Seventeen (17) disappear


Seventeen (17) of my eighteen (18) responses received by the Court disappeared after being received by the Court.


Motion

January 28, 2012 (From B&K's Motion dated January 28, 2012)
"5. As of the date of the filing of this Motion, Defendant Sheila O'Connell has been
served with the Complaint and the time period for her to file an answer is pending. Upon
information and belief, Defendant Anthony M. O'Connell has filed a response to the Complaint,
which consisted of a one-page letter directed to the Clerk of Court, and the filing of numerous
documents and records containing his annotations.
"

Order

January 25, 2013 - (From Judge Smith's Order dated January 25, 2013)
"1. The material facts set forth in the Complaint filed by Plaintiff in this action are deemed to be admitted by Defendant Anthony M. O'Connell pursuant to Va. Sup. Ct. Rule 1:4(e);- based on the failure of Defendant Anthony M. O'Connell to deny such facts in the responsive pleading filed by him, entitled "Response to Summons Served on September 8, 2012." . . .
3. Because there are no material facts in dispute in this action
and the facts alleged in the Complaint support the relief requested therein, summary judgment pursuant to Va. Sup. Ct. Rule. 3:20 on all counts alleged in Plaintiff's Complaint is appropriate.


Reference

Motion
September 28, 2012

VIRGINI A:
IN THE CIRCUIT COURT OF FAIRFAX COUNTY
JEAN MARY O'CONNELL NADER,
Plaintiff
ANTHONY MINERO'CONNELL,
Individually and in his capacity as
Trustee under a Land Trust Agreement
Dated October 16, 1992 and as
Trustee under the Last Will and
Testament of Harold A. O'ConnelJ, et al.
Defendants.
Case No. 2012-13064
MOTION FOR TEMPORARY INJUNCTION
COMES NOW the Plaintiff, Jean Mary O'Connell Nader, by counsel, and moves this
Court pursuant to Va. Code § 8.01-629 for a temporary injunction for the purpose of continuing
the term of the Land Trust pending a Final Order in this action. In support of her motion,
Plaintiff states the following.
I. This is an action by which Plaintiff seeks to, inter alia, remove Defendant
Anthony M. O'Connell as trustee under a Land Trust Agreement dated October 16, 1992 (the
"Land Trust"). The beneficiaries under the Land Trust are Plaintiff and her siblings, Defendants
Sheila O'Connell and Anthony M. O'Connell, individually.
2. As alleged in the Complaint, the Land Trust holds title to certain real property
(the "Property") consisting ofapproximately 15 acres located near the Franconia area of Fairfax
County, Virginia.
(page 2 of 3)
3. The terms of the Land Trust Agreement provide for the termination of the trust on
October 16,2012 and, upon the termination date, the trustee is directed to convey record title of
the Property to the beneficiaries or sell the Property at a public sale.
4. A conveyance of the Property to the beneficiaries or a public sale of the Property
before a Final Order has been entered in this case would result in irreparable harm to the
Plaintiff, as a beneficiary of the Land Trust.
5. As of the date of the filing of this Motion, Defendant Sheila O'Connell has been
served with the Complaint and the time period for her to file an answer is pending. Upon
information and belief, Defendant Anthony M. O'Connell has filed a response to the Complaint,
which consisted of a one-page letter directed to the Clerk of Court, and the filing of numerous
documents and records containing his annotations.

6. By his own admission, Defendant Anthony M. O'Connell, as trustee, has not paid
the real estate taxes on the Property or sold the Property, contrary to the terms in the Land Trust
agreement.
7. Under the circumstances, the likelihood of success on the merits and the balance
of equities favor the Plaintiff
8. It is in the public interest to allow the Trust to continue in order for Plaintiff to
pursue a remedy that will allow for the orderly sale of the Property for the benefit of the
beneficiaries ofthe Trust.
WHEREFORE, Plaintiff Jean O'Connell Nader, by counsel, respectfully requests the
entry of an Order as follows:
A. Providing injunctive relief in the form of continuing the term of the Land Trust
until such time as a Final Order has been entered in this case;
(page 3 of 3)
B. Enjoining Anthony M. O'Connell, as trustee under the Land Trust Agreement,
from conveying record title of the Property to the beneficiaries or selling the
Property at a public sale; and
C. For all such further relief as this Court deems reasonable and appropriate.
JEAN MARY O'CONNELL NADER
By Counsel
BLANKINGSHIP & KEITH, P. C.
4020 University Drive
Suite 300
Fairfax, VA 22030
(703) 691-1235
FAX: (703) 691-3913
By:
th Chichester Morrogh
VSB No. 25112
Counselfor Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on this 28th day of September, 2012, a true and correct copy of
the foregoing Motion for Temporary Injunction was sent as follows:
By regular and electronic mail to:
Anthony Miner O'Connell
439 S. Vista Del Rio
Green Valley, AZ 85614
By regular mail to:
Sheila Ann O'Connell
663 Granite Street
Freeport, ME 04032
(seal) Elizbeth Chichester Morrogh
Elizbeth Chichester Morrogh

