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Home My WebLink About06-28-12Daniel L. Sullivan, Esquire Attorney I.D. No. 34548 SAIDIS SULLIVAN & ROGERS 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Email: dsullivan@ssr-attorneys.com IN RE: ESTATE OF MARY ELEANOR JOHNS a/k/a MARY E. JOHNS a/k/a/ ELEANOR JOHNS a/k/a ELEANOR M. JOHNS , Late of Upper Allen Township Deceased Attorney for Proponents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-11-0851 RESPONSE OF BRINDA J. ALBRIGHT AND CASEY D. HAMILTON IN OPPOSITION TO THE NOTICE OF APPEAL AND 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 NOW, come Brinda J. Albright and Casey D. Hamilton (referred to at times herein collectively as "Proponents"), by their attorneys, Saidis, Sullivan & Rogers, and file the following Response opposing the Notice of Appeal and Petition of Darlene Skoloda and seeking to uphold the Will of Mary Eleanor Johns admitted to probate on or about August 4, 2011: 1. Admitted. 2. Admitted that Brinda J. Albright is a "respondent" to the Petition; Casey Hamilton is also a respondent. r~ N `~'~°i f ~ i~ C13 ~ ~ CD r.7 C~i ~ N ~ ~~ F 3. The averments regarding the identity of persons who are "[o]ther parties in interest" is a conclusion of law to which no response is required and is therefore deemed denied. 4. Admitted. (For purposes of consistency and brevity, Mary Eleanor Johns will be referred to at times herein as "Eleanor."} 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that at a time shortly after the death of her husband, Eleanor retained the services of Joel Sechrist, Esquire to draw a new Will. After reasonable investigation, Proponents are without information or knowledge sufficient to form a belief regarding the alleged specifics of the date and circumstances of the drawing of any such Will, or the execution, if any, of the Will, or the contents of such a Will, so that these averments are deemed denied. To the extent that the document attached as Exhibit 1 is, as alleged, a prior and at one time valid Will, it is a written document which speaks for itself and Proponents deny the accuracy and completeness of any attempt to describe, characterize or selectively quote from the document. 8. After reasonable investigation, Proponents are without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph eight so that these averments are denied. 9. Denied. On the contrary, Eleanor was not "mentally compromised," in 2011 or at any other time. At all times she was able to make "clear decisions" with respect to her Will and all other aspects of her life. Eleanor suffered certain physical ailments, but these physical ailments did not compromise her mental abilities or intellect. 10. Admitted in part and denied in part. It is admitted that on or about February 23, 2011 Eleanor fell while at Brinda J. Albright's house, and she was treated at the Holy Spirit Hospital Emergency Department. She was released from the Emergency Department, returned to Brinda"s residence, and remained there at times thereafter. It is denied that Eleanor spent "most of the time" at Brinda's residence. On the contrary, at various times both before and after the fall, Eleanor would spend periods of time with Brinda. Eleanor maintained her separate residence at 814 Flintlock Ridge Road, and routinely returned to her residence for various periods of time before she would again visit or spend time at Brinda's residence. 11. Denied. On the contrary, on and about March 9, 2011 Eleanor had a full understanding of her family, including the existence of her granddaughter, Bambi Skoloda- Neville. Any implication that Eleanor did not know she had a granddaughter is specifically denied. Further, any implication that Bambi Skoloda-Neville was a person "who [was] to share in [Eleanor's] estate" is denied. On the contrary, the "persons who were to share in her estate" would be those persons whom Eleanor decided at the time she drew up her testamentary plan she wanted to share in her estate. Any suggestion that Bambi Skoloda-Neville had any "right" or special status to be included in Eleanor's estate is specifically denied. 12. Denied. On the contrary, on and about March 9, 2011 Eleanor had a full and adequate understanding of the property of which her estate was comprised. 13. Denied. On the contrary, on and about March 9, 2011 Eleanor was not "weakened mentally and substantially impaired," whether evaluated in her own right or in comparison to Brinda Albright. Proponents' response to Paragraph 9 is hereby incorporated by reference. 14. Denied. On the contrary, on and about March 9, 2011, Brinda J. Albright did not control the coming and goings of Eleanor. Eleanor was not dependent on Brinda for all of her transportation, nor was Eleanor residing with Brinda full-time or a continuing basis. Eleanor had her own car, and maintained a valid Pennsylvania driver's license. While Eleanor chose not to drive extended distances, she did, in fact, continue to drive her own car until near the time of her death. Moreover, any suggestion or implication that Eleanor was isolated by Brinda or that Brinda restricted the access of any third party to Eleanor is specifically denied. 15. Denied. On the contrary, Brinda J. Albright did not choose Martin Sponaugle to act as an attorney or to meet with Eleanor. Eleanor had apre-existing relationship with an accountant, Lee Kerr, who prepared her taxes. When Eleanor expressed an intent to consult with an attorney about updating her estate plans, Brinda, on Eleanor's behalf, asked Mr. Kerr if he would be able to recommend an attorney. Mr. Kerr, not Brinda, recommended Martin Sponaugle; thereafter Eleanor met with Mr. Sponaugle. 