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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37 ESTATE OF CHICKEE YOFFE, : IN THE SUPERIOR COURT OF DECEASED : PENNSYLVANIA : : APPEAL OF: LORI YOFFE : : No. 690 EDA 2025 Appeal from the Order Entered February 4, 2025 In the Court of Common Pleas of Montgomery County Orphans' Court at No(s): 2022-X2610

BEFORE: BOWES, J., NICHOLS, J., and BECK, J.

MEMORANDUM BY BOWES, J.: FILED NOVEMBER 21, 2025 Lori Yoffe appeals the order that granted the motion for judgment on the pleadings filed by her siblings Seth Yoffe and Eve Rosen and dismissed her petition against them alleging claims of breach of contract, breach of fiduciary duty, and unjust enrichment. We affirm.

Lori, Seth, and Eve, along with their brother, Josh Yoffe, are the four children of Chickee Yoffe, who died in June 2022.1 Chickee had been adjudicated to be a totally incapacitated person in December 2018. The court appointed Eve as guardian of her person, while Josh served as guardian of her estate and trustee of her revocable living trust. In early 2021, Lori sued her siblings raising challenges to their stewardship and the hospice care Chickee was receiving. Josh responded by filing a petition seeking approval for the ____________________________________________

1 For ease of discussion, since most of the individuals involved have the same surname, we refer to them solely by their first names after their initial identification.

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payment of his attorney fees to defend the Florida action, as well as for them to ultimately be assessed against Lori personally.

The parties resolved their disputes by way of a December 2021 Settlement Agreement. Pursuant thereto, Lori and Josh each agreed to dismiss their pending actions. Josh and Eve acquiesced to finding a new hospice facility for Chickee and to ensuring that Lori’s visitation would be curtailed only by generally-applicable restrictions. Additionally, Josh was to terminate the trust, and, in his role as guardian, satisfy a questionable mortgage from Chickee to Lori, Eve, and Seth that, despite a prior title search, was only discovered after the trust sold the property in question.

Pertinent to this appeal, Lori assented to the following release provision: Except for any claims relating to a breach of the terms contained in this Settlement Agreement, Lori, for herself and her assigns, successors-in-interest, predecessors-in-interest, attorneys, representatives, and agents (collectively, the “Lori Releasors’’) hereby releases and discharges all claims, debts, demands, causes of action, suits, damages, obligations, costs, fees, losses, expenses, compensation, and liabilities whatsoever, at law or in equity, known or unknown, asserted or unasserted, contingent or accrued, discovered or undiscovered, which occurred or existed at any time from the beginning of time to the date of the execution of this Agreement by all parties, that the Lori Releasors have or could have asserted against Josh, Eve, or Seth individually, Josh in his capacity as guardian of the estate or trustee of the trust, or Eve in her capacity as guardian of the person (the “Josh/Eve/Seth Parties”), or the Josh/Eve/Seth Parties’ spouses, children, assigns, successors-in-interest, predecessors-in-interest, attorneys, representatives, and agents (the “Josh/Eve/Seth Released Parties”). In connection with this Release, the Lori Releasors expressly acknowledge that they have received all necessary disclosures and financial information pertaining to the trust and guardianship estate to evaluate and enter into this release.

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Settlement Agreement at ¶ 3 (emphases added, some capitalization altered). 2 Josh, Eve, and Seth reciprocally released claims against Lori. Id. at ¶ 4.

After Chickee’s death, Josh submitted her October 22, 2014 will for probate and petitioned for letters testamentary, which the register of wills granted. On April 27, 2023, Josh filed an account and a petition for adjudication. In the latter, he sought approval of the Settlement Agreement and its provision for the termination of the trust and confirmation that Chickee’s estate would be distributed in equal shares to her four children, as the trust had provided. He also asked the court to determine the applicability of a November 14, 1998 handwritten letter from Chickee that Lori’s counsel forwarded to Josh’s counsel. The letter, addressed to the four children collectively, stated: On 11-9-98 I gave Eve $75,000 to invest in the Vanguard Index Fund S&P 500. I asked her to give Seth 1/2 of it to do the same.

