HomeMy WebLinkAbout08-02-13 IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF
MARY ELEANOR JOHNS
a/k/a o w
MARY E. JOHNS a/k/a/ ORPHANS' COURT DIVISION
MARY JOHNS a/k/a JUDGE PLACEY U) .xai
ELEANOR JOHNS a/k/a �— sa M n, rid,
ELEANOR M. JOHNS, -�� "'
Late of Upper Allen Township: e> cC, _° Q
Deceased No. 21-11-0851 •° c -;`
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UNCONTESTED MOTION TO DISSOLVE 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 Dissolve Injunction:
1. This action involves a will contest filed by the Petitioner/Contestant,Darlene J.
Skoloda, challenging the validity of a will of Mary Eleanor Johns dated March 9,2011 and admitted
to probate on August 4,2011.
2. On June 5, 2012, this Honorable Court,by the Honorable Judge Placey,issued an
Order which,in part, enjoined the Executrix from"exercising any powers granted to her in the
above-captioned matter." A true and correct copy of this Order is attached hereto as Exhibit"A."
3. Following consideration of"Executrix's Uncontested Motion to Modify Injunction"
filed July 13,2012,this Honorable Court issued a subsequent Order dated July 17,2012, also by
the Honorable Judge Placey,which modified the prior injunction,but also prohibited the Executrix
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from making any interim or final distribution of any Estate assets. A true and correct copy of this
Order is attached hereto as Exhibit`B."
4. Following discovery and negotiation,the parties have agreed to a settlement of this
matter and have executed a Settlement Agreement dated July 26, 2013. A true and correct copy of
the executed Settlement Agreement is attached hereto as Exhibit"C."
5. Integral to the parties' settlement is full dissolution of the pending injunction so that
the terms of settlement can be implemented and administration of the Estate can be advanced and
concluded.
6. Petitioner/Contestant,Darlene J. Skoloda, does not contest dissolution of the
pending injunction. See, Settlement Agreement,Exhibit"C"hereto, at paragraph 2.
WHEREFORE,Brinda J. Albright, Executrix of the Estate of Mary Eleanor Johns,
respectfully requests that this Honorable Court grant her Uncontested Motion to Dissolve Injunction
and dissolve the injunction by entry of an Order in the form attached hereto.
Respectfully submitted,
SAIDIS, SULLIVAN & ROGERS
Date:
Daniel L. Sullivan, Esquire
Attorney Id. 34548
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorneys for Executrix
CERTIFICATE OF SERVICE
I hereby certify that on this a".X day of X—T , 2013, a true and correct copy of
the Uncontested Motion to Dissolve Injunction was served upon the parties listed below, via First
Class Mail,postage prepaid, addressed as follows:
David Mills, Esquire
BLAKEY,YOST, BUPP &RAUSCH, LLP
17 East Market Street
York, Pennsylvania 17401
Attorney for Petitioner/Contestant
Bambi Skoloda-Neville
728 Old Quaker Road
Lewisberry, PA 17339
Interested Party
SAIDIS, SULLIVAN & ROGERS
Daniel L. Sullivan, Esquire
Attorney Id. 34548
26 West High Street
Carlisle, PA 17013
717-243-6222
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IN RE:
ESTATE OF MARY ELEANOR JOHNS �
IN THE COURT OF COMMON PLEAS OF
THE NINTH JUDICIAL DISTRICT
NO: 21-11-0851 ORPHAN'S COURT
ORDER OF COURT
AND NOW, this St" 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 (20).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.
Bv th
Thomas . Placey C.P.J.
Distribution List:
David A. Mills, Esq. °
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17 East Market Street °
York, PA 17401 „ c c o
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Martin Y. Sponaugle, Esq.
451 E. Ross Street,
Second Floor
Lancaster, PA 17602
Bambi 3. Skoloda
728 Old Quaker Road
Lewisberry, PA 17339
Casey D. Hamilton
814 Flintlock Ridge Road
Mechanicsburg, PA 17055
IN RE: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ESTATE OF
MARY ELEANOR JOHNS a/l:/a
MARY E. JOHNS a/k/a/ ORPHANS' COURT DIVISION
ELEANOR JOHNS a/k/a R .
ELEANOR M. JOHNS ,
Late of Upper Allen Township C=
Deceased NO. 21-11-0851 :; — -
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ORDER
• AND NOW, this 11TU day of�, 2012, upon consideration of the
Uncontested Motion to Modify Injunction filed by Brinda J. Albright,Executrix of the Estate of
Mary E. Johns, and noting specifically that the Motion is uncontested by Petitioner's counsel, the
injunction reflected in the Order dated June 5, 2012 is modified as follows:
I. That portion of the Order dated June 5, 2012 enjoining Brinda J. Albright from
exercising any powers granted to her in this matter is withdrawn.