16. Denied. Eleanor executed her Last Will and Testament on March 9, 2011 freely and independently, and she alone decided to whom and how she intended to have her estate distributed upon her death. Eleanor had full capacity, and was free from any undue influence in the preparation and execution of her Will. 17. Admitted in part and denied in part. It is admitted that Eleanor signed her Last Will and Testament on or about March 9, 2011. It is admitted that the document attached to the Petition as Exhibit 4 is a true and correct copy of her Last Will and Testament. It is a written document and speaks for itself, and Proponents deny the accuracy and completeness of any attempt to describe, characterize or selectively quote therefrom. It is specifically denied that Joel Sechrist, Esquire was Eleanor's "long standing counsel." On the contrary, Proponents assert on information and belief that the only services provided to Eleanor by Attorney Sechrist related to a Will preparation in 1986. Eleanor did not have any "long standing" or regular attorney in 2010-2011, which is why she sought a recommendation from Mr. Kerr in order to retain an attorney. 18. Admitted. 19. After reasonable investigation, Proponents are without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph nineteen so that the averments are deemed denied. In further response, however, it appears from the face of page "4" of Exhibit 4 that Mr. Sponaugle participated in preparation of an attorney's affidavit on March 10, 2011. 20. Admitted. 21. Admitted. 22. The averment regarding what constitutes a "substantial benefit" under the Will, particularly in conjunction with the law applicable to undue influence, is a conclusion of law to which no response is required. 23. Denied as stated. While it is admitted that Tammy Neely signed the Will as a witness and, at the time, worked in the same real estate office as Brinda J. Albright, any implication that Tammy Neely therefore was not acquainted with Eleanor is denied. On the contrary, Tammy had met and talked with Eleanor on multiple occasions prior to March 9, 2011. NEW MATTER 24. In March, 2011, Eleanor was fully competent to execute a Will. 25. At all times Eleanor knew the extent of her property and knew the natural objects of her bounty. 26. At no time was Eleanor in a confidential relationship with Brinda J. Albright. 27. At no time did Eleanor suffer a weakened intellect. 28. At no time was Eleanor unduly influenced by Brinda J. Albright. WHEREFORE, Proponents demand that the Notice of Appeal and Petition of Darlene J. Skoloda be dismissed with prejudice, and that the Court award such further and additional relief as maybe appropriate under the circumstances. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Dated: June 7 ~ , 2012 By 1 ~er~.~--X ~~'--- DANIEL L. SULLIVAN Attorney I.D. #34548 SAIDIS, SULLIVAN & ROGERS 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Email: dsullivanna,ssr-attorneys.com Attorneys for Proponents VERIFICATION I, Brinda J. Albright, hereby verify that the statements made in the foregoing Response Of Brinda J. Albright and Casey D. Hamilton in Opposition to Petition of Darlene J. Skoloda for Citation to Shoe 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 are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: a'~ I `a. VERIFICATION I, Casey D. Hamilton, hereby verify that the statements made in the foregoing Response Of Brinda J. Albright and Casey D. Hamilton in Opposition to Petition of Daz-lene. 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 are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: (~ ~~ `~ ~ ~ ~C~i C ey .Hamilton IN RE: ESTATE OF MARY ELEANOR JOHNS a/k/a MARY E. 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 N0.21-11-0851 CERTIFICATE OF SERVICE AND NOW, June 2g , 2012, I, Daniel L. Sullivan, Esquire, hereby certify that I did serve a true and correct copy of the Response Of Brinda J. Albright and Casey D. Hamilton in Opposition to 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 upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Cazlisle, Pennsylvania, addressed as follows: By First Class Mail: David A. Mills, Esquire BLAKEY, YOST, BUPP & BAUSCH, LLP 17 East Mazket Street York, PA 17401 Bambi Skoloda-Neville 728 Old Quaker Road Lewisberry, PA 17339 SAIDIS, SULLIVAN & ROGERS By l ' c ~.5.-~=-- DANIEL L. SULLIVAN Attorney I.D. #34548 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Email: dsullivan(c~ssr-attorne, s Attorneys for Proponents IN RE: ESTATE OF MARY ELEANOR JOHNS a/k/a MARY E. 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 N0.21-11-0851 NOTICE TO PLEAD TO: Darlene J. Skoloda c/o David A. Mills, Esquire BLAKEY, YOST, BUPP & BAUSCH, LLP 17 East Market Street York, PA 17401 You are hereby notified to file a written response to the enclosed New Matter set forth in the Response of Brinda J. Albright and Casey D. Hamilton in Opposition to Notice of Appeal and 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 within twenty (20) days from service hereof or a judgment may be entered against you. SAIDIS, SULLIVAN & ROGERS Date: ~w•. " 2. a ~'t o ~ Z By ~ ~-- S.c~----~ DANIEL L. SULLIVAN Attorney I.D. #34548 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Email: dsullivanna,ssr-attorneys.com Attorneys for Proponents