Seth on 11-14-98 asked me to put it in writing so there would be no question on Josh’s & Lori’s mind of the amount & my wishes.

I have asked Eve & Seth to split it 4 ways equally when I go in my cutesy little dress & Chanel #5.

I love you, Mom Chickee Yoffe Petition for Adjudication, 4/27/23, at 15 (pursuant to the court’s pagination).

____________________________________________

2 The Settlement Agreement is found within the certified record in Seth and Eve’s Answer With New Matter, 11/14/24, at Exhibit A.

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While Lori took the position that the letter was a codicil to the will, Josh disagreed, citing the fact that it was written years before the will and not mentioned therein. Id. Josh further observed that the assets, if they had been transferred, which no evidence suggested had occurred, were not subject to probate and constituted a completed gift that could not be altered after the transfer. Id. Lori filed a response agreeing that the 1998 letter did not raise a probate issue, and that the court should “instead leave that issue to be addressed by an appropriate court if Lori chooses to file a separate action related to the letter.” Objections, 7/2/23, at 3 (some capitalization altered).

Lori indeed elected to file a separate action, doing so in the civil division of the Montgomery County Court of Common Pleas. That court transferred the matter to the orphans’ court division with directions that Lori file a petition at the above-captioned docket. She did so on October 31, 2024, pleading the aforementioned claims and demanding that Eve and Seth account for the invested funds from 1998 to the present, and pay her 25% plus interest, costs, and attorney fees.

Eve and Seth filed a response raising, inter alia, the affirmative defense of release, asserting that Lori’s claims were barred by the Settlement Agreement. Lori did not deny the validity of the Agreement, but countered that she had released only existing claims, not any that arose after the date of the Agreement. Eve and Seth moved for judgment on the pleadings, maintaining that Lori released any claims related to the 1998 letter. The

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orphans’ court agreed, granted the motion, and dismissed Lori’s petition with prejudice.

This timely appeal followed. Both Lori and the orphans’ court complied with their respective Pa.R.A.P. 1925 obligations. Lori presents us with the following questions: (1) “Did the orphans’ court err in determining that no genuine issue of fact existed and granting judgment on the pleadings?” and (2) “Did the orphans’ court err in determining that the 2021 Settlement Agreement constituted a release of the claims asserted in [Lori’s] petition?”

Lori’s brief at 2.

The following principles govern our consideration of these issues: Our standard of review of the trial court’s grant of judgment on the pleadings is de novo and our scope of review is plenary.

Judgment on the pleadings is properly entered where the pleadings and documents admitted in the pleadings establish that there are no disputed issues of fact and that the defendant is entitled to judgment as a matter of law, or where accepting the well-pleaded factual averments of the plaintiff’s complaint as true, the defendant is entitled to judgment as a matter of law.

Mut. Benefit Ins. Co. v. Koser, 318 A.3d 937, 940–41 (Pa.Super. 2024) (cleaned up). The tenets of contract law govern interpreting and applying the terms of settlement agreements. When the writing contains an integration clause, parol evidence is not admissible to avoid the clear and unambiguous language of the agreement in the absence of allegations that a term was omitted due to fraud, accident, or mistake. See, e.g., Yocca v. Pittsburgh Steelers Sports, Inc., 854 A.2d 425, 437 (Pa. 2004). Where a matter turns upon the construction of a written contract, a determination by the court on a -5- J-S33013-25

motion for judgment on the pleadings is proper. See Sch. Express, Inc. v. Upper Adams Sch. Dist., 303 A.3d 186, 198 (Pa.Cmwlth. 2023) (citing DiAndrea v. Reliance Savings & Loan Association, 456 A.2d 1066, 1071 (Pa.Super. 1983)).

Upon review of the applicable law, the parties’ briefs, and the certified record, we agree with the ruling of the orphans’ court that the instant claims are barred by the 2021 Settlement Agreement, and we affirm the dismissal of Lori’s petition on the basis of the well-reasoned opinion that Honorable Lois E.

Murphy entered on May 5, 2025.

