The public needs a free press to show them how this accounting fraud works. Their signature cover is to divide and conquer the family they victimize. They make it appear as if the family destroyed itself fighting over money. Please understand that they intentionally destroy your family to coverup their accounting.

 

3 Order

17 responses disappear Order




Chief Judge Smith's Order of 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) (Chief Judge Dennis J. Smith)
Judge