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Home My WebLink About07-30-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ~~ ~ ~ IN RE: ) No 21-11-0422 '~~ ..- c~ ~ - . rn -, - : ' ~ ~ r . . , ESTATE OF ARTHUR H. LENTZ, ) cn -- _ w DECEASED ) ° ~ ~ . -a c> ~~ _ , ~ O ~' 1 .~ (.+? ANSWER TO NEW MATTER IN THE RETURN TO SHOW CAUSE AN NOW, comes Betty J. Gingrich ("Betty") by and through her counsel, to respond to the New Matter raised in the Return of Rule to Show Cause filed by Douglas C. Young, Executor of the Estate of Arthur H. Lentz and states as follows: New Matter 1. Admitted. 2. Admitted. 3. Admitted. 4. After reasonable investigation Betty is without sufficient knowledge or information as to know with certainty if Mr. Young has exercised due diligence in inventorying and valuation of the Decedent's assets. 5. Upon information and belief Betty believes the property the Executor has been unable to account for to be to located as follows: a. Shriwers Country Clipper Mower insured by Goodville Mutual Casualty Company was purchased by Betty from Central Hardware for decedent's use but was never Decedent's property and as such is not an asset of the estate. A copy a~ ;-~-, r . ~.., t :`~ ~-=_ X1.1 ~_::~ t; -,-; _. -„ ~- ~.r.1 ..~ D~ of Betty's check to Central Hardware for purchase of mower is attached hereto as Exhibit "A". b. The $600.00 security deposit on the property located at 1115 Strites Road, Middletown, Pennsylvania was waived by the Decedent and never collected because the tenants, Bradley and Debbie Hoak, were the children of decedent's good friend, Albert Largent, and as such is not an asset of the estate. c. Decedent, during his lifetime, was unable to collect the judgment in the amount of $2,153.92 ordered by District Justice Michael J. Smith, Magisterial District 12-2-01 on Complaint filed by Decedent and Petitioner, Co-Plainttiffs, on July 21, 2010 at Docket No. LT-0000469-10, for unpaid rents from Robert and Sharon Eshleman, because the Eshlemans disappeared before making payment. 6. After reasonable investigation Betty is without sufficient knowledge or information to know with certainty that the values of the property set forth in the inheritance tax return, prepared by Robert W. Morris, III and attached to the Return Of Rule To Show Cause, are accurate statements of the values of the assets of the Estate and therefore is not certain the inheritance tax due is accurately set forth. 7. After reasonable investigation, Betty is without sufficient knowledge or information to know with certainty if the asset with the single greatest value in the Estate is the Ford F-150 which was bequested specifically to her. 8. Betty is without sufficient information or knowledge to know with certainty if the Estate is without sufficient cash assets to pay the Estate's expenses and claims, including the inheritance tax. 9. Betty is without sufficient information or knowledge to know with certainty if the Estate is without sufficient cash assets to pay the Estate's expenses and claims, including the inheritance tax and so needs to sell assets specifically bequested in the Will. 10. By separate concurrent filing, Betty has filed a response to the Petition To Allow The Sale Of Estate Asset Subject To Specific Bequest. 11. Betty reserves the right to further pursue this issue if Mr. Young fails to file an accounting within 30 days of the grant of the Petition for sale of the Truck to further pursue this issue. WHEREFORE, Petitioner, respectfully requests this Honorable Court require the Executor, Doulglas C. Young, file an Account in the manner and form required by law as provided for under 20 Pa. C.S. § 3501.1 Date: ~ ( 1 7/ ~ ~ ~-- Respectfully submitted, TUCKER ARENSBERG, P.C. -~ By ~/ Aaron C. 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 f ~ + ~~ +. ~i- fir' ~i ~i '~.~ ~' - ~ ~:7 `~i ' Posting Date . ::. 2010 Apr 09 _ _ ,~~ --- - ~ -. __. ~ ~ - - eltls 514 ~~ esearc eq # G0 9ETTY J GWGRICH ER I ~ L,:~ ~+~ ,, iTy1 5133009135 Se ~ ~ Fe1 '.,+y ETT EA S. A I T `~ r yah,~~ ~~~~' ~ Z`~ HHtarr ACCOUnt # ~.. ~ ~; l~ 1 ~ %C ~ .-;i ~ r ~ ~~~G2_ ~ . /~4.r U ~~~ ~' f _ - . - ~-- ~ $r ~~"rsYc 7C(; 15004213015420 Check~Stora # Trust E ersiort ~ ~ xI ' ~ .. r; t~~/. ~iL':~.~rccL:'~ Z-~Y~ flKrrL ~~t:C! ~X~J~ t~~-.: 8 ~... 51a ,,...~.. ~ Y /~ DB/CR C , MBtT Bank ~ ~ ~~~ DB ~ 7 ` ,~ ~ Dollar Amount K ~:O3L3Q2955~:L5OO42i3OL5 42O~~'O ~y 'OCyOi76561=7O ~' I ~ . .• ..- - .: Bank# .M...> ~--~ ` f - -~ 096 r ' +1 (p~ • ~ .: ...: ' .~., ~ (~j ~1~ , 1 Branch # 06108 ~ j r° ~' --•~~ ~i .a ,Ari \s'` ~•-~ ~ ~-- - T ~ - "~ Deposit Acct # 1 7 40 ~ / ~ ~~ ~ ~F . ~ p f - ~~ • {? a ~ . K $ ~z ~ ~ ' ~ } T ~ 3 , ~ a ~ ~ -'~ ! ~ - r 3740 2 2 Record Type # 01 ~ n~wrv~ ~ ~ G .~ a 2 i t ~~ - ~~ ~ J m _ ~'~ , ~~ ~ fit t ~ - . :: . _ ~ ~ men , ? ~. . ..~.. .. :.- • . _ .~ 91L1 M1 ~~ `iIL~ Q' _~ ` V i` .ea ~ ~ ~ 1 - . , ~ •~; - r• ~, . ~ .` , ~~„ ,,~ A ? P V - - - •'~ ~ _ . 6 _- A l t~ ( Lad htranet A _ ~ EXHIBIT Y K 11 a 9 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 unsworn falsification to authorities. Dated: ~-7 , 2012 Be y J. PROOF OF SERVICE On this ~~ y of , 2012, I hereby certify that I caused a true and correct copy of the foregoing ANSWER TO NEW MATTER IN THE RETURN TO SHOW CAUSE 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. --~ By: Aaron C. Jackson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) No. 21-11-0422 ESTATE OF ARTHUR H. LENTZ, ) DECEASED ) ORDER OF COURT AND NOW, this _ day of , 2012, the ANSWER TO NEW MATTER IN THE RETURN TO SHOW CAUSE, as presented by Betty J. Gingrich, it is hereby ORDERED and DECREED that Douglas C. Young, Executor of the Estate of Arthur H. Lentz, Deceased, shall file an account of his administration of the Estate of Arthur H. Lentz, Deceased, within thirty (30) days after the sale of the Orphans' Court grant of the Petition for sale of the trust. BY THE COURT: J.