2. 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.
BY THE C U T
Placey, J.
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IN RE: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
ESTATE OF
MARY ELEANOR JOHNS a/k/a
MARY E. JOHNS a/k/a : ORPHANS' COURT DIVISION
MARY JOHNS a/k/a
ELEANOR JOHNS a/k/a
ELEANOR M. JOHNS,
Late of Upper Allen Township,
Deceased : No. 21-11-0851
SETTLEMENT AGREEMENT
AND NOW,this Q(o day of July,2013,this Settlement Agreement and Mutual General Release
is entered into by and among Darlene J. Skoloda, Petitioner, Appellant, and Beneficiary (hereinafter
"Skoloda'), Raymond L. Skoloda,her husband, and Bambi Neville, Interested Party(hereinafter referred
to as the "Contestants"), Casey Hamilton, Interested Party and Proponent (hereinafter"Hamilton"), and
Brinda J. Albright, Individually, Beneficiary, Proponent, and Executrix of the Estate of Mary Eleanor
Johns, deceased (hereinafter "Albright"). All of the parties to this Agreement are sometimes collectively
referred to as "the Parties."
RECITALS
The Parties enter into this Settlement Agreement and Mutual General Release to avoid the
continuation of difficult and protracted litigation and to resolve pending disputes among the Parties with
respect to the following facts:
1. Mary Eleanor Johns (hereinafter the "Decedent") died on July 23, 2011, a resident of
Cumberland County, Pennsylvania.
2. On August 4, 2011, The Register of Wills entered an Order for Probate, admitting the
Decedent's Will, dated March 9, 2011 (hereinafter the "Will"), to probate and appointing Albright as
Executor of the Decedent's Estate.
3. Skoloda disputed the validity of the Will (hereinafter the "Contest" or "Appeal") and
Albright and Hamilton contended that the Will is valid,was properly admitted to probate,and denied all of
Skoloda's contentions.
4. The Parties wished to resolve their disputes, entered into mediation,after which the parties
agreed to settle without making any concession as to the validity or invalidity of the Will, and Skoloda
agreed to withdraw the Contest.
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5. Subject to the terms and conditions of this Agreement, the Parties agree to release, waive
and abandon any and all rights, claims, and causes of action which any of them may have against each
other or against the Decedent's estate.
AGREEMENT
NOW,THEREFORE,the Parties agree as follows:
1. Contestants shall file a Praecipe to Mark the Appeal "settled, discontinued, and ended"
upon the successful negotiation of the settlement check to Darlene J. Skoloda for Seventy-Five Thousand
($75,000.00) Dollars, or no later than Thursday, August 15, 2013, delivered by first class mail, postage
pre-paid,to David A.Mills, Esquire at 17 East Market Street,York,Pennsylvania, and will take whatever
additional steps which may be necessary to effect such discontinuance.
2. Contestants agree to not contest the Motion of Albright to dissolve the injunction, which
the Orphans' Court entered by Order on June 5,2012 and modified on July 17,2012, and further agree to
take whatever additional steps are necessary to assure counsel for Executrix that the Agreements of Sale
for the two commercial properties may proceed notwithstanding entry of the court order that dissolves the
injunction. Albright may represent to the Court that the motion is uncontested and may attach this
Settlement Agreement as an exhibit to the motion as an acknowledgement that the motion is uncontested.
3. Contestants agree that, although a Family Settlement Agreement ordinarily contains a
clause similar to, or in substantial form, as follows:
WHEREAS,the said personal representative has gathered the assets of the estate of
the said decedent and the assets consist of both real property and personal property, to a
total value of$ldollar amount of total value], asset forth in Exhibit A,which is a statement
of account of the said personal representative,and which is attached hereto and made a part
hereof, and marked Exhibit A;
the administration of the Estate of Mary Eleanor Johns, deceased, will be completed in accordance with
the Will without their participation as beneficiaries,claimants,contestants,objectors,or interested parties,
as they understand that no Accountant will file a Petition for Adjudication or a First and Final Account for
Audit by the Court Audit Clerk nor will there be any Account of the Administration of this Estate,and they
waive all rights relating thereto and waive any right to know the true nature of the gross probate assets of
the Estate of Mary Eleanor Johns, deceased, her debts, expenses, taxes paid, fees, commissions, changes
in holdings, gains, losses, or other income realized during the administration of this estate and will not
receive any tax form supplement, schedule, or notice to or from any taxing authority relating to the
administration of this estate at any time.
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4. Albright agrees to pay all costs of mediation with Kendra D. McGuire, Esquire, solely,
from assets of the Estate,which costs amount to Six Thousand($6,000.00)Dollars.