Specifically, viewing the allegations of the pleadings in the light most favorable to Lori, the orphans’ court properly construed the unambiguous language of the Settlement Agreement as broadly releasing any and all claims, known and unknown, that existed at the time the agreement was reached, including not only those that had accrued against Eve and Seth, but also contingent claims those that might accrue in the future. See Orphans’ Court Opinion, 5/5/25, at 4-5. Since Lori executed a fully-integrated contract, she cannot create an issue of fact by asserting that parol evidence would show that her understanding of the scope of the release was different than what the language of the instrument provides. Id. at 6. Lori further acknowledged in the Settlement Agreement that she had received all pertinent information about Chickee’s finances, and failed to plead facts suggesting her assent had been procured by accident, mistake, or fraud. Id. at 4.

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For these reasons, there was no viable avenue for Lori to obtain the relief she requested. Accord Yocca, 854 A.2d at 438. Therefore, we conclude that the orphans’ court properly granted the motion for judgment on the pleadings and dismissed her petition, and affirm its order on the basis of its May 5, 2025 opinion, which the parties shall attach hereto in the event of further proceedings.

Order affirmed.

Date: 11/21/2025

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THE COURT IN THE COURT OF OF COMMON COMMON PLEAS PLEAS MONTGOMERY MONTGOMERY COUNTY, COUNTY, PENNSYLVANIA PENNSYLVANIA ORPHANS' COURT DIVISION ORPHANS' COURT DIVISION 2022-X2610 2022-X2610 EDA EDA2025 2025 IN IN RE: RE: ESTATE ESTATE OF OF CHICKEE CHICKEE YOFFE, YOFFE, DECEASED DECEASED 1925(a) 1925(a) OPINION OPINION Murphy, Murphy, A.J.

A.J. May 5,5, 2025 May 2025 lL.I.

I. INTRODUCTION INTRODUCTION Petitioner, Lori Petitioner, Lori Yoffe, Yoffe, appeals appeals toto the the Superior Superior Court Court from this this Court’s Court's Order Order dated dated February 4,4, 2025, February 2025, granting Respondents, Eve granting Respondents, Eve Rosen Rosen and and Seth Seth Yoffe’s Yoffe's Motion Motion for for Judgment on Judgment on the the and Pleadings and the Pleadings denying Lori’s and denying Lori's Petition Lori's Petition for Petition for for damages. For damages. For including follow, including that follow, reasons that the reasons For the the reasons that follow, including those set those set forth forth inin its its February February 2025 Order, February 4,4, 2025 Order, incorporated herein, most incorporated herein, most significant ofwhich significant of which isis Case# 2022-X2610-25. 2.1.3 Received at Montgomery County Register of Wills Office on 05/05/2025 4:11 PM, Fee

Lori’s release and Lori's release and waiver waiver of of any and all any and all claims claims by by virtue ofher virtue of ofthe execution of her execution the 2021 Settlement 2021 Settlement Agreement, asas well Agreement, Agreement, well asas her her failure failure toto assert assert meritorious meritorious issues issues for for review, review, the the Court’s Court's Order Order should should be be affirmed. affirmed.

Il.

II. STATEMENT STATEMENT OF OF THE THE CASE CASE The The parties parties toto the the instant instant proceeding proceeding share sharea a history history ofofprotracted protracted litigation litigation via via related related guardianship, trust, and guardianship, trust, and power power ofofattorney attorney actions nearly 88 years spanning nearly actions spanning years over over two two states. states. All All ofof the underlying the litigation isis fairly underlying litigation attributed toto Lori’s fairly attributed Lori's tenacious tenacious and and unreasonable unreasonable pursuit pursuit pursuit ofof meritless meritless claims. claims.

On On October On October 31, October 31, 2024, 31, 2024, Lori 2024, Lori Lori filed Petition filed aaa Petition filed for Petition for damages for damages asserting damages asserting causes ofof causes asserting causes action ofaction for action for for Breach Breach ofContract, Breach ofof Contract, Breach Breach ofof Contract, Breach Fiduciary ofFiduciary Duty, Fiduciary Duty, and Duty, and Unjust and Unjust Enrichment Unjust Enrichment from aaaNovember arising from Enrichment arising arising from November November 14, 14, 1998 14, 1998 letter 1998 letter ("1998 letter (“1998 Letter") ("1998 Letter”) written Letter") written by writtenby Decedent.' byDecedent.! The Decedent.' The 1998 The 1998 Letter 1998 Letter states asas states Letter states follows: as follows: follows: To To my my 444 Wonderful To my Wonderful Children: Wonderful Children: Children: ' 11 Decedent, Decedent, Chickee Decedent, ChickeeYoffe, Chickee Yoffe,died Yoffe, diedonon died onJune June30, June 30,2022.