Order
January 25. 2013

2013.01.25
ORDER
THIS CAUSE eame on.to be heard upon the motion of the Plaintiff, Jean Mary O'Connell Nader, by counsel, for summary judgment pursuant to Va. Sup. Ct. Rule 3:20; upon the reply to the motion filed by Sheila Ann O'Connell, pro se; and upon the argument of counsel; and
IT APPEARING TO THE COURT as follows:
1. The material facts set forth in the Complaint filed by Plaintiff in this action are deemed to be admitted by Defendant Anthony M. O'Connell pursuant to Va. Sup. Ct. Rule 1:4(e);- based on the failure of Defendant Anthony M. O'Connell to deny such facts in the responsive pleading filed by him, entitled "Response to Summons Served on September 8, 2012."
2. In her Answer to the Complaint and Reply to Motion for Summary Judgment, the remaining party-in~interest, Defendant Sheila Aim O'Connell, agrees with the facts set forth in the Complaint and the relief requested by Plaintiff.
3. Because there are no material facts in dispute in this action and the facts alleged in the Complaint support the relief requested therein, summary judgment pursuant to Va. Sup. Ct. Rule. 3:20 on all counts IUleged in Plaintiffs Complaint is appropriate.
IT IS THEREFORE ORDERED:
A. That judgment in favor of Plaintiff Jean Mary O'ConnellNader as to Count lof the Complaint be, and hereby is, granted; that Anthony Miner O'Connell is hereby removed as trustee under the Land Trust Agreement dated October 16, 1992, pursuant to Va. Code § ·64.21405 (formerly Va. Code § 26-48), effective immediately; and that all fees payable to Anthony Minor O'Connell under the terms ofthe Land Trust Agreement, including'but not limited to, the trustee's compensation under paragraph 9~01, and aU interest on advancements by the trustee to . the trust for payment ofreal estate taxes pursuant to paragraph 9.03; are hereby disallowed and deemed forfeited;
B.'That judgment in favor ofPlaintiffJean Mary O'Connell Nader as to Count II of the Complaint be, and hereby is,granted; that Anthony Minor O'Connell is hereby reD;1oved as trustee of the trust created under the Last Will and Testament of Harold A. O'Connell, pursuant to Va. Code § 64.2:-759 (formerly Va. Code § 55-547.06), effective immediately;
C. That judgment in favor ofPlaiIitiffas to Count III ofthe Complaint be, and hereby is, granted; that PlaintiffJean Mary O'Connell Nader is he~by appointed as successor trustee under the Land Trust Agreement and as trustee ofthe trust under the Last Will and Testament ofHarold A. O'Connell; that the term ofthe Land Trust Agreementis hereby continued until further Order of this Court or until the real property held under the Land Trust is
sold and final distribution of the net prbceedsis made to the trust's beneficiaries, whichever occurs first; and that Plaintiff, as successor trustee Under the Land Trust Agreement, shall proceed forthwith to sell the real property held by such trust as soon as reasonably practicable upon such terms and conditions as she deems appropriate and consistent with her fiduciary duties; and
D. That Plaintiff is hereby awarded wonable attorney's fees and costs in this action in the amount of $ l7,504.12, to be paid from the Land Trust at such time as funds become available.
ENTERED this 25th day of January, 2013.
(Seal)
Judge

Comment:

Why do the Motion and Order not recognize, for example, the Trust Deed in 5 of the Trustee's 18 responses?

      • overview62p
      • overview72p
      • trust-deed-invisible175p
      • trust-documents42p
      • unknown14p (First 3 pages)