HomeMy WebLinkAbout06-20-13 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 DIVISION
Deceased NO. 2010-1196
W " PETITION UNDER SECTION 3175 OF
W
iT u ° 'THE PROBATE ESTATES AND FIDUCIARIES CODE
a TO CAMCEL (DECREASE) BOND AND WAIVE SECURITY FOR BOND
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7iEONOP,4A @LE JUDGES OF THE SAID COURT:
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�Fetitiq-9er, Dyad?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:
1. 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: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.
3. Attorney Smith the Administratrix, is a member of the Bar of the State of
Connecticut in good standing.
4. A k�rst and Partial Ac�counting and Petition for Adjudication/Statement of
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Proposed Distrio0on 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.
5. 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 through Estate
counsel Johnson, Duffie, Stewart, &Weidner, P.C., although Duffie knew of and failed to
report to the court his clear conflict of interest in representing the Estate as counsel for
Holy Spirit Hospital, due to an active lawsuit pending against Holy Spirit Hospital by the
Decedent and although the sole beneficiary made written objection as to his role as
counsel for the Estate. .
6.. Subsequent to the court's order approval of the resignation of Richard Simpson
as Executor and Jerry Duffie 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.
7. 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 and
despite the fact that Attorney Duffie failed to inform the sole beneficiary that waiver could
have been made of the bond under Pennsylvania law..
8. The bond is coming up for renewal and the Estate will be billed another $2,580.00
for the 13/14 term while the lawsuit against Holy Spirit Hospital remains active.
9. Bond renewal will unnecessarily dissipate Estate funds and would be extremely
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.
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Respectfully submitted,
THE A INI IX d.b.n.c.t.a
B
D n i
Juris No. 4
Law Offices of Dyane V. Smith, LawSmith LLC
10 Liberty Place
Bethel, CT 06801
Administratrix (d.b.n.c.t.a)
Dated:�
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.
6n4 , Esquire
STATE OF CONNECTICUT
SS.
COUNTY OF FAIRFIELD
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.
WITNESS MY HAND this U day of 20LJ
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/gignat0ey
(Address) ??
S o n to or affirmeo and subscribed before me this day of
✓� , 20 My Commission Expires: my CommissionExpiies
May 31,2014
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