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Home My WebLink About02-19-08 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 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION No. 21-05-1032 MOTION TO RE-L1ST HEARING (") So '''-~:D (J-u ,~~~ >" (/) /~ !'-o) =, = = -.-, rn en Estate of JEAN E. WITTHOFT, Deceased. \.D C) (~I -0 -.,CYTi ::I;;: The petition of Tsani S. Witthoft ("Petitioner") respectfully states that: ..j:ss ."C) --4 )> N 1. Jean E. Witthoft ("decedent") died intestate on October 12, 2005, a resident of N 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. if 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 PAC.S.A ~ 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 9 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 of 9 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.1t 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 9 " 26. The undersigned counsel sent follow up e-mails to respondents' counsel on June 13,2007, and on June 16, 2007, but to no avail. 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. As a result of the above, Petitioner filed a Petition to Remove Administratrices in Accordance with 20 PAC.S.A 9182 on August 1, 2007. 30. On or about August 18, 2007, the Honorable Kevin A Hess issued a Decree wherein he issued a rule to show cause why the Petition should not be granted; the rule was returnable on October 19, 2007, at 9:30 a.m. in Courtroom # 4. A copy of this Decree is attached hereto and incorporated herein as Exhibit "J." 31. On October 11, 2007, in an effort to avoid the hearing, counsel for Respondent provided counsel for Petitioner a proposed distribution along with supporting documents. A copy of this letter is attached hereto and incorporated herein as Exhibit "K." 32. Based on this proposed distribution, Respondent requested that Petitioner continue the hearing so litigation be avoided. 33. Petitioner agreed and filed a Motion for Continuance on October 29,2007. 34. On October 31, 2007, the Honorable Kevin A Hess issued a Decree granting the Motion to Continue; the rule was now returnable on December 3,2007, at 3:00 p.m. Page 5 of 9 . in Courtroom # 4. A copy of this Decree is attached hereto and incorporated herein as Exhibit "L." 35. On November 3, 2007, counsel for Respondent sent an e-mail to counsel for Petitioner explaining that she would have to continue the hearing on December 3,2007, if we could not resolve this matter. A copy of this e-mail is attached hereto and incorporated herein as Exhibit "M." 36. On November 16, 2007, counsel for Petitioner sent counsel for Respondent a letter offering a counter proposal. A copy of this letter is attached hereto and incorporated herein as Exhibit "N." 37. Counsel for Respondent did not respond to this letter; in fact, counsel for Respondent did not respond to counsel for Petitioner's repeated attempts at reaching her. 38. On December 3, 2007, on the day of the scheduled hearing, counsel for Respondent sent an e-mail to counsel for Petitioner requesting a concurrence because of a swollen tongue; the e-mail also reiterated her desire to resolve this matter. A copy of this e-mail is attached hereto and incorporated herein as Exhibit "0." 39. Petitioner agreed on the condition that this would be the last continuance requested. 40. On December 3, 2007, counsel for Respondent faxed a letter to the Honorable Kevin A. Hess requesting said continuance. A copy of this letter is attached hereto and incorporated herein as Exhibit "P." Page 6 of 9 .. 41. On December 4, 2007, the Honorable Kevin A. Hess issued an Order continuing the matter generally. A copy of this Order is attached hereto and incorporated herein as Exhibit "Q." 42. On December 11, 2007, the parties' respective counsel spoke over the phone and reached an agreement. This agreement was confirmed in a letter to counsel for Respondent dated December 11, 2007. A copy of this letter is attached hereto and incorporated herein as Exhibit "R" 43. Counsel for Respondent stated that a release would be effectuated by the end of 2007. 44. Counsel for Petitioner has yet to receive said release. 45. In addition to numerous calls, counsel for Petitioner e-mailed counsel for Respondent on January 8 and January 20, 2008, requesting an update. Copies of these e-mails are attached hereto and incorporated herein as Exhibit "S." 46. Counsel for Petitioner never received a response. 