director.

Niekamp sent a letter dated Sept. 26 to Gavin that said the board had reasonable evidence to propose the suspension or revocation of the licenses held by Gavin and the funeral home for a violation of state law for unprofessional conduct. The letter also stated the board was going to impose a previously stayed $1,500 fine from a February 2011 settlement agreement and an additional forfeiture of $10,000 in a 2012 case where the funeral home failed to submit the payment for a client’s prepaid funeral arrangements with an insurance company or trust company within 30 days of receipt.

In addition to the state problems, a bailiff with the Dayton Municipal Court served a writ of execution to Hugh’s wife Michelle Gavin on Thursday in a small claims case where the judgment was issued against the funeral home last year.

The plaintiff in that case, Thomas Heney of Lexington, Oh., was awarded $990.59. He said he sought the small claims lawsuit in 2011 because Gavin overcharged him when he and his wife were arranging his father-in-law’s funeral services.

“They have made no attempt to pay me back,” Heney said of why he had to seek a writ of execution. “All we wanted was to get paid back for items that were not justified.”

Now that the writ has been served, the Gavins have 60 days to pay the judgment amount, according to officials in the court’s Baliff’s Office. If the Gavins do not pay the judgment to the Clerk of Courts within this time frame, a bailiff has the authority to padlock the funeral home and all items inside can be sold at auction to satisfy the terms of the writ, which Heney had to pay approximately $650 to obtain.

Thomas Heney has advice for those seeking funeral services with any funeral home.

“Make sure you look over the paperwork. Make sure you agree with everything that is on there. If you have any questions, ask them,” he said.

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