5. Albright agrees to produce all original family photographs in boxes, albums,or otherwise,
to Contestants at the front entrance of Panera Bread in Camp Hill at 10:00 a.m.on a day and time of Brinda
Albright's choosing,no later than Thursday,August 15,2013,for a period of sixty(60)days to have either
or both copy or otherwise reproduce and subsequently return to Brinda J.Albright,Executrix of the Estate
of Mary Eleanor Johns, deceased, again at the front entrance of Panera Bread in Camp Hill at loam on a
day and time of Brinda Albright's choosing no less than sixty(60) days after said production.
6. Except with respect to the mutual rights and obligations created by this Agreement, the
Parties, and each of them, agree to and do release and discharge each and every other party from any and
all claims, demands, or causes of action,known or unknown,which each party now owns or holds or has
at any time held against the other, including, specifically, but not exclusively, and without limiting the
generality of the above, any and all claims, demands, or causes of action stated in, arising out of,or in any
way connected with the Decedent's estate proceedings,the Decedent's Will, or any other matter.
7. Each of the Parties acknowledges that they have been advised by their respective attorneys.
8. This Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania. If any provision of this Agreement shall be found to be invalid in any
respect, the validity of the remaining provision shall not be impaired in any way.
9. If any action is brought to enforce this Agreement, the prevailing party shall be entitled to
recover reasonable attorney's fees and other expenses incurred in connection with the action or
proceeding.
10. The Parties declare and represent that prior oral promises made, if any, are no longer
controlling, that this Agreement contains the entire Agreement between and among the Parties and that
this Agreement supersedes and replaces all prior negotiations, proposed agreements, and agreements,
whether oral or written, between and among the Parties with regard to the subject matter of this
Agreement. This Agreement may not be amended in any respect except by a writing duly executed by
authorized representatives of each of the Parties.
11. This Agreement may be executed in one or more counterparts, all of which,taken together,
shall constitute one and the same instrument.
12. This Agreement shall be binding on, and inure to the benefit of,the Parties,their respective
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successors,heirs,devisees,executors,affiliates,representatives,assigns,and agents,wherever the context
requires or.permits.
13. Each person signing this Agreement represents and warrants that he or she has the
authority and capacity to make the releases and promises set forth in this Agrcement and that eachParty is
the owner of and has not assigned or hypothecated any of the claims each has asserted,whether known or
unknown,or which relate in any way to suck?claims:
IN WITNESS V IIEREQF, and intending to be bound legally hereby, the Parties have duly.
executed this Agreement as of the date set forth hereinabove.
Wim s:
Darlene J. Sko da
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and L:Skoloda
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13 mbM Nevillc
Brinda J.Al bright, Individually and as Executrix of
the Estate'of Mary Eleanor Johns, aWa Mary E.
Johns, aWa Mary Johns aWa Eleanor Johns a/k/a
Eleanor M.Johns,deceased
Casey Hamilton
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12. This Agreement shall be binding on, and inure to the benefit of, the Parties, their
respective successors, heirs, devisees, executors, affiliates, representatives, assigns, and agents,
wherever the context requires or permits.
13. Each person signing this Agreement represents and warrants that he or she has the
authority and capacity to make the releases and promises set forth in this Agreement and that each Party
is the owner of and has not assigned or hypothecated any of the claims each has asserted, whether
known or unknown,or which relate in any way to such claims.
IN WITNESS WHEREOF, and intending to be bound legally hereby, the Parties have duly
executed this Agreement as of the date set forth hereinabove.
Witness:
Darlene J. Skoloda
Raymond L. Skoloda
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Bambi Neville
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j B inda J. b ' Individu d as Executrix of
j e ary 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
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Casey Hamilton
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12. This Agreement shall be binding on, and inure to the benefit o£, the Parties, their
respective successors, heirs, devisees, executors, affiliates, representatives, assigns, and agents,
wherever the context requires or permits.
13. Each person signing this Agreement represents and warrants that he or she has the
authority and capacity to make the releases and promises set forth in this Agreement and that each Party
is the owner of and has not assigned or hypothecated any of the claims each has asserted, whether
known or unknown,or which relate in any way to such claims.
IN WrINT ESS WHEREOF, and intending to be bound legally hereby, the Parties have duly
executed this Agreement as of the date set forth hereinabove.
Witness:
Darlene J. Skoloda
Raymond L. Skoloda
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Bambi Neville
Brinda J.Albright, Individually and as Executrix of
the Estate of Mary Eleanor Johns, a4da Mary E.
Johns, a/k/a Mary Johns a/k/a Eleanor Johns a/k/a
Eleanor M. Johns,deceased
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Casey Hamilton
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