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Home My WebLink About08-16-12IN RE: The Estate of Emma E. Demarest, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Orphans' Court Division ~:~; r-- c;.1't`~ ~Gr? .'~- ~-'c;:_ , :~~: ~~~ ~...a p V ~ ~~~~ PETITION FOR THE SETTLEMENT OF A SMALL ESTATE IN ACCORDANCE WITH 20 PA C.S.A. SECTION 3102 TO THE HONORABLE, THE JUDGES OF THE SAID COURT, The Petition of Janet F. Catarino respectfully represents: _,.y 1. That she resides at 1211 Kuhn Road, Boiling Springs, Cumberland County, Pennsylvania, and is the daughter of the decedent, Emma E. Demarest. cx~ ~~-: 2. That the decedent, Emma E. Demarest, died on February 12, 2012, and at the time of her death was a resident of Cumberland Crossings, 1 Longsdorf Way, Carlisle, Pennsylvania 17015. 3. That the decedent died testate and under the Third Item of her Last Will and Testament, the Petitioner, Janet F. Catarino, was appointed the personal representative of her estate. A copy of the Last Will and Testament of Emma E. Demarest is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 4. That the said Emma E. Demarest left surviving her the following persons entitled to share in her estate: A. Janet F. Catarino 5. None of the people mentioned herein have received or retained property by way of payment of wages, salary or vacation benefits as set forth in 20 Pa. C.S.A. Sec. 3101. 6. That no person is entitled to the Family Exemption. 7. That the gross value of the personal estate of the decedent does not exceed $25,000.00. 8. That the property of the decedent and the values of the several items thereof are as follows: _ ;;~~ r-^i? ~_ ~*.! J l ,J C..': ti? r C _J :::~ ~_ _~ ,-- .. _~ :~= :-'~ ~~ .~ a. Charles Schwab, Schwab One Account, Number 1504-8574, currently valued at $700.65 b. 450 shares of Common Stock of Ingersoll- Rand PLC., currently valued at 18,436.50 c. Certificate of Deposit, Number 949, at Springer Financial Corp., Philadelphia, Pennsylvania estimated value 2,500.00 d. Horizon Blue Cross Blue Shield Refund 71.00 e. Dividend check from Ingersoll-Rand PLC. 72.00 Total Assets $21,780.15 9. That the names of all unpaid claimants of whom the Petitioner has notice or knowledge are: a. Outstanding balance owed to Cumberland Crossings, Nursing Home $23,946.00 b. Continuing Care RX for medication 11.64 c. Anthony L. DeLuca, Esquire -attorney's fee 600.00 d. McGlaughlin and Associates -medical 64.22 e. Filing Fee to Register of Wills 43.50 Total Claimants $24,665.36 10. That a schedule of assets and deductions for inheritance tax purposes will be filed with the Register of Wills; inheritance tax assessed in the amount of $ -0-. 11. That the Petitioner, the only heir, has been given written notice of the intention to file this Petition and hereby consents to waive the requirement of the twenty (20) days prior written notice of the intention to file such Petition. A copy of her Waiver and Consent is attached hereto and incorporated herein by reference. WHEREFORE, Petitioner prays that this Court direct distribution of the property of the said Emma E. Demarest in the following manner: That the Petitioner be authorized to contact the brokerage firm of Charles Schwab and be authorized to execute any and all documents necessary to liquidate the Schwab One account, Number 1504-8574, of Emma E. Demarest at the brokerage firm of Charles Schwab; that the proceeds from the liquidation of said account be made payable to Janet F. Catarino and that Charles Schwab be directed to comply with the request that said account be liquidated and the proceeds be made payable to Janet F. Catarino; 2. That the Petitioner be authorized to sell the 450 shares of Common Stock of Ingersoll-Rand PLC; that Petitioner be authorized to execute any and all documents necessary to sell said shares of stock and that the proceeds from the sale of the 450 shares of Common Stock of Ingersoll-Rand PLC be made payable to Janet F. Catarino; 3. That the Petitioner be authorized to close the Certificate of Deposit, Number 949, at Springer Financial Corp. in Philadelphia, Pennsylvania; that Petitioner be authorized to execute any and all documents necessary to close said Certificate of Deposit and that the proceeds be made payable of Janet F. Catarino; 4, That the Petitioner be authorized to pay Cumberland Crossings Nursing Home the sum of $20,500.00 towards the outstanding balance owed to Cumberland Crossings Nursing Home, which sum Cumberland Crossings Nursing Home has agreed to accept in full satisfaction of the outstanding balance of $23,946.00; 5. That the Petitioner be authorized to pay the outstanding balance of $11.64 owed to Continuing Care RX for medication ; 6. That the Petitioner be authorized to pay the outstanding balance of $64.22 owed to McGlaughlin and Associates; and 7. That the Petitioner be authorized to pay Anthony L. DeLuca, Esquire $600.00 for services rendered. That the Petitioner be authorized to execute any and all tax documents that may be needed to