47. On February 5, 2008, counsel for Petitioner sent counsel for Respondent an e- mail informing her that Petitioner was moving to re-list the hearing. A copy of this e-mail is attached hereto and incorporated herein as Exhibit "T." 48. More than nineteen two (2) years have expired since the grant of letters to the personal representative of the decedent's estate. 49. Petitioner believes that Respondents should be removed as administratrices of the decedent's estate for the following reasons Page 7 of 9 .. 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. 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. Petitioner continues in her failures to attend to this matter promptly and responsibly. 50. 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. Page 8 of 9 WHEREFORE, Petitioner requests that this Court (1) re-issue the rule on the previous Petition to Remove Administratrices, which directed Maria Neve and Jean Zeigler, administratrices of the estate of Jean E. Witthoft, to show cause why they should not be removed as administratrices; and (2) re-Iist the hearing thereon. Respectfully Submitted, Dated: ,~ /, ~ / "IO;.lcm ~ Page 9 of 9 . I ~(Q) ~) 11 KOPE Be 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. D ____.,..,;.&:,. _...--. _ 1:'__ 4660 Toodle Road _ Suite 20J! 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 Attorneys ancL{;ol,Jnselors at Law ~ 466()'fr"indle.Rdad, Suite 201 rw:I' 0." 2006" AD. I Camp HIli, PA 17011 ~ ~ 717-761-7573 ":"--;':'~~-'"'' 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 1)DCtom hUl-\ , 20 (Jt n , 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. Ku..h. ~~ ~o ~ ~ ~<:.SL- By the Court: Isl ~ ~ ,J. c: Shane 8. Kope, Esq. Nora F. Blair, Esq, Va . 'C):=::- ;:~f\;'tjd3'2V;.J[l:) ltJilOJ SNvH&IO ::10 >ltBl:J 90 : I I WV Z I 330 SOul A TRUE COPY F~OM RECORD In T estiinony wherof. I hereunto set my hand and the s&al of said Court at Carli~le. PA ; ThiaCday of)JQ~~~A20.a.e... :;l-l};\ Jel b]_iSI-~:jd jQ IlHO 03Cl80'J3d JAN 0 8 2007 Nora F. Blair, Esquire NORA F. BLAIR AND ASSOCIATES Supreme Court ID #45513 5440 J onestown Road Post Office Box 6216 . IIanisburg,PA 17112-0216 (717) 541-1428 NFBLAW@comcastnet IN THE COURT OF COMM:ON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DMSION NO. 2005-01032 ESTATE OF JEAN E. WITTHOFr ORDER AND NOW, this II.... day of ;:J ~II'" , 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. 4;1 (') c;o i:j~~ .~:~;; ~ {J(){) (-::' 0 -'Tl C)C . -,..., -n-=i ~ r-...) <=;> = -...I :-.0 '-::rJ ~I 6',0 C) C) F~~ :::; CJ r:~.) 0 -n -n =~~ " rT1 r C..") ':.=) ", A TRUE COPY FROM RECORC In Testimony wherof. I hereunto set my hand and the seal , of s8id Court at CartiIIe. PA This~.A1 Clerk . ..;. -. - Coon . 'Cuniberfand Count. , '-- :;:;.. :z en -0 ...... ~. o Ul Distri bution: Nora F. Blair, Esquire, PO Box 6216, Harrisburg, PA 17112-0216 Shane B. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, P ....~ IN RE: ESTATE OF JEAN E. WITTHOFT, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION NO. 21-05-1032 IN RE: PETITIONER'S MOTION TO MAKE RULE ABSOLUTE ORDER AND NOW, this Ie.. 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 I 4(~ Ad Ke7tss, J. Nora F. Blair, Esquire F or the Respondents o Co :?":o CP-o .n-rO ::;1j;:S:; "> -::::::::D .,::-::cn~ cJ(")o ':29 --n J'-- ,-~ ::J2 :rlm f"-) = = .....J ..,., rT1 CP I N ~, ~~ ~;j8 c. --n ._ --n ~:.~R '0::<; -0 ::II: N en I..D . 0' 0" r-~'m . (\_--~; \(,J) I; :' KOPE & ASSOCIATES LAW OFFICES LLC February 12, 2007 VIA FACSIMILE & FIRST CLASS MAIL Nora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, P A 17112 Fax: 717.541.1429 In re: Estate of Jeart E. Witthoft 21-05-1032 Dear Ms. Blair: I hope this letter finds you well. I am writing you this letter as a follow up to our conversation on January 31, 2007. It was my understanding that your clients will agree to Mr. Witthoftcleaning and clearing the residential home and property of the late Jean Witthoft;this will include discarding all trash and itemizing and storing any property that may be of value. We wiU, of course, send you a copy of the itemizedIist for your review. Once the house has beenfulJ:y cleared, Mr. Witthoftmtencls .on making all necessary repairs to the home with the understanding that it will be.soId atsome point in the near future. In order to