Escolar Documentos
Profissional Documentos
Cultura Documentos
Caterbone, Petitioner
No. 36-1996-0729
ORDER
grants
the
Petitioner,
Stanley
J.
Caterbone,
2008,
Administer
the
and
Court
Personal
BY THE COURT:
J.
ATTEST:
Page 1 of 43
No. 36-1996-0729
Page 2 of 43
mental competency and has been suffering from dementia since 2004.
13.In a letter dated September 20, 1998, from the Administrator Steven P. Caterbone, to
the Petitioner stated the following; all estate business is done; bank account
closed...5
14.Since 1998, the Administrator, Steven P. Caterbone, has filed indefinite to question
number 2 of the Status Report Under Rule 6.12 for the above captioned estate67.
15.The Petitioner believes it would be in the best interest of the Estate of Thomas P.
Caterbone, the Administrator, Steven P. Caterbone, and all interested parties to appoint
See Exhibit A Estate Agreement with Advanced Media Group; Conestoga Title Argument
See Exhibit B U.S. District Court Judge Mary McLaughlin Opinion and Memorandum of June
13, 2006.
3
See Exhibit C Last Will and Testament of Yolanda M. Caterbone.
4
See Exhibit D Fulton Bank Power of Attorney of Yolanda M. Caterbone
5
See Exhibit E Letter from Administrator Steven P. Caterbone to Petitioner Stanley J.
Caterbone of September 20, 1998.
6
See Exhibit F Lancaster County Court of Common Pleas Summary Docket Sheet.
1
Page 3 of 43
Respectfully submitted.
See Exhibit G January 17, 2007 Estate Status Report Under Rule 6.3
See Exhibit H - ORDER and MOTION of September 5, 1996 by Lancaster County Court of
Common Pleas Judge James P. Cullen and the Petition For Leave To Withdraw As Counsel For
Administrator, Steven P. Caterbone, filed by Xekellis, Reese & Pugh, and counsel for Steven P.
Caterbone.
7
8
Page 4 of 43
No. 36-1996-0729
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the PETITION FOR COURT
APPOINTED ADMINISTRATOR OF ESTATE has been served this 17th day of January,
2008, by first class mail, Postage prepaid, or by electronic mail upon, or by hand deliver to:
Mr. Steven P. Caterbone
7960 N.W. 201 Terrace
Hialeah, FL 33015
Stephanie Carfley
Barley Snyder, LLC
126 East King Street
Lancaster, PA 17602
Matt Samley
Reese, Pugh, Samley, Wagenseller & Mecum
120 North Shippen Street
Lancaster, Pennsylvania 17602
_____________________________
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EXHIBIT A
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EXHIBIT B
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\LED
T h , c A ~ ? . 5 ~ ! ~9Je.,
. ~',2iI<
CIVIL ACTION
NO. 05-2288
I>ii '
cy/-
I.
the ground that the plaintiff has failed to state a timely claim.'
The United States Court of Appeals for the Third Circuit peh&K
ER
Page 10 of 43
two years.
(2)
embezzled
$5,000 from his checking account in 1990, did not credit the
account for more than 60 days, and never credited the lost interest
income; and ( 3 ) refused to allow the plaintiff's brother, Thomas
Caterbone, to deposit a check in 1996, on the grounds that no funds
were available, and was therefore responsible for his
suicide/wrongful death later that year.
Page 11 of 43
EXHIBIT C
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EXHIBIT D
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I
/
- The
- - fnllowine denosit account(s)
. only:
.. ..
...
--D
Account Title
YOLANDA M CATERBONt
Account Number
All accounts in which I/(we) may now or in the future have an interest
KNOW ALL MEN BY THESE PRESENTS that the undersigned does(do) hereby constitute and
appoint STANLEY J CATERBONE
of 220RD CONFSTOGA PA 1
7
m
my (our) agent(s) for me(usj and in my(ourj name, place and stead, as completely set forth below
of the agents can act without requiring all agents
If more than one agent is appointed, any
I
to act in concert.
POWER OF ATTORNEY
( 1 ) The agent(s) may engage in the following banking and financial transactions at Fulton Bank:
(a) Sign checks, drafts, orders, notes, bills of exchange and other instruments ("items") or
otherwise make withdrawals from checking, savings, transaction, deposit, loan or other
accounts in my(our) name and endorse items payable to me(us) and receive the proceeds in
cash or otherwise.
(b) Open and close such accounts in my(our) name, purchase and redeem savings certificates,
certificates of deposit or similar instruments in my(our) name, and execute and deliver receipts
for any funds withdrawn or certificates redeemed.
