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Home My WebLink About06-13-12NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PETITIONER IN RE: ESTATE OF NANCY J. LAMONT, Deceased O m~ fTl~i, ~~ -i. ~c'?;; C7 ~_ , _ ~C.",; ~(~:. .~'. IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 21-11-1293 PETITION FOR AUTHORIZATION TO TRANSFER AND DISTRIBUTE IOLTA FUNDS 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: ~.; C.~ w W 'i3 err ~~ 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 29, 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 Administration D.B.N. were issued to Petitioner upon petition granted by Decree issued on or about May 17, 2012, by the Honorable Christylee L. Peck. 5. Prior to her death, Decedent was an attorney licensed to practice law in Pennsylvania. 6. In the eleven year period immediately preceding her death, Decedent was employed by the Dickinson School of Law of the Pennsylvania State University as an Assistant Dean. 7. During that time, Decedent continued to serve as Trustee of a Testamentary trust -z-, r i'l rte;" J '..._~ f (` _T~ ~:: ~ - ' ; . ,1 ,. _= t' '~ ~~ t~ L~ known as the Marie Knight Trust. 8. The trust is administered under the laws of the State of Connecticut and has been under the jurisdiction of the Tobacco Valley Probate District, Suffolk, Connecticut. 9. In 2011, prior to her death, the Decedent was preparing to transfer her responsibilities as trustee to the successor trustee, Holly Wagner. 10. In doing so, it is believed that Decedent liquidated certain investment accounts and transferred said fund to her IOLTA account. 11. Prior to transferring said funds to the successor trustee, a total of $238,721.21 was transferred into the IOLTA account held at PNC Bank, with account number 10-0280-1391. 12. Based upon information and belief, Decedent was the only authorized signer for said account. 13. Despite being granted Letters of Administration D.B.N., petitioner directed the undersigned to investigate the responsibilities and the scope of authorization to handle fiznds in an IOLTA account. 14. The undersigned thereafter contacted the IOLTA Board administered under the authority of the Supreme Court of Pennsylvania and requested guidance on the handling of the IOLTA funds by anon-lawyer, namely the Petitioner. 15. The IOLTA board suggested that this Honorable Court could, upon petition, authorize the undersigned as counsel for Petitioner, to have authority to transfer the funds from Decedent's IOLTA account into the IOLTA account for Wolf & Wolf, Attorneys at Law, and to make the appropriate distributions to the successor trustee of the Marie F. Knight Trust. 16. It is believed and therefore averred that the only funds held in the Decedent's IOLTA account are those belonging to the Marie F. Knight Trust. (A true and correct copy of the statement of account ending February 29, 2012 is attached hereto as Exhibit A) 17. Upon receiving authorization from this Honorable Court, Petitioner and the undersigned would therefore transfer the funds from the Decedent's IOLTA account and transfer said funds and all relevant financial records to the successor trustee upon receipt of a release executed by the successor trustee in favor of the estate, petitioner and the undersigned. 18. Petitioner therefore seeks a Decree granting the instant petition and directing PNC Bank to release all remaining funds in Decedent's IOLTA account to the undersigned to be distributed as described herein. 19. Petitioner and the undersigned aver that the successor trustee concurs with the relief requested. 20. Petitioner avers that the instant Court approval is necessary to enable the Petitioner and the undersigned to carry out the responsibilities of the estate that remained at the time of the death of the decedent. 21. Petitioner avers that the interests of justice and judicial economy will be served by granting the relief requested herein. WHEREFORE, Petitioner Robert E. Wenzel respectfully requests that this Honorable Court issue a Decree authorizing the undersigned, at the direction of the Petitioner, to transfer all funds held at PNC Bank, in account number 10-0280-1391, the IOLTA account belonguig to Nancy Jean Lamont, deceased, to the IOLTA account of Wolf & Wolf, Attorney s at Law, and to make appropriate distributions of such funds to the successor trustee of the Marie F. l~night estate, along with any additional relief that may be deemed appropriate and just. Respectfully submitted, WOLF & WOLF, At,~orneys at Law Dated: June ~ ~ , 2012 By: Natha f, Esquire 10 West igh Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for the Estate of Nancy J. LaMont, deceased IOLTA Checking PNC Bank ~ PNCBANK For tho poritod 02/07/207 2 to 02/28!207 2 109526 NANCY JEAN LAMONT ATTY AT LAW IOLTA CLIENT TRUST FUND 231 CONWAY ST CARLISLE PA 17013-3602 Primary account number: 10-0280-1391 Page 1 of 3 Number of enclosures: 0 For 24-hour banking sign on to PNC Bank Qnline Banking on pnc.com FREE Online Bill Pay 'a For customer service call 1-877-BUS-BNKG Monday -Friday: 7 AM - 10 PM ET Saturday & Sunday: 8 AM - 5 PM ET Para servicio en espai5ol, 1-877-BUS-BNKG Movingt Please contact your local branch. ® Write ta: Customer Service FO Box 609 Pittsburgh , PA 15230-9738 Visit us at PNC.com/mybusiness/ TDD terminal: 1-800-531-1848 For hearing impacted clients only IMPORTANT ACCOUNT INFORMATION Effective April 1, 2012 As check processing has become more efficient and has migrated to exchanging images of checks rather than paper checks, fewer actual checks are available for return with customer statements. As of April 1, 2012, cancelled checks will no longer be returned with your monthly statement and you will instead receive check images (a statement page showing pictures of the front and back side of your cancelled checks and replacement checks instead of your actual checks). The monthly fee of $3 for check images will be waived for your account based on the type of checking account you have with PNC. If you prefer not to receive check images in your statement, you may also select another type of statement, such as Check Safekeeping or Online statements. I~ou have questions, please visit your local PNC branch office or call us at the Customer Service phone number listed above. IOLTA Checking Summary Account number: 10-0280-1391 Overdraft Protection has not been established for this account. Please contact us if you would tike to set up this service. Nancy Jean Lamont Atty At Law IOLTA Client Trust Fund Balance Summary Beginning Depoaitsand balance other additions 238,721.21 66.01 Checks and other Ending deductions balance 66.01 238,721.21 Average ledger Average collected balance balance 23 8, 721.21 23 8, 721.21 Interest Summary Annual Percentage Number of days Yield Earned (APYE) in interest period 0.35% 29 ~~~ ~.~ ~1 Average collected Interest paid balance forAPYE this period 238,721.21 66.01 PIJ r1RAl TAR_ 1(1p9A617_NIA1_NINAl1UNNI_AA9_9A 7710. Interest paid year-to-date 0.00 r IOY.TA Checking For the period 02/07/2072 to 02/29/2072 - For 24-hour account information, sign on to NANCY JEAN LAMONT ATTY AT LAW pnc.com/mybusiness/ Primary account number; 10-0280-1391 IOLTA Checking Account number: 10-0280-1391 -continued Page 2 of 3 Deposits and Other Additions Checks and Other Deductions Description Items Amount Description Items Amount Other Additions 1 66.01 Other Deductions 1 66.01 Total 1 66.01 Total 1 66.01 Daily Balance Date Ledger balance Date Ledger balance 02/01 238,721.21 02/29 238,721.21 Activity Detail Deposits and Other Additions Other Additions Date Transaction Reference posted Amount description number 02/29 66.01 Interest Payment I-GEN112022900007045 Checks and Other Deductions Other Deductions Date Tra nsactio n posted Amount description 02/29 66.01 State Interest Remittance Debit Reference number I-GEN 1120229f)0007046 ;'°~RI!A166 R-Q7 S5 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. Robert E. Wenzel