30, 2022.

2022. documents.

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On On 11-9-1998 11-9-1998 I gave gave Eve Eve $75,000 $75,000 to invest invest in the Vanguard Index the Vanguard Index Fund Fund S&P S&P 500.

500.

I asked asked her her to give Seth½ give Seth % of of it to do do the the same. Seth on same. Seth on 11-14-1998 11-14-1998 asked asked meme to put put it in writing writing so there there would would bebe no no question on Josh's, question on Josh’s, Lori's Lori’s mind of the mind of the amount amount & my my wishes. wishes. I have have asked asked Eve Eve & Seth split it 44 ways Seth to split ways when when I gogo in my my cutesy cutesy little dress dress & Chanel Chanel #5. #5.

II love love you, you, mom mom Chickee Chickee Yoffe. offe.

On On November November 14, 14, 2024, 2024, Respondents Respondents filed filed an an Answer Answer and and New New Matter, Matter, asserting asserting a variety variety of of affirmative affinnative defenses defenses including, including, but but not not limited limited to release, res judicata, release, res res judicata, law of judicata, of the the case, case, collateral collateral estoppel, estoppel, statute statute of of limitations limitations and and laches. laches. More More specifically, specifically, Respondents Respondents alleged alleged in their New their New Matter Matter that, that, by by virtue virtue of of her her execution execution of of aa December December 22, 22, 2021 2021 Settlement Settlement Agreement Agreement (“2021 ("2021 Settlement Settlement Agreement”) Agreement") including including a Release, Release, Lori Lori expressly expressly released released the the claim alleged alleged in her Petition. InIn her her Petition. her Answer Answer to Respondents’ Respondents' New New Matter, Matter, Lori Lori admitted admitted executing executing the the 2021 2021 Case# 2022-X2610-25. 2.1.3 Received at Montgomery County Register of Wills Office on 05/05/2025 4:11 PM, Fee

Settlement Settlement Agreement, Agreement, which which stated stated in relevant relevant part: part: Release of Release of Seth, Seth, Josh Josh and and Eve Eve by Lori. by Lori.

Except Except forfor any any claims claims relating relating to a breach breach ofof the the terms terms contained contained in this this Settlement Settlement Agreement, Agreement, Lori Lori [Yoffe], [Yoffe], for for herself herself and and her her assigns, assigns, successors-in- successors-in- interest, interest, predecessors-in-interest, predecessors-in-interest, attorneys, attorneys, representatives representatives and and agents agents (collectively collectively the the “Lori "Lori Releasors”) Releasors") hereby hereby releases releases andand discharges discharges all all claims, claims, debts, debts, demands, demands, causes causes of of action, action, suits, suits, damages, damages, obligations, obligations, costs, costs, fees, fees, losses, losses, expenses, expenses, compensation compensation and and liabilities liabilities whatsoever, whatsoever, atat law law or or in equity, equity, known known or or unknown, unknown, asserted asserted oror unasserted, unasserted, contingent contingent or or accrued, accrued, discovered discovered or or undiscovered, undiscovered, which which occurred occurred oror existed existed atat any any time time from thethe beginning beginning of of time time to the the date date of of execution execution of of this this Agreement Agreement by by all all parties, parties, that that the the Lori Lori Releasors Releasers have have or could have asserted against Josh, Eve or Seth individually .... or could have asserted against Josh, Eve or Seth individually ....

[2021 [2021 Settlement Agreement, p.p. 5,5,1 Settlement Agreement, ,r| 33 (Release)]. (Release)].

Based Based upon upon the the aforementioned aforementioned release, release, Respondents Respondents filed filed aa Motion Motion for for Judgment Judgment on on the the Pleadings on Pleadings on January January 3,3, 2025.

