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HomeMy WebLinkAbout12-06-10IN RE: ESTATE OF JOHN V. IN THE COURT OF C 11~hv10N PLEAS OF SHOEMAKER, III, Deceased :CUMBERLAND COU~T!Y, PENNSYLVANIA ORPHAN'S COURT D~V~S!ION No. 2006-00474 LAW OFFICES SNELBAKER 8C BRENNEMAN. P.C. NOTICE TO PLEAD TO: Dianne K. Liberator, Irwin & McKnight, P.C. and Douglas G. Mil~e~j, Esquire You are hereby notified to file a written response to the enclosed I~ew Matter within twenty (20) days from service hereof or a judgment may be entered against you. SNELBAKER & BRENNEII~AN, P. C. By: ted: Aecembe~ 6, 20I.0 Richard C. ~nelbaker, ~s~uire Attorneys for Robert Flsh r, Executor of Estate of John V. Shbe~naker, Deceased "t~l ~' 0 c, a r~ ~~ ~-? • ,, rr~ t ~ ~a =_ .r1 r.."3 'T`i _ r~ ~,, ~ t~'1 ~..~~ i ~ ~i 'i 2010I~EC -5 ',PI"1 9~ 42 IN RE: ESTATE OF JOHN V SHOEMAKER, III, Deceased IN THE COURT OF CQ CUMB$RLAND COUI~IT ORPHAN'S COURT D1~V No. 2006-00474 )., PA ON PLEAS OF PENNSYLVANIA AND NOW, comes Robert Fisher, Executor of the Estate of John ~J. Shoemaker, III, yaw o~,cEs SNELBAKER & BRENNEMAN, P.C. Deceased, by his attorneys, Snelbaker & Brenneman, and responds to the ~'~eliminary Decree issued on November 17, 2010, by the Honorable J. Wesley Oler, Jr., of this Court and any lawful i citation issued therebyi, and the underlying Petition for a Citation to Shbx~ Cause Why an ~ Account Should Not be Filed in Accordance with 20 Pa.C.S.A. ~ 3501.1' (hiereinafter called "Petition"), as follows: 1. It is admitted that the Decedent died on June 1, 2006 and left ~ ill dated June 8, 1998. It is denied that "Exhibit A" attached to the Petition is a true and ~o~rect copy of Decedent's Will. On the contrary, the document attached as "Exhibit A"' al~hough labeled as the "Last Will and Testament of John V. Shoemaker III", is only a partial or'~ot~erwise altered document which is in no way a true and correct copy of the Will probateld ~d filed in the Office of the Register of Wills in and for Cumberland County. ', 2. Admitted. ' It is noted that two "Citations" were issued by the Clerk of this Court on November 1 ~, 2~JI0 - -two days before the Preliminary Decree authorizing their issuance was entered by Judge Oler. 3. It is admitted that Petitioner (Dianne K. Liberator) is a party. in interest, is a daughter of Decedent and is the person named as residuary beneficiary under D~c~dent's Will. 4. Admitted. 5. Admitted. 6. Admitted. 7. Pazagraph 7 of the Petition should be stricken as being impe~tir~ent and scandalous in that it alleges "several errors exist on the filed [inheritance) tax return" but it fails to allege -any specific errors. It is denied that Schedule J on the tax return is in error for the alleged failure to identify Decedent's sister, Averil Sanders, as the beneficiary rather than D~e~edent's grandson, John V. Shoemaker, V, as stated on the tax return. On the contrary, Ite~jn Sixth of Decedent's Will specifically provides as follows: "Sixth. I give and bequeath ten thousand dollars ($l0,Od,0.~0) and the motor vehicle owned by me and the time of my death to my gralndson, JOHN V. SHOEMAKER, V, absolutely." 8. Admitted. 9. It is admitted that at the present time, there aze no impedimenlts ~o concluding the estate. If Petitioner's attorney had complied with local Rule of Court C.~.~P. 208.2(d), before initiating this litigation, he would have learned that the accounting process shad begun, thus obviating the need for the Petition and this litigation. 10. It is admitted that Petitioner had made inquiries of the nature al~l~ged, but it is denied that she "has yet to receive any response to her inquiries." On the contra'~y~ it is averred that she was advised early in the administration of the Estate of the impediment t~ t~~ final distribution, LAw o~,cEs SNELBAKER 8C BRENNEMAN, P.C. 2 __ _ __ _ _ - _ __ -- _ _ _ _ _ _ _, - _ L as admitted by her correspondence with the Clerk of this Court filed in the Estate records on July 28, 2008 and cited in the Petition. 