do the above, Mr. Whitthoft will need a copy of the key to the home. It was my understanding that you would contact Mrs. Zeigler to discuss the best way to transfer the key. In the interest of convenience, Mrs. Ziegler is more than welcome to drop off a copy of the key at my office; Twill then forward it to Mr. Witthoft immediately. Mr. Witthoft is willing to cooperate as necessary to effectuate the closing of this estate. HI understood you correctly, there may be some logistical problems created by the fact that a trust, to which Mr. Witthoft is the beneficiary, now owns the home at issue here. Mr.Witthoft will assist in any way he can to overcome any such problems. Finally, we would like your confirmation that the real estate taxes associated with the house are being paid by the estate. We would also like a statement of the beginning and current val 4660 Trindle Road . Suite 20 TO _ . . . liquid assets of the estate, a copy of the will in this matter, and a list of any items removed from the house by your clients. As always, your cooperation is greatly appreciated. If you need to contact me, please c;lo so by letter, e-mail or cell phone (717-818-6820). . S' c: Mr. Witthoft file Post Office Box 6216 Harrisburg, PA 17112-0216 - NORAE.BLAlR - At~()i:rleYAt1?W,- 5440 Jon~stown Road ' NFBLAW@paon,Iirie.com Fax (717) 541-1429 (717) 541-1428 Febrully.15,2007 . Shane B.Kope, Esquire, KOP;E & ASSOCIAT;ES, LLC 4660 Trindle Road, S_uite~Ol " 'Camp !:fill, PA1701i 'RE: E~tat~ of JeanWittboft :.1 - , Dear Attorney J("ope: . ,'Enclosed ar~t~efolio\Vi.rig:, . . '1. . ~y tljilt.;pens th~l>ack door at the hOUSe' Th" Z~gl€rshav~ been . iu)abl~to ()peil.t~~fm~fq09r' . , Copy 6rpeed:thr; Ptqpert.y d"ici:(Pecembel'{},lJl!)ll. . [ 3~ . -, .. '- ". . CcwY.o(Declaf.hJ:otrQf Trusf:dat~ I'fOY~ll1tierf(),.r1l5Q. . 4.,' . , Dr~tof the ~nventor:Y.: . ,,- . ~ " , ; ',' . ~, ' -'.' - . .' .J 5" Draftof the)nheritance-TaXRgturn'. ~ ' ~ " 6, . Copy of noteftomPan HouseknechfexprgSS;ng ,inter"stiIl . ,purchasingprc}Jjerty. . , . - . 7,' Copy or Prqpefty Ins~tiWi ~otiee frolnLbwer AlIe"Township, 8. .' Pi. lisfof itenl,; iaj{entyjean Zeigler. In ad{jition MariaNev:e took a · platewit~a gypsy andsoll1ehi;ll~e brass. These itemShav" pe.en taken as J'aJ1;oftheir bequests,bpt in reality the only item pfanyre,,1 value is the car. . . , " ' , , , There was no Will. ' " , , . , .' . lnaddition tp the lteems set forth on the Inventory and lIlhe' Return, there was a Prudential life iUs\U<llice policy that was paid tot . the amourit of $17,862.38. The ~therlifc in~\U<llicepolici'had T~ ....,. Shane B. Kope, Esquire" February 15, 2007 Page 2 . benefiCiary. We obtained the information to fU", the claim and forwarded that to ' Tsani. . , - . As I indicated to you when we spoke, Tsanj had, indicated to me that he' wantect. tl1el1ous", treated as. a part Qfthe estate, It no"", app.,aring that is not the . c'iSe; IassumethatTsani wii.! "",sume therespOIl1'ibili t,Yforthe property including the utilities.and r.e' al estat...e taxes. Further it s~ems only faIr that the.utHitYbiIis . and realesiatetaxes pajdby tile estate should pc subtracted from his share of the ' estate. : AlthOugh the 2Q06 reaJestate taXeswere paid, the estate has not paid the .2007 ~hi!! as that biilhasnotbeen recelvect.I will forwiu-q.Jt wlliin iUs received. ". .::, . . .. . -. ....... , . ; '. . lwou!dhoj,,,, t/1atwe ~!(be ab!"'~ha;idIetl1iSm'!tt11t reas~nabIyal)d . \Vol11<J appreciate;"'Yinput you.!I.ave OI1,the.~r!tanceta:x'returnPriprtofi1ing. '. ~r IassU1l1ethatthe hearing befo~ J,!dge fl:ess will not be ne<;essary. PIe""e ..i;ollfirmi . : . '" . . .' . .,' ". '. '" '. .' .', . ". .' ,. ., '-... . I look fOrWarqto'i.}eating fromyoq: NFB:cd Enclosures c: Jean Ziegler (w/o enclosures) Maria'Neve (w/o enclosUres) .~J '-' ~EB 27 20DJ 1'/ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION No. 21-05-1032 Estate of JEAN E. WITTHOFT, Deceased ORDER AND NOW, this I ~I day of 1"1?4J-C..h , 2007, upon consideration of Ihe Petitioner's Motion 10 Withdraw !he MOlion 10 Make RUle Absolule, il is hereby ORDERED and DIRECTED Ihal Pelitioner's Motion 10 Make Rule Absolute be WITHDRAWN and !he hearing on Ihe Motion 10 Make Rule Absolute scheduled for t.J~ February 22, 2007 r CANCELED. BY THE COU:~ A. RUE COpy FROM RECORD n Testimony Wherot..I 'hereunto Set ~y hand 8nd the8eal ,Of ~ Court at 'CarualePA ~, IS"" ~20,.",t:I,7" '~--. Cleric' the ,Cou~ . CUnibeiiandCoun: ,J. o :.?