2025. InIn response, Lori filed response, Lori filed aa Memorandum Memorandum of of Law Law inin Opposition Opposition on on January 23, January 23, 2024.

2024. By Order dated By Order dated February February 4,4, 2025, 2025, and and after after review review of of the the underlying underlying record record

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which which aptly aptly demonstrated demonstrated no no genuine genuine issues issues of of material fact, this material fact, this Court Court granted granted Respondents' Respondents’ Motion, Motion, and and denied denied Lori’s Lori's Petition Petition concluding concluding as as follows: follows: The The 2021 2021 Agreement Agreement executed executed by by Lori Lori Yoffe, Seth Yoffe, Yoffe, Seth Josh Yoffe, offe, Josh Yoffe, and and Eve Eve Rosen Rosen is binding binding on on all all of of the the parties parties to the the Agreement and is enforceable.

Agreement and enforceable.

Specifically, by the Specifically, by the express express language language of of the the 2021 2021 Agreement, Agreement, Lori has released Lori has released and and waived waived any any and and all all claims claims she she could could have have asserted asserted against against any any of of her her siblings, siblings, Eve, Eve, Seth Seth and/or and/or Josh, Josh, individually, individually, whether whether such such claim was was “known "known or or unknown, unknown, asserted asserted or or unasserted, unasserted, contingent contingent or or accrued, accrued, discovered discovered or or undiscovered.” undiscovered." Because Because the the claims claims asserted asserted in Lori Lori Yoffe’s Yoffe's Petition Petition against against Seth Yoffe and Seth Yoffe Yoffe and Eve Eve | Rosen, Rosen, individually, individually, were were contingent contingent claims claims atat the the time time she she executed executed the the 2021 2021 Agreement, Agreement, they they are are barred barred by by her her release release therein. therein.

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[Order, [Order, atat p.p. 7 (2/4/25)]. (2/4/25)].

On On March March 4,4, 2025, 2025, Lori Lori filed filed a Notice Notice of of Appeal Appeal of of the the Court’s Court's above-referenced above-referenced February February 4,4, 2025 2025 Order.* Order.2 In response response toto the the Court’s Court's Pa. Pa. R.A.P. R.A.P. 1925(b) 1925(b) request, request, Lori Lori filed filed a Statement Statement asserting asserting essentially essentially that: that: 1.1. Genuine Genuine issues issues of of material material fact fact precluded precluded entry entry of ofjudgment; judgment; and and 2.2. Lori’s Lori's execution execution of of the the 2021 2021 Settlement Settlement Agreement Agreement did did not not release release and and waive waive her her underlying underlying claim against against Respondents.

Respondents.

III.

I. DISCUSSION DISCUSSION The Court’s The Court's February February 4,4, 2025 2025 Order Order Granting Granting Respondents’ Motion for Respondents' Motion for Judgment Judgment on on thethe Pleadings Pleadings Should Should be be Affirmed.

Affirmed.

By virtue By virtue of ofher her execution execution of of the the 2021 2021 Settlement Settlement Agreement and express Agreement and release therein express release therein Lori Lori waived waived and and released released any any and and all all claims claims against against Respondents.

Respondents. This This Court’s Court's Order Order granting granting

*Lori Lori failed failed toto serve serve her her Notice Notice ofofAppeal Appeal upon upon the the undersigned. undersigned. See See Pa. Pa. R.A.P. R.A.P. 906(a)(2) 906(a)2) (requiring 906(a)(2) (requiring service service and and proofthereof proof thereofupon the undersigned). upon the undersigned).

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Respondents’ Motion for Respondents' Motion for Judgment on the Judgment on the Pleadings Pleadings and and denying Lori's Petition denying Lori’s with prejudice Petition with prejudice was, therefore, was, therefore, appropriate and should appropriate and should be be affirmed. affinned.

Pursuant to Pa. Pursuant Pa. O.C.

O.C. Rule Rule 7.2 “[a]fter the relevant "[a]fter the relevant pleadings closed, but are closed, pleadings are but within within such such time not toto unreasonably time asas not hearing, any the hearing, delay the unreasonably delay party may any party may move for judgment move for judgment on on the the pleadings. The pleadings. Court shall The Court shall enter enter such such judgment or order judgment or order asas shall shall be be proper on the proper on the pleadings.” pleadings." See also See also Pa. Pa. R.C.P. R.C.P. 1034.