be signed in order to comply with the laws of the Commonwealth of Pennsylvania, the United States of America, and any local government. Respectfully submitted, DATED: /Z ~ ~ `~` Anthony L. De uca, Esquire ~ 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 Telephone (717)258-6844 Attorney I.D. No. 18067 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition For The Settlement Of A Small Estate In Accordance With 20 PA C.S.A. Section 3102 are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ~~;~°~~/~ ~_ " r ~~ et F. Catarino IN RE: : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA The Estate of Emma E. Demarest, Deceased :Orphans' Court Division No. WAIVER AND CONSENT The undersigned party, having an interest in the Estate of Emma E. Demarest, hereby waives the required twenty (20) days prior written notice of the intention to file a Petition for the Settlement of a Small Estate in accordance with 20 Pa. C.S.A. Section 3102 and consents to the averments set forth in said Petition and Decree, as said averments apply to the undersigned party. sf Date: ~' Sworn to and subscribed before me this ~~-`day of <.(~ ~-E:~,~.- , 2012. /~~, Notary' ublic .....r...... NOtAR1At SEAL MARS A OEWCA NOf~r hlNe s. MOOLEtON 1SS~. ~ CGU"1TY t~wN~IM E~ia~ Nw 4 .~ o ~ ~ ~aifet F. Catarino ~lt ~~~ Ullll~ 0~ QI~, ~UI~'ll I, EMMA E. DEMAREST, residing at 1703 Kenyon Avenue, in the Borough of South Plainfield, County of Middlesex, New Jersey, being of sound mind and disposing. mind, memory and understanding do make, publish and declare this to me my Last Will and Testament, hereby revoking any and all. prior Wills and Codicils by me made. FIRST: I order that all my just debts and funeral expenses be paid as soon as the same may be practicable after my decease. SECOND: I hereby give, devise and bequeath all the rest, residue':and remainder of my property, of whatsoever kind and wheresoever situate, of which I may die seized or possessed, or to which I may be entitled at the time of my death, over which I Nave a Power of appointment or any interest to my daughter, JANET F. CATARINO. THIRD: I hereby nominate and constitute and appoint my daughter, JANET F. CATARINO, as Executrix under this my Will and Testament. I direct that no bond or other security be required of her for the faithful performance of her duties hereunder. I authorize and empower my Executrix to sell, lease, mortgage and pledge all of my real or personal property on such terms as she may deem fit, either at public or private sale. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 11th day of JUNE, 2001. EMMA E. DEMAREBT EXHIBIT "A" i~1 ~tt~~ - ~i~nin~ ~tn~- ~~e1~-~ruu~e~ ,~f~~ttui~ IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ 11th day of June , 20 O1 EMMA E. DEMAREST This Will was SIGNED, SEALED, PUBLISHED and DECLARED by the above named Testator (or Testatrix), as and for his or her Last Will and Testament in the joint presence of us, who,.at his or her request and in his or her presence and in the presence of each other, have hereunto subscribed our names as witnesses, this 11th day of June , 20 O1 Signatures Names of Witnesses ......Irma Morales ................................................. ....... .... ...... Katherine Lindeman .................... I, EMMA E . DEMAREST the Testator (or Testatrix) sign my name to this instrument this 11th day of June , 2001 ,and being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will; that I sign it willingly; that I execute it as my free and voluntary act for the purposes therein expressed; and that I am 18 years of age or older, of sound mind and under no constraint or undue influence. • MA E . DEMAREST Testator (or Testatrix) We, the above-named witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the undersigned authority that the Testator (or Testatrix) signed and executed this instrument as his or her Last Will and that he or she signed it willingly; that each of us, in the presence and hearing of the Testator (or Testatrix), hereby signs this Will as witness to the signing thereof by the Testator (or Testatrix); and that to the best of our knowledge the Testator (or Testatrix) is 18 years of age or older, of sound mind and under no constraint or undue influence. 304 Maple Avenue, S. Plainfield, NJ .......................... ........ ........ .............................. . ................................................................................................... Y"rma ora,~:es Address Witn ss ,304 Maple Avenue, S. Plainfield, NJ Witness Kathe ine Lindeman Address STATE OF NEW JERSEY COUNTY OF MIDDLESEX SS: Subscribed, sworn to and acknowledged before me by EMMA E . DEMAREST the Testator (or Testatrix), and subscribed and sworn to before me by Irma Morales and Katherine Lindeman ,the witnesses, this 11th day of June ,2001. _ / 07016-Will Page-Signing and Self-Proved Affidavit ATTORNE A~I,Ygyg~~'~T~~~EmJBRSEY Rev. 12/97 P10/00 A Division of ALL-STATE International, Inc. 800-222-0610 www.aslegal.com