HomeMy WebLinkAbout05-10-12 r
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NATHAN C. WOLF, ESQUIRE ' •, C~`.~
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ATTORNEY ID NO. 87380 ~ F~~
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WOLF & WOLF, ATTORNEYS AT LAW - -
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10 WEST HIGH STREET r, ~
CARLISLE PA 17013 I ~
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(717) 241-4436 Cllh~lf~ f~~,r'~~~, J ~; ~
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ATTORNEY FOR PETITIONER .
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IN RE: ESTATE OF `~;~'~--- " ' ' ^~
NANCY J. LAMONT, Deceased : IN THE COURT OF COMMON PLEAS~iF _ .
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:CUMBERLAND COUNTY, PENNSYLVAN]A _
:ORPHAN'S COURT DIVISION
NO. 21-11-1293
Docket No.
PETITION FOR REVOCATION OF THE
GRANT OF LETTERS OF ADMINISTRATION
NOW comes the Petitioner, Robert E. Wenzel, by and through counsel for the above-
captioned estate, Nathan C. Wolf, Esquire, and presents this petition for revocation of letters of
administration, representing as follows:
1. Petitioner is Robert E. Wenzel, an adult individual residing at 4729 Juniper Street,
Front, Pittsburgh, Allegheny County, Pennsylvania, 15224.
2. Decedent is Nancy J. LaMont, deceased, who died intestate on October 2',9, 2011,
and who, at the time of her death, resided with at 231 Conway Street, Carlisle, Cumberland County,
Pennsylvania.
3. Petitioner is the surviving spouse of the decedent.
4. Letters of ~dministrarion were issued to Carol L. Berry (hereinafter the
Administratrix) by the Register of Wills of Cumberland County, Pennsylvania on or about
December 5, 2011. A true and correct copy of a Short Certificate issued by the Register is attached
hereto as Exhibit ,~.
5. On or about February 6, 2012, the Petitioner was informed by the ~dmin.istratrix
that she had been diagnosed with recurrent metastatic cancer of the liver and bones.
6. "I'he Administratrix informed the petitioner that she could no longer perform the
duties of administration of the estate of her sister, Nancy J. LaMont, deceased, and that she wished
for Petitioner to assume said duties and administer the estate in her place.
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7. Prior to receiving such diagnosis, the Administratrix had met with and retained the
undersigned to serve as counsel for the estate and to assist her in the administration of said estate.
8. Subsequently to notifying the Petitioner of her health condition and her inability to
continue to serve, the Administratrix likewise notified counsel of the same and indicated her desire
to transfer responsibility to Petitioner.
9. Petitioner obtained a renunciation from the Adrninistratrix indicating that she was
relinquishing her right to administer the Estate of Nancy J. La~Iont in favor of Robert E. Wenzel.
A true and correct copy of the renunciation is attached hereto as Exhibit B.
10. Petitioner seeks a Decree granting the instant petition and permitting the revocation
of letters of administration issued to Carol Berry, so that he may obtain Letters of Administration
d.6. n.
11. Petitioner presents this request pursuant to 20 Pa. C.S. X3182(3) concerning the
incapacity of the personal representative.
12. Petitioner avers that the incapacity caused by the illness of the Administratox renders
her unable to carry out the duties of her office, and that such inability to perform her duties will
cause injury to the estate.
13. Petitioner and the undersigned request that this matter be disposed of without the
necessity of a hearing to avoid imposing any additional hardship on the Administratrix who is
currently undergoing chemotherapy and who is therefore unable to travel to attend court
proceedings.
14. Petitioner respectfully submits that this request is being made at the behest of t:he
Adrninistratrix who has already transferred all documents and records relating to the Estate to
Petitioner so that he may assume his duties of administering the Estate.
15. Petitioner cannot obtain Letters of Administration d. b.ra. without the Cou.rfs issuance
of a decree revoking the Letters previously issued to Carol L. Berry.
16. Petitioner is otherwise qualified to serve as Administrator of the Estate and has been
sworn by the Register of Wills pending revocation of the existing Letters.
17. Petitioner has filed, contemporaneously with the instant petition, renunciations in
favor of Petitioner executed by all of the remaining heirs of the estate and the Administratrix.
18. Petitioner avers that the interests of justice and judicial economy will be sen ed by
granting the relief requested herein.
WHEREFORE, Petitioner Robert E. Wenzel respectfully requests that this Honorable
Court issue a Decree revoking the letters of administration granted to Carol L. Berry, Adminie~tratrix
of the Estate of Nancy J. LaMont, Deceased, so that he may obtain letters of administra.~ion d.b.n.,
along with any additional relief that may be deemed appropriate and just.
Dated: May :~!, 2012
Respectfully submitted,
WOLF & WO ,Attorneys at :Law
By: r
Nathan olf, Esquire
10 West High Street
Carlisle, PA 17013
Supreme Court I.D. No. 87380
(717) 241-4436
Attorney for the Estate of
Nancy J. LaMont, deceased
VERIFICATION
I, Robert E. Wenzel, hereby certify that the facts stated in the foregoing petition are true and
correct to the best of my knowledge, information and belief. I understand that false statements
made herein are subject to the penalties of 18 Pa.C.S. Section 4094, relating to unsworn falsification
to authorities.
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Robert E. Wenzel