The URL can be used to link to this page

Home My WebLink About01-25-07 KOPE & ASSOCIATES, LLC By: Shane B. Kope, Esq. Court ID 92207 4660 Trindle Road, Suite 201 Camp Hill, Pa 17011 (717) 761-7573 sbkope~kopelaw.com (") So ~:~ ::0 [.,d'~'O ;_J~~ ./._- --,,'1 .-. -- (/) s;~ ,..._~, '.-~~ 5~~ ~? r. ..1'__.,) 11 uc : :"',J ::;-:3-1 .)....... 1"-.,) = C::J -..I <- :I':"" Z N CJ1 ~ -J,.:r. w IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION No. 21-05-1032 Estate of JEAN E. WITTHOFT, Deceased. MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioners Shane B. Kope, Esquire, and Kope & Associates, LLC and motions this Court to make absolute the Order that it issued in this matter on December 8, 2006, and in support of said Motion states as follows: 1. Jean E. Witthoft ("decedent") died intestate on October 12, 2005, a resident of Cumberland County, Pennsylvania. 2. Decedent's sole heirs are her son, the Petitioner, who resides at 3703 Raccoon Valley Road, Millerstown, Pennsylvania, and her two daughters, Maria Neve, who resides at P.O. Box 4940, Incline Village, Nevada, and Jean Zeigler, who resides at 2717 Butler Street, Harrisburg, Pennsylvania. 3. On November 28, 2005, Letters of Administration were granted on Petition for the same by the Register of Wills of Cumberland County to Maria Neve and Jean Zeigler. 4. On December 5, 2005, Certification pursuant to Local Rule 5.6. was filed with the Register of Wills. 5. On December 6, 2005, Renunciation of Heirs along with its Certification was filed with the Register of Wills. 6. On October 26, 2006, Petitioner requested the administratrixs, via their attorney of record, to file an Inventory. A copy of Petitioner's written request is attached hereto as Exhibit "A." 7. More than four (4) months have elapsed since the granting of Letters of Administration to Maria Neve and Jean Zeigler, and more than sixty (60) days have elapsed since Petitioner's written request to Maria Neve and Jean Zeigler, via their attorney of record, that they file an Inventory. 8. On December 6, 2006, Petitioners filed with this Court a Petition for Rule to Show Cause Why Administratrixs Should not be Ordered to File an Inventory in Accordance with 20 PA.C.S.A. ~ 3301(C). 9. On December 8, 2006, this Honorable Court, by Judge Kevin A. Hess, issued a Rule to Show Cause, ruling the administratixs to show cause why Petitioner's Petition to Show Cause should not be granted. A true and correct copy of said Rule to Show Cause is attached hereto and incorporated herein as Exhibit "8". 10. The Order/Rule was returnable within twenty (20) days after service. 11. The Rule to Show Cause was served on Respondent's Attorney on December 12, 2006 by first class mail. 12. Because the Petitioner did not respond to said Rule to Show Cause within twenty (20) days of December 12, 2006, a Motion to Make Rule Absolute was filed by Petitioner on January 5, 2007. 13. On January 8, 2007, Respondents' attorney filed an Answer to Motion to Make Rule Absolute that made some questionable allegations in paragraph four (4), which are listed as follows: a. Respondents' counsel stated that the envelope was addressed incorrectly thereby indicating that it prevented her from receiving the Rule to Show Cause in a timely manner. Yet, the written request to file an inventory attached hereto as Exhibit "A" (that Respondents' counsel acknowledges receiving) was addressed the same as the Rule to Show Cause (other than the fax number that was mistakenly placed on the envelope enclosing the Rule, but such a mistake would hardly prevent the post office from effectuating delivery despite the "rerouting" theory of Respondents' counsel). Respondent's counsel acknowledged receipt of the written request for an inventory. b. It