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HomeMy WebLinkAbout07-17-12~mo ~' W ~- ~~ Z rr; c~c-= ~ off; ~ David A. Mills, Esquire PA 37192 ~._.y 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 a/k/a MARY E. JOHNS 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 DNISION No. 21-11-0851 REPLY OF DARLENE J. SKOLODA TO NEW MATTER OF BRINDA J. ALBRIGHT AND CASEY D. HAMILTON AND NOW, this 12th day of July, 2012, comes Petitioner, Darlene J. Skoloda, by and through counsel, Blakey, Yost, Bupp & Bausch, LLP, who files this Reply to the New Matter of Brinda J. Albright and Casey D. Hamilton, as follows: 24. Denied. Eleanor Johns was not competent to execute a will at all times in March, 2011. 25. Denied. Eleanor Johns did not always know the names of the closest members of her family in March, 2011 and she was persistently confused. 26. Denied. Petitioner, Darlene J. Skoloda, believes that her mother, Eleanor Johns, did 1 ~, ~'~ r~1 i J ~(t `~; v f ~ ~ fl' {~,_ y -~'": _,_' -_~ ~--, ~o -~, ,~1 L not deal on equal terms with Brinda Albright, that her sister, Brinda Albright, influenced Eleanor Johns, and that Eleanor Johns depended on Brinda Albright with whom she was residing when the will was drawn for her to execute. 27. Denied. Petitioner, Darlene J. Skoloda, clear believes that her mother, Eleanor Johns, was weakened, mentally, in 2011. 28. Denied. The allegation is a conclusion of law. To the extent facts are averred in this paragraph, they are denied. Petitioner, Darlene J. Skoloda, clearly believes Brinda Albright unduly influenced Eleanor Johns. WHEREFORE, Petitioner, Darlene J. Skoloda, respectfully requests this Honorable Court to sustain the Appeal from the Decree of the Register of Wills that admitted to probate the document, dated March 9, 2011, and to open the Decree of the Register of Wills 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, Dated: /d~ ~ YOST, BUP & BAUSCH, LLP /~ ~~l Dav~ A. Nl~lls, Esquii~A 37192 ~TEast Market Street York, PA 17401 (717) 845-3674 Attorneys for Petitioner, Darlene J. Skoloda 2 :, Dt~.P..LENE ,.. SKOLC;ll~,, state upon personal kno~,.~ledge; or i:;fo.~nutio:~ ihat I believe to be true, that the facts in the REPLY OF DARLEN-E J. SKOLODA TO NEW MATTER Or BRINDA J. ALBRIGHT AND CASEY D. HAMILTON are true. I ~,.tnderstand that false statements herein are made subject to the criminal penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsificaticn to authorities. Dated: A ` ~,_, ~l ~' DARLENE J.. OLODA CERTIFICATE OF SERVICE I, David A. Mills, Esquire, hereby certify that I have served a true and correct copy of the foregoing REPLY OF DARLENE J. SKOLODA TO NEW MATTER OF BRINDA J. ALBRIGHT AND CASEY D. HAMILTON by depositing a copy of same in the United States Mail, regular delivery, postage prepaid as follows: Daniel L. Sullivan, Esquire Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Dated: /~ ~ ~~~ BLAKEY, YOST, BUPP 8~ BAUSCH, LLP ~~,~ ~i~' l~v_~A.'Mill~, Esquire x_37192 17 East Market Street York, PA 17401 (717) 845-3674 Attorney for Petitioner, Darlene J. Skoloda