HomeMy WebLinkAbout11-15-10IN RE: ESTATE OF JOHN V. : IN THE COURT OF COMMON PLEAS OF
SHOEMAKER, III, Deceased :CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
No. 2006 - 00474
PA FILE NO. 21- 06 - 04'4 0
PETITION FOR A CITATION TO SHOW CAUSE o
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WHY AN ACCOUNT SHOULD NOT BE FILED ~.~~ ~ ` '
IN ACCORDANCE WITH 20 PA C.S.A. § 3501.1 ~=1"' ~ ~ ~ ~ ~ ~~~~
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TO THE HONORABLE
THE JUDGES OF THE SAID COURT: <.~
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The petition of Dianne K. Liberator, residuary beneficiary of the Estate of John V.
shoemaker III, Deceased, by and through her attorneys, Irwin & McKnight P.C., respectfully
represents as follows:
1. John V. Shoemaker III (hereinafter the "Decedent") died on June 1, 2006, a
resident of Cumberland County, Pennsylvania, leaving a Last Will and Testament dated June 8,
1998, a true and correct copy of the Decedent's Last Will and Testament is attached hereto and
incorporated herein as Exhibit "A"
2. Also on June 1, 2006, Letters Testamentary were granted to Robert Fisher, now or
formerly of 6 Johns Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, by the
Register of Wills of Cumberland County, Pennsylvania.
3. Petitioner, Dianne K. Liberator, is a party in interest in the Estate, being both a
daughter of the Decedent and the residuary beneficiary under Paragraph Nine of the Decedent's
Last Will and Testament.
4. More than six (6) months have elapsed since the first complete advertisement of
the grant of letters, and as of November 1, 2010, no account of the Executor has been filed.
5. In fact, more than four (4) years have elapsed since the passing of the Decedent
without any distributions made to the Petitioner, and without any accounting having been filed.
6. On July 26, 2007, the Pennsylvania Inheritance Tax Return was filed on behalf of
Decedent's estate.
7. Several errors exist on the filed tax return, most notably from the face of the
document that on Schedule J, a grandson, John V. Shoemaker, V, is listed to receive $10,000.00
and a 1999 Dodge Van "as per Item Sixth of Will" when Item Sixth of the attached Last Will and
Testament identifies only the Decedent's sister "AVERIL SANDNES, absolutely" as the named
beneficiary.
8. It is believed and therefore averred that death tax closing letters have been
received from the Department of Revenue of the Commonwealth of Pennsylvania.
9. Given the length of time since the passing of the Decedent and the filing of the
Pennsylvania Inheritance Tax Return, there is no reason that an account should not be filed, the
assets distributed, and the Estate terminated.
10. Petitioner has made numerous inquiries to the Executor and his legal counsel as to
why the Estate has not been distributed and finalized, but has yet to receive any response to her
inquiries.
11. In particular, Petitioner sent letters in July of 2008 to the Cumberland County
Register of Wills and in May of 2010 to Attorney Richard C. Snelbaker, both of which letters are
filed of record in this matter.
12. The Executor has failed to provide Petitioner with an account of his
administration, despite her repeated requests that they do so.
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13. The Executor may now be cited to file his account pursuant to 20 Pa. Cons. Stat,
Ann. § 3501.1.
14. The Honorable J. Wesley Oler, Jr. previously issued Orders of Court in this matter
with regard to the sale of certain real property.
WHEREFORE, Petitioner requests that a citation be awarded, directed to Robert Fisher,
Executor to show cause why he should not file an account of his administration of the Estate of
John V. Shoemaker III, deceased, within twenty (20) days.
IRWIN & McKNIGHT, P.C.
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Douglas G. er, squire
Supreme Co I.D. # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013-3222
(717) 249-2353
Date: November 15, 2010 Attorney for Petitioner
Dianne K. Liberator
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VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
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DIANNE K. LIBERATOR
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LAST WILL AND TESTAMENT
OF
JOHN V SHOEMAKER, III
I, JOHN V. SHOEMAKER, III, of the Township of Silver
l Spring, Cumberland County, Pennsylvania, being of sound and
~ disposing mind, memory and understanding, do hereby make,
. publish and declare this as and for my Last Will and Testament,
,= hereby revoking and making void any and all wills and codicils
by me at any time heretofore made.
