The URL can be used to link to this page

Home My WebLink About04-0594 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division In re: Estate of Accounts for Evan and · Adam Wentzel, minors · · No.r,,n,..D£1_{ of 2004 PETITION FOR CITATION TO SHOW CAUSE WHY CUSTODIAN OF PUTMA ACCOUNTS SHOULD NOT BE REMOVED FOR CAUSE AND A SUCCESSOR APPOINTED TO THE HONORABLE, THE JUDGES OF THE SAID COURT: :::: .. The petition of Virginia R. Wentzel respectfully states that: c 1. Petitioner is the natural mother and primary custodial parent of Evan C. '~ntzel, born October 28, 1987, and Adam M. Wentzel, born July 10, 1991, both minors. - 2. Respondent, James B. Wentzel, is the natural father of Evan and Adam Wentzel~'-: 3. Respondent has served as custodian of four separate PUTMA accounts for Evan C. Wentzel and for Adam M. Wentzel, at Orrstown Bank and at M&T Bank, since the said accounts were opened in 1988, 1991, 2001 and 2002, and as custodian of two PUTMA investment accounts at Edward Jones and at Brookwood Investments, opened in 1994 and 2001. 4. This proceeding is instituted in accordance with the provisions of 20 Pa. Cons. Stat. § 5318 (f). 5. The said PUTMA accounts were funded primarily by periodic birthday and Christmas gifts to Evan and Adam Wentzel from their paternal grandparents and paternal great grandmother. 6. Between 1990 and the end of 2003, Respondent made numerous unauthorized withdrawals from his sons' said PUTMA accounts and converted the withdrawn funds to his own uses. 7. The total of the said unauthorized withdrawals amounted to $34,982.91, including the interest the withdrawn funds would have earned in the accounts. 8. Respondent's peculation was discovered by Petitioner during investigations related to their divorce and property settlement. 9. The converted funds and imputed interest thereon were returned through an off-set incorporated into the property settlement between Petitioner and Respondent and are current being held in escrow by the undersigned law firm, until such time as the funds can be deposited into accounts for Evan and Adam that are safely beyond Respondent's reach. 10. The balance of the funds in the said PUTMA accounts remain in jeopardy of being similarly converted by Respondent to his own uses. 11. Respondent has refused to execute the necessary documents provided to him in order to effect his resignation and the appointment of Petitioner as successor custodian of the PUTMA accounts. WHEREFORE, petitioner requests that the Court award a citation directed to James B. Wentzel to show cause, if any there be, why he should not be removed as custodian of all existing PUTMA accounts for Evan C. Wentzel and for Adam M. Wentzel and Virginia R. Wentzel appointed successor custodian of the said accounts. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated: ~ ~ I0~ By: ~(~(~; ~ Thomas E. Flower S.Ct. #83993 2109 Market Street Camp Hill, PA 17011 (717) - 737 - 3405 Attorneys for Petitioner In the Court of Common Pleas of Cumberland County, Pennsylvania · Orphans' Court Division In re: Estate of Accounts for Evan and : Adam Wentzel, minors : : No. of 2004 VERIFICATION I, Virginia R. Wentzel, hereby verify that the statements made in the foregoing petition are true and correct, to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unswom falsification to authorities. Virghaia R. Wentzel ~ IN RE: ESTATE OF ACCOUNTS FOR EVAN IN THE COURT OF COMMON PLEAS AND ADAM WENTZEL, MINORS ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-2004-0594 CITATION WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause why he should not be removed custodian of all existing PUTMA accounts for Evan C. Wentzel and for Adam M. Wentzel and Virginia R. Wentzel appointed successor custodian of the said accounts. Rule returnable in 20 days. No withdrawals shall be made from the accounts pending further order of court. Wimess my hand an official seal of office at Carlisle, Pennsylvania, this 8th day of July, 2004. / Cl k, visio / Cumberland County, Carlisle, PA l~,~ v My Commission Expires on the l~t MondaY- y January, 2006 JUN 2 4 2004 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division In re: Estate of Accounts for Evan and · Adam Wentzel, minors ' 5q ~ · No. of 2004 DECREE AND NOW the .t:; /'~ day of ~',a'[c.q , 2004, upon consideration of the within petition of Virgir~ia R. Wentzel, it is hlereby ordered and decreed that a citation is awarded, directed to James B. Wentzel, to show cause why he should not be removed custodian of all existing PUTMA accounts for Evan C. Wentzel and for Adam M. Wentzel and Virginia R. Wentzel appointed successor custodian of the said accounts· Rule returnable in 7_. 0 days. By the Court: ' In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division In re: Estate of Accounts for Evan and · Adam Wcntzcl, minors · · No.-5("~1 of 2004 PETITION FOR CITATION TO SHOW CAUSE WHY CUSTODIAN OF PUTMA ACCOUNTS SHOULD NOT BE REMOVED FOR CAUSE AND A SUCCESSOR APPOINTED TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The petition of Virginia R. Wentzel respectfully states that: 1. Petitioner is the natural mother and primary custodial parent of Evan C. Wentzel, bom October 28, 1987, and Adam M. Wentzel, bom July 10, 1991, both minors. 