is unclear whether or not Respondents' counsel is indicating that the underpaid postage prevented her from receiving the Rule in a timely manner, but, Respondents' counsel, nevertheless, received said Rule without it being returned to Petitioner's counsel, indicating that the underpaid postage did not prohibit delivery of the Rule. c. Although the Motion to Make Rule Absolute was sent a day after the Certificate of Service (due to an oversight), this is a completely separate document then the Rule to Show Cause and, therefore, has nothing to do with when Respondents' counsel received said Rule; further, the Motion to make Rule Absolute, which Respondents' counsel acknowledges receiving in a timely manner, contained the same address as the Rule to Show Cause, which Respondents' counsel does not acknowledge receiving in a timely manner. d. There is no way of determining when the Rule was received by Respondents' counsel other than a handwritten note on the envelope containing said Rule that says: "red 12-29-06." Respondents' counsel attached a copy of this envelope as Exhibit "A" on her Answer to Petitioner's Motion to Make Rule Absolute. e. Petitioner's counsel did not receive a detailed message from Respondents' counsel as claimed here; in fact, Petitioner's counsel never received a call from Respondents' counsel, return or otherwise. 14. Nevertheless, this Honorable Court denied Petitioner's Motion to Make Rule Absolute on January 16, 2007, for improper service. A copy of this Order is attached hereto and incorporated herein as Exhibit "C." 15. In Respondents' Answer to the Motion to Make Rule Absolute, Respondent states that she received service of the Rule to Show Cause on December 29, 2006. As such, this Rule was returnable within twenty (20) days thereof, or January 18,2007. 16. Also in Respondents' Answer to the Motion to Make Rule Absolute, Respondents request an extension of time to file the Answer to the Rule to show Cause; specifically, Respondents ask for an extension until January 18, 2007. 17. The required date of January 18, 2007, has passed and the Respondents have yet to file a response to the Rule to Show Cause. 18. As such, Petitioner is hereby re-filing his Motion to Make Rule Absolute. WHEREFORE, Petitioners Shane B. Kope, Esquire and Kope & Associates, LLC, respectfully requests that this Court make absolute the Rule to Show Cause it issued on December 8, 2006 and grant their Petition for Rule to Show Cause Why Administratrixs Should not be Ordered to File an Inventory in Accordance with 20 PA.C.S.A. 93301 (C). Respectfully Submitted, TES,LLC -j(- Date: January 19, 2007 ~(Q)~V KOPE Be ASSOCIATES LAW OFFICES LLC October 26, 2006 VIA FACSIMILE & FIRST CLASS MAIL Nora F. Blair, Esquire 5440 Jonestown Road Harrisburg, P A 17112 Fax: 717.541.1429 In re: Estate of Jean E. Witthoft 21-05-1032 Dear Ms. Blair: I was retained by Mr. Tsani S. Witthoft to represent him in the above referenced matter. I understand that you are assisting Maria Neve and Jean Zeigler in their role as administratrixs of the referenced estate. I took the liberty of contacting the Register of Wills to determine the progress of this matter. As of the date of this letter, the following relevant documents have been filed on the corresponding dates: November 28, 2005: December 5, 2005: December 6, 2006: December 6, 2006: Petition for Grant of Letters of Administration; Certification under Local Rule 5.6; Renunciation of Heirs; and Certification of Renunciation. Apparently, no Inventory has been filed for this estate, despite the fact that is has been more than ten (10) months since the granting of the Letters of Administration by the Register of Wills. Furthermore, I was informed that my client's repeated attempts at