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HomeMy WebLinkAbout04-29-14 _ . _ _ � F:�FILES\ClientsU5062 Clarkson\150622 Estate\15062.2.petition,wpd Christopher E. Rice, Esquire I.D.No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES � 10 East High Street �, � � � Carlisle, PA 17013 � o r" � � � o (717) 243-3341 W � � �n � rn � c> _,..� � :� �.�. r- rv ..., !-,� : IN THE COU�ZT��'COft�fMOlV�,EAS OF : CUMBERLAI�D���LJN�Y, RF1�ISYLVANIA IN RE: Estate of Katherine L. Clarkson, . � � � � �.�`�: C=, Deceased : NO. 21-12-1a`�9� o `� ��" � � : � �� � � : ORPHANS' COURT DI�SION PETITION TO TERMINATE BOND AND NOW, comes the Petitioner, William H. Clarkson, Administrator of the Estate of Katherine L.Clarkson,by and through his attorneys,MARTSON LAW OFFICES,and respectfully requests the Court's approval to terminate the Bond (as hereinafter defined) as follows: 1. Katherine L. Clarkson died September 24,2012,intestate,a resident of Cumberland County, Pennsylvania. 2. Petitioner was and is the sole beneficiary of Katherine L. Clarkson. 3. Letters Administration were issued to the Petitioner on October 29, 2012,under the above-referenced docket number for the Estate of Katherine L. Clarkson (the "Estate"). Attached hereto as Exhibit"A" is the Letters Administration. 4. Since the Petitioner was a resident of Henry County,Indiana,he was required to post a Bond with the Court. 5. The Bond was obtained from CNA Surety in an amount equal to$140,000.00,which was issued on October 17, 2013, and was known as CNA Surety Bond#61496634 (the "Bond"). 6. The Administrator had duly administered the Estate according to the laws of the Commonwealth of Pennsylvania, which included, but was not limited to, paying all taxes owed to the Commonwealth. 7. The Beneficiary executed an Agreement to Indemnify, Receipt and Release ("Informal Accounting") for the final distribution without a formal accounting to avoid certain expense, delay and publicity of a formal accounting and because he was the sole beneficiary. 8. As a result of such Informal Accounting, no Court Order was issued which would release CNA Surety, as the bond company, from maintaining the Bond. 9. CNA Surety has recently sent a letter dated April 17, 2014, demanding further payment. Attached hereto as Exhibit"B" is a copy said letter. 10. After contacting CNA Surety,Petitioner was advised that CNA Surety needed a Court Order before they could terminate the Bond and cancel the related policy. 11. Petitioner represents that no further party needs to receive notice of this Petition as Petitioner was and remains the sole beneficiary and the administrator of the Estate. 12. Attorney John Oszustowicz serves as co-counsel to Petitioner and has requested the assistance of Martson Law Offices in terminating the Bond. WHEREFORE,Petitioner requests that this Court grant its Petition to Terminate Bond and permit CNA Surety to cancel the policy and terminate the Bond. Respectfully submitted, MARTSON LAW OFFICES gy ��� 4' �2�--� Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Apri129, 2014 Attorneys for Petitioner . COMMONWEALTH OF PENNSYLVANIA SHORT CERTIFICATE COUNTY OF CUMBERLAND � �l �� �S � '`� I, L/SA M. GRAYSON, ESQ. Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 29th day of October, Two Thousand and Twel ve, Le t ters of ADMINISTRA TION in common form were granted by the Register of said County, on the es ta te of KATHER/NE LEE CLARKSON , la te of CARL/SLE BOROUGH (First,Middle,Lastl in said county, deceased, to WILLIAM H CLARKSON (Fiist,Middle,Lasl/ and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 24th day of April Two Thousand and Fourteen. File No. 2012- 01089 PA Fi l e No. 21- 12- 1089 Da te of Dea th 9/24/2012 S. S. # .� �!� ` `'' . ) � J Register f Will. f � �- �"� . C Deputy , NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL Exhibit "A" e �►��:�~���.��;'� April 17, 2014 William H. Clarkson 3341 US Highway 36 East New Castle IN 47362 CNA Surety Bond #61496634 Term Due: 10/17/13 Description: Admi�istrator Katherine LnClarkson0�000.00 Amount Due $8gp,00 Mr. Clarkson: This letter is to inform you that our records show we have not been aid for the term and premium noted. if the bond has been paid or if you ha e an the above bond for contact 1-800-331-6053. y questions, piease �f uavment has not been made lease forward our remittance b A ' Lockb�x Address: ��l 9th 2fl14 CNA Surety Overnight Address: PO Box 957312 CNA Surety Direct Bill #957312 St. Louis MO 63195-7312 C�O US Bank Mail Code: SL-MO-CIWS 1005 Convention Plaza St. Louis MO 63101 You have 10 days from the date of this letter to remit your payment in full Thank you in advance for your cooperation, Sincerely, CNA Surety Direct Collect Exhibit "B"