HomeMy WebLinkAbout03-05-15 \\mdwo04\sys\FILES\ClientsU 5704 Smitl�,Terence\I 5704 J.petition.wpd
Christopher E. Rice, Esquire
LD. No. 90916
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013 �- �
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: IN THE COURT OF COMMOl'�1 PI�AS�F , `:;
: CUMBERLAND COUNTY, PEN�].SYLVANIA ;` ;
IN RE: Estate of Terence G. Smith, Jr., : ,
Deceased : NO. 21-13-1246 � r' �
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PETITION TO TERMINATE BOND
AND NOW, comes the Petitioners, Terence G. Smith, Sr. and Patricia A. Smith,
Administrators of the Estate of Terence G. Smith, Jr., by and through their attorneys, MARTSON
LAW OFFICES,and respectfully request the Court's approval to terminate the Bond(as hereinafter
defined) as follows:
l. Terence G. Smith, Jr. ("Decedent") died October 4, 2013, intestate, a resident of
Cumberland County, Pennsylvania.
2. Petitioners were and are the only beneficiaries of Terence G. Smith, Jr. Petitioners
are the parents of the Decedent.
3. Letters Administration were issued to the Petitioners on July 31, 2014, under the
above-referenced docket number for the Estate of Terence G. Smith, Jr. (the "Estate"). Attached
hereto as Exhibit"A" is the Letters Administration.
4. Since the Petitioners were residents of Collier County,Florida, they were required
to post a Bond with the Court.
5. The Bond was obtained from Western Surety Company in an amount equal to
$20,000.00, which was issued on August 1, 2014, and was known as Western Surety Company
#62111185 (the "Bond").
6. The Administrators 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.
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7. The Beneficiaries 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 they are the only beneficiaries.
8. As a result of such Informal Accounting, no Court Order was issued which would
release Western Surety Company, as the bond company, from maintaining the Bond.
9. Petitioners represent that no further party needs to receive notice of this Petition as
Petitioners were and remain the only beneficiaries and the Administrators of the Estate.
10. Attorney John Oszustowicz serves as co-counsel to Petitioners and has requested the
assistance of Martson Law Offices in terminating the Bond.
WHEREFORE,Petitioners request that this Court grant its Petition to Terminate Bond and
permit Western Surety Company to cancel the policy and terminate the Bond.
Respectfully submitted,
MARTSON LAW OFFICES
By C�4 �-
Christopher E. Rice, Esquire
I.D. No. 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: March 3, 2015 Attorneys for Petitioner
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REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA ADMINISTRATION
� No. 2013- 01246 PA No. 21- 13- 1246
� Es ta te Of: TERENCE G SMITH JR
' r�.:t Midd�e,tssrl
- -- ' La t e Of: HAMPDEN TO WNSH/P
� CUMBERLAND COUNTY
Deceased
Social Securi ty No: 620-18-6745
WHEREAS, TERENCE G SMITH JR
fFusb Midd/e.Las�l
late of HAMPDEN TOWNSHIP CUMBERLAND COUNTY
died on the 4th day of October 2013 and,
WHEREAS, the grant of Letters of Administration
is required for the administration of the estate.
THEREFORE, I, LISA M. GRAYSON, ESQ. , Register of Wi11s in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, have
this day granted Letters of Administration to:
TERENCE G SMITH SR and PATRICIA A SMITH
who have duly qualified as ADMINISTRATOR(RIX) of the estate
of the above named decedent and have agreed to administer the estate
according to Iaw, all of which fully appears of record in my office at
CUMBERLAND COUNTY COURT HOUSE, CARL/SLE, PENNSYL VAN/A.
IN TESTIMONY WNEREOF, I have hereunto set my hand and affixed the seal
of my office on the 31st day of July 2014.
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EXHIBIT
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**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)