(c) Deposit any funds received for my(us)in my(our) accounts
(d) Do all acts regarding checking, savings, transaction, deposit, loan or other accounts, savings
certificates, certificates of deposit or similar instruments, thc same as I(we) could do if
personally present.
(e) Sign any tax information or reporting form required by Federal, State or local taxing
authorities, including, but not limited to, any Form W-9 or similar form.
(1)
111
gclicral, Lrai~sactany busincss wilh Fullon Bank that [(we) could if present.
(2) This Power of Attorney shall not be affected by my(our) subsequent disability or incapacity.
(3) If an account is a joint account, this Power of Attorney shall continue to be effective after the death
of either of us until formally revoked by writing filed with the Bank by our survivor.
Page 16 of 43
(4) If the [(we) has previously executed any other power of attorney, the execution of this
Power of Attorney shall not be deemed to have the legal effect of revoking or
modifying any such power of attorney.
(5) No action on my(our) part in doing in person any of the acts herein authorized to be
done by my(our) agent(s) after execution of this Power of Attorney shall be treated as
a revocation hereof, and this Power of Attorney shall remain in full force until a
written revocation has been delivered to the Bank.
(6) In consideration of the recognition of this Power of Attorney by the Bank, and
intending to be legally bound hereby, the undersigned hereby agrec as follows: If
my(our) agent(s) shall perform any act or acts herein authorized, after my(our) death,
but bcfore actual knowledge of such death has reached the Bank, such act or acts shall
be binding upon my(our) personal representatives and heirs, if any; I(we) also agree,
for my(our) personal representatives and heirs, if any, to indemnify and save harmless
the Bank liom any loss or damage which it might sustain through rclying upon the
apparcnt authority of this Power of Attorney after its termination, by operation of law
or otherwise, but before actual knowledge thereof is received by the Bank.
IN WITNESS WHEREOF, the undersigned has(have) hereunto set my(our) hand@) and
seal@) this 26
day of JAN.
,2005
(SEAL)
- b - . u 3 ~(SEAL)
Page 17 of 43
NOTICE *
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE
PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE
YOUR PROPERTY, W-IICH MAY INCLUDE POWERS TO SELL OR OTHERWISE
DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE
NOTICE TO YOU OR APPROVAL BY YOU.
THlS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO
EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT
MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THlS
POWER OF ATTORNEY.
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR
LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT
THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT
ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY.
DS.
A COURT CAN TAKE AWAY THE POWERS OF YOURIAGENT IF IT FINDS YOUR
NT KNOT
ACTING PROPERLY.
* This form of Notice is prescribed by law. This Power of Attorney only pertains to your designated deposit
account@)at Fulton Bank, and does not give the agent power to handle any other property.
Page 18 of 43
AL~IY~WLEDGMENT
I, STANLEY,
have read the attached Power of Attorney and am
the person identified as the agent for the principal. I hereby acknowledge that in the absence of a
specific provision to the contrary in the Power of Attorney or in 20 Pa.C.S. when I act as agent:
shall keep a full and accurate record of all actions, receipts, and disbursements ( 1
111111 on behalf of the1 orinci~al.
Page 19 of 43
Futon
Bank
C\rlr~l.
Dlvalor; .
.
DIVISION
-
LANCA~TERJCI.IES~R
DIVISION
DI<OVCRS
BANK DIVISION GXEATVALL~T
RECORD OF POWER OF ATTORNEY
Principal:
202-16-8108
YOLANDA M CATERBONE
T.I.N.
Principal:
T.I.N.
Address:
1250
FREMONT ST
--
LANCASTER
PA 17603
-
Agent:
STANLEY J CATERBONE
Name
Address:
CONESTOGA PA 17516
Agent:
Name
Signature
Address:
Multiple Agents:
If more than one agent is appointed, any
agents to act in concert.
Power of Attorney:
Fulton Bank Power of Attorney dated 01/76/2003
Power of Attorney dated
agent.
provided by principal or
Filed at:
Accounts Suhject to Power of Attorney:
The following deposit account(s) only:
Account Title
Account Number
YOLANDA M CATERBONE
(Principal)
Signature
Written revocation filed at:
Page 20 of 43
I)
~~
Namc
~
~~~
on~finointcrn~ti~na~
addresrel)
Merchnnt Address
including Zip Codc
a,,d r ' ~ l ~ , , I , ~Jl~ > ~
;AarUceb d6d,i
CmP
~to~mA5ky
&uWrb64,04
17&-)/..