1034.

When reviewing When reviewing a decision decision granting judgment on granting judgment on the the pleadings, this Court pleadings, this Court must must accept accept asas true true all all well-pleaded well-pleaded statements statements of of fact, fact, admissions admissions andand any any documents documents properly properly attached attached toto the the pleadings pleadings presented presented by by the the party party against against whom whom the the motion isis filed. motion filed. Judgment Judgment on on the the pleadings pleadings willwill be be granted only where granted only where the the moving moving party's right toto succeed party's right succeed isis certain certain and and soso free free from doubt doubt trial trial would would bebea a fruitless fruitless exercise. exercise.

InIn rere Estate Estate of Blom, 642 ofBlom, 642 A.2d A.2d 498, 498, 501 (Pa. (Pa. Super. Ct. 1994) Super. Ct. 1994) (internal (internal citations citations omitted). omitted).

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Under Pennsylvania Under law, aa signed Pennsylvania law, release isis binding signed release binding upon the parties upon the and operates parties and operates asas an an absolute bar absolute bar toto recovery for everything recovery for included inin the everything included the release. See Davis release. See Davis exex rel. Davis v.v. Gov't rel. Davis Go»'t Employees Ins.

Employees Ins. Co., Ins. Co., 775 875 (Pa. 871, 875 A.2d 871, A.2d (Pa. Super. Ct. 2001).

Super. Ct. "It isis axiomatic 2001). “It axiomatic that that releases releases are are construed inin accordance construed accordance with with traditional traditional principles ofcontract principles of law . .... contract law Id. (internal .. .”" Jd. (internal citations citations omitted). Thus, “a"a release omitted). Thus, release not not procured procured by fraud, duress, by fraud, duress, oror mutual mutual mistake mistake isis binding binding between between the parties.” the Strickland v.v. University parties." Strickland Scranton, 700 University ofofScranton, 700 A.2d 979, 986 A.2d 979, 986 (Pa. (Pa. Super. Ct. 1997).

Super. Ct. 1997).

Parties with Parties with possible claims may possible claims settle their may settle their differences differences with with each each other other upon upon such such tenns asas are terms are suitable suitable toto them.... them .... However However improvident their agreement improvident their agreement maymay bebe oror subsequently prove subsequently for either prove for either party, their agreement, party, their absent fraud, agreement, absent fraud, accident accident oror mutual mistake, mutual mistake, isis the the law law ofoftheir their case. case.

Id. atat 875.

Td. 875.

Lori's assertions Lort’s assertions onon appeal areunavailing. appeal are Lori's bald unavailing. Lori’s bald assertion assertion that that she she “did "did not not consider considerthe the 1998 1998 Letter Letter inin entering entering into into the the settlement settlement agreement” agreement" isis insufficient insufficient factually factually and and

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legally legally to merit merit relief. relief. See See Yocca Yocca v.». v. Pittsburgh Pittsburgh Steelers Sports, Inc., Steelers Sports, Inc., 854 A.2d A.2d 425, 425, 436-37 436-37 (Pa. (Pa. 2004) 2004) (Parol (Parol evidence evidence rule rule bars bars consideration consideration of of evidence where agreement evidence where agreement is fully integrated.) integrated.)