=O -:e: ::0 ; '~1 :;2 (J 'i~~; 0C>O .~) 0 -Ii ~:..)~ -,..., --; -:;.~ ~ C:;:;> = -.... :i: .:=:.. . ::0 I .-, . ", -'-4 ..,', ," ....../ :;? ." - ~-,- ..:... .:-:_.' ~ \..0 ~@!rp\f c) KQPE & ASSOCIATES LAW OFFICES LLC VIA FIRST CLASS MAIL April 26, 2007 Nora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, P A 17112 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 includedincomPlllalion .of the estate as it was deeded to my client prior to the death of Jean Willhoft. Of Course, my client will not o/1iect to an adjustment ofhis share of the estate on the basis of the rear estate laxes paid out of the eslate. .second, there is a computation error OIl Schedule If, Funeral Exr>enses & Administmtive Costs. Provided that the two charges are accurately accounted for at $33286 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 llSSeSsed for Jean Zeigler and Maria Neve as administrators of the estate, listed on Schedule If, are grossly ovetstated for the watl: perfonned. As a matter of course, We must ask that a more'reasonable cOmmission be assessed in this matter. F ourtb, again on .schedule If, the charge of $1,200.00 listed to one of the administrators and her husband for cieaning of the property is absolutely inappropriate and egregious and must be slrickett The ouly cleaning perfonned on the house was a removal of various items :from the property to be distributed to the adminislrators themselves. This llppear:s 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 bas expenses listed. Please forward this documeutation to us as Soon as possible. We would like to see this matter resolved in as expedited a fushion as possible. I trust tbat you wiU make the necessary adjustments to the Return to address our objectious, and forward us the documentation we requested. Please contact me with any questions or concerns you might have. Sincerely, KOPE & ASSOCIATES, LLC Shane . c: Tsani Witthoft File ? ~(Q)~W r:;;;~\ ,/',,"",". :' f.,,;' KOPE & ASSOCIATES LAW OFFICES LLC VIA FIRST CLASS MAIL June 19, 2007 Nora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112 Re: Estate of Jean Witthoft Dear Attorney Blair, Since June 12, 2007, I have written you several "'mailsrequesling a resporise 10 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 da~, I have not received a response from you. So, as indicated in my e-mail 10 you on June 16, 2007, we intend On filing another Petition 10. Compel Invenloty. Accordingly, this letter will serve as the necessary request that an 1l1ven1oty for the above estate be filed Within the next lhiny (30) days. If said Invenloty is not filed, We will file the IJecessazy petition 10 compel filing of the invenlory. Please note that my client is willing 10 assist Mrs. Neve and Mrs. Zeigler in accomplishing this task within the requested time frame. If you should have any questions concerning the above, or would like 10 discuss this mailer in general, please do not hesitate to contact me. Regards, ~~;L Tsani S. Witthoft file EXHIBIT ) ) " IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION No. 21-05-1032 Estate of JEAN E. WITfHOFT, Deceased. DECREE AND NOW this loti day of art ,2067 ,upon consideration of the annexed Petition, it is hereby decreed that a Rule is awarded, directed to Maria Neve and Jean Zeigler, administratrices of the estate of Jean E. Witthoff, deceased, to show cause why they should not be removed as administratrices. The Rule shall be ~ returnable on the /tfl! day of -@z:tX//L. '--,--2007~ a;t-- 9 ::30 C( , m. ~ ~fl/n dr. By the Court: c: Shane 8. Kope, Esq. Nora F. Blair, Esq. ~<Aj I ,J. t'.....: ":-- i ,I ;:"- ;..,".1 : .,:! ,,~ i .0 vv ',"I'",' 1.I,!"""n'"'l I' ,r '"-'~I. .v '>-!Iln,~: (, r,i" 'W /I '0 -'- . V\-I d,: 'I v, 100 :10 '>!cJ:n8 8 Z =Oll,{tl r I 9n~ iDUZ 01" I. J NORA F. BLAIR Post Office Box 6216 Harrisburg, PA 17112-0216 Attorn~y At taw 5440 ]onestown Road NFBLAW@paonline.com Fax (717) 541-1429 (717) 541-1428 Odob~~r 11,2007 Sha.ne .B. Kop\~~ Esquire.' KOPE &AS~~OCIATES, LLC 4660 Trindk Road, Suite 201 C~tmF.HET, PA l'iOll n:E: E~stateof JeanWitthoft Dee:.]' Ath>l'ney Kope: ' Enc~,Jsed are thefolh:l\:ving: 1. Hevi.s(,:d'Inh~:.rita!1ce'I'ax Ii..:ti.u'; ~ t.l~'lrl .Lnvcntmy. ? ~~/Lai e ,~('!xt: !'t bD.J."l k Htatr'~ntf-:ntdat\:~,d ,~I,~n(~2':). 