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HomeMy WebLinkAbout02-07-11IN RE: ESTATE OF JOHN V. SHOEMAKER, III, LATE OF SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DNISION PENNSYLVANIA, DECEASED ESTATE NO. 21-06-04'~ ~~ ~~~ AMENDEMENT OF FIRST AND FINAL ACCOLfl~'"'~ AND PETITION FOR ADJUDICATION/STATEME~ OF PROPOSED DISTRIBUTION ~ n r~ Tj ~ (, "~ rn ~~ ~ ~ r,-+ n7 ~ _~:~ ~~ ~.:} _:,: -~-~ ~- C~ 1._ ; ~, `n ~, ~- AND NOW, comes Robert Fisher, Executor of the Estate and under the Last Will and Testament of John V. Shoemaker, III, Deceased ("Executor") and submits the following amendment to the First and Final Account ("Account") and Petition for Adjudication/Statement Proposed Distribution ("Petition/Statement") as heretofore filed. 1. The Last Will and Testament of John V. Shoemaker, III ("Will") dated June 8, 1998, was duly probated in above captioned proceeding on June 1, 2006, and Letters Testamentary were issued to the Executor on the same date. 2. Said Will contains the following relevant provision: "FIFTH. I give and bequeath ten thousand dollars ($10,000.00) to DONNA HOFFMAN, the mother of my grandson, JOHN V. SHOEMAKER, V, absolutely". 3. Executor entered upon the administration of the Decedent's estate and filed his First LAW OFFICES SNELBAKER & BRENNEMAN, F.C. and Final Account, together with the Petition/Statement, on January 28, 2011, and gave notice thereof on the same date to all known persons interested in the Estate, including to "Donna Hoffman" c/o John V. Shoemaker, IV, indicating proposed distribution under the above quoted provision of Decedent's Will. 4. On February 3, 201 1, Executor's attorney received a telephone message from "Donna Kauffman" advising: that she received the notice and documents; that she was not the mother of John V. Shoemaker, V; that she was the mother of Jesse Evan Shoemaker (a grandson of the Decedent); that she resides with John V. Shoemaker, IV; that the mother of John V. Shoemaker, ~ is presently unknown. 5. Executor is now uncertain as to the correct person to receive the bequest in Item Fifth quoted above. WHEREFORE, Executor amends the Account and Petition/Statement as follows: A. To suspend distribution to "Donna Hoffman" as proposed in Account and Petition/Statement pending further order of the Court; B. To have the Executor continue to hold the proposed distribution to "Donna Hoffman" pending determination of the appropriate distributee; and C. To proceed with the confirmation of the Account and order distribution pursuant to all other proposed distributees as indicated in the Account and Petition/Statement. SNELBAKER & BRENNEMAN, P.C. By: Richazd C. Snelbaker Dated: February 7, 2011 LAW OFFICES SNELBAKER & BRENNEMAN. P.C. Verification of Executor The undersigned hereby verifies that he is the Executor of the above-mentioned Estate of John V. Shoemaker, III and that the facts set forth in the foregoing Amendment to First and Final Account and Petition for Adjudication/ Statement of Proposed Distribution which are within the personal knowledge of the Executor are true, and as to facts based on the information of others, the Executor, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). Signature of Executor Rated: k'ebxuazy 7, 201 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SNELBAKER ~ BRENNEMAN, P.C. n FROFFSSIONnL coRFORnnoN ATTORNEYS AT LAW 44 WEST MAM STREET MECHANICSSURG, PENNSYLVANIA 17055 RICHARD G SNELBAKER _ KEITH O. BRENNEMAN 717-697-8528 February 7, 2011 T0: Inovision-Medclr Portfolio Group, LLC C/0 NCO Financial Systems, Inc. P.O. Box 15630, Dept 16 Wilmington, DE 19850-5630 Donna Hoffman C/0 John V. Shoemaker, IV 138-A Cumberland Street Duncannon, PA 17020 John V. Shoemaker, V #HL5782 801 Butler Pike Mercer, PA 16137 John V. Shoemaker, V C/O Kelly Shoemaker, Power of Attorney 118 West Main Street Windsor, PA 17366 Dianne Liberator 170 East Penn Street Carlisle, PA 17013 Douglas G. Miller, Esquire Attorney for Dianne Liberator 60 West Pomfret Street Carlisle, PA 17013-3222 Edward L. Schorpp, Cumberland County Suite 208 County Solicitor Courthouse 1 Courthouse Square Carlisle, PA 17013 Donna Kauffman 138-A Cumberland Street Duncannon, PA 17020 Re: Estate of John V. Shoemaker, III, Deceased Estate No. 21-06-0474 SECOND NOTICE TO PARTIES IN INTEREST P. O. BOX 318 FACSIMILE (7V) 67.7681 The undersigned, as Attorney for Robert Fisher, Executor of the Estate and under the Last Will and Testament of John V. Shoemaker, III, Deceased, hereby gives notice to-each of the above named SNELBAKER F~ BRENNEMAN, P.C. Estate of John V. Shoemaker, III, February 7, 2011 Page 2 persons pursuant to Rule 6.3 of the Pennsylvania Supreme Court Orphans' Court rules as follows: 1. He has filed this date in the office of the Clerk of Orphans' Court and Register of Wills of Cumberland County, Pennsylvania, at Carlisle, PA, an Amendment to his First and Final Account and Statement of Proposed Distribution and Petition for Adjudication, a true copy of which is enclosed herewith. 2. Said Account and Petition/Statement as amended will be presented to a judge of the Orphans' Court Division of the Cumberland County Court of Common Pleas at the Cumberland County Court House, 1 Court House Square, Carlisle, PA 17013, on March 1, 2011 at 9:00 o'clock A.M., prevailing time, at which time said Account as amended will be confirmed and distribution ordered in accordance with said Statement of Proposed Distribution as amended unless written objections are filed prior thereto. 3. You have the right to Account and Petition/Statement a confirmation as scheduled above. file written objections to said s amended prior to the e tr yours, Richard C. Snelbaker RCS:sks Enclosures CERTIFICATION OF SERVICE Snelbaker & Brenneman, P.C., by Richard C. Snelbaker, Esquire, hereby certifies that a true and correct copy of the foregoing Amendment of First and Final Account and Petition for Ad'udication/Statement of Pro osed Distribution was duly served upon each of the persons set forth on the copy of the attached Second Noti~P to pa,-t;A~ r„ Interest by sending the same this date by first-class mail postage paid addressed as indicated in said notice. SNELBAKER & BRENNEMAN, P.C. B Y : ,,,y. Richard C. Snelbaker Dated: February 7, 2011 LAW OFFICES SNELBAKER RC BRENNEMAN, F.C.