In her her 1925(b) 925(b) Statement, l1925(b) Statement, Lori Lori asserts asserts that that this this Court Court failed consider Lori's failed to consider Lori’s claim that that she she did did not not consider consider the the 1998 1998 Letter Letter when when she she entered entered into into the Settlement Agreement. the Settlement Agreement. However, However, this this does does not not raise raise a genuine genuine issue issue of of material material fact. fact. Even Even assuming assuming the the fact fact as as alleged alleged by Lori, as by Lori, as we we must, must, that that she she did did not not consider consider the the 1998 1998 Letter, Letter, in the the Settlement Settlement Agreement Agreement she she waived waived and and released released all all claims. claims. What What she she considered considered does does not not alter alter the the force force of of the the release release in the the Settlement Settlement Agreement. The Agreement. The record record amply that Lori demonstrates that amply demonstrates Lori “released "released and and waived waived any and all any and all claims claims she she could could have have asserted asserted against against any any of of her her siblings siblings ... . . individually, individually, whether whether or or not not such such claim was was known known or or unknown, unknown, asserted asserted oror unasserted, unasserted, contingent contingent or or accrued... accrued .....”" Expressly Expressly included included among among the the claims claims that that Lori Lori released released by by virtue virtue of of her her execution execution of of the the 2021 2021 Settlement Settlement Agreement Agreement Case# 2022-X2610-25. 2.1.3 Received at Montgomery County Register of Wills Office on 05/05/2025 4:11 PM, Fee

was was any any claim that that was was then then “contingent” "contingent" upon upon a future future event. event. Despite Despite acknowledging acknowledging the the broad broad language language of of the the release, release, however, however, and and her her express express release release of of any any contingent contingent claims, claims, Lori Lori strains strains credulity credulity by by arguing arguing that that a claim based based upon upon the the 1998 1998 letter, letter, which which was was not not ripe ripe before before the the Decedent’s Decedent's death, death, cannot cannot be be considered considered toto have have been been a “contingent” "contingent" claim. claim.

Black’s Black's law dictionary dictionary defines defines “contingent” "contingent" asas follows: follows: Possible, Possible, but but not not assured; assured; doubtful doubtful oror uncertain; uncertain; conditioned conditioned upon upon the the occurrence occurrence of of some some future future event event which which isis itself itself uncertain uncertain or or questionable. questionable. Synonymous Synonymous with with provisional. provisional. This This term, term, when when applied applied toto a use, use, remainder, remainder, devise, devise, bequest, bequest, oror other other legal legal right right oror interest, implies interest, that no implies that no present interest exists, present interest exists, and and that that whether whether such interest such interest oror right ever will right ever will exist exist depends depends upon future upon aa future uncertain uncertain event. event.

An An interest interest may may be be contingent contingent upon upon the the occurrence occurrence of of aa future future event, event, such such asas the the death death of of a certain certain individual. individual. Indeed, Indeed, this the customary this isis the use of customary use of the the term tenn contingent contingent asas applied applied toto a right right oror interest interest inin property property oror inin an an estate estate oror trust. trust. Any Any claim claim arising arising from from that that 1998 1998 Letter Letter was was

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accurately accurately characterized characterized as as “contingent” "contingent" as as of of December 22, 2021 December 22, 2021 when when Lori Lori executed executed the the 2021 2021 Settlement Settlement Agreement.

Agreement. Having Having failed failed to present present any any basis fact or basis in fact or law, law, Lori's Lori’s claim for for relief relief fails. fails.

Moreover, Moreover, the the 2021 2021 Settlement Settlement Agreement Agreement that that Lori executed with Lori executed with the the advice of legal advice of legal counsel counsel was was also also aa fully fully integrated integrated agreement agreement by by virtue of the virtue of the following following provisions provisions included included therein: therein: Entire Agreement.

Entire Agreement.

This This Settlement Settlement Agreement Agreement embodies embodies and and represents represents the the full full agreement agreement of of the the parties parties hereto, hereto, supersedes supersedes anyany and and all all prior prior agreements agreements and and understandings, understandings, if any, any, relating relating to the substant hereof between or among any of the parties hereto, except the substant hereof between or among any of the parties hereto, except as as provided provided herein, herein, and and shall shall not not be be modified modified except except in writing writing executed executed by by or or on on behalf behalf ofof all all the the parties. parties.

ItIt isis well-settled well-settled that that “[wJhere "[w]here the the parties parties ... . . have ... have deliberately deliberately put put their their engagements engagements in Case# 2022-X2610-25. 2.1.3 Received at Montgomery County Register of Wills Office on 05/05/2025 4:11 PM, Fee

writing, writing, the the law declares declares the the writing writing toto be be not not only only the the best, best, but but the the only, only, evidence evidence of of their their agreement.” agreement." Yocca, Yocca, 854 A.2d A.2d atat 436.

