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David A. Mills, Esquire PA 37192
BLAKEY, YOST, BUPP & BAUSCH, LLP
17 East Market Street
York, PA 17401
(717) 845-3674
Attorneys for Petitioner, Darlene J. Skoloda
1N RE:
ESTATE OF
MARY ELEANOR JOHNS a1k/a
MARY E. aOHNS a/k/a
MARY JOHNS a/k/a
ELEANOR. JOHNS a/k/a
ELEANOR M. JOHNS,
Late of Upper Allen Township,
Deceased
IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-11-0851
PETITION OF DARLENE J. SKOLODA FOR CITATION TO SHOW CAUSE WHY
THE APPEAL FROM THE DECREE OF THE REGISTER ADMITTING WILL TO
PROBATE SHOULD NOT BE SUSTAINED TO PERMIT THE REGISTER TO
RECEIVE AND ACT UPON AN EARLIER WILL
AND NOV~I, this 23rd day of May, 2012, comes Petitioner, Darlene J. Skoloda, by and
through counsel, Blakey, Yost, Bupp & Bausch, LLP, who, pursuant to 20 Pa.C.S.A. § 908, files this
Petition for Citation to Show Cause Why the Appeal from the Decree of the Register Admitting Will
to Probate Should not be Sustained to Permit the Register to Receive and Act upon an Earlier Will,
as follows:
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1. Petitioner is Darlene J. Skoloda, of 728 Old Quaker Road, Lewisberry, Pennsylvania
17339-9704.
2. Respondent is Brinda J. Albright of 41 Devonshire Square, Mechanicsburg,
Pennsylvania, 17050.
3. Other parties in interest are Bambi Neville of 728 Old Quaker Road, Lewisberry,
Pennsylvania 17339, and Casey D. Hamilton of 814 Flintlock Ridge Road, Mechanicsburg,
Pennsylvania 1.7055.
4. Decedent, Mary Eleanor Johns, alk/a Mary E. Johns, aIk/a Mary Johns, a/k/a Eleanor
Johns, a/k/a Eleanor M. Johns, referred to hereinafter as Mary E. Johns, resided at 814 Flintlock
Ridge Road, Mechanicsburg, PA 17055.
5. In life, Mary E. Johns and Joseph H. Johns were married and had two children,
Darlene Johns, now known as Darlene J. Skoloda, and Brinda Johns, also known as Brinda J. Bears,
now known as Brinda J. Albright.
6. On .April 16, 1986, Joseph H. Johns died, testate, the Petition for Probate and Grant of
Letters are filed at :Register No. 21-86-0300.
7. On May 23, 1986, Mary E. Johns executed a Last Will and Testament, drawn by her
counsel, Joel Sechrist, Esquire, which divided the residue into four equal shares, namely, to her
daughters, Darlene J. Skoloda and Brinda J. Bears, and her grandchildren, Bambi J. Skoloda and
Casey D. Hamilton, and appointed her two daughters, Darlene J. Skoloda and Brinda J. Bears, as
Co-Executrices of the will, a true and correct copy of which Will is attached hereto and. incorporated
herein as Exhibit 1.
8. Mary E. Johns spoke often to her sister, Audrey A. Griffith, and her housekeeper,
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Gloria Apple, of her intent to split her estate four ways to the following relatives:
a. Her daughter, Darlene J. Skoloda,
b. Her granddaughter and Darlene Skoloda's daughter, Bambi Skoloda Neville,
c. Her daughter, Brinda J. Bears Albright, and
d. Her grandson and Brinda Albright's son, Casey D. Hamilton,
as set forth in letters from the decedent's sister, Audrey A. Griffith, and her housekeeper, Gloria
Apple, copies of which are attached hereto and incorporated herein as Exhibit 2 and 3.
9. It is believed and, therefore, averred that, in 2011, Mary E. Johns was mentally
compromised because of chronic cardiovascular and pulmonary problems and that her ability to
make clear decisions with regard to a will toward the end of her life was in question.
10. On or about February 23, 2011, Mary E. Johns, then age 90, fell while at the house of
Brinda J. Albright, was treated at Holy Spirit Hospital, and, after discharge, spent most of the time at
the residence of Brinda J. Albright.
