HomeMy WebLinkAbout12-06-06
KOPE & ASSOCIATES, LLC
By: Shane B. Kope, Esquire
I.D. 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
ORPHAN'S COURT DIVISION
No. 21-05-1032
Estate of JEAN E. WITTHOFT, Deceased.
PETITION FOR RULE TO SHOW CAUSE WHY
ADMINISTRA TRIXS SHOULD NOT BE ORDERED TO
FILE AN INVENTORY IN ACCORDANCE WITH 20 P A.C.S.A. ~ 3301 (C)
The petition of Tsani S. Witthoft ("Petitioner") respectfully states that:
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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 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.
CAo.
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 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 three months have elapsed since the granting of Letters of
Administration to Maria Neve and Jean Zeigler, and more than thirty 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. To date, Maria Neve and Jean Zeigler have not filed an Inventory for the Estate
of Jean E. Witthoft
9. All attempts at reaching opposing counsel for her concurrence on this Petition
were unsuccessful.
WHEREFORE, Petitioner respectfully requests that a Rule be awarded, directed to
Maria Neve and Jean Zeigler, to show cause why they should not be ordered to file with
the Register of Wills of Cumberland County a complete Inventory of the assets of the
Decedent.
Respectfully Submitted,
KOPE & ASSOCIATES, LLC
Dated: November 30,2006
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KOPE
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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 be.en 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
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Smart Representation
4660 Trindle Road . Suite 201 . Camp Hill, P A 17011
P 717.761.7573. F 717.761.7572. kopelaw.com
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
VERI FICA liON
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: /2 - 0 /-() b
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Tsani S. Witthoft
CERTIFICATE OF SERVICE
I, Shane B. Kope, Esquire, do hereby certify that on December 1, 2006, 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
Harrisburg, PA 17112
Attorney for Administratrixs
KOPE & ASSOCIATES, LLC
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4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
1.0. 92207
Attorney for Petitioner
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