2. Respondent, James B. Wentzel, is the natural father of Evan and Adam WentzeL 3. Respondent has served as custodian of four separate PUTMA accounts for Evan C. Wentzel and for Adam M. Wentzel, at Orrstown Bank and at M&T Bank, since the said accounts were opened in 1988, 1991, 2001 and 2002, and as custodian of two PUTMA investment accounts at Edward Jones and at Brookwood Investments, opened in 1994 and 2001. 4. This proceeding is instituted in accordance with the provisions of 20 Pa. Cons. Stat. § 5318 (f). 5. The said PUTMA accounts were funded primarily by periodic birthday and Christmas gifts to Evan and Adam Wentzel from their paternal grandparents and paternal great grandmother. 6. Between 1990 and the end of 2003, Respondent made numerous unauthorized withdrawals from his sons' said PUTMA accounts and converted the withdrawn funds to his own uses. 7. The total of the said unauthorized withdrawals amounted to $34,982.91, including the interest the withdrawn funds would have earned in the accounts. 8. Respondent's peculation was discovered by Petitioner during investigations related to their divorce and property settlement. 9. The converted funds and imputed interest thereon were returned through an off-set incorporated into the property settlement between Petitioner and Respondent and are current being held in escrow by the undersigned law firm, until such time as the funds can be deposited into accounts for Evan and Adam that are safely beyond Respondent's reach. 10. The balance of the funds in the said PUTMA accounts remain in jeopardy of being similarly converted by Respondent to his own uses. 11. Respondent has refused to execute the necessary documents provided to him in order to effect his resignation and the appointment of Petitioner as successor custodian of the PUTMA accounts. WHEREFORE, petitioner requests that the Court award a citation directed to James B. Wentzel to show cause, if any there be, why he should not be removed as custodian of all existing PUTMA accounts for Evan C. Wentzel and for Adam M. Wentzel and Virginia R. Wentzel appointed successor custodian of the said accounts. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated: /~//2-'3/O¢ By:~~b~~ Thomas E. Flower S.Ct. #83993 2109 Market Street Camp Hill, PA 17011 (717) - 737 - 3405 Attorneys for Petitioner In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division In re: Estate of Accounts for Evan and · Adam Wentzel, minors · · No. of 2004 VERIFICATION I, Virginia R. Wentzel, hereby verify that the statements made in the foregoing petition are true and correct, to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unswom falsification to authorities. - Virginia R. '¢)eh~zel' u SHERIFF'S RETURN - REGULAR CASE NO: 2004-00594 0 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WENTZEL EVAN & ADAM WENTZEL JAMES B c_ JODY SMITH Sheriff or Deputy Sheriffof Curaberland County, Pennsylvania who being duly sworn acco~.ding to law, says, the within PETITION was served upon WENTZEL JAMES B the RESPONDANT , at 0806:00 HOURS, on the 14th day of July , 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 170~3 by handing to JAMES B WENTgEL a true and attested copy of PETITION together with DECREE AND CITATION and at the same time directing His attention to the contents thereof Sheriff's Costs: So Answers: Docketing 18 00 Affidavit 00 Surcharge 10 00 R. Thomas Kline 00 28 00 07/14/2004 VIRGINIA WENTZEL Sworn and Subscribed to before By: me this I~ day of %-/~e%2~ , eputy Shermff co- ' IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF ACCOUNTS FOR EVAN CUMBERLAND COUNTY, PENNSYLVANIA AND ADAM WENTZEL, ORPHANS' COURT DIVISION MINORS NO. 21-2004-0594 ORDER OF CO[JRT AND NOW, this 9th day of August, 2004, upon consideration of the Petition for Citation To Show Cause Why Custodian of PUTMA Accounts Should Not Be Removed for Cause and a Successor Appointed, and of the attached letter from counsel for Respondent, James R. Wentzel, in the person of Thomas J. Williams, Esq., the petition is granted, Respondent is amicably removed as guardian from all existing PUTMA accounts for Evan C. Wentzel and for Adam M. Wentzel, and Petitioner, Virginia R. Wcntzel. is appointed successor guardian of the said accounts. BYTHECOURT, J./' esley Oler,'Jr., " "Thomas E. Flower, Esq. i'~e J' ,_~.,( ~ 2 109 Market Street . '%.~_.~ Camp Hill, PA 17011 4,~, Attorney for Petitioner "'~ t Thomas J. Williams, Esq. '"'"..~ Ten East High Street ~-4, Carlisle, PA 17013 ~ L-- Attorney fbr Respondent MARTSON DEARDORFF WUA.IAMS ~ OTTO August 5, 2004 CHRIS IO1'1 I IR t; RICF The Honorable J. Wesley Oler, Jr. Cmberland County Cou~house Hanover ~d High Streets Carlisle, PA 17013 RE: In Re: Estate of Accounts for Evan and Adam Wentzel, Minors No. 21-2004-0594 - O~hans' Cou~ Division Our File No. 10816.1 Dear Judge Oler: On behalf of Respondent, J~es B. Wentzel, I ~ authorized to represent to the Cou~ that he does not oppose the Petition to Tr~sfer the custodial accounts for his children to their mother, his ex-wife, Petitioner Virginia R. Wentzel. Ve~ truly yours, M~TSON DE~O~F W~L~S & OTTO Thomas J. Williams TJW/tde cc: Carol J. Lindsay, Esquire Mr. James B. Wentzel I N F O R M AT I O N * A D V I C E A D v O C A C ¥ ~x~