Devin-Michael: .Konetsco

Filing 2

MEMORANDUM ORDER re 1 Miscellaneous Case Filed filed by Devin-Michael:.Konetsco - IT IS HEREBY ORDERED THAT this action is DISMISSED WITHOUT PREJUDICE to the petitioner filing the action in the appropriate county court. Signed by Magistrate Judge Daryl F. Bloom on April 24, 2024. (kjn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

IN RE: DEVIN-MICHAEL
KONETSCO

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Civil No. 1:24-MC-336

(Magistrate Judge Bloom)

MEMORANDUM ORDER
This matter was filed as a miscellaneous case filing. It appears
that the petitioner, Devin-Michael Konetsco, is seeking information or
instructions as a self-described “Executive Co-trustee” of an unidentified
trust, relying on the Restatement (Third) of Trusts. (Doc. 1).
Section 71 of the Restatement (Third) of Trusts provides that “[a]
trustee or beneficiary may apply to an appropriate court for instructions
regarding the administration or distribution of the trust if there is
reasonable doubt about the powers or duties of the trusteeship or about
the proper interpretation of the trust provisions.” See Estate of Sewell,
409 A.2d 401, 404 (Pa. 1979) (applying § 71’s nearly identical
predecessor, § 259 of the Restatement (Second) of Trusts). In
Pennsylvania, the appropriate court “for judicial proceedings involving a

trust is in the county of this Commonwealth in which the trust’s situs is
located and, if the trust is created by will and the estate is not yet closed,
in the county in which the decedent’s estate is being administered.” 20
Pa. Cons. Stat. § 7714(a).
Accordingly, IT IS HEREBY ORDERED THAT this action is
DISMISSED WITHOUT PREJUDICE to the petitioner filing the action
in the appropriate county court.
So ordered this 24th day of April 2024.

S/ Daryl F. Bloom

Daryl F. Bloom
United States Magistrate Judge

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