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Home My WebLink About07-13-12Daniel L. Sullivan, Esquire Attorney 1. D. No. 34548 SAIDIS, SULLIVAN & ROGERS 26 West High Street Carlisle, PA 17013 Phone: (717J 243-6222 Email: dsullivan@ssr-attorne s.com IN RE: ESTATE OF MARY ELEANOR JOHNS a/k/a MARY E. JOHNS a/k/aJ ELEANOR JOHNS a/k/a ELEANOR M. JOHNS , Late of Upper Allen Township Deceased h,~ r~ fV ~ C r1 ~7 t ~ -v _ C t _ :~ . C~ ._ ` 1."' C. L7 C rC7 ~ r - ~-'-? . . L _~ _._ ~ ~ ` G^ - . W r- ~ - % ^~ O :"= rn ~` Atto nr ey for Exeu'~itrix ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-11-0851 UNCONTESTED MOTION TO MODIFY INJUNCTION AND NOW, comes Brinda J. Albright, Executrix of the Estate of Mary Eleanor Johns, by her attorneys, Saidis, Sullivan & Rogers, and files this Uncontested Motion to Modify Injunction: 1. On August 4, 2011 the Last Will and Testament of Mary Eleanor Johns ("Decedent") dated March 9, 2011 was admitted to probate and letters testamentary granted to Brinda J. Albright ("Brinda"), Decedent's daughter, in accordance with the directions of Decedent's will. 2. Brinda's sister, Darlene J. Skoloda, filed a Notice of Appeal dated May 24, 2012 and a Petition for Citation to Show Cause Why the Appeal from the Decree of Register Admitting Will to Probate Should Not Be Sustained to Permit the Register to Receive and Act Upon an Earlier Will dated May 23, 2012; on June 5, 2012, this Honorable Court, by the Honorable Judge Placey, issued an Order which, in part, required interested persons to show cause why the relief requested by Darlene Skoloda should not be granted. A true and correct copy of this Order is attached hereto as Exhibit "A." 3. Of significance to this Motion, however, the Order further provided, "In the interim, Brinda J. Albright is ENJOINED from exercising any powers granted to her in the above-captioned matter." 4. As Executrix of her mother's estate, Brinda is charged by law and is required, among other things, to "take possession of, maintain and administer all the real and personal estate of the decedent..." 20 Pa.C.S.A. §3311. 5. Further, Brinda is charged by law and required to "collect the rents and income from each asset in [her] possession until it is sold or distributed, and, during the administration of the estate... shall make all reasonable expenditures necessary to preserve it." 20 Pa.C.S.A. §3311. 6. In leer Petition, Darlene Skoloda did not seek the relief of enjoining Brinda from exercising powers as Executrix. 7. In fact, no averments are made in the Petition, and no threat of irreparable harm has even been alleged, which would support the entry of any injunctive relief. 8. The practical effect of the injunction is that the position of personal representative of the Estate is vacant, and no one has power to undertake actions which may be necessary to administer the Estate, or to take those actions which may be necessary from time to time to preserve and maintain Estate assets. 9. The Estate includes, among other items, several parcels of real property which require known and foreseeable regular upkeep and maintenance, including cutting the grass and other yard work, paying taxes, maintaining appropriate insurance coverage, receiving and depositing rent payments, paying utilities, etc. The exact nature of what may arise over time which would require action by Brinda to maintain and preserve the assets of the Estate, particularly the real property, cannot be determined or predicted. 10. The injunction entered in this case will interfere with the orderly administration of the Estate and potentially jeopardize Estate assets. 11. Despite there being no reason for entry of ~ injunctive relief, Brinda agrees that, as Executrix, she will not make any interim or final distribution of Estate assets until such time as the validity of the March 9, 2011, Will is finally determined. 12. Counsel for Petitioner, David Mills, Esquire, has been contacted regarding the contents of this Motion. Mr. Mills advised that while he is not admitting the truth or accuracy of the contents hereof, he does not contest modification of the injunction as requested herein. A copy of a letter from Mr. Mills dated June 26, 2012 is attached hereto at his request as Exhibit «B „ WHEREFORE, Brinda Albright respectfully requests that the injunction issued by the Court by Order dated June 5, 2012 be modified in the manner set for the below: Brinda J. Albright as personal representative may exercise all :powers and undertake such action as necessary and appropriate to take possession of, maintain, and administer all of the real and personal property of the Decedent in fulfillment of her duties under 20 Pa.C.S.A.