FIRST. I order and direct that all my just debts and
funeral expenses be paid by my Executor or Executrix, as the
- case may be, hereinafter named, as soon as conveniently may be
done after my decease.
SECOND. I give and bequeath twenty-five thousand dollars
($25,000.00) to my son, BRYAN SHOEMAKER, absolutely.
THIRD. I give and bequeath one thousand dollars
~ ($1,000.00) to my son, JOHN V. SHOEMAKER, IV, absolutely.
FOURTH. I give and bequeath twenty thousand dollars
($20,000.00) to ONETHA OWENS, also known as "PAT" OWENS,
absolutely.
FIFTH. I give and bequeath ten thousand dollars
($10,000.00) to DONNA HOFFMAN, the mother of my grandson, JOHN
V. SHOEMAKER, V, absolutely.
SIY.'T'H. I give :end bequeath i_c:n thous,na :i~llars
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($20,000.00) to my sister AVERIL SANDNES, absolutely.
EIGHTH. Should any of the persons named hereinabove as
legatees and devisees in paragraphs SECOND through SEVENTH,
inclusive, predecease me, I direct that his or her share of my
estate be added to and distributed as part of the residue of my
estate.
NINTH. I give, devise and bequeath all the rest, residue
and remainder of my estate, real, personal and mixed, whatsoever
and wheresoever situated unto my daughter, DIANNE LIBERATOR.
If my daughter, DIANNE LIBERATOR, should predecease me
and leave issue to survive me, I order and direct that my
residuary estate shall be distributed unto her issue per
stirpes, but subject to the protective trust provisions in Item
TENTH below with respect to any beneficiary who has not attained
the age of twenty-three (23) years at the time for distribution
of such benefits .
TENTH. I order and direct that the distributive share of
~ each beneficiary under the age of twenty-three (23) years at the
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time of distribution shall be delivered unto ROBERT FISHER as
trustee, to be held in trust and distributed only upon the
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beneficiary's attainment of age twenty-three (23) years, at
which latter time the trust shall be terminated and the balance
thereof delivered to the beneficiary absolutely.
1 During the existence of said trust, the assets shall
be invested in good and secure investments, all income shall be
accumulated and reinvested, and the benef iciary shall have no
j right to anticipate, pledge, assign, receive or otherwise have
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cease so to serve, then and in such event, I order and direct
that the surviving parent of each beneficiary shall serve as
such trustee.
LASTLY. I nominate, constitute and appoint my friend,
namely., ROBERT FISHER, to be the Executor of this, my Last Will
and Testament, but if for any reason he should fail to qualify
as such Executor or cease so to serve, then in that event, I
nominate, constitute and appoint my daughter, namely, DIANNE
LIBERATOR, to be the Executrix hereof, each and both to serve
without bond or other security as a condition of qualification
hereunder. I fully intend that my Executor or Executrix be
reasonably compensated for his or her efforts.
. IN WITNESS WHEREOF, I, JOHN V. SHOEMAKER, III, have
hereunto set my hand and seal to this my Last Will and Testament
written on Three (3) pages this ~~L day of June, 1998.
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John V. Shoemaker, III ,
The preceding instrument, consisting of Three (3)
typewritten pages, identified by the signature of the Testator,
was on the date thereof signed, sealed, published and declared
II~ by JOHN V. SHOEMAKER, III, the Testator therein named, as and
for his Last Will and Testament, in the presence of us, who, at
his request, in his presence and in the presence of each other,
have hereunto subscribed our names as attesting witnesses.
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CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
RICHARD C. SNELBAKER, ESQUIRE
SNELBAKER & BRENNEMAN, P.C.
44 WEST MAIN STREET
MECHANICSBURG, PA 17055
Date: November 15, 2010 IRWIN & McKNIGHT, P.C.
Douglas G. ller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for Petitioner