HomeMy WebLinkAbout08-01-07
KOPE & ASSOCIATES, LLC
By: Shane B. Kope, Esq.
COURT 10 92207
4660 Trindle Road, Suite 201
Camp Hill, Pa 17011
(717) 761-7573
sbkope@kopelaw.com
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANiA ." I
ORPHAN'S COURT DIVISION
No. 21-05-1032
Estate of JEAN E. WITTHOFT, Deceased.
PETITION TO REMOVE ADMINISTRATRICES
IN ACCORDANCE WITH 20 PA.C.S.A. i 182
The petition of Tsani S. Witthoft ("Petitioner") respectfully states that:
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.
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5. On December 6, 2006, Renunciation of Heirs along with its Certification was
filed with the Register of Wills.
6. On October 26, 2006, Petitioner requested the administratrices, via their
attorney of record, to file an Inventory. A copy of Petitioner's written request is attached
hereto as Exhibit A.
7. Never receiving a response to his request, Petitioner, on December 6, 2006,
filed with this Court a Petition for Rule to Show Cause Why Administratrices Should not
be Ordered to File an Inventory in Accordance with 20 PA.C.S.A. 9 3301 (C).
8. On December 8, 2006, this Honorable Court, by Judge Kevin A. Hess, issued a
Rule to Show Cause, ruling the administratrices to show cause why Petitioner's Petition
to Show Cause should not be granted. The Rule was returnable within twenty (20) days
after service. A true and correct copy of said Rule to Show Cause is attached hereto
and incorporated herein as Exhibit "B".
9. The Rule to Show Cause was served on Respondents' Attorney on December
12, 2006 by first class mail.
10. 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.
11. On January 8, 2007, Respondents' attorney filed an Answer to the Motion to
Make Rule Absolute that made various allegations about the improper service of said
Motion.
Page 2 of 6
12. Consequently, 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."
13. On January 25, 2007, Petitioner filed a second Motion to Make Rule Absolute
due to Respondents' failure to answer this Court's Rule to Show Cause, which
Respondent confirmed receiving on December 29, 2006 in her Answer to Petitioner's
first Motion to Make Rule Absolute.
14. On or about February 2, 2007, this Honorable Count scheduled argument on
Petitioner's Motion to Make Rule Absolute for February 22,2007. A copy of this Order is
attached hereto and incorporated herein as Exhibit "D."
15. On February 12, 2007, the undersigned counsel sent a letter to respondents'
counsel requesting certain items from the estate. A copy of this letter is attached hereto
and incorporated herein as Exhibit "E."
16. On February 15, 2007, Respondents' responded to said letter by forwarding the
items requested therein, which included a draft of the inventory and draft of the
inheritance tax return. A copy of this letter is attached hereto and incorporated herein as
Exhibit "F."
17. Due to this apparent cooperation between the parties, Petitioner filed a Motion
to withdraw his Motion to Make Rule Absolute on or about February 22,2007.
18. On or about March 1, 2007, this Honorable Court granted Petitioner's Motion to
Withdraw and cancelled the hearing scheduled for February 22, 2007. A copy of this
Order is attached hereto and incorporated herein as Exhibit "G."
Page 3 of6
19. It appears that the cooperation between the parties has ceased since the
withdrawal of Petitioner's Motion, as on April 26, 2007, the undersigned counsel sent a
letter to respondents' counsel that listed various objections to the draft inventory and
inheritance tax return; the letter also requested certain financial documents associated
with the estate, as well as respondents' cooperation in expediting the resolution of the
estate. A copy of this letter is attached hereto and incorporated herein as Exhibit "H."
20. Petitioner's counsel never received a response to this letter.
21. On or about May 30, 2007, the undersigned counsel left a voicemail for
Respondents' counsel in an attempt to gain her concurrence in a Petition for Removal of
Personal Representative so that Petitioner could expedite settlement of the estate;
22. On June 12, 2007, having received no response to his voicemail, the
undersigned counsel sent an e-mail to respondents' counsel requesting respondents'
concurrence on the Petition for Removal of Personal Representatives.