§3311. Brinda J. Albright shall not make any interim or final distribution of any Estate assets until such time as the validity of the March 9, 2011, will admitted to probate is finally determined. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Dated: July ~ 3 , 2012 By ~ ~-~' DANIEL L. SULLIVAN Attorney I.D. #34548 SAIDIS, SULLIVAN & ROGERS 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Email: dsullivan!a~ssr-attoi7ieys.com Attorneys for Executrix VERIFICATION I, Brinda J. Albright, verify and state that the facts set forth in the foregoing document are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A.§4904 relating to unsworn falsification to authorities. Dated: '~ ` 1l ~ I Z IN RE: ESTATE OF MARY ELEANOR JOHNS ~~~~n~~M~p~ IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT N0. Z1-11-0851 ORPHAN'S COURT ORDER OF COURT AND NOW, this 5t" day of June 2012, Darlene J. Skolada having filed an appeal from the grant of letters in the above-captioned case to Brinda J. Albright, IT IS ORDERED that the Register shall cite all parties in interest, whether beneficiaries under the will or heirs at law, to show cause why the appeal should not be sustained. The respondents shall have twenty (20) days after service of the citation in which to file an answer and petitioner shall have twenty (ZO) days thereafter in which to file a reply. When the case is at issue, Petitioner shall seek a hearing before the undersigned judge. In the interim, Brinda J. Albright is ENJOINED from exercising any powers granted to her in the above-captioned matter. B th Thomas . Placey C.P.J. Distribution List: - - David A. Mills Esq. c~ C ~ Wiz; N ~ s ~_ fir: , 17 East Market Street r ` ,- ~'`~- ' - - --, ! York, PA 17401 ~ z~~ l ' ^' ~ ~. ~~ ~ _ o ~.' ~_.. ~ /~ l._~ y "~ ,~ A ~ r ~J ~n ~ Martin Y. Sponaugle, Esq. 451 E. Ross Street, Second Floor Lancaster, PA 17602 Bambi J. Skoloda 728 Old Quaker Road Lewisberry, PA 17339 Casey D. Hamilton 814 Flintlock Ridge Road Mechanicsburg, PA 17055 Donald L'. Flov retired R<~usc:1~ 'nsn'ls A ~ . ~ t3rA(~~81' .I. v°t7L'1. t)Una~d ]1. ~ t)Sl ~) IVICi ~ tVtlttS Jolrra J, is u~mski. Ir. r~lbecr Ci. 131~a1:ey Nic~ic iv1. ~.:hrhart ~- {l~129 - 2012) David l~'m. Bup~~ Rfake°, Yas;, Gupn ~ Rausd~, LLP ' r ] ~?3S-2t)1 Uj Altnrneys at Law f Une 2(?, 2~ 12 Daniel L. Sullivan, Esquire SAIDIS, SULLI`~'AN & ROGEKS 2b West High Street Carlisle, PA ??OI3 PE: Estate of Mary Eleanor Johns, Deceased Court of Common Yleas, Cumberfand Count~~, PA Rebister No. 21-11-851 My File No. L342-1 Dear Mr. Sullivan: In response to your request this morning, I am confirming fha! I have no problem with the continued actions of Brinda a. Albright, Executrix of the Estate of Mary Eleanor .iohns, deceased as to the ministerial actions that you mentioned. including: l . Getting the grass cut; ~. Naving a plumber ftx a leaky pipe; 3. Paying the tax bills; and 4. Paying the insurance premiums on the property of the decedent. I am opposed to a general dissolution of the Order that enjoins Brinda J. Albright from exercising any powers granted to her in this matter, as I want no disposition o:~ transfer of assets pending the resolution of this matter. Please send me the Inventory and the Inheritance Tax Return that establish the value of the estate assets, Thank you for your time and attention to this matter. cc: Darlene Skoloda William B. Anstine, Esquire C~:Icbrt~dnt; C)vcr 30 'r'ears o 1sce11ena BUPP ~: RAUSC;H, LLP 17 F_,ast Market Stret;t, Yo~•k J'1a 1 740 i 717-~4~-3(,74 Fax 717-~i4-7~>'3~~ `~~isit our website at ww~t ,i~lal:eyvost.cc~i~~ 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 NO. 21-11-0851 CERTIFICATE OF SERVICE AND NOW, July t3 , 2012, I, Daniel L. Sullivan, Esquire, hereby certify that I did serve a true and correct copy of the Uncontested Motion to Modify Injunction upon all counsel of record and interested parties by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First Class Mail: David A. Mills, Esquire BLAKEY, YOST, BUPP & BAUSCH, LLP 17 East Market Street York, PA 17401 Bambie Skoloda-Neville 728 Old Quaker Road Lewisberry, PA 17339 SAIDIS, SULLIVAN & ROGERS By ~-,..~..- l ~ ~-~--`-- DANIEL L. SULLIVAN Attorney I.D. #34548 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Email: dsullivan c~~ssr-attornevs.com Attorneys for Executrix