11. Admitted. By way of further response, it is averred that Pelitipner's letter to the Clerk of this Court filed on July 28, 2003 admits that Petitioner understbo~d''the reasons for the delay in accounting and distributing the estate: "Snelbaker told me that the DA had restricted him from distributing the estate because he was investigating me." 12. It is admitted that Petition has not filed an accounting nor Trade distribution of the estate. However, it is further averred that Petitioner was fully cognizant o~ the reason therefor as averred in paragraph 11, hereunder. Further it is averred that the accou~ti~rg process has commenced and that the account should be filed on or before the last dad ~'or filing on January 28, 2011. 13. It is admitted that the time requirements of 20 Pa.C.S. § 35011.E have been met for the filing of an accounting, which Executor is in the process of preparing ndw jthat the impediment against doing so earlier has been removed. 14. Admitted. NEW MATTER By way of further answer to the Petition and the rule to show cau~se~lor citation issued uw o~cEs SNELBAKER 8C BRENNEMAN. P.C. thereon, Executor avers the following: 15. Local Rule of Court C.C.R.P. 208.2(d) provides in relevant par as follows: "All motions and petitions shall contain a paragraph indic~.ti~g that the concurrence of any opposing counsel of record was soughjt aid the reasons 3 I _~ _ of said counsel;" 16. The firm of Snelbaker & Brenneman, P. C. has appeazed of record in this estate as LAw oFr~cEs SNELBAKER 8c QRENNEMAN, P.C. counsel to Executor since 2006. 17. Counsel for Petitioner at no time contacted the Executor's a~to~neys seeking the concurrence to the Petition required under C.C.R.P. 208.2(d). Had they d~rne so, they would have learned that the impediment against distributing the estate had beejn removed and that the required accounting would be prepazed for filing on or before January 2I8, 2011, thus obviating the need for the Petition and the present litigation. 18. The required accounting will be filed on or before January ~8, 2011. WHEREFORE, Executor requests your Honorable Court to cancel l~,,and dischazge the rule to show cause (and any lawful citation issued pursuant thereto) for failure ~o seek concurrence of opposing counsel and on the present representation that the accounting ~pvil~ be filed as assured above. Respectfully submitted, SNELBAKER & BRENN~N~AN, P. C. By: Richard C. Snelbaker s uire Attorney LD. #06355 44 W. Main Street Mechanicsburg, PA 17b5~ (717) 697-$528 Attorneys for Executor ~2ol~bert Fisher Date: Aeceutber 6, 2010 4 VERIFICATION I, Robert Fisher, hereby state that, I am the respondent in this ~rc}ceeding and that the facts set forth in the foregoing pleading within my personal lcnowledgje are true and correct and as to facts received from information of others, I believe them to be trj~e and correct. I understand that the statements herein are made subject to the penalties 0$18 Pa.C.S. § 4904 i I relating to unsworn falsification to authorities. ~ ~~~~ Robert Fis e (Executo#) ', Date: December 6 , 2010 LAw o~,cEs SNELHAKER 8t BRENNEMAN. P.C. CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy pf the foregoing document upon the persons indicated below by sending the same by fiat-~l~ss United States mail, postage paid at Mechanicsburg, PA 17055 addressed as follows: Douglas G. Miller, Esquire Irwin & McKnight, P. C. 60 West Pomfret Street Carlisle, PA 17013 (Attorney for Petitioner) Richazd C. Si Snelbaker & Attorneys for Date: December 6 , 2010 in, P. C. i~her, Executor uw o~c.Es SNELBAKER 8C BRENNEMAN, F.C.