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HomeMy WebLinkAbout05-16-12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ) ~o N ESTATE OF ARTHUR H. LENTZ, ) ~, DECEASED ) ~~ <~~ PETITION FOR RULE TO SHOW CAUSE ~"' ~ ~ °1 WHY AN ACCOUNT SHOULD NOT BE FILED oc ~ ' ~ ~ ~-' ~' Petitioner Betty J. Gingrich ("Betty") files this Petition for Rule to Show Cause Why a"'n Account Should Not Be Filed pursuant to 20 Pa.C.S. § 3501.1 (the "Petition") and states as follows: The Parties 1. Arthur H. Lentz (the "Decedent") died testate on March 29, 2011 leaving a will dated July 10, 2009, (the "Will"). A true and correct copy of the Will is attached hereto as Exhibit "A". 2. By his Will, Decedent appointed Douglas C. Young as executor (the "Executor"), to whom the Cumberland County Register of Wills (the "Register") granted Letters Testamentary on April 1, 2011 as Estate No. 2011-0422. A true and correct copy of the Letters Testamentary is attached hereto as Exhibit "B". 3. Betty is a beneficiary of the Decedent's Estate pursuant to Item III of the aforementioned Will. Jurisdiction rn~ G7 ;~ ~, 'C ~. ; m f c; -- ~, "~= ra ppm `Fi 4. Betty brings this Petition pursuant to 20 Pa. C. S. § 3501.1. The Truck and Clock 5. By his Will, Decedent bequeathed to Betty in Item III, his grandfather clock ("Clock") and a 2008 Ford Truck (the "Truck"). The Estate 6. Betty has attempted to ascertain the status of Executor's administration of the Estate from his counsel to no avail. 7. Betty has reason to believe that the Executor has filed a Certificatioon of Notice to the Beneficiaries under Orphans Court Rule 5.6. 8. Betty has not been notified by the Executor or his counsel as to whether or not a first and complete advertisement of the Estate has been effected. 9. Betty has not been notified by the Executor whether an Inventory of the Estate has been filed. 10. Betty has not been notified by the Executor whether pursuant to Pennsylvania Supreme Court Orphans' Court Rule 6.12, a Status Report has been filed. Relief Requested 11. Chapter 3501.1 of the Pennsylvania Decedents, Estates and Fiduciaries Code provides in pertinent part as follows: A personal representative may be directed by the court to file an account of his administration at any time. 20 Pa. C. S. § 3501.1 12. Well over one year has expired since the Grant of Letters Testamentary to the Executor on April 1, 2011. 13. The Executor has refused to relinquish the Truck and Clock. 14. Upon information and belief available to Betty, the Estate is solvent, which may result in the truck being given to Betty as the Wi11 devises. 15. As a named beneficiary, Betty petitions the Court to compel the Executor to file an Account as provided for under Section 3501.1. WHEREFORE, Petitioner, respectfully requests that this Honorable Court issue a rule to Executor, Douglas C. Young citing him to appear before this Court and to render an Account in the manner and form required by law as provided for under 20 Pa. C. S. § 3501.1. Date: S ~~ S ~ ~'-° ~ ~- Respectfully submitted, TUCKER ARENSBERG, P.C. By .~ Aa .Jackson Pa. I.D. # 200490 Tucker Arensberg, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (412) 566-1212 Counsel for Betty J. Gingrich EXHIBIT A Last Will and Testament OF ARTHUR H. LENTZ !i I, ARTHUR H. LENTZ, of Middletown, Dauphin County, Pennsylvania, do make. publish and declare this to be my Last Will and Testament, hereby revoking all Wills and ii Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by the Executor out of the property passing out of the residue of this Will, as an expense and cost of administration of my estate. The Executor shall leave no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the property passing under this Will as an expense and cost of administration of my estate. ITEM III: I give and bequeath to BETTY JANE GIi~'GRICH, my grandfather clock and truck. ITEM IV: I give and bequeath to ALBERT LARGENT all of my tools, lawn mowers and equipment. I ITEM V: I give, devise and bequeath all the rest, residue and remainder of my estate, not disposed of in the preceding portions of this Will, to my 'grandson, DOUGLAS YOUNG, per stirpes. ITEM V: In the settlement of my estate, the Executor shall possess, among others, the following powers: (a) To retain any investments I may have at my death, including specifically those consisting of stock of any bank as long as the Executor may deem it advisable to my estate so to do, (b) To vary investments, when deemed desirable by the Executor, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other property, real or personal, as the Executor shall deem wise.. without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to effect a division of the principal of my estate or for any other purpose, including any final distribution, the Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind, and to allocate specific assets among beneficiaries hereunder so long as the total market value of any share is not affected by such division, distribution or allocation in kind. Should it appear desirable to partition any real estate, the Executor is authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, recognizances or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale and upon such terms and conditions as the Executor may deem advantageous to the estate, any or all real or personal estate or interest therein owned by the estate severally or in conjunction with other persons or acquired after my death by the Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assigml~ents, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon the Executor in this paragraph or elsewhere in my Will. (e) To