HomeMy WebLinkAbout12-26-12
Susan J. Smith, Esq.
Pa.I.D. No. 62531
The Law Office of Susan J. Smith
3009 Market Street
Camp Hill, PA 17011
P:717-763-1650
F: 717-763.1651
Attorney for Douglas C. Young
IN RE:
ESTATE OF ARTHUR H. LENTZ,
DECEASED
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
N0.21-11-0422
MOTION TO COMPEL BETTY J. GINGRICH TO
RETURN VALUE OF ASSETS TO ESTATE
AND NOW, comes Douglas C. Young, Executor of the Estate of Arthur H. Lentz,
Deceased, by and through his counsel, and files this motion, and in support thereof avers as
follows:
1. Arthur H. Lentz (Decedent) died testate on March 29, 2011, leaving a Will dated
July 10, 2009.
2. In his Will, Decedent appointed Douglas C. Young as his Executor.
3. As Executor, Young obtained Letters Testamentary from the Cumberland County
Register of Wills on April 2, 2011, Estate No. 2011-0422.
4. Executor Young has exercised due diligence in inventorying and valuing the
assets of the Estate and has made a determination that the Estate is without sufficient cash assets
to pay claims against the Estate, including the Estate's inheritance tax.
5. The Shivvers County Clipper valued at $6,566.00 was listed as covered
equipment on Decedent's tradesman insurance policy for Pete's Lawn Care with Goodville
Mutual Casualty Company, dated Mazch 28, 2011. Executor Young also found a copy of the
invoice for its purchase among Decedent's records.
6. On October 16, 2012 the Hon. Kevin A. Hess entered an Order permitting
Executor Young to sell all assets of the Estate in order to pay the expenses and claims, including
but not limited to a truck bequeathed to Betty J. Gingrich and a Shivvers Country Clipper
mower.
7. The October 16, 2012 Order further directed Ms. Gingrich to "produce or provide
information to the Executor as to the location and person(s) in possession of certain assets,
including the mower.
8. By letter dated October 31, 2012 Ms. Gingrich indicated that she had sold the
mower; however no further information as to its whereabouts was provided.
9. By letter dated November 6, 2012 counsel for Young forwazded to Ms. Gingrich a
copy of the October 16 order and requested compliance with its terms.
10. By letter dated November 9, 2012 Ms. Gingrich provided the name and address of
the individual to whom she sold the mower; however she continued to dispute the determination
that the mower was an estate asset. Ms. Gingrich had previously produced a competing and
second-in-time invoice for the purchase of the mower and now produced a mower "repair"
receipt.
11. By letter dated November 19, 2012 counsel for Young again responded to Ms.
Gingrich requesting compliance with this Court's October 16 Order.
12. By letter dated November 29, 2012 counsel for Young received correspondence
from William C. Dissinger, Esq., indicating that he had been retained by Ms. Gingrich in this
matter. Attorney Dissinger repeated Ms. Gingrich's stated position that the mower is not an
estate asset and asserted that, having identified the purchaser and the present location of the
mower, Ms. Gingrich had fully complied with the October 16 Order.
13. Executor Young submits that the October 16 Order contemplated the return of the
mower asset or its equivalent value to the Estate.
14. The mower was purchased by Decedent and valued on his business insurance
policy, entered into immediately prior to Decedent's death, at $6,566.00.
15. Ms. Gingrich asserts that she had the mower repaired and produced an unnoted
check statement, dated April 9, 2011, payable to Central Hardware in the amount of $356.29.
Executor Young submits that this value more likely represents payment for servicing the
commercial mower rather than payment for a major repair.
16. The third party purchaser confirmed the purchase of the mower on May 9, 2011 in
the amount of $3,500, approximately one-half of the purchase price/insured value.
17. Ms. Gingrich sold the mower 7 days before Executor Young, by arrangement
between Executor Young and Ms. Gingrich, took possession of the remainder of Decedent's
assets at the home of Ms. Gingrich. Executor Young submits that Ms. Gingrich sold the mower
so as to not be in possession of the mower at the time arranged for Executor Young to take
possession of the Estate assets.
18. Executor Young submits that the value of the mower at the time of its sale by Ms.
Gingrich on May 9, 2011, taking into consideration usage and depreciation, is $5,500.
19. By separate motion, Executor Young has requested an extension of time for the
filing of the accounting for the Estate because of the unresolved status of the mower asset.
Wherefore, Executor requests that the Court enter an Order compelling Ms. Gingrich to
return the amount of $5,500 to the Executor, Douglas C. Young, for inclusion in the estate.
Respectfully Submitted,
THE LA,~JV OF~CE OF SUSAN J. SMITH
Date: December 26, 2012
Sua~an J. S 'th, Esq.
Pa.I.D. N .62531
3009 Market Street
Camp Hill, PA 17011
Attorney for Douglas Young, Executor,
Estate of Arthur H. Lentz
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served on the
following individual(s) on the date and by the method as indicated below:
Service by 1°t-Class Mail:
William C. Dissinger, Esq.
Dissinger and Dissinger
400 South State Road
Marysville, PA 17053
Attorney for Betty J. Gingrich
Date: December 26, 2012