200';.. ::\0 ;,,":.:!"~~~::.,ci:i{:' :'1:: '('I'l""f' ()( r..'l....(P':\ )"~ 4-1'c' !,'l('~'(',.' v,t. ~'i-l ~c ;L:\-, '," ..,',/./.;. . . ..Co './"... _,..~,~ 1.... ,'.l ,\ .1.... ,. -~ ".~_" _ "... .~ ~~... lo.\.; .,).. .' _'. -\'.. i;,._l.\.o.~ ",.,o\.C '. "_, .\ .)". (' ," v .' f "/1 <. " ..,t..-l.1-:01l ~r I'€D'l' <" "(-'''' J:'..".,~. '-",: .<,~;-.~t' .:.'.,;'. ...., '1)+ ""1.1) . V. ..~ \, l.J....,.,\.L .._...... .5 ,.,,,,_, J.......L _ ...."'......,. _ '.' ..._,l'..L.I_ ~ .. , '. " ,.' . .'. .. - .' ,~. :rT...~'~.~ t' '''''1' ) ,:, ~ '-.'}" I,., '1'~ -\-(1'>'- .P.'i;:;I""".... :,=-i'tY',-)-r. \.I\...L","'.;,I (-l ,~..{; ..U.l.l.. :.;.....:J.. ....._....- ,t..:1.L....~... ...'(..~:J"_.. h" I,J. r.,L,<>p;n'. R'p"ea"e' "nr1. :::M~1..J~a..\1i")"" .)f .- ""..r'YT '" ,:+1...T..~1"!lnl'~.(' k..'_.... .... _, ..-" .::J _ CA ..ld. ""c:.t.. _,... d'''''' _ \. n. .1.11'~"4" .~l....'.l ...'..1""':.. I ..... ".i l,grEf.'lrlE'nt for ~~{?-\.l;r eliei1t~s signi\rG?~" 'Thc/:'st':1te isrendy for distributjonif Y(\UrClif~nt ngree::. 1~1 est[l~t?}:: I do .(~(.~; me 2tIl Et'_'.::-::;un.ti.ng because o!.~ theccst r,() .pt't:p,;.u:::!-'sh;,~J: .:i tj0cr.dT,en:>, That is t~,e re~:!c\n dwt 1 arr... providing yuu the (o~l~ec~:J'.Jok reg}$t~."l.~)~hl7.' hopi:.~s thGI a 'co:rrnnJ. m.~',~(Juni:lrlgwill not be necess:-'.ry. .\XTJ'~f" ""''''')e' ('t j'otl: n bal1'~ a', 'r.....llrit, t'l-12 ,.'~!h'.l'+(;'I.'l'l...l'~aT (iIJ'.ne; ."ot....~..l.1r..'':),.. 011 t"1e . '\ .\. J.. LC....,J ~7""'..,L , J\:~: ' ~ i".....,l \..~\..1 , J.. "' .........; ._ ," -\...1..., J .1, ,...... J..J, ,".l....-t..'1..:,;'~d. ',.' .1",-. Inhf~ritar..('~ Tax RE:tnrnis the life ins'lJ.ranci; t::-:,a:L \,'lasr]eC'!)::;rtsd. in thf; ,amounl of . " " " -, " ~. ", ~1'1 ()(-\') .~,) 'W'e halT,>::, rcdl'c'ed t"llt-'f'ee (")J' ,'.1.t-'ar.:rf.'.!I...."+.(.11.."..'.r.,l..;.!).,.;!).t1 "J' 't.1...-;, ~~.(.~.,,1 'f ,0 .- ..,.... vU. ' .1'- i. . ..... L... ~. "', "..c..;' ,11:c~"'L-" G"...A.:~ _'_' ,i~-';""" .,..L~__ 10'1. ~.. _ l 4, Ii 1,,;,., .i."..c.']I.J estr.1te to ~;300.00. The adlninistrator's fee is t'tJ!.:::standard fiveperc-2nt(51';-;.)Df tIw gross estate, Only-a portion of the adrn.inis!:rator's eX':k'Dses for travf.'l was inc~uded on the Inheritance TaxR.etul'n. Ti.le Inheritance T::.tK .Return indicates a re;~er'.te for M:torney fees in the am(iunt of $1/150.00 in the event we nnlst file !:1 fO.tT.n,al accounting or attend EXHIBIT I-L -- Shane B. Kope, Esquire October 11, 2007 ,. Page 2 hearings for the estate. There is interest due on the Inheritance tax Return in the amount of $126.56. I Will be subtracting that amount from the next bill that is sent to the estate so that it is not a liability of the ~state. Based upon the above, the distributions from the estate should be as follows: Estate account balance Value of automobile Inheritance tax refund House expenses to be. reimbursed by Tsani Administrator's fee ---.Administrator's expenses Cleaning and mow:i.ngatproperty Attorney. fees w/o accounting and litigation TOTAL $80,187.06 2,225.00 844.88 2,638.80 -3,900.00 -525.00 -600.00 _z 1.050.00 79,820.74 ~ . . . The attorney. fees listed above are a high estimate but do not include the . costofa hearing or of preparing a formal accounting. The fees billed will be for . work performed. . . Assuming that the attorney feesare as indicated above, your t:lient would receive $23,968.11 after subtractingtheexpens~s for the real estate. If your client . is willing to sign the release and indemnification agreement, then we should be abletodisburse.the checks by theendofthe month~ Ifwe must do the hearing, the cost will reduce the distributions to everyone.' I look forward to hearing from you. NFB:cd Enclosures c: Jean Ziegler (w/o enclosures) Maria Neve (w/o enclosures) ;,r: OCT 29 2007;J 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 .3/ A) t:; day of ~.I/7. ,20 tJ 7 , upon consideration of the annexed Motion to Continue, it is hereby ORDERED that said Motion is GRANTED. The Rule on the Petition To Remove Administratrices shall now be returnable on the ~ day of [~Jlj/l7/~~ ,2007, at -3" PO -AM:-- I .PM. in Courtroom # tj By the Court: c: Shane B. Kope, Esq. Nora F. Blair, Esq. ~~/J~ /' ,J. If') C-J ~ \ - I L Page 1 of 1 shane 9. Kope From: Nora F. Blair, Esquire [nfblaw@comcast.net] Sent: Saturday, November 03,20079:56 AM To: Shane B. Kope Subject: December 3 Thank you for forwarding the notice of hearing for December 3. I had not received a copy from the Court. I am hoping we will be able to resolve this. If we are not, I will need to get a continuance. I have a hearing in Dauphin county at 2:00 on a matter that has already been continued. Please get me any response to the documents we had forwarded a few weeks ago. Nora F. Blair, Esquire 5440 Jonestown Road PO Box 6216 Harrisburg, P A 17112-0216 (717) 541-1428 (717) 541-1429 FAX 2/12/2008 I EJOI8IT rt.... ...... '.'