HomeMy WebLinkAbout07-29-13 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' COUR� DIVISI� y� �r°�
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Deceased : NO. 2010-1196 =�� �- �--- �=�
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PETITION FOR RECONSIDERATION OF PETITION UNDER�C�'14N 3175 Q� �=-��
THE PROBATE ESTATES AND FIDUCIARIES CA'DkE - —=� �'` --:-�
TO CANCEL (DECREASE� BOND AND WAIVE SECURIT�'��R'BO�D �..�
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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 for Reconsideration 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 Court DENIED the PETITION UNDER SECTION 3175 OF
THE PROBATE ESTATES AND FIDUCIARIES CODE TO CANCEL (DECREASE) BOND AND
WAIVE SECURITY FOR BOND, stating, "So long as the suit against Holy Spirit is open, we are
reluctant to waive the posting of some bond. Further, the court did not reduce the bond.
3. For the reasons set for in the Petition, and because the suit against Holy Spirit
poses zero risk to the Estate as evidenced by the attached letter from Attorney Mike
Navitsky which is incorporated herein by reference, the beneficiary, who does not require
protection by a bond against herself, respectfully requests that the court reconsider its
decision based on this additional information.
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,
THE BENEFICIARY AND ADMINISTRATRIX
d.b.n.c t.a
Y
yane . h
J ris . 4 86
Law Offices yane V. Smith, LawSmith LLC
10 Liberty Place
Bethel, CT 06801
Administratrix (d.b.n.c.t.a)
Dated July 26, 2013
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.
Dyane . it squire
STATE OF CONNECTICUT : .
: SS. �i�V� �
COUNTY OF FAIRFIELD :
DYANE V. SMITH, ESQ. being duly sworn accordi g t law, deposes and says that she
is the Petitioner in the above matter and that the f ct set forth i e egoing petition
are true and correct to the best of her knowledge inf rmation nd belief
.W/TNESS MYHAND this C�� da f Jul , 012
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Sworn to or affirmed and subscribed before me this � day of
, 20�. My Commission Expires: ��3� � t�—
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NAVITSKY OLSON & WISNESKI LLP
A T T U R N E Y S AT L A W
July 24,2413
Dyane V. Smith, Esquire
Law Smith LLC
P.O.$ox 723
Bethel,CT 06801
In Re: Estate of Shirley Bennett-Lotz v. Holy Spirit Hospital
Dear Dyane:
Please accept this to confirm our conversation of this morning in which I conf rmed to
you as Administratrix of your mother's Estate that the pending litigation on behalf of the Estate
against Holy Spirit Hospital can in no way expose the Estate to financial risk or expense.
Pursuant to our contingency fee contract,attorney fees and litigation expenses will be paid out of
any settlement. If the case goes to verdict and we are successful,the Estate would pay our
attorney fee and reimburse litigation expenses out of the verdict. If the case went to verdict and
we lost,the Estate would owe us nothing in terms of an attorney fee, and we would be
responsible for all litigation expenses,not the Estate. Therefore,the pending litigation exposes
the Estate to no financial risk whatsoever.
With best personal regards,I remain,
,
Cordially, `
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Michae . vitsky
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