2)
-
c .a.
Y'
-~
3)
t Addttional
2. l'l<I:-AU-1.1
I U R I Z C D l'lUNSll:I<S
Fmm Checking or
To Checking or
Statement Savings
Account Nvmbsr
Statement Savings
.. -~
-
Months 01 Palmeot
Cross Out Nan-pay men^ Monrh(r)
Amount ofTranrler
Account Number
Page 21 of 43
Start Date
F M A M J J A S O N D
EXHIBIT E
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EXHIBIT F
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Page 1 of 5
File Number
THOMAS P.
1996-0729
CATERBONE
Residence
Date Filed
OC File
Number
1/17/2006
Township
Lancaster
Township
PROBATE
Place of Death
4/29/1996
Exec. Notes
Notes
CORRESPONDENT INFORMATION
Name
STEVEN P.
CATERBONE
Address
Phone #
7960 NORTHWEST
201 TERRACE
HIALEAH, FL 33015
Attorney?
Supreme Court ID
Renounced? Removed?
NO
NO
Type
ID Checked?
ADMINISTRATOR
Deceased?
NO
Phone
Address
7960 NORTHWEST 201 TERRACE
HIALEAH, FL 33015
SSN
Date Granted
05/14/1996
Date Revoked
For Year
2002
01/17/2006
2006
04/02/2003
2003
04/30/1998
1998
06/05/2000
2000
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1/14/2008
January 17, 2008
01/16/2004
2004
08/01/2005
2005
04/16/2001
2001
05/17/1999
1999
01/29/2007
2007
01/02/2008
2008
Page 2 of 5
DOCKET INFORMATION
Date
06/21/1996
Type
REMARKS - 999
Description
Amount
CLAIM OF CORESTATES
BANK OF DELAWARE NA
FILED
06/25/1996
REMARKS - 999
CLAIM OF AMERICAN
EXPRESS FILED
07/09/1996
REMARKS - 999
07/29/1996
REMARKS - 999
07/30/1996
REMARKS - 999
CLAIM OF ERIC J.
MONGEAU FILED
07/30/1996
REMARKS - 999
CLAIM OF ALAN
MONGEAU FILED
08/14/1996
REMARKS - 999
CERTIFICATION OF
NOTICE UNDER RULE 5.6
FILED
09/04/1996
REMARKS - 999
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January 17, 2008
Page 3 of 5
09/05/1996
REMARKS - 999
09/09/1996
REMARKS - 999
CLAIM OF MBNA
AMERICA FILED
09/16/1996
REMARKS - 999
CLAIM OF AMERICAN
EXPRESS
10/03/1996
REMARKS - 999
CLAIM OF AT&T
UNIVERSAL CARD
SERVICES FILED
10/31/1996
REMARKS - 999
CLAIM OF XAKELLIS,
REESE & PUGH FILED
12/09/1996
REMARKS - 999
12/23/1996
REMARKS - 999
CLAIM OF CITICORP
CREDIT SERVICES INC.
FILED
01/28/1997
02/21/1997
REMARKS - 999
ENTRY OF APPEARANCE
FO THOMAS G.
KLINGENSMITH
FORBANK OF
LANCASTER COUNTY,
N.A. FILED
02/21/1997
REMARKS - 999
CLAIM OF BANK OF
LANCASTER COUNTY,
N.A. FILED
03/25/1997
REMARKS - 999
CLAIM OF COLONIAL
NATIONAL BANK, USA
FILED
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05/07/1997
REMARKS - 999
COPY OF PRAECIPE TO
ENTER JUDGMENT UPON
DEFAULT
05/21/1997
REMARKS - 999
ENTRY OF APPEARANCE
OF LAURA LYON
SLAYMAKER AS
ATTORNEY FOR
PHILLIPPE KATRAS,
CLAIMANT.
06/09/1997
06/09/1997
06/09/1997
06/09/1997
06/09/1997
06/09/1997
CHARITABLE
EXEMPTIONS - ASSMT:
ORIG - 130
CHARITABLE
EXEMPTIONS - ASSMT:
ORIG ACN: 101 AMOUNT:
0.00
06/09/1997
06/09/1997
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January 17, 2008
Page 5 of 5
06/09/1997
04/13/1998
REMARKS - 999
04/30/1998
05/17/1999
06/05/2000
04/16/2001
03/19/2002
04/02/2003
01/16/2004
08/01/2005
01/17/2006
01/29/2007
01/02/2008
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January 17, 2008
EXHIBIT G
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EXHIBIT H
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