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In re Estate of Navarra

Superior Court of Pennsylvania

April 6, 2015

IN RE: ESTATE OF FRED H. NAVARRA, SANDRA ROBERTS NAVARRA, BY HER AGENT, CHRYSTIE CLARKE
v.
RICHARD E. NAVARRA, EXECUTOR OF THE ESTATE OF FRED H. NAVARRA AND THE ALLEGHENY GROUP, INC. APPEAL OF: RICHARD E. NAVARRA, Appellant

Submitted January 6, 2015

Appeal from the Order Entered March 10, 2014, of the Court of Common Pleas, Lawrence County, Civil Division, No. 100 of 2012, O.C. Before HODGE, J.

Jonathan Solomon, New Castle, for appellant.

Frank G. Verterano, New Castle, for Sandra Roberts Navarra, appellee.

Stuart E. Savage, Pittsburgh, for Allegeheny Group, appellee.

BEFORE: FORD ELLIOTT, P.J.E., DONOHUE AND ALLEN, JJ.

OPINION

FORD ELLIOTT, JUDGE

Page 830

Appellant, Richard E. Navarra, appeals the granting of a Petition for Declaratory Judgment filed by appellee, Chrystie Clarke. Finding no error, we affirm.

The trial court has accurately summarized the factual background:

On December 30, 1983 Fred Navarra married Sandra Roberts, and she assumed his surname. Following their marriage, Fred and Sandra lived together in their marital home located on Phillips School Road, Wilmington Township, Pennsylvania. Fred and Sandra both

Page 831

had children from prior marriages, and their union created an extensive blended family.[FN1] Over time, Sandra began displaying increasingly aggressive signs of dementia, and Fred suffered physically debilitating symptoms from a severe automobile accident that occurred in 2007. For several years, Fred and Sandra employed in-home caregivers to assist them on a daily basis. On January 29, 2007, Sandra's daughter, Chrystie Clarke (hereinafter, " Clarke" ), was appointed as Sandra's Agent under a durable power of attorney. On May 14, 2007, Nickolas F. Paolini was appointed as Fred's agent under a durable power of attorney. On December 31, 2009, Mr. Paolini and Clarke executed a Stock Purchase Agreement, wherein 160,607 shares of Allegheny Group, Inc. were sold for $2.41 per share. The funds received were intended to pay for costs associated with Fred and Sandra's in home care, and made payable in equal halves to Fred and Clarke, as Sandra's Agent.
[FN1] Richard Navarra (formerly married to Chris Navarra), Linda D'Augostine, JoAnne Navarra and Charlene Navarra are the children of Fred H. Navarra. Chrystie Clark and Brent ...

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