11. It is believed and, therefore, averred that on and about March 9, 2011, Mary E. Johns
no longer had an understanding of the persons who were to share in her estate, namely, her
granddaughter and Darlene Skoloda's daughter, Bambi Skoloda Neville.
12. It is believed and, therefore, averred that on and about March 9, 2011, Mary E. Johns
no longer had an understanding of the property of which her estate was comprised.
13. It is believed and, therefore, averred that on and about March 9, 2011, Mary E. Johns
was weakened mentally and substantially impaired in comparison to Brinda J. Albright.
14. It is believed and, therefore, averred that on and about March 9, 2011, Brinda J.
Albright had a control of the comings and goings of Mary E. Johns, as the latter was dependent on
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Brinda J. Albright for all transportation and was living with Brinda J. Albright at that time.
15. It is believed and, therefore, averred that on and before March 9, 2011, Brinda J.
Albright made arrangements for Mary E. Johns to meet with Martin Sponaugle, Esquire, an attorney
of Brinda J. Albright's choosing.
16. It is believed and, therefore, averred that on and about March 9, 2011, Brinda J.
Albright influenced Mary Eleanor Johns to execute and sign a Last Will and Testament.
17. On :March 9, 2011, Mary E. Johns executed a Last Will and Testament, drawn by an
attorney other than her longstanding counsel, Joel Sechrist, Esquire, which leaves the residue of her
estate solely to her daughter, Brinda J. Albright, if she survived her mother by thirty days and
appointed Brinda J. Albright as sole executrix of the will, a true and correct copy of which Will is
attached hereto and incorporated herein as Exhibit 4.
18. After March 9, 2011, Brinda J. Albright never told her sister or any other family
member of the will that was executed on that date.
19. On :March 10, 2011, Martin Sponaugle, Esquire certified to Angela M. Caldwell,
Notary Public, that he was present when Mary E. Johns executed the document on March 9, 2011
before Tammy Neely, witness.
20. On July 23, 2011, Mary E. Johns died.
21. On August 4, 2011, Martin Sponaugle, Esquire filed the Petition of Brinda J. Albright
for Probate and Grant of Letters Testamentary under the last Will of Mary E. Johns, deceased, dated
March 9, 2011, estimating the value of the Estate of Mary Eleanor Johns to be the sum of
$733,000.00, and the Register Decreed that Letters Testamentary be granted to Brinda J. Albright.
22. Brinda J. Albright, having survived her mother by thirty days, received a substantial
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benefit under the will offered for probate.
23. Tammy Neely, who signed the March 9, 2011 document as a witness, was a co-
worker of Brinda J. Albright in a real estate office.
WHEREFORE, Petitioner, Darlene J. Skoloda, respectfully requests this Honorable Court to
issue a Citation to Respondent, Brinda J. Albright, to show cause why the Appeal from the Decree of
the Register of Wills, admitting to probate the document, dated March 9, 2011, should not be
sustained and the Decree of the Register of Wills be opened to permit the Register to receive and act
upon a petition for probate of an earlier writing, dated May 23, 1986, as the will of Mary Eleanor
Johns, a/k/a Mary E. Johns, a/k/a Mary Johns, a/k/a Eleanor Johns, a/k/a Eleanor M. Johns, deceased.
Respectfully,
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Dated: ~ ~ ~~! ~ Xnfl /
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BLAKEY, YOST, BU~PP & BAUSCH, LLP
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avi A. Mi s, Es ire PA 37192
17 East Market Street
York, PA 17401
(717) 845-3674
Attorneys for Petitioner, Darlene J. Skoloda
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~itt>~# itt ~n~ (des#ttmen# >af
MARY E. JOHNS
I, MARY E. JOHNS, of Upper Allen Township, Cumberland County,
Pennsylvania, being of sound mind and memory, do make, publish and declare this
my Last Will and Testament, hereby revoking and making void any and all wills by
me heretofore made.
FIRST: I order and direct that all of my just debts and funeral expenses
be paid by my hereinafter named Co-Executrices as soon after my death as may be
found convenient.
