March 7, 2025
Appellant’s petition to delay the distribution of the remainder of Mr. John Zaczynski’s estate, $249,132 until adjudication of the Vatican appeal was overruled in a hearing held in Orphans’ Court. Delay was sought on the basis that Sacred Heart of Mary Church is closed by Archdiocesan Decree effective December 1, 2024 and as such, has remained devoid of activity so far in 2025. The Blessed Sacrament has been removed and there have been no Masses or Adoration (although one has just been scheduled for March 12, 2025, 11am-2pm). Boy Scout meetings, soccer leagues, quinceaneras and all other programs have been discontinued. It was Petitioner’s opinion that collecting the proceeds of a will at such time that the Archdiocese will not even grant a suspension of Decree pending appeal was inappropriate and not in keeping with the decedent’s intent. Archdiocesan Legal Counsel (ALC), of Gallagher, Evelius & Jones argued to the contrary, asserting that civilly, Sacred Heart of Mary still exists as an individually incorporated entity, namely “Sacred Heart of Mary Roman Catholic Congregation, Inc.” which is entitled to collect from the estate. The contention that parishes are “individually incorporated entities” is one that the Archdiocese relies heavily upon to protect assets from creditors such as in its Chapter 11 bankruptcy filing—i.e., limiting settlements to sexual abuse claimants. However, each “individual” “Congregation, Inc.” Is headed by Archbishop Lori as President. Also on each “Board” is the Vicar General, the Pastor (bound by the AoB) and two lay corporators, approved and also bound by AoB. There is no ownership by nor meaningful representation of the “congregation” despite the corporate name registered thus with the Secretary of State of Maryland.
In addition to asserting legal standing (which parishioners cannot), ALC’s attorney further stated, on the record, that Sacred Heart of Mary remains “in use” as, after all, the appellant has been “in communication with Father Kevin” for over a month regarding “right of entry” requests initiated by the Appellant.
ALC went on to claim that Sacred Heart of Mary continues to incur expenses such as for the cemetery and for the recent boiler repair costing $5,000.00 and so could make good use of the donation. But cemetery expense does not meet the requirement noted in the will, i.e., “for use of the church at that location.” Secondly, Sacred Heart of Mary has paid (and likely continues to pay) for boiler insurance. OLH has been apprised of this policy, claims to which can be made through the Archdiocese.
On the question of why ALC, here to collect from an estate, has not addressed an irregular debt entry placed upon SHM’s books, ALC stated there was an explanation for the debt but since it forms one of the bases of the Vatican appeal, the explanation would be offered at the time of adjudication. So, she will represent SHM (or its corporate equivalent) to collect funds but declines to address an erroneous debt entry. Follow the money. The debt is payable to AoB. If the explanation were plausible and offered to the Appellant, perhaps this issue could be resolved now. Why are we waiting for the Vatican?