436. Moreover, Moreover, “[a]n "[a]n integration integration clause clause which which states states that that a writing writing is meant meant toto represent represent the the parties! parties' entire entire agreement agreement is also also a clear clear sign sign that that the the writing writing is meant meant toto be be just just that that and and thereby thereby expresses expresses all all of of the the parties' parties' negotiations, negotiations, conversations, conversations, and and agreements agreements made made prior prior toto its its execution.” execution." Jd.

Id. Based Based on on Lori’s Lori's execution execution of of the the fully fully integrated integrated 2021 2021 Settlement Settlement Agreement, Agreement, any any claim asas toto her her state state of of mind mind or or considerations considerations atat the the time time are are barred barred by by the the parol parol evidence evidence rule. rule.

Lori Lori also also misconstrues misconstrues the the language language of of the the 2021 2021 Settlement Settlement Agreement, Agreement, arguing arguing that that the the Court's interpretation Court’s interpretation of of its its terms terms would would deprive deprive her of aa claim her of claim against the executor against the executor of of Decedent's Estate.

Decedent’s Estate. To To the the contrary, while the contrary, while the 2021 2021 Settlement Settlement Agreement Agreement expressly released expressly released claims claims against against her her siblings siblings “individually,” "individually," and and other other specific specific fiduciaries, fiduciaries, itit isis silent silent asas toto claims claims against Decedent’s against estate oror its Decedent's estate its personal personal representative. Nonetheless, any representative. Nonetheless, claim asas toto Decedent’s any claim Decedent's

documents.

Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and 2022-X2610.25.2.1.3 1925(a) Opinion, Page 7 $0.00. The filer certifies that this filing complies with the provisions of the Public Access

estate or estate or its its personal personal representative are irrelevant. representative are irrelevant. Not Not only only did did Lori concede that expressly concede Lori expressly that the the assets sought assets are non-probate, sought are but Lori’s non-probate, but Lori's instant instant Petition Petition is against against Respondents their Respondents in their individual capacities. individual capacities. [Objection, No. 1 (7/2/23)]. [Objection, No. (7/2/23)].

In light In of all light of all of of the the aforementioned, aforementioned, most most notably, notably, Lori’s Lori's unequivocal release, her unequivocal release, her instant instant claim is precluded. See Yocca, precluded. See Yocca, supra. see also supra.;; see also Order, Order, atat p.p. 4,4, (11/2/23); Adjudication, atat p.p. 2 (11/2/23); Adjudication, (8/9/24) (“The (8/9/24) ("The December December 22, 22, 2021 Settlement Agreement 2021 Settlement and Mutual Agreement and Mutual Release on all binding on Release is binding all of the of parties toto the the parties the Agreement Agreement and and enforceable. enforceable .... "). . . .”).

Finally, itit isis well-settled Finally, well-settled that that the the Appellate Court may Appellate Court may affirm on any affirm on any basis supported by basis supported by the record. the See InIn rere Walker, record. See Walker, 208 A.3d A.3d 472, 472,478 (Pa. Super. (Pa. 2019) (internal Ct. 2019) Super. Ct. citation omitted). (internal citation omitted).

IV.

IV. CONCLUSION CONCLUSION Accordingly, for Accordingly, for all all of of the the aforementioned aforementioned reasons, reasons, this this Court Court respectfully respectfully requests that requests that Case# 2022-X2610-25. 2.1.3 Received at Montgomery County Register of Wills Office on 05/05/2025 4:11 PM, Fee

its Order its Order dated dated February February 4,4, 2025, 2025, be AFFIRMED. be AFFIRMED.

BY THE BY THE COURT: COURT:

5, LOIS E. MURPHY This Opinion This e-fled May e-filed Opinion e-filed ,2os.

May �25.-7, 2025.

Copies Copies ofofthe the above above e-mailed e-mailed to:to: Michael Michael Samuel Samuel Simone, Simone, Esq./ Esq./ Eric Eric Wetzel, Wetzel, Esquire Esquire Joseph Joseph P.P. McDonald, McDonald, Esq. Esq.

Thomas Thomas Boulden, Boulden, Esq.

Esq.

Judicial Assistant

documents.