SECOND: I give my house at 814 Flintlock Ridge Road, Mechanicsburg,
Pennsylvania, as well as all furnishings, appliances, kitchen utensils, dinnerware,
silverware, floor coverings, wall hangings, pictures and photographs contained in the
house to my daughter, BRINDA J. BEARSS.
THIRD: I direct that all the rest, residue and remainder of my estate,
real, personal and mixed, of whatever nature and wheresoever situate, which
I may own or have the right to dispose of at the time of my death be divided into
four equal shares and be distributed as follows:
A. Ones share to my daughter, DARLENE J. SKOLODA.
B. One share to my daughter, BRINDA J. BEARSS.
C. One share to my granddaughter, BAMBI J. SKOLODA.
D. One share to my grandson, CASEY D. HAMILTON, which share shall be
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held in trust by his mother, BRINDA J. BEARSS, until Casey reaches the age of 21
years.
FOURTH: I order and direct that my Co-Executrices pay all transfer
inheritance, Federal estate, death, succession and legacy taxes to which my estate
or the transfer of any property thereunder may be subject and to charge such taxes
as a part of the expense of administration and to pay the same from my residuary
estate.
FIFTH: I hereby nominate, constitute and appoint my daughters, DARLENE J.
SKO~O.DA and BRINDA J. BEARSS, as Co-Executrices of this, my Last Will and
Testament, anti I do direct that no bond shall be required of such Co-Executrices
hereunder. My said Co-Executrices shall have full power at their discretion to do
any and all things necessary for the complete administration of my estate, including
the power to sell at public or private sale and without order of Court, any real or
personal property belonging to my estate, and to compound, compromise or
otherwise to settle or adjust any and all claims, charges, debts and demands,
whatsoever, against or in favor of my estate, as fully as I could do if living.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my
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Last Will and Testament, this ~ day of ~ 1986.
S/ (SEAL )
ary E: Johns
Signed, sealed, published and declared by the above named Testatrix as and
for her Last Will and Testament, in the presence of us, who at her request and in
her presence and in the presence of each other have hereunto subscribed our names
as witnesses. '~
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EXHIBIT
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LAST WILL AND TESTAMENT C o `-'
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MARY ELEANOR JOHNS ~ o
I, MARY ELEANOR JOHNS, of Mechanicsburg, Cumberland County, Penns~v~ia, revoke
any prior Wills and declare this to be my Will. •~
FIRST: PAYMENT OF EXPENSES - I direct that the expenses of my last illness, funeral
and burial be paid from my estate as soon as practicable after my death.
SECOND: SPECIFIC BEQUESTS AND DEVISES -
A. I give all my tangible personal property, including automobiles and all other
articles of personal or household use, together with all insurance relating thereto, to my
daughter, BRINDA J. ALBRIGHT, if she survives me by thirty (30) days, and if she does not,
to my grandchild, CASEY D. HAMILTON, if he survives me provided that articles which are
not selected may be sold and the proceeds thereof added to my residuary estate. My daughter's
right and my grandchild's right of selection shall be personal to them and shall not pass to their
estate if they die before distribution is complete. My Executor shall pay, as an expense of
settling my estate, all costs of delivering such tangible personal property, including the costs of
packaging, delivery and insurance.
B. I give the sum of ten thousand dollars ($10,000.00) to my daughter, DONNA
DALENE SKOLODA, if she survives me, and if she does not so survive me, the respective
bequest shall lapse and constitute part of my residue estate
THIRD: DISPOSITIVE PROVISIONS - I give the residue of my estate, real and personal,
to my daughter, BRINDA J. ALBRIGHT, if she survives me by thirty (30) days; and if she
does not, I give the residue of my estate, real and personal, in equal shares to my grandchild,
CASEY D. HAMILTON, if he survives me by thirty (30) days. In the event there is no one
living who is entitled to receive the residue of my estate under the foregoing provisions, I give
the residue of my estate to my heirs, distributed according to the intestacy laws of the
Commonwealth of Pennsylvania.