23. On June 12, 2007, the respondents' counsel responded to this e-mail, but did
not give her concurrence; instead, she argued that it would not be efficient to change
representatives at this point in the matter, and demanded more time to complete the
estate.
24. On June 12, 2007, the undersigned counsel wrote another e-mail wherein he
informed respondents' counsel that while petitioner agreed to not petition for the
removal of the current representatives, petitioner, nevertheless, wanted a response to
the letter sent to respondents' counsel dated April 26, 2007.
25. Respondents' attorney did not respond to this e-mail.
Page 4 of 6
26. The undersigned counsel sent follow up e-mails to respondents' counsel on
June 13, 2007, and on June 16, 2007, but to no ava1l.
27. Therefore, on June 19, 2007, the undersigned counsel sent a letter to
respondents' counsel requesting that an inventory be filed within thirty (30) days.
28. Respondents' counsel did not respond to this letter. A copy of this letter is
attached hereto and incorporated herein as Exhibit "I."
29. Since submission of said letter, however, Petitioner has decided against filing a
Motion to Compel Inventory and has, again, decided to file a Petition for Removal of
Personal Representative in order to bring an end to this matter.
30. More than nineteen (19) months have expired since the grant of letters to the
personal representative of the decedent's estate.
31. Petitioner believes that Respondents should be removed as administratrices of
the decedent's estate for the following reasons
a. No inventory has been filed by the administratrices of the estate of the
decedent and Petitioner, therefore, believes that certain assets may be
converted and an inventory should have been filed to identify assets of the
decedent's estate.
b. It appears that the grants of letters were not advertised as required by 20
Pa.C.S.A. 3162, as there were no proofs of publication filed with the
Register of Wills or including within information sent to Petitioner's
counsel.
c. No tax returns have been filed.
Page 5 of6
d. No accounting has been filed.
e. The proposed inventory and inheritance tax returns sent to Petitioner on
February 15, 2007 was plagued with errors.
f. There was no response to Petitioner's letter setting forth his objections to
said proposed inventory and inheritance tax returns.
32. Petitioner believes and avers that it is in the best interest of the estate that the
administratrices be removed from office and that letters of Administration be issued to
Petitioner.
WHEREFORE, Petitioner requests that this Court issue a Citation directed to Maria
Neve and Jean Zeigler, administratrices of the estate of Jean E. Witthoft, to show cause
why they should not be removed as administratrices.
Respectfully Submitted,
KOPE & ASSOCIA lES, LLC
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Dated:jvlr J/f,? ort 7-
Shane B. Kope,
Page 6 of 6
VERI FICA TION
I, Tsani S. Witthoft, the Petitioner in this matter, have read the foregoing Petition.
I verify that my averments in this Petition are true and correct and based upon my
personal knowledge. I understand that any false statements herein are made subject to
the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities.
Dated: &7,.J,Cl.o7
Tsani S.
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KOPE
&
ASSOCIATES
LAW OFFICES LLC
October 26, 2006
VIA FACSIMILE & FIRST CLASS MAIL
Nora F. Blair, Esquire
5440 Jonestown Road
Harrisburg, PA 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.
4660 Trindle Road _ Suite 201
p 717.7fh.7573 - F 717.
IT 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
Attorneys ancLI;ol,lnse!ors at Law ~
466cnrindle. Road, Suite 201nrC 0 8 2006 (\0 I
Camp HIli, PA 17011 IJ& ~
717-761-7573
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
No. 21-05-1032
Estate of JEAN E. WITTHOFT, Deceased.
DECREE
AND NOW this ~ day of ~o Otv\.lluA , 20 (Jl 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. Witth oft , other
than real property outside of the Commonwealth of Pennsylvania. lZv-..k ~~~4-U.
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By the Court:
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c: Shane B. Kope, Esq.
Nora F. Blair, Esq.
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A TRUE COpy FROM RECORD
In Testimony wherof, I hereunto
set my hand and th,e seal
of said Court at Carlisle, PA .
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JAN 0 8 2007
Nora F. Blair, Esquire
NORA F. BLAIR AND ASSOCIATES
Supreme Court ID #45513
5440 Jonestown Road
Post Office Box 6216.
fIanisburg,PA 17112-0216
(717) 541-1428
NFBLA W@comcastnet
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
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, 2007, upon review of
the administrator's 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.
