Civil Complaint Dismissed which Overlapped with Orphans’ Court Proceeding

Preliminary objections to a second amended complaint against the plaintiff’s brother, individually and as administrator of their father’s estate, were upheld and the complaint dismissed with prejudice when there were erroneous legal conclusions and insufficient factual allegations, and the issues raised in the complaint “substantially overlap” with issues already raised in an Orphans’ Court proceeding involving the same decedent. Vasil v. Vasil, 2 Fid.Rep.4th 265 (Mercer C.D. 2022), aff’d 1367 WDA 2022 (Pa. Super. 1/25/2024), (non-precedential).

[In an earlier decision, the Superior Court affirmed the decision of the Orphans’ Court to deny without a hearing a petition by the same plaintiff to remove his brother as the administrator of the estate. In re: Estate of Michael Vasil, 156 WDA 2021 (Pa. Super. 1/11/2022) (non-precedential).]

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