FOURTH: PAYMENT OF DEATH TAXES - I direct that all estate, inheritance and other
taxes in the nature thereof, together with any interest and penalties thereon, becoming payable
because of my death with respect to the property constituting my gross estate for death tax
purposes, whether or not such property passes under this Will, shall be paid from the principal
of my residuary estate, and no person receiving or having a beneficial interest in any such
property, whether under this Will or otherwise, shall at any time be required to contribute to or
refund any part thereof
FIFTH: PROTECTIVE PROVISIONS - No interest in income or principal shall be
assignable by, or available to anyone having a claim against the beneficiary before actual
payment to the beneficiary.
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EXHIBIT
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SIXTH: RIGHTS ININCOME -All income which is undistributed and accrued at a
beneficiary's death shall be treated as if accrued thereafter.
SEVENTH: MANAGEMENT PROVISIONS - My Executor and their successors, shall
have the following powers in addition to those given by law to be exercised by them in their
absolute discretion, which powers shall be applicable to all property held by them, effective
without the order of any court and until the actual distribution of all such property:
A• To retain and to invest in all forms of real and personal property, including
common trust funds operated by any corporate fiduciary, regazdless of (i) any
limitations imposed by law on investments by executors or trustees, (ii) any principle of
law concerning delegation of investment responsibility by executors or trustees, or (iii)
any principle of law concerning investment diversification;
B• To compromise claims and to abandon any property which, in my Executor's
opinion, is of little or no value;
C. 1'o borrow from anyone, even if the lender is an Executor hereunder, and to
pledge property as security for repayment of any funds borrowed;
D• T'o sell at public or private sale, to exchange or to lease for any period of time,
any real or personal property, and to give options for sales or leases;
E• To make loans to, and to buy property from my Executors;
F• To join in merger, reorganization, voting trust plan or other concerted action of
security holders, and to delegate discretionary duties with respect thereto;
G• To allocate any property received or charge incurred to principal or income or
partly to each, without regazd to any law defining principal and income;
H• To use administrative or other expenses of my estate as uicome tax or estate tax
deductions-and to value my estate for tax purposes by any optional method permitted by
the law in force when I die, without requiring adjustments between income and
principal for any resulting effect on income or estate taxes;
I• To carry securities or other property in the name of a nominee; and
J• To distribute in cash or in kind and to allocate specific assets among the
beneficiaries (including any trust hereunder) in such proportions as my Executor may
think best, so long as the total mazket value of any beneficiary's share is not affected by
such allocation.
K• I appoint the Executors, as Guardians of the estate of any minor who has no
other Guardian of his or her estate, with power to hold for the minor all property
payable by :law to a Guazdi appointed hereunder and to use the same for the minor's
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exclusive benefit, after considering other available resources and economies of taxation.
L. To employ accountants, agents, investment counsel, brokers, bank or trust
company to perform services for and at the expense of my estate hereunder for which
such services are performed and to carry or register investments in the name of the
nominee of such agent, broker, bank or trust company. The expenses and charges for
such services shall be charged against principal or income or partly against each as my
Executor may determine: My Executor is expressly relieved of any liability or
responsibility whatsoever for any act or failure to act by, or for following the advice of,
such accountants, agents, investment counsel, brokers, bank or trust company, so long
as my Executor exercise due care in their selection. The fact that an Executor may be a
member, shareholder or employee of any accounting, investment or brokerage firm,
agent or bank or trust company so employed shall not be deemed a conflict of interest,
any compensation paid pursuant to this subparagraph shall not affect in any manner the
amount of or the right of my Executor to receive commissions as a fiduciary.
These authorities shall extend to all property at any time held by my Executor and shall
continue in full force until the actual distribution of all such property. 7`hese authorities shall
be in addition to those granted by law and shall be exercisable without the leave of court.
EIGHTH: POWER OF APPOINTMENT. I decline to exercise any power of appointment
given to me under any Will, Codicil or Deed of Trust.
NINTH: EXECUTOR. I appoint my daughter, BRINDA J. ALBRIGHT, executrix of this
Will. If she should fail to qualify or cease to act, I appoint my grandson, CASEY D.