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A TRUE COPY FROM RECORe
In Testimony wherof. I hereunto
set my hand and the seal .
of said Court at CarlIle. PA
ThIs~Jf/
Clerk ~ ',Cow:
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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,
IN RE: ESTATE OF JEAN E.
WITTHOFT, deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-05-1032
IN RE: PETITIONER'S MOTION TO MAKE RULE ABSOLUTE
ORDER
AND NOW, this
If,..
day of February, 2007, argument on the petitioner's motion
to make rule absolute is set for Thursday, February 22, 2007, at 3:00 p.m. in Courtroom Number
4, Cumberland County Courthouse, Carlisle, P A.
BY THE COURT,
Shane B. Kope, Esquire
For the Petitioner
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Nora F. Blair, Esquire
For the Respondents
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NORAE BLAIR
Post Office Box 6216
Harrisburg, PA 17112-0216
. AttoJ;'!leyA,tLaw .
. 5440 Jonestown Road
NFBLAW@paonline.com
Fax (717) 541-1429
(717) 541-1428
February. 15, 2007
Shane B. Kope, Esquire ,
KOPE & ASSOCIATES, LLC
4660 Trindle Road, Suite 2,01
'. Camp Hill, PA 17011
RE: Estate of Jean Witthoft
Dear Attorney Kope:
Enclosed are the following:
1. ~ey.that .opens'th~back door at the house. The Zeiglers have been.
unable to openJh~fr6nt door.
2. Copy of Deed for property datedDecember5, 1969.
3. Co,pyof Dec1arationof Trust dat~d Noyember:?6, 'IPti9.
4. . Draft of the In:ventor;y.
5. Draft of the Inheritance Tax Returh.
6. Copy of note from Dan Houseknecht expresskig ir.terest in
purchasing property.
7. CopyofPrGperlylnspectionNotice frorrlLov\Ter Allen Township.
. .
8. A list. of items ta,\{en by Jean Zeigler. In. additiOll Maria Neve took a
, plate with. a gypsy and some h(;m~e brass. These .items have been
takenas part of their bequests, but in reality theonlyi tern of any real
value is the car.
There was no Will.
In addition to the items set forth on the Inventory and Inheritance tax
Return, there was a Prudential life insurance policy that was paid tothe estate in
the amount of $17,862.38. The other life insurance policy had T!?ani as the
Shane B. Kope, Esquire
February 15, 2007
Page 2
beneficiary. We obtained the information to file the claim and forwarded that to
Tsani.
As I indicated to you when we spoke, Tsani had indicated to me that he
wanted the house treated as a part of the estate, It now appearing that is not the
,case, I assume thatTsani will assume the responsibility for the property including
the utilities and real estate taxes. Furtherit seems onl~ fair that the utility bills
and real estate taxes paid by the estate should be subtra.cted from his share of the
estate.,' Although the2006 real estate taxes were paid, the esta.te has not paid the
2007 tax bill asthat bill has not been received. I will forward it when itis received~
I 'would hope 'that we wilrbe able to handle this matter re.asonably and
would appreciate any input you~ave on the inheritancetax'return prior to filing.
Further I assumethat the hearing before Judge Hess willnotbe necessary.' Please
' confirm.
I look forward to 'l1earing from you,
NFB:cd
Enclosures
c: Jean Ziegler (w/o enclosures)
Maria Neve (w/o enclosures)
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
No. 21-05-1032
Estate of JEAN E. WITTHOFT, Deceased
ORDER
I 1'{
AND NOW, this day of
I"h~
, 2007, upon consideration of
the Petitioner's Motion to Withdraw the Motion to Make Rule Absolute, it is hereby
ORDERED and DIRECTED that Petitioner's Motion to Make Rule Absolute be
WITHDRAWN and the hearing on the Motion to Make Rule Absolute scheduled for
(,.J~
February 22, 2007 r CANCELED.
BYTHECOU:~
,J.