mortgage real estate, and to make leases of real estate. (t) To borrow money from any party, including the Executor, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy. estate and other taxes, and to assign and pledge assets of my estate therefor. (g) "T'o pay all costs, taxes, expenses and charges in connection with the administration of my estate. (h) To make distributions of income and of principal to the proper beneficiaries thereof, during the administration of my estate, with or without court order, in such manner and in such amounts as my Executor deems prudent and appropriate. (i) To vote any shares of stock which form a part of the estate, and otherwise to exercise all the powers incident to the ownership of such stock. (j) In the discretion of the Executor, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of the estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment. as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under athird-party beneficiary contract. (1) To do all other acts in the Executor's judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate. ITEM VI: Any person who shall have died at the same time as i shall have, or in a common disaster with me, or under such circumstances that the order t~f our deaths cannot be established by proof, or withir. thirty (30; days of my death. shall be deemed to have predeceased me. ITEM VII: If at any time any beneficiary under the age of twenty-one (21) years shall be entitled to receive any assets hereunder, the Executor of this Will shall receive such assets as Custodian under the Pennsylvania Uniform Transfers to Minors Act for that beneficiary. Such Custodian may receive and administer all assets authorized by law, and shall have full authority as provided in the Pennsylvania Uniform Transfers to Minors Act to use such funds in the manner it deems advisable for the best interests of such beneficiary. In addition, said Custodian shall have all the rights and privileges as to the Custodianship and its ', ;assets as are herein granted to the Executor as to my estate and the assets therein. I also deli ;nate said Custodian as successor Custodian of any property for which 1 am custodian under i ~ any Uniform Gifts to Minors Act, or Uniform Transfers to Minors Act. ITEM_VIII: 1 hereby nominate, constitute and appoint my grandson, DOUGLAS YOUNG, to be the Executor, herein referred to as "Executor''. In the I event of his death or his inability or refusal to serve, I nominate, constitute and appoint BETTY ', ,[ANE GINGRICH. The Executor is specifically relieved from the duty or obligation of filing any bond or other security. ITEM Ik: I have specifically and with intent excluded my children. Debbie Bomberger and Gary Lentz, from this, my Last Will and Testament. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding four (4) pages, at the end of each page of which i have also set my initials for greater security and better identification this day of .luly, . ?009. ,~; _~-'v-ti~~,~~( ~~ .Y~ -~-t~ (SEAL) ARTHUR ~I. LENTZ We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named his or her as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and. in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. ~ ~ (SEAL) ;. r~ ~ (SEAL) Residing at />S S ,a'3~~.Sf' ~~ />ii Residing at 7 s ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS.: COUNTY OF DAUPHIN ) I, ARTHUR H. LENTZ, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ~:•C,v~.~,~,z ~I -~--r-'~~ (SEAL) ARTHUR H. LENTZ Sworn to and subscribed before me this ~r~~F~' day of July, ?009. ~ ~ / ~ r i .~.[, 71 4.~ Y~~ ~...~ CV ~Z~ Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA ~S1~,r~,T,) Notarial Seal Karen W. Pott, Notary Public Susquehanna Twp., Dauphin County My Commissan Expires Oct. 25, 2ata Member. Pennsylvania Association of Notaries AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS.: II We, /~ii,Y 15 • /.~o`~ and L~~n i T l`Pn~ l~ . ~ Y~ y~ ,the i Witnesses whose names are signed to the attached or foregoing instrument, being duly qualified ~I according to law, do depose and say that we were present and saw ARTHUR H. LENTZ .I ~ sign and execute the instrument as his Last Will and Testament; that he signed willingly and that he executed the Will as free and voluntary act for the purposes therein expressed; that each of us ;; in the hearing and sight of his or her signed the Will as Witnesses; and that to the best of our ,~ ',i knowledge he was at that time eighteen (18) or more years of age, of sound mind and under no ~I constraint or undue influence. I! ~, fitness Sworn to and subscribed before me this ~'' `~~' day of.luly, 2004. r r c~- Notary Public My Commission Expires: SE.MMONWEALT4i OF PENNSYLVANIA Notarial Seai Karen W. Porr, Notary Public Susquehanna Twp., Dauphin County Wly Ccmmission Exp{ros Oct. 2S, 20it) ~~~nem*~er ~ennsvlvania Association of Notaries '~~ 09259-U01~150792 i ii ~' ~I ~~ ~4 I I ~, q~ ~i V~ l Witness VERIFICATION I, Betty J. Gingrich, hereby state that the facts contained in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorfties. Dated: ~ f ~ , 2012 etty J i g ch PROOF OF SERVICE i~ On this ~ S day of , 2012, I hereby certify that I caused a true and correct copy of the foregoing PETITION FOR RULE TO SHOW CAUSE WHY AN ACCOUNT SHOULD NOT BE FILED to be served upon the Executor through his counsel of record via First Class U.S. Mail, postage prepaid, addressed as follows: Douglas C. Young, Executor c/o Susan J. Smith, Esq. The Law Office of Susan J. Smith 3009 Market Street Camp Hill, Pennsylvania 17011 Douglas C. Young 114 N. High Street Duncannon, PA 17020 TUCKER ARENSBERG, P.C. Y Aaron C. Jackso