HAMILTON, as the executor in her place. No executor shall be required to give bond.
Whenever the term "executor" or "executrix" is used in this instrument, such term shall be
construed to include the plural and proper gender. Any executor may resign at any time
without court approval. All powers, authorities and discretions conferred upon and granted to
my executor named herein shall extend to and be exercisable by any successor or successors,
either appointed herein or by a court of proper jurisdiction.
1N WITNESS WHEREOF, I have hereunto set may hand and seal this-~/ ~ ~/ day of Mazch,
2011, to my Last Will and Testament consisting of three pages.
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MARY ELEANOR JdHNS
In our presence the above-named Testatrix signed this and declared it to be her Will, and now
at her request, in her presence, and in the presence of each other, we sign as witnesses:
residing at ~~ ~~.
residing at ~ ~(~ ~~
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COMMONVI''EALTH OF PENNSYLVANIA
COUNTY OF' ~+ ~
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We, MARY E',LEANOR 1pI~S
Testatrix and witnesses, respectively~whos names a~ si
sworn, do hereb and~rt~r Y S°pr~a ~~ ,the
y declare to the undersigned authori fined to the foregoing Will, being first duly
ty that the Testatrix signed and executed the
foregoing instrument as her last Will, in the presence and hearing of the wifiesses
signed w'llmglY and that she executed it as her free and volunt
and that each of the wifiesses, in the presence and hearin and that she had
ary act for purposes therein expressed,
Will as witness and that to the best of their knowledge, the Testatrixswas at th
age or older, of sound mind and under no constraint or undue influence. ~ and each other, signed the
at time eighteen years of
COMMONWEALTH OF PENNSYLVANIA
MARY EANOR JO S, Testat~~x
Wi ss
fitness -
COUNTY OF ~gr~as¢e.r ~ SS.
On this, the ~
personal) a~ day of March, 2011, before me, a No
Y ppeared Martin Y. Sponaugle, known to me or satisfactorily proven tosbe a member o
bar of the highest court of Pennsylvania, Supreme Court ID Number 13623, and c fined officer,
personally present when foregoing acknowledgment and affidavit were si ed b f the
witnesses. ertified that he was
fin y the testatrix and
In witness whereof, I have signed my name and axed my seal.
No ubli ~ (SEAL)
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Commission Expires:
Co1+~ioNwEni,Tli o>: r~lsnvAwA
NOTARIAL SEAL
Angela M. Caldwell, Notary Public
Manheim Twp, Lancasttr County
M commteeroa « ~ November 18, 2014
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VERIFICATION
I, DARLE',NE J. SKOLODA, state upon personal knowledge, or information that I
believe to be trine, that the facts in the PETITION OF DARLENE J. SKOLODA FOR
CITATION TO SHOW CAUSE WHY THE APPEAL FROM THE DECREE OF THE
REGISTER ADMITTING WILL TO PROBATE SHOULD NOT BE SUSTAINED TO
PERMIT THE REGISTER TO RECENE AND ACT UPON AN EARLER WILL are true.
I understand that false statements herein are made subject to the criminal penalties of 18
Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities.
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DARLENE 1.~ OLODA
CERTIFICATE OF SERVICE
I, David A. Mills, Esquire, hereby certify that I have served a true and correct copy of the
foregoing PETITION OF DARLENE J. SKOLODA FOR CITATION TO SHOW CAUSE
WHY THE APPI=;AL FROM THE DECREE OF THE REGISTER ADMITTING WILL TO
PROBATE SHOt1LD NOT BE SUSTAINED TO PERMIT THE REGISTER TO RECEIVE
AND ACT UPON AN EARLIER WILL by depositing a copy of same in the United States Mail,
regular delivery, postage prepaid as follows:
Martin Y. Sponaugle, Esquire
451 E. Ross Street, 2ND Floor
Lancaster, .PA 17604
Y, POST, B~JPP & BAUSCH, LLP
Dated:
David A. Mills, Es uire PA 37192
17 East Market Stree
York, PA 17401
(717) 845-3674
Attorney for Petitioner, Darlene J. Skoloda