contacting you regarding the status of the Inventory have been ignored. Accordingly, this letter will serve as request that the Inventory for this estate be filed within the next thirty (30) days. If said Inventory is not filed, we will file the necessary petition to compel filing of inventory. Please note that my client is willing to assist Mrs. Neve and Mrs. Zeigler in accomplishing this task within the requested time frame. ~ EXHIBIT ~L ~ ~ ~ Smart Representation 4660 Toodle Road. Suite 201 . Camp Hill, PA 17011 P 717.7fJl.7573. F 717.7fJl.7572. kopelaw.com If you should have any questions concerning the above, or would like to discuss this matter in general, please do not hesitate to contact me. As always, your cooperation is greatly appreciated. c: Tsani S. Witthoft file KOPE & ASSOCIATES, LLC Attorne~nc.LJ;Ol,JnSeIOrs at Law N 466 rindle. Road, Suite 201 ,"'CO 8 2006' ~ 1 Camp HIli, PA 17011 ,1.IIf; V 717-761-7573 . . . . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVAN ORPHAN'S COURT DIVISION No. 21-05-1032 Estate of JEAN E. WITTHOFT, Deceased. DECREE AND NOW this ~ day of ~o~ , 20 t5l 0 , upon consideration of the annexed petition, it is hereby decreed that a Rule.is awarded, directed to Maria Neve and Jean Zeigler, administratrixs of the estate of Jean E. Witthoft, deceased, to show cause why they should not be required to file an Inventory with the Register of Wills of Cumberland County of all real and personal property of Jean E. Witthoft, other than real property outside of the Commonwealth of Pennsylvania. ~u...h... ~~ &0 ~ ~ ~c.tL. By the Court: w~~~ ,J. c: Shane B. Kope, Esq. Nora F. Blair, Esq. ("'1; ~';\ ...!.~~l' ~rJ; (,'iLi=4H -.J ~ i~~. \ ....l-,- \..;"-1.1\"...1:......_:....; A TRUE COpy FflOM RECORD In Testimony.wherof, I hereunto set my hand and the seal of said Court at Cart~e, PA . ThieJt::daYOf~OJY..' (bC21l' . \. .~~ ~ (l Q '~ .[\"..~J U I 'a1k~0Ip/l8Il0~ '1"') erl~ t EXHIBIT ~. ~ 0 ~ ., Va '():) :Ji;'rkj3::~"'.;1l8 Ibn08 S,N\iH&IO .:10 Jli:B18 90 : II WV 21 330900Z :lD 3JI:BO G3GbOJ3tl . . , . JAN 0 8 2007 Nora F. Blair, Esquire NORA F. BLAIR AND ASSOCIATES Supreme Court ID #45513 5440 Jonestown Road Post Office Box 6216 ' Harrisburg, PA 17112-0216 (717) 541-1428 NFBLAW@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 2005-01032 ESTATE OF JEAN E. WITTHOFT ORDER AND NOW, this I L ~ day of :r '-Cl.., , 2007, upon review of the administratorfs Answer to Motion to Make Rule Absolute, it is hereby ORDERED AND DECREED that the Motion is denied. Further, Shane B. Kope, Esquire, is directed to assure that service is properly made on all future documents and that Certificates of Service filed with this Court are properly dated. A TRUE COPY FROM RECORE: In Testimony wherot. I hereunto set my hand ancHheseal , of said Court at CarIiIIe. PA ThIs~.47 Clerk ~ '. Court , . Cumberland Count' 4d o ~~p >: ~~ ~ (.:: (~) 0 (--:' ("") .on !::J s;:;; :-0-1 ):> l'.) = c:::> -...I L. :;:... Z " ~ -- ~.o 71;-'7, 6, c-:> G) C:) (..0 ;!2 r~ fT'; :"bd r:-"') 0 -n -=n ..'_ -n =:::; C) f:' rn (:.-') '::) ..-, 0"\ j,. e, U1 Distri bution: Nora F. Blair, Esquire, PO Box 6216, Harrisburg, PA 17112-0216 Shane B. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA, 17011 . EXHIBIT -' <( CJ w ~ ~, -' ~ Ii) ~ CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, of Kope & Associates, LLC, hereby certify that on January 22, 2007, a true and correct copy of the foregoing Motion to Make Rule Absolute was served upon the below-referenced individual at the address listed by way of first class mail, postage pre-paid: Nora F. Blair 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112 Attorney for Administratrixs KOPE & ASSOCIATES, LLC S:~~ 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 1.0. 92207