~~.' <." Shane B. Kop" Jq, . Jacob M Jividen, f.c;q, . Lesley J Beam, f.c;q, KOPE & ASSOCIATES LAW OFFICES LLC ~ovember16,2007 VIA FACSIMILE & FIRST CLASS MAIL Nora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112. Fax: 717.541.1429 In re: Estate of Jean E. Witthoft 21-05-1032 Attorney Blair: I stand in receipt of your letter dated October 11, 2007. Therein you enclose documents concerning the assets of the above estate and list your proposed dishibutions thereof. After reviewing these documents with my client, he does not agree with said proposal. We are, therefore, offering the following counterproposal: · Reduce the Administrator's fee to $2000.00. This is roughly half of the standard 5%. It is my client's position that the reduced rate is a more accurate reflection of the relatively little effort on the part of the administrators to conclude this matter in a timely manner. It took over two years, several inquires (that went ignored), and multiplE:: threats of litigation to get to this point · Remove the fees for cleaning and mowing the property. Considering the condition of the property when my client took over its maintenance, it is my client's position that there simply was not $600.00 worth of work done to the property, if any at all. · Adjust my client's reimbursement for the house expenses to $2,000.00. It is my client's position that had the estate been settled quickly and fairly, the house could have been sold prior to when a great deal of the expenses were incurred. Moreover, a quick and fair settlement would have benefited all beneficiaries, especially considering my client's initial agreement to include the value of the house in the estate. Instead, my client was forced to hire an attorney to assist him in not only acquiring the property from the estate, but also in selling said property to relieve him of further expenses. I EXffIIjf W' , It ,..,,' ,"~ ':i 1 [. 4660 Trindle Road . Suite ::ice" P 717.761.7573. F 71 '{U"'(J( . . · Add a value of $1000.00 to the estate for several pieces of personal property retained by the other beneficiaries, the appropriate division of which should be removed from their share of the cash assets. Although my client was told on several occasions that certain items were removed from the house by the other beneficiaries, the value of these items is not reflected in the proposed distributions of the estate. Because it is my client's recollection that these items were antiques in good condition, he believes that an additional $1000.00 should be added to the value of the estate. · Reduce the attorney's fees to $500.00. Up to this point, it appears you have collected $4,114.62 in attorney's fees from the estate. Even in considering the total amount of the estate as proposed in your letter, your current fees are only about $180.02 short of the 5 %. standard rate you are due as the estate's attorney. Nevertheless, my client is willing to accept that you receive an additional $500.00 from the estate. In so doing, my client is acknowledging that the value of the estate could be higher depending on when certain figures were considered, and is also forgoing consideration of his own attorney's fees in effectuating a conclusion to this matter in which he was treated fairly. Based on the above, the distributions from the estate should be as follows: Estate Account Balance: Personal Property: Value Of Automobile: Inheritance Tax Refund: House Expenses to Be Reimbursed By Tsani: Administrator's Fee: Administrator's Expenses: Attorney's Fees: $80,187.06 $1,000.00 $2,225.00 $844.88 $2,000.00 -$2,000.00 -$525.00 -500.00 TOTAL: $83,231.94 The total amount to each beneficiary with the applicable deductions would be as follows TSANI SISTER 1 SISTER 2 $27,743.98 -$2,000.00 $27,743.98 -$500.00 $27,743.98 -$2,225.00 -$500.00 $25,743.98 $27,243.98 $24,518.98 Please