HomeMy WebLinkAbout10-16-12The Law Office of
Susan J. Smith
3009 Market Street Camp Hill, PA 17011 Phone: 717-763-1650 Fax: 717-763-1651
October 17, 2012 n
~~
~'
Via Hand Deliverv: n
; --
~
f
Hon. Kevin A. Hess ~
Cumberland County Court of Common Pleas ,
~"_:;
One Courthouse Square o ~~
Carlisle, PA 17013 = ~_
f..~
r.~
iV
c-y
--~
,_T
~~
_,~,
E-., ~,..
-_~ ~~
~_ :-~
rn
-~
s
~a
Re: Estate of Arthur Lentz - In Re: Petition to Allow Sale of Estate Asset and Petition
for Filing of Accounting; Docket No. 32-I1-1422
Dear Judge Hess:
In the course of the September 26, 2012 hearing on the Petitions, Your Honor directed that
I provide the Executor's proposed order to Petitioner's counsel by facsimile for specific
concurrence with ordering paragraph (i). A copy of the original proposed order and the letter to
Attorney Jackson are attached for your reference.
Attorney Jackson has expressed no objection to ordering paragraphs (ii) and (iii) of the
original proposed order.
Attorney Jackson has further advised of his limited representation of Petitioner Gingrich.
Accordingly, counsel mutually agreed to request that the Court order the appearance of Petitioner
Gingrich and Executor Young, without presence of counsel, to offer specific testimony on the
Shiwers Country Clipper mower valued at $6,566.00. T'he Executor claims that the mower is an
Estate asset, having been used in the Decedent's business and listed as covered equipment in a
tradesman insurance policy issued by Goodville Mutual Casualty Company to Arthur Lentz t/a
Pete's Lawn Care. Petitioner Gingrich claims she purchased the mower. Executor and Petition
present competing invoices for the mower, made part of prior filings with the Court and attached
for the Court's reference.
I have enclosed a revised Order containing the foregoing agreed-to terms.
Encl.
cn
cc: Aaron C. Jackson, Esq.
The Law Office of
Susan J. Smith
3009 Market Street Camp Hill, PA 1701 1 Phone: 717-763-1650 Fax: 717-763-1651
September 26, 2012
BY FACSIMILE (717.232.6802)
Aaron C. Jackson, Esq.
Tucker Arensberg, P.C.
2 Lemoyne Drive, Suite 200
Lemoyne, PA 17043
Re: Estate of Arthur Lentz - In Re: Petition to Allow Sale of Estate Asset and Petition
for Filing of Accounting
Dear Aaron:
During today's hearing on the above-referenced Petitions, Judge Hess directed
that I provide the enclosed proposed Order to you by facsimile for your specific
concurrence with proposed ordering paragraph (i) relating to Petitioner Gingrich's
Petition. judge Hess expressed his intent to grant proposed ordering paragraphs (ii)
and (iii) relating to Petitioner Gingrich's Petition.
Judge Hess granted Executor Young's Petition from the bench. The bench order
will be memorialized in a written order.
Please timely advise of your position on proposed ordering paragraph (i).
Very truly yours,
/s/
Susan J. Smith
Encl.
cc: Honorable Kevin A. Hess, P.J.
IN RE:
ESTATE OF ARTHUR H. LENTZ,
DECEASED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
N0.21-11-0422
IN RE: PETITION TO ALLOW SALE OF ESTATE ASSSET AND
PETITION FOR FILING OF ACCOUNTING
ORDER
AND NOW, this day of
2012.
Upon consideration of the Petition of Petitioner, Executor Douglas Young, for leave to
sell an asset of the Estate of Arthur H. Lentz that has been specifically identified as a truck
bequeathed to Betty J. Gingrich, it is hereby ORDERED that said Petition is GRANTED.
Upon consideration of the Petition of Petitioner, Betty J. Gingrich, for filing of an
accounting, it is hereby ORDERED that:
i. Executor may sell all assets of the Estate for their cash value to be applied to the
Estate expenses and claims, including but not limited to:
a. Specific bequests stated in the Will; and
b. Shiwers Country Clipper mower valued at $6,566.00 and listed as
covered equipment in a tradesman insurance policy issued by Goodville
Mutual Casualty Company to Arthur Lentz t/a Pete's Lawn Care.
ii. Within 20 days of the date of this Order, Petitioner Gingrich shall exercise due
diligence and either produce or provide information to the Executor as to the
location and person(s) in possession of the following Estate assets:
a. Any assets of the Estate that aze the subject of specific bequests and which
remain in the possession of Petitioner Gingrich;
b. Any cash assets of the Estate which remain in the possession of Petitioner
Gingrich; and
b. Shiwers Country Clipper mower valued at $6,566.00 and listed as
covered equipment in a tradesman insurance policy issued by Goodville
Mutual Casualty Company to Arthur Lentz t/a Pete's Lawn Caze.
iii. On or before December 31, 2012, Petitioner Young shall file a final accounting of
the Estate.
Judge