Westmoreland register of wills ordered remit about $500K in fees to county

Embattled Westmoreland County Register of Wills Sherry Magretti Hamilton was ordered to transfer an estimated $500,000 in funds collected by her office over the last four months to the controller’s office by May 28.

The register of wills office — which oversees the filing and processing of adoptions, guardianships, wills and estates — has yet to turn over costs and fees collected through those tasks from January through the end of April, according to Controller Jeffrey Balzer.

The office in previous years averaged more than $100,000 in monthly payments and turned over more than $1.7 million to the county’s general fund in 2023.

Common Pleas Court Judge Harry Smail Jr. issued a court order Friday granting Hamilton six working days to turn over all past due payments to the controller’s office. His order also requires Hamilton’s office to make all future monthly payments by the 10th of each month.

“The court order came as a shock,” Hamilton said from her courthouse office on Friday afternoon. “I talked to the controller and we had an understanding that we are catching up and training our staff and there are no problems.”

The deadline for the payments is the same day that the court-appointed conservator begins work to oversee the office. Smail on Monday appointed Greensburg attorney Jim Antoniono as conservator and, in doing so, effectively demoted Hamilton from her leadership position for which she earns an annual salary of nearly $90,000.

Hamilton, a Republican from Hempfield, was elected last fall and started her third four-year term in office in January.

Smail and Judge Jim Silvis last week found Hamilton in contempt of court for violating two previous court orders, one issued in November 2022 and another in January that required her office meet specific filing deadlines and complete of other routine work. Officials claimed these delays have plagued the office since at least 2019.

Officials claimed adoption records and other court filings had not been filed in a timely manner. Witnesses in two days of court testimony said routine production of adoption certificates in some cases took months to complete while others remained outstanding.

Hamilton faces a potential jail term and fines of up to $15,000 when she is sentenced in the contempt case on June 17.

New register of wills office solicitor Sean Logue on Thursday told county commissioners Hamilton’s office had eliminated the backlog of filings, brought adoption records up to date and was continuing to meet requirements of the judge’s previous court orders.

Prompt payments to the controller’s office was not stipulated in the original court orders.

Balzer said the register of wills office had routinely made monthly payments prior to the start of 2024, but the routine fund transfers stopped last November. The controller’s office received December receipts, totaling $96,500, on May 8.

“There were no surprises. We knew there was an issue but it was nothing we were worried about. It’s our standard procedure that we expect the money by the 10th (of each month) and if we don’t get it, we keep asking for it until we get it,” Balzer said.

He said he personally spoke with Hamilton about two weeks ago to discuss the delinquent payments.

Officials said the money remains in the register of wills office bank account.

“I am not aware of anyone being upset, because at the end of the day, we have until the end of next year to get this information in. It’s less than 1% of the county’s $400 million budget. It’s not deminimis, but we are going to have it properly reported,” Balzer said.

Westmoreland commissioners Ted Kopas and Sean Kertes have called for Hamilton’s resignation. Kopas also urged state lawmakers to impeach or remove her from office.

Kopas continued those calls on Friday and said the revelation that Hamilton’s office has been delinquent in turning over funds to the county further strengthens the case for her removal.

“It fits the pattern of negligence,” Kopas said. “This really is less about the money. It’s more about her negligence and the incompetence of the office.”