discuss the above proposal with your clients. If acceptable, my client will sign a release and indemnification agreement to that effect Once the checks are distributed, we can cancel the pending hearing. If you should have any questions or concerns, please do not hesitate to contact me. I hope we can finally put an end to this matter. I look forward to hearing from you soon. . Sincerely, KOPE & ASSOCIATES, LLC ~~ c: Tsani Witthoft file Page 1 of 1 Shane S. Kope From: Nora F. Blair, Esquire [nfblaw@comcast.net] Sent: Monday, December 03,20078:26 AM To: Shane B, Kope Subject: Today's hearing I have sent a note to my secretary to call you, but I just realized that I could send you an email. I am home sick including a swollen tongue so I cannot talk very well at all. I am hoping you will agree to a continuance. Please let April know. I think we should be able to resolve this if you and I are able to talk through things. If that is okay with you, April could schedule us a phone conference for Thursday or Friday. Thanks for your consideration. Nora F. Blair, Esquire 5440 Jonestown Road PO Box 6216 Harrisburg, P A 17112-0216 (717) 541-1428 (717) 541-1429 FAX EXHI8IT " o 2/12/2008 Dee 03 07 11 :14a Nora F. Blair, Esquire 717-541-1429 p.1 . NORAEBLAIR Attorney At Law 5440 Jonestown Road NFBLAW@paonline.com Fax (717) 541-1429 (717) 541-1428 Post Office Box 6216 . Harrisburg, PA 17112-0216 December 3, 2007 The Honorable Kevin Hess Cumberland County Court of Common Pleas One Courthouse Square Carlisle, Pennsylvania 17013-3387 RE: Witthoft Estate 2005-01032 VIA FAX 240-6462 Dear Judge Hess: The above-referenced matter is. scheduled for a hearing at 3:00 p.m. this afternoon. As my secretary indicated to your staff, I am ill and unable to attend the hearing. Attorney Kope has kindly agreed to a continuance. Attorney Kope and I are hopeful.that we will be able to resolve the issues without the necessity of. a hearing. Therefore I am' asking for a general continuance. If either of tis believe that a hearing is necessary, we will contact your chambers. Your consideration is most appreciated. Very truly yours, /{<~.2'.."'e ~~ " .~/d . ,r;7,?;JJ' 7 Nora.F. Blair . NFB:amt c: Shane Kope, Esquire (via fax) EXtIIiT '---E..- . " IN RE: ESTATE OF JEANE. WITTHOFT, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-05-1032 ORDER AND NOW, this :r;/ day of December, 2007, at the request of counsel for the parties, hearing herein set for December 3,2007, is continued generally. BY THE COURT, Shane B. Kope, Esquire For the Petitioner /Ii- Nora F. Blair, Esquire F or the Respondents :r1m () ~o :';-::0 ','-1~(} _C!~S3 ef) 7'- 00 0..... C :::0 ::u-l )> f-.,,) = <:::> -.J o 1"'1 ("") ( .s:- ::t:l'" ::x CD o N .:0 -\ III r1.~ \~J '~l ) (=:> (;'5 :::P i =;:) ;,.~; :r: CJ C) C) -7--~ ".Y"l -rl c5 rTl r-- 0') (:J "Tl 'I Shane B. R'-r _,Esq. . Jacob M.Jividen, Esq. . Lesley J. Beam, Esq. ., . ROPE & ASSOCIATES LAW 0 F F ICE 51, LC December 11, 2007 VIA FACSIMILE & FIRST CLASS MAIL Nora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112 Fax: 717.541.1429 In re: Estate of Jean E. Witthoft 21-05-1032 Attorney Blair: I am writing to confirm the details from our earlier conversation. It is my understanding that we have agreed that the distribution of the estate should be as follows: Estate Account Balance: Personal Property: Value Of Automobile: Inheritance Tax Refund: House Expenses to Be Reimbursed By Tsani: Administrator's Fee: Fee for care of property: Attorney's Fees: $80,187.06 $200.00 $2,225.00 $844.88 $2,000.00 -$3400.00 -$600.00 -500.00 TOTAL: $80,956.94 The total amount to each beneficiary with the applicable deductions would then be as follows TSANI SISTER 1 SISTER 2 $26,985.65 -$2,000.00 $26985.65 -$100.00 $26985.65 -$2,225.00 -$100.00 $24,885.65 $26,885.65 $24,660.65 4660 Trindle Road . Suite 2 p 717.761.7,\7'{. F 71 _ I Q'UT"'n~ . + . . ~ As we discussed, it would be great if you could get me the release and indemnification agreement reflecting these changes before the end of the year. That way, we can all put this matter behind us. H you should have any questions or concerns, please do not hesitate to contact me. Sincerely, c: Tsani Witthoft file Page I of I Shane fl. Kope . .. . From: Shane B. Kope [sbkope@kopelaw.com] Sent: Tuesday, January 08,20085:09 PM To: 'NFBLAW@comcast.net' Subject: RE: Today's hearing Hello Nora: