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HomeMy WebLinkAbout12-26-12 (2) 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 ~ rte..; --- ti ~ ~ ~ ~ ~ ~ ~ ~ rn ~ ~ .., ' ~ T-- P" N r t 3"x'7 t' ,. ~~~ p.u. V _ ,. ~+ C~ ~l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-11-0422 MOTION FOR EXTENSION OF TIME TO FILE FINAL ACCOUNTING AND NOW, comes Douglas C. Young, Executor of the Estate of Arthur H. Lentz, Deceased, by and through his counsel, and files this request for an extension of time to file final accounting, 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. Executor Young obtained Letters Testamentary from the Cumberland County Register of Wills on Apri12, 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. 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. 6. 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 March 28, 2011. Executor Young also found a copy of the invoice for its purchase among Decedent's records. 7. The October 16, 2012 Order further directed Ms. Gingrich to "produce ar provide information to the Executor as to the location and person(s) in possession ofl' 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 the mower's whereabouts was provided in that correspondence. 9. By letter dated November 6, 2012 counsel for Executor Young forwarded to Ms. Gingrich a copy of the October 16 order and requested full 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. The third party purchaser confirmed the purchase of the mower on May 9, 2011. 12. Ms. Gingrich sold the mower 7 days before Executor Young, by arrangement, took possession of the remainder of Decedent's assets at the home of Ms. Gingrich. 13. By letter dated November 19, 2012 counsel for Executor Young again responded to Ms. Gingrich requesting compliance with this Court's October 16 Order. 14. 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. 15. By separate Motion, Executor Young requests that the Court order Ms. Gingrich to return the value of the mower to the Estate. 16. As the issue of the mower asset remains unsettled, Executor Young is unable to complete administration of the Estate and prepaze a final accounting before December 31, 2012 in accordance with this Court's October 16, 2012 Order. Wherefore, Executor requests that the Court enter an Order granting an Extension of Time to file the final accounting until Mazch 1, 2012. Respectfully Submitted, THE LAW OFFI~,E OF SUSAN J. SMITH Date: December 26, 2012 San J. Shnith, Esq. Pa.I.D. No. 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 1st-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 /~ Su J. Smith