Order signed by Chief Judge Smith on January 25, 2013.
17 of my 18 responses to the Complaint disappeared after being received by the Court.
No one recognized it.
IN THE CIRCUIT COURT OF FAIRFAX COUNTY
JEAN MARY O'CONNELL NADER, Plantiff
ANTHONY MINER O'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'Connell, et al.
Case No. 2012-13064
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;
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
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
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
ENTERED this 25th day of January, 2013.
I ASK FOR THIS:
BLANKINGSHIP & KEITH, P. C.·
4020 University Drive .
Fairfax, VA 22030
Elizabeth Chichester Morrogh, VSB No. 25112
Jennifer L. McCammon, VSB No. 77034
Counsel for Plaintiff
A copy teste:
John T. Frey, Clerk
By: ? ? ? ? ? Deputy Clerk
Original retained in the office of
Clerk of the Circuit Court of
Fairfax County, Vlrginia
Seventeen (17 ) of my eighteen (18) responses to the Complaint, weighting 6 lbs 1 oz, USPS El 480187657 US, disappeared after being received by the Court on September 25, 2012, at 10:44 am and signed for by Stephine Walker.
Seventeen Responses Disappear