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Other Fraud | Pennsylvania Eastern
Memorandum and/or Opinion Order
ORDER THAT THE DEFENDANT'S MOTION (ECF 14) IS GRANTED REQUIRING WE: DISMISS WITH PREJUDICE PLAINTIFFS CLAIMS FOR: DECLARATORY JUDGMENT RELATING TO A DISTRIBUTION FROM DEFENDANT'S NON-EXISTENT ESTATE BASED ON AN UNENFORCEABLE 2012 ORAL CONTRACT; A CONSTRUCTIVE TRUST UPON FUNDS PAID BY THE PLEADED IRREVOCABLE TRUST TO DEFENDANT UNDER AN UNJUST ENRICHMENT THEORY; DAMAGES REQUESTED UNDER AN AIDING AND ABETTING THEORY (OTHER THAN FOR THE NON-PARTY TRUSTEE'S ALLEGED NON-PAYMENT OF MANDATORY DISTRIBUTIONS, FRAUD, AND UNJUST ENRICHMENT; DISMISS WITHOUT PREJUDICE PLAINTIFFS CLAIMS: TORTIOUS INTERFERENCE WITH DECEDENT WALTER WEINER'S TESTAMENTARY INTENT BEFORE HIS FEBRUARY 2012 DEATH; AIDING AND ABETTING THE UNNAMED TRUSTEE OF THE IRREVOCABLE TRUST WHEN DECIDING TO NOT PAY MANDATORY DISTRIBUTIONS WITHOUT PLEADED DETAILS OF AN ALLEGED DIRECTION TO THE TRUSTEE; AND, GRANT PLAINTIFF LEAVE TO PLEAD FACTS ALLOWING US TO INFER A PLAUSIBLE COGNIZABLE LEGAL BASIS FOR HER TWO REMAINING CLAIMS THROUGH A SECOND AMENDED COMPLAINT FILED NO LATER THAN AUGUST 25, 2026 OR WE WILL DIRECT THE CLERK OF COURT TO CLOSE THIS CASE SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 8/11/26. 8/11/26 ENTERED AND COPIES E-MAILED.(bw)
Memorandum and/or Opinion
MEMORANDUM AND/OR OPINION. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 8/11/26. 8/11/26 ENTERED AND COPIES E-MAILED.(bw)
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