A. RUE Copy FROM RECORD
n Testimony wherof, '.hereunto
set my hand and the seal
.Of said Court atCartlale. PA
ThIs of rU'\ 20 07
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KO P E
&
ASSOCIATES
LAW OFFICES LLC
April 26, 2007
VIA FIRST CLASS MAIL
Nora F. Blair, Esquire
5440 Jonestown Road
P.O. Box 6216
, Harrisburg, PAl 7112
Re: Estate of Jean Witthoft
Dear Attorney Blair,
I stand in receipt of your letter dated February 15,2007. After reviewing the documentation, I have the
following objections to the Inheritance Tax Return and related notations that must be addressed:
First, as you are aware, the value of the house should not be included in computation of the estate as it
was deeded to my client prior to the death of Jean Witthoft. Of course, my client will not object to an
adjustment of his share of the estate on the basis of the real estate taxes paid out of the estate.
.second, there is a computation error on Schedule H, Funeral Expenses & Administrative Costs.
Provided that the two charges are accurately accounted for at $332.86 and $250.15, the total amount
owed to Service Oil Company should be listed as $583.01, rather than $5,830.01. As you will note, this
is a substantial discrepancy of over $5,000.
Third, the commissions of $5,000.00 assessed for Jean Zeigler and Maria Neve as administrators of the
estate, listed on Schedule H, are grossly overstated for the work performed. As a matter of course, we
must ask that a more reasonable commission be assessed in this matter.
Fourth, again on Schedule H, the charge of$I,200.00 listed to one of the administrators and her husband
for cleaning of the property is absolutely inappropriate and egregious and must be stricken. The only
cleaning performed on the house was a removal of various items from the property to be distributed to
the administrators themselves. This appears to be yet another attempt to "pad" the-portion of the estate
that your clients are to receive.
Finally, while we are not objecting at this time to the remaining items on the Inheritance Tax Return, we
want statements of the accounts, and copies of all bills, receipts and invoices that form the basis for the
expenses listed. Please forward this documentation to us as soon as possible.
n ___ _,.. .
4660 Trindle Road _ Suite 201
We would like to see this matter resolved in as expedited a fashion as possible. I trust that you will
make the necessary adjustments to the Return to address our objections, and forward us the
documentation we requested.
Please contact me with any questions or concerns you might have.
Sincerely,
KOPE & ASSOCIATES, LLC
Y"L--
Shane .
c: Tsani Witthoft
File
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KOPE
&
ASSOCIATES
LAW OFFICES LLC
June 19, 2007
VIA FIRST CLASS MAIL
Nora F. Blair, Esquire
5440 Jonestown Road
P.O. Box 6216
Harrisburg, P A 17112
Re: Estate of Jean Witthoft
Dear Attorney Blair,
Since June 12,2007, I have written you several e-mails requesting a response to our letter dated April
26, 2007, or more specifically, your client's simple position on whether or not we can work out the
issues contained in that letter; to date, I have not received a response from you. So, as indicated in
my e-mail to you on June 16, 2007, we intend on filing another Petition to Compel Inventory.
Accordingly, this letter will serve as the necessary request that an Inventory for the above estate be
filed within the next thirty (30) days. H said Inventory is not filed, we will file the necessary petition
to compel filing of the inventory. Please note that my client is willing to assist Mrs. Neve and Mrs.
Zeigler in accomplishing this task within the requested time frame.
H you should have any questions concerning the above, or would like to discuss this matter in
general, please do not hesitate to contact me.
Regards,
KOPE & ASSOCIATES, LLC
c:~~
c: Tsani S. Witthoft
file
4660 Trindle Road _ Suite 2
D ____ .....c~ ___ _ 'r.'I
CERTIFICATE OF SERVICE
I, Shane B. Kope, Esquire, do hereby certify that on July 31,2007, I served a true
and correct copy of the foregoing Petition via first class mail, postage prepaid,
addressed as follows:
Nora F. Blair, Esquire
5440 Jonestown Road
Post Office Box 6216
Harrisburg, PA 17112
Attorney for Administratrices I Respondents
KOPE & ASSOCIATES, LLC
Shane B. Kope, Es
, Suite 201
Camp Hill, PA 17011
(717) 761-7573
COURT 10 92207
Attorney for Petitioner