HomeMy WebLinkAbout07-29-13 (2) IN RE: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV :
ESTATE OF SHIRLEY BENNETT LOTZ : �
A/K/A/ SHIRLEY ANNE BENNETf LOTZ : -__ �;.;
: ORPHANS' COU� DIVISI� �� �Y�
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Deceased : NO. 2010-1196 -�� ., �-- �-�
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PETITION FOR RECONSIDERATION OF PETITION UNDER 3�C��'I�N 3175 Q� --�-
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THE PROBATE ESTATES AND FIDUCIARIES CC�DkE ��' ` ``
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TO CANCEL (DECREASE) BOND AND WAIVE SECURIT`�'�C�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
WA1VE SECURITY FOR BOND, stating, "So long as the suit against Holy Spirit is open, we are
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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
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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
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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
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= statements made in the foregoing are true and correct and that false statements may
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t subject me to the penalties of 18 Pa.G.S. §4804.
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Dyane . it squire
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� STATE OF CONNECTICUT : .
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; COUNTY OF FAIRFIELD -
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' 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
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; 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
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