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IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV
ESTATE OF SHIRLEY BENNETT LOTZ
A/K/A/ SHIRLEY ANNE BENNETT LOTZ ,~,
ORPHANS' COURT DIVI ;~
Deceased : NO. 2010-1196 ~
[r-, N w.R ~»-~
PETITION UNDER SECTION 3175 OF c~C??,: -v ~, ~ ~-,
THE PROBATE ESTATES AND FIDUCIARIES CODE gc s =~ `t,
TO CANCEL (DECREASEI BOND AND WAIVE SECURITY FOR SID `,w~ ~ ~=;
cn
TO THE HONORABLE JUDGES OF THE SAID COURT:
Petitioner, Dyane V. Smith as sole beneficiary and Administratrix d.b.n.c.t.a. of the
Estate of Shirley Bennett Lotz, deceased, files this Petition pro se for Court for approval
of (i) waiver of renewal of bond for the Administratrix d.b.n.c.t.a.and (ii) order of
cancellation of the bond, and respectfully represents that:
The court has jurisdiction to decrease bond to effect waiver of bond renewal
and to order cancellation of the bond under Section 3175 of the Probate, Estates and
Fiduciaries Code.
2. The sole party in interest is:
a. Dyane V. Smith, of 24 Ridgewood Drive, Redding, Connecticut,
daughter of decedent and only residuary legatee and next of kin of the
decedent, now entitled to 100°~ of the residual Estate.
b. The Administratrix is a member of the Bar of the State of Connecticut in
good standing.
3. A First and Partial Accounting and Pe#ition for Adjudication/Statement of
Proposed Distribution pertaining to the administration of the Estate of Shirley Bennett
Lotz, dated June 17, 2011, was filed with the court by the former Executor, Richard
Simpson III.
4. The First and Partial Accounting reflected satisfaction of all outstanding debts
~~
of the decedent, and, payment by check to each pecuniary legatee and each residuary
charitable legatee named by the decedent in her Last Will and Testament, except that no
distribution was made as part of the First and Partial Accounting to Dyane V. Smith, the
remaining legatee, and only daughter of the decedent; although Ms. Smith had made such
request to the Executor through Estate counsel Johnson, Duffle, Stewart, & Weidner, P.C.
5. Subsequent to the court's order approval of the resignation of Richard Simpson
as Executor and Jerry Duffle as Estate counsel, a Grant of Letters to Dyane V. Smith as
Administratrix d.b.n.c.t.a. became effective as of July 21, 2011.
6. A $2,580.00 bond was ordered posted through CNA Surety; despite the fact that
the Administratrix d.b.n.c.t.a was also the sole beneficiary to the residual of the Estate.
7. The bond is coming up for renewal and the Estate will be billed another $2,580.00
for the 12/13 term.
8. Bond renewal will unnecessarily dissipate Estate funds and would be prejudicial
to the beneficiary, particularly as the funds are invested long term and subject to losses for
sale and /or penalties for distribution and loss of interest.
WHEREFORE, this Honorable Court is requested to (i) waive the renewal of the bond,
and (ii) order that it be cancelled for the benefit of the Estate and its sole beneficiary.
Respectfully submitted,
Dated: ~ ~ -" ~~
DYANE~V.,,SM~ ESQUIRE
B
D rr ' ro Se
Juris No. 430963
Law Offices of Dyane V. Smith,
10 Liberty Place
Bethel, CT 06801
Administratrix (d. b. n. c. t. a)
LawSmith LLC
VERIFICATION OF PETITIONER
I, Dyane V. Smith, Esquire, Administratrix d.b.n.c.t.a, verify that the statements made in
this Petition are true and correct to the best of my personal knowledge, or information
and belief. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. §4904 relating to unsworn falsification to authorities, I verify that all the
statements made in the foregoing are true and correct and that false statements may
subject me to the penalties of 18 Pa.G.S. §4804.
D e ,Esquire
STATE OF CONNECTICUT
COUNTY OF FAIRFIELD
SS.
DYANE V. SMITH, being duly sworn according to law, deposes and says that she is the
Petitioner in the above matter and that the facts set forth in the foregoing petition are true
and correct to the best of her knowledge information and belief.
. W/TNESS MYHAND this O~t 5~ day of
(Address)
worn to or affirmed
20 l~
My Commission Expires:
20~.
o ~~O/
and subscribed before me this c~/s-f- day of
1 My Commission Expires
Aug. 31, 2014 ..,_,,.... --.. -
Christian-Baker Company
P.O. Boz 158
Camp Hill PA 17001-0158
Phone: 717-761-4712 Faa: 717-761-5810
Dyane V. Smith Esq
24 Ridge Wood Dr.
Redding, CT 08896
STATEMENT Pagel
ACCOUN[ NO. STATE~f AS OF
SMITHI4 09/048012
PRODUCER
Brian D. Warner
Inv # Trn Eff Date Trn Date'Due Date: Description
15282 REN 07/12/12 07/02/12 07/12/12 Bond: Shirley Bennet-Lutz
Item # 275851 Balance Due:
Total Balance Due:
Pl®ase make checks payable to Christian-Baker Co.
Amount.
2,580.00
2,580.00
2,580.00
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