I am just calling to check on the status of the Settlement and Release Agreement Shane B. Kope, Esq. Kope & Associates, LLC 4660 Trindle Road Suite 20 I Camp Hill P A 17011 Phone: 717-761-7573 Fax: 717-761-7572 Web: www.kopelaw.com sbkope@kopelaw.com DISCLAIMER This e-mail message is intended only for the personal use ofthe recipient (s) named above. This message may be an attorney-client communication and, as such, privileged and confidential. if you are not an intended recipient, you may not review, copy, or distribute this message. If you have received this communication in error, please notify us immediately bye-mail and delete the original message. f S 2/12/2008 Page 1 of 1 · '"K Shane B. ope . ~ .. .. -~~""''''-~-''~....,..,.,..~~,...,,,,,,,,--.,-,,,-.,--,-,,,,.,,,,,.__...,_....<~..._....._.,. From: Shane B. Kope [sbkope@kopelaw.com] Sent: Sunday, January 20, 2008 8:38 PM To: 'NFBLAW@comcast.net' Subject: RE: Today's hearing Nora.. . Please update me on the status of the settlement agreement Shane B. Kope, Esg. Kope & Associates, LLC 4660 Trindle Road Suite 201 Camp Hill P A 170 II Phone: 717-761-7573 Fax: 717-761-7572 Web: www.kopelaw.com sbkope@kopelaw.com DISCLAIMER This e-mail message is intended only for the personal use of the recipient (s) named above. This message may be an attorney-client communication and, as such, privileged and confidential. if you are not an intended recipient, you may not review, copy, or distribute this message. If you have received this communication in error, please notify us immediately bye-mail and delete the original message. From: Nora F. Blair, Esquire [mailto:nfblaw@comcast.net] Sent: Monday, December 03,20078:26 AM To: Shane B. Kope Subject: Today's hearing I have sent a note to my secretary to call you, but I just realized that I could send you an email. I am home sick including a swollen tongue so I cannot talk very well at all. I am hoping you will agree to a continuance. Please let April know. I think we should be able to resolve this if you and I are able to talk through things. If that is okay with you, April could schedule us a phone conference for Thursday or Friday. Thanks for your consideration. Nora F. Blair, Esquire 5440 Jonestown Road PO Box 6216 HalTisburg, PAl 7112-0216 (717) 541-1428 (717) 541-1429 FAX 2/12/2008 Page 1 of 1 stiane S. Kope ... ) .. From: Shane B. Kope [sbkope@kopelaw.com] Sent: Tuesday I February 05, 2008 12: 11 PM To: 'NFBLAW@comcast.net' Subject: RE: Today's hearing Nora: Because I have not received a settlement agreement with check in the above matter, despite your assurances that I would by the New Year, and because you have been, once again, ignoring my calls and e-mails, we are filing to re-list the hearing that was continued generally by Judge Hess. I have attached the last letter I sent you regarding the numbers, which you agreed to; so, there was no reason you could not have had the necessary docs and payment to me by now. I will send you a copy of the Motion to Re- List. Shane B. Kope, Esq. Kope & Associates, LLC 4660 Trindle Road Suite 201 Camp Hill PA 17011 Phone: 717-761-7573 Fax: 717-761-7572 Web: www.kopelaw.com sbkope@kopelaw.com DISCLAIMER This e-mail message is intended only for the personal use of the recipient (s) named above. This message may be an attorney-client communication and, as such, privileged and confidential. if you are not an intended recipient, you may not review, copy, or distribute this message. If you have received this communication in error, please notify us immediately bye-mail and delete the original message. 2/12/2008 t EXlI8fT T_ .. .. \I 't , CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that on February 12, 2007, I served a true and correct copy of the foregoing Petition via first facsimile and first class mail, addressed as follows: Nora F. Blair, Esq. 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112 FAX: 717-541-1429 Attorney for Administratrices I Respondents KOPE & ASSOCIATES, LLC ite 201 .. .. . '" .,. 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 ,20 , upon consideration of the annexed Motion to Re-List Hearing, it is hereby ORDERED that said Motion is GRANTED. The Rule on the Petition To Remove Administratrices shall now be returnable on the day of ,2007, at A.M. / .PM. in Courtroom # By the Court: ,J. c: Shane B. Kope, Esq. Nora F. Blair, Esq. ,~..~