HomeMy WebLinkAbout01-08-07
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
NFBLA W@comcast.net
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHAN'S COURT DIVISION
NO. 2005-01032
ESTATE OF JEAN E. WITTHOFT
ANSWER TO MOTION TO MAKE RULE ABSOLUTE
And now come Jean S. Zeigler and Maria S. Neve by and through their
attorney, Nora F. Blair, Esquire, file this Answer to Motion to Make Rule Absolute
and in support thereof aver as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied. It is specifically denied that the required twenty (20) days has
passed. To the contrary, the twenty (20) days began to run after service.
Although the envelope containing the rule was postmarked December 12,
2006, itwas not properly addressed and the correct postage was not prepaid.
A copy of the envelope is attached hereto, marked Exhi bi t "A" and
incorporated herein by reference. There was postage due on the envelope
and the last line of the address was the fax number for counsel. This fax
number probably resulted in the automated machines at the post office
improperly routing the envelope. Counsel for the administrators received
the Rule on Friday, December 29, 2006, but it was not opened until
Saturday, December 30,2006. On Tuesday, January 2, 2007, counsel for the
Administrators called to speak with Shane B. Kope, Esquire, who was not
available. A detailed message was left regarding the envelope postage and
address and a return telephone call was requested. No return call was
received. Instead Attorney Kope prepared the Motion to Make Rule
Absolute with an attached Certificate of Service indicating that it was
mailed to counsel on January 4,2007. The Motion to Make Rule Absolute
was actually mailed to counsel for the Administrators on January 5, 2007.
A copy of the transmittal letter is attached hereto, marked Exhibit "B", and
incorporated herein by reference.
WHEREFORE, Jean S. Zeigler and Maria S. Neve respectfully request that
Your Honorable Court deny the Motion to Make Rule Absolute and provide them
until January 18, 2007, to answer the Rule. Said date is twenty (20) days from the
receipt of the Petition with attached Rule. Further it is respectfully requested that
Attorney Shane B, Kope be instructed to properly serve matters and to correctly
indicate the date of service in the Certificate of Service.
Respectfully submitted,
DATED: 1"- 8~ /) 7
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ora . Blair
Supreme Court ID #45513
5440 J onestown Road
Post Office Box 6216
Harrisburg, PA 17112-0216
(717) 541-1428
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ASSOCIATES
January 5, 2007
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:
Enclosed please find a copy of a Motion to Make Rule Absolute that was filed with the
Cumberland County Court of Common Pleas Orphan's Court Division in the above referenced
matter.
If you have any questions please do not hesitate to contact this office.
Sincerely,
Kope & Associates, LLC
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Paralegal
Enclosure
EXHIBIT "B"
Smart Representation
4660 Trindle Road . Suite 201 . Camp Hill, PA 17011
P 717.761.7573. F 717.761.7572. kopelaw.com
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHAN'S COURT DIVISION
NO. 2005-01032
ESTATE OF JEAN E. WITTHOFT
CERTIFICATE OF SERVICE
I hereby certify that I have this date served a copy of the Answer to Motion
to Make Rule Absolute on the person in the manner stated below which service
satisfies the requirement of Pa.R.C.P. No. 440.
SERVICE BY FIRST CLASS MAIL TO:
Shane B. Kope, Esquire
KOPE & ASSOCIATES, LLC
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
Date: January 8, 2007
Respectfully submitted,
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