In re Estate of Frano

41 Pa. D. & C.4th 513, 1999 Pa. Dist. & Cnty. Dec. LEXIS 199
CourtPennsylvania Court of Common Pleas, Clearfield County
DecidedMarch 10, 1999
Docketno. 95-284
StatusPublished

This text of 41 Pa. D. & C.4th 513 (In re Estate of Frano) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Clearfield County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Estate of Frano, 41 Pa. D. & C.4th 513, 1999 Pa. Dist. & Cnty. Dec. LEXIS 199 (Pa. Super. Ct. 1999).

Opinion

REILLY, P.J.,

The above-captioned matter was initiated in this court by Eagle Environmental L.R on March 19, 1997, by the filing of a petition for order directing co-executors to convey real property pursuant to decedent’s contract. The dispute centers around a renewal of an option to purchase a parcel of real property owned by Mary Frano, decedent. The real property subject to the option agreement consists of approximately 148.79 acres located in Washington Township, Jefferson County, and partially in Sandy Township, Clearfield County.1

[515]*515The co-executors maintain that the option agreement was orally revised before the decedent’s death and Eagle failed to comply with the revision, thus eliminating their obligation to convey the property. Eagle contends that it is entitled to judgment in its favor because of the doctrine of res judicata and/or the co-executors have not carried their burden of proving that the written option agreement was orally modified.

Following argument and briefs thereon, this court does herein grant the motion of Eagle for judgment on the pleadings and for specific performance.

The written agreement which created the option for Eagle to purchase decedent’s real property was entered into on August 2, 1990. The original option agreement between Mary Frano and Eagle stated that, “[t]his agreement shall be binding upon the respective heirs, executors, administrators, successors and, to the extent assignable, on the assigns of the parties hereto, it being expressly understood that buyer shall have the right to transfer or assign this agreement....” Option agreement, paragraph 14, pp. 5-6.2 The option was not exercised by Eagle within the original period. Two subsequent written agreements extended the option periods. The addendum to the option agreement dated January 13, 1995 extended the option period to February 2, 1996 and provided an additional three-month extension if Eagle did not obtain the required permits to operate a sanitary landfill. Eagle had proposed developing a solid waste disposal facility and a rail transfer station [516]*516on the property. On January 8, 1996, approximately eight months after Mary Frano’s death, Eagle attempted to exercise the option. The property was not conveyed due to the co-executors’ belief that Eagle had not taken the necessary steps concerning the surveys, property descriptions, subdivision application and deed preparation before the expiration of the option, and the co-executors sought judicial determination of their rights in Jefferson County.

Because the proceedings in Jefferson County are significant to this case, they will be discussed in detail.3 On August 8,1996, a complaint for declaratory judgment was filed in Jefferson County by the co-executors of the estate of Mary Frano, who are also the named individuals in the Clearfield County matter.4 Eagle Environmental L.P. and Washington Township were the named defendants in the declaratory judgment action. Thereafter, the co-executors filed to remove the case to the United States District Court for the Western District of Pennsylvania. In an order dated January 9,1997, the district court remanded the case to the Court of Common Pleas of Jefferson County.5

Meanwhile, preliminary objections were filed by the co-executors in this court. In an order filed May 5, 1997, the Clearfield County proceeding was stayed pending resolution of the Jefferson County case involving the same parties.

[517]*517In the Jefferson County matter, the co-executors’ complaint requested that the court enter a declaratory judgment stating that the option agreements and subsequent revisions entered into by the parties were terminated.6 In their second amended complaint, the co-executors sought damages against Eagle for breach of contract. Eagle’s answer and counterclaim contained a prayer for specific performance of the option agreements.7 The Court of Common Pleas of Jefferson County, civil division, resolved the matter by granting Eagle’s preliminary objection for legal insufficiency (demurrer) and entering judgment for Eagle.8 Apparently, the co-executors did not appeal, and the parties resumed filing pleadings in the instant matter in March 1997.

The co-executors, who brought the declaratory judgment action in Jefferson County, are now arguing the civil division of that court lacked subject matter jurisdiction. As in the Jefferson County action, their ar[518]*518guments focus on alleged oral modifications and the claim that subdivision of the land will result in leaving them with a lot of substandard size under Washington Township ordinance no. 20.9

The Probate, Estates and Fiduciaries Code, 20 Pa.C.S. §101 et seq., sets forth the jurisdiction of the orphans’ court division of the court of common pleas. Specifically, the orphans’ court division is vested with mandatory jurisdiction over matters concerning the administration and distribution of a decedent’s real property and specific performance of an agreement made by a decedent to purchase or sell real property. 20 Pa.C.S. §§711(1) and (13). Where the matter before the court raises substantial questions concerning matters enumerated in section 711 as well as matters not enumerated in that section, the court of common pleas may exercise jurisdiction through either its orphans’ court division or other appropriate division. 20 Pa.C.S. §712(3).

The divisions of the court of common pleas are administrative units and each unit possesses full jurisdiction of the whole court. 42 Pa.C.S. §952. In Baskin & Sears v. Edward J. Boyle Co., 506 Pa. 62, 483 A.2d 1365 (1984), the Supreme Court of the Commonwealth of Pennsylvania stated the following: “[ajbsent a general rule which allocates these matters to a particular division of the court, an administrative judge of one division does not have the authority to refuse to exercise jurisdiction over a matter which is properly before the court. Nor may section 712 reasonably be interpreted to create such authority. The commentary to section [519]*519712 indicates that subsection (3) was . . intended to avoid multiple actions in different divisions in a case involving two or more questions, one of which would ordinarily be decided by the orphans’ court division and the other by the trial or family division.’ ” Id. at 67, 483 A.2d at 1367.

The Declaratory Judgment Act, 42 Pa.C.S. §§7531-7541, is broad in scope and provides that the construction of documents, including written contracts, may be the proper subjects of an action for declaratory judgment. New London Oil Co. Inc. v. Ziegler, 336 Pa. Super. 380, 485 A.2d 1131 (1984). Further, “[cjourts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed.” 42 Pa.C.S. §7532.

The doctrine of res judicata operates to preclude future suits between the same parties on the same claims after a final judgment has been rendered by a court of competent jurisdiction on the merits. Dempsey v. Cessna Aircraft Co., 439 Pa. Super.

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Bluebook (online)
41 Pa. D. & C.4th 513, 1999 Pa. Dist. & Cnty. Dec. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-frano-pactcomplclearf-1999.