Loading...
HomeMy WebLinkAbout03-09-11IN RE: ESTATE OF 1N THE COURT OF COMMON PLEAS OF OHN V. SHOEMAKER, III, LATE :CUMBERLAND COUNTY, PENNSYLVANIA _ .._ OF SILVER SPRING TOWNSHIP, :ORPHANS' COURT DI _ ~QN _-- -_-- ~' UMBERLAND COUNTY, .~ ~' = - ENNSYLVANIA, DECEASED :ESTATE NO. 21-06-0474 y , w~ ~.~ ~, -"= rr ~ '}~:`_~~ MOTION TO ESTABLISH PROPER DISTRIBUT~~ ~ J T ~ __. _~ AND NOW, comes Robert Fisher, Executor of the Estate and under the Last Will and rI'estament of John V. Shoemaker, III and respectfully represents as follows: John V. Shoemaker, III (Decedent") died on June 1, 2006 leaving a Last Will and estament dated June 8, 1998, which has been duly probated in this proceeding which contains, alia, the following provisions: FIFTH: I give and bequeath ten thousand dollars ($10,000.00) to DONNA HOFFMAN, the mother of my grandson, JOHN V. SHOEMAKER, V, absolutely. 2. Executor has completed his administration of the Estate and his First and Final was confirmed by this Court on March 1, 2011, except for an issue arising with Item of Decedent's Will, for which an amendment to the Accounting was filed suspending of the bequest under said Item Fifth pending determination of the proper distributee. 3. The following facts have come to the attention of said Executor: a. Donna Hoffinan is unknown as ever being a member of the Shoemaker family. b. Donna Hoffman is not the mother of John V. Shoemaker, V. The mother of John V. Shoemaker, V, is Diane Auxer Shoemaker ("Diane"). d. Diane was married to John V. Shoemaker, IV, from which marriage John V. Shoemaker, V, was born on November 7, 1975. LAW OFFICES SNELBAKER 8C BRENNEMAN, F.C. e. The marriage was dissolved by divorce in 1983, following which Diane disappeared leaving John V. Shoemaker, V, in the care of John V. Shoemaker, IV. f. The present whereabouts of Diane are unknown. g. Donna Kauffman has come forward believing she was intended as the beneficiary of said Item Fifth based upon the following: (1) Donna Kauffman has cohabitated with John V. Shoemaker, IV, which relationship existed at the date of Decedent's Will (June 8, 1998) and continues to the present time. (2) From said relationship a child was born on February 9, 1990, known as Jesse Evan Shoemaker ("Jesse"). (3) Donna Kauffman and Jesse frequently visited with Decedent, and Decedent is reported to have taken a loving grandfatherly interest in Jesse. 4. Based on the foregoing, Executor believes that Decedent intended to name Donna as the mother of Jesse to be the beneficiary under Item Fifth. 5. Diane Liberator, residuary beneficiary under Decedent's Will, concurs with Executor's as documented by her counsel's letter dated March 1, 2010, a true copy of which is hereto as "Exhibit A". WHEREFORE, Executor respectfully requests your Honorable Court, after hearing, to that the beneficiary under Item Fifth of Decedent's Will shall be Donna Kauffman and the Executor to distribute the bequest as reserved to the said Donna Kauffman. Respectfully submitted, LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. SNELBAKER & BRENNEMAN, P. C. By: Richard C. Snelbaker Supreme Ct. ID #06355 44 West Main Street Mechanicsburg, PA 17050 March , 2011 Attorneys for Executor -2- LAW OFFICES IRWIN ~ McIQVI GHT, P. C. WEST POMFRET PROFESSIONAL BUILD/NG 60 WEST POMFRET STREET ROGER B. IRWIN CARL/SLE, PENNSYLVANIA 17013-3222 MARCUS A. McKNIGHT, III DOUGLAS G. MILLER 1717) 249-2353 S7EPHENL. BLOOM FAX (7 1 71 249-6354 MATTHEW A. McKNIGHT WWW.IRW/NMCKN/GHT. COM March 1, 2011 VIA FACSIMILE (717) 697-7681 and U.S:. MAIL RICHARD C. SNELBAKER, ESQUIRE SNELBAKER & BRENNEMAN, P.C. 44 WEST MAIN STREET MECHANICSBURG, PA 17055 RE: ESTATE OF JOHN V. SHOEMAKER, III Docket No. 2006 - 0474, Cumberland County Dear Attorney Snelbaker: HAROLD S. IRWIN (1925-1977) HAROLD S IRWIN, JR (1954-1986) IRWIN. IRWIN &IRWIN (1956-1986) IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN, McKNlGHT & HUGHES (1994-1003) IRWIN & McKNIGHT (1003-2008) Per your request during our discussions this morning at the confirmation of accounts, Ms. Liberator does not oppose the specific distribution of the devise to "Donna Hoffinan" being paid to "Donna Kauffinan." It is my understanding that Ms. Kauffinan currently resides with John V. Shoemaker, IV, and resided with him at the time the Last Will and Testament was signed. It is also my understanding that her name is frequently confused with "Hoffinan" and that she regularly receives mail addressed in that name: My client therefore believes that it was her father's intent to include Ms. Kauffinan as a beneficiary, and that he also mistakenly identified her as "Hoffinan." Please advise as to your intentions with regard finally resolving this matter, including the anticipated timetable for distribution. Very truly yoars, IRWIN & McKNIGHT, P.C. /~ Dou as G. Miller DGMads cc: Dianne Liberator EXHIBIT A VERIFICATION I, Robert Fisher, hereby state that, I am the moving party in this proceeding and that the facts set forth in the foregoing Motion within my personal knowledge are true and correct, and as to facts received from information of others, I believe them to be true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Robert Fisher (Executor) Date: March 8 , 2011 LAW OFFICES SNELBAKER & BRENNEMAN, P.C.