In re Mampe

932 A.2d 954, 2007 Pa. Super. 269, 2007 Pa. Super. LEXIS 2679
CourtSuperior Court of Pennsylvania
DecidedAugust 29, 2007
StatusPublished
Cited by20 cases

This text of 932 A.2d 954 (In re Mampe) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Mampe, 932 A.2d 954, 2007 Pa. Super. 269, 2007 Pa. Super. LEXIS 2679 (Pa. Ct. App. 2007).

Opinion

OPINION BY

POPOVICH, J.:

¶ 1 Appellant Quina Nelling appeals the declaratory judgment entered on January 11, 2007, that declared invalid the May 7, 2002 last will and testament and revocable trust agreement of Cornelia K. Mampe (now deceased), the mother of Appellant, Appellee Louise Patejdl, and Appellee Cir-lot Truncellito. Upon review, we affirm.

¶ 2 The relevant facts of this case were stated by the trial court in its opinion, filed September 7, 2006, as follows:

Cornelia K. Mampe was born on June 13, 1925. She was married three times. Mrs. Mampe’s first marriage was to Council Parker, with whom she had three daughters: [Appellee] Louise Pa-tejdl (called “Whit” by her family members, but referred herein as “Louise”), [Appellant], and [Appellee] Cirlot Trun-cellito (“Cirlot”). Mrs. Mampe did not have children with her subsequent husbands. Her last Husband, Ed Mampe, died in 2001.
On October 23, 1992, Mrs. Mampe executed a will. In the will, each of Mrs. Mampe’s three daughters received an equal share of her estate. On April 8, 1993, Mrs. Mampe executed a codicil to that will, reducing Cirlot’s share of the estate to one-ninth, but adding Cir-lot’s two children each at a one-ninth share. On April 8, 1993, she also signed a Health Care Directive and Power of Attorney appointing [Appellant] as her “Agent” and Attorney-in-fact.
On May 7, 2002, Mrs. Mampe executed a second will, as well as a Revocable Trust Agreement, Power of Attorney, Instrument of Appointment of Trust Fund, and a Health Care Directive. Together, these documents may be referred to as the “2002 documents.” Mrs. Mampe named herself and [Appellant] as Trustees of the Revocable Trust, and she named [Appellant] as her “Agent” under the Power of Attorney. In the 2002 will, Mrs. Mampe bequeathed all of her tangible property to [Appellant], and all the real property and residue of her estate to the Trustee of the Revocable Trust. In the Revocable Trust Agreement, Mrs. Mampe gave 10% of the trust remainder to Louise, with the balance of the trust going to [Appellant]. Mrs. Mampe excluded Cir-lot from receiving anything under the 2002 will and trust.
In 2002, Mrs. Mampe transferred (inter vivos) over $800,000[.00] to [Appellant], including a $222,000[.00] IRA, [957]*957horses, and a $830,000[.00] mortgage on a horse farm in New Jersey (with a 3% interest rate) as well as $137,000[.00] for upkeep of the farm.
Regarding Mrs. Mampe’s living situation, the evidence shows that in September 2001, Mrs. Mampe was admitted to Sunrise Assisted Living facility in West Chester, Pennsylvania, after a car accident. Shortly before her admission, Mrs. Mampe had visited her husband Ed in Christiana Hospital, and, while driving home, she caused a car accident and left the scene. She was found in a confused state and was taken by police to the hospital. The hospital would not allow Mrs. Mampe to return to her home, and she was therefore admitted to Sunrise.[
The Executive Director of Sunrise testified that when Mrs. Mampe was admitted she needed assistance with self-administration of medications and had a slight risk of wandering, however, she continued to do some things for herself. Over time, Mrs. Mampe needed greater supervision and care, and was moved to the dementia unit in 2003. In June of 2003, Mrs. Mampe’s behavior became aggressive and agitated. She was not able to stay at Sunrise after she attacked the staff and residents. Mrs. Mampe was transferred to Brandywine Behavioral Center, and later went to live in an apartment with an aide providing 24-hour care.
During the time that Mrs. Mampe was in assisted living and in her apartment, [Appellant] lived near [Mrs. Mampe] and visited her almost every day. Cirlot lived in Unionville, Pennsylvania, and Louise lived on Long Island, New York. [Appellee] Cirlot’s and [Appellee] Louise’s visits with Mrs. Mampe were not as frequent as [Appellant’s] visits. [Appellee] Cirlot also had serious health problems during this time which prevented her from visiting Mrs. Mampe.
At some point in 2004, [Appellees] Cirlot and Louise learned of the terms of the 2002 will and trust. In August of 2004, they filed the instant Declaratory Judgment action, as well as a Petition seeking to have Mrs. Mampe adjudicated an incapacitated person.
[The trial court] held a hearing on the issue of Mrs. Mampe’s capacity, and by Decree dated April 4, 2005, [it] found her to be an incapacitated person. With the consent of her sisters, [Appellant] was appointed Guardian of Mrs. Mampe’s person and estate.
Sadly, Mrs. Mampe died on October 11, 2005, before any hearings had been held on the Declaratory Judgment petition.

Trial court opinion, 9/7/2006, at 1-4 (citations omitted).

¶ 3 The trial court conducted hearings on the petition for declaratory judgment on October 18, 19, and November 30, 2005. On January 10, 2006, pursuant to the parties’ stipulation, the trial court appointed Appellant administratrix pendente lite of Mrs. Mampe’s estate, with the limited authority to pay the taxes and debts of the Estate and to deposit and collect assets.

¶ 4 By order entered September 7, 2006, the trial court granted Appellees’ petition for declaratory judgment and declared the 2002 will and trust invalid. The trial court authored an opinion in support of its order. Appellant filed a timely notice of appeal on October 4, 2006. The following day, Appellant requested reconsideration of the trial court’s September 7, 2006 order. On October 6, 2006, the trial court expressly granted reconsideration of its September [958]*9587, 2006 order, and Appellant discontinued her notice of appeal. On January 11, 2007, following oral argument and the submission of briefs by the parties, the trial court declared that Mrs. Mampe’s 2002 will and trust were the products of undue influence exercised upon her by Appellant and, therefore, were invalid.

¶ 5 Appellant filed a timely notice of appeal to this Court from the trial court’s January 11, 2007 judgment. Thereafter, the trial court ordered Appellant to file a concise statement of matters complained of on appeal within 14 days of the date of its order. Appellant complied with the order and filed the statement in a timely fashion. The trial court adopted its September 7, 2006 opinion as its response to the issues presented in Appellant’s concise statement.

¶ 6 Appellant presents the following issues for our review:

I. Did the trial court commit an error of law by applying a relaxed standard for undue influence, contrary to controlling authority?
II. Did the trial court err in accepting lay opinions of Mrs. Mampe’s weakened intellect based upon anecdotal evidence without any medical expert testimony concerning her mental state?
III. Did the trial court err in finding that [Mrs. Mampe] had a weakened intellect when the scrivener’s testimony of the lucidity, understanding, and clear and unequivocal intentions of [Mrs. Mampe] was. unrebutted?
IV. Did the trial court err in concluding that [Appellant] had an overmastering influence over [Mrs. Mampe]?

Appellant’s brief, at 4.1

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Bluebook (online)
932 A.2d 954, 2007 Pa. Super. 269, 2007 Pa. Super. LEXIS 2679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mampe-pasuperct-2007.