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Home My WebLink About04-02-12In Re: IN THE COURT OF COMMON PLEAS OF V'JALTER F. RAAB LIVING TRUST, ;CUMBERLAND COUNTY, PENNSYLVANIA BERNICE J. RAAB LIVING TRUST ~ '~ s ~ I ~~ ~ ~ ~ ~i:~ And ESTATE OF BERNICE J. RAAB No. .~;~_ ~ j _ ~~~~~~~ ORPHANS'COURT NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a ;udgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THESE OFFICES MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mss adelante en las siguientes paginas, debe tomar action dentro de los proximos veinte (20) digs despues de la notification de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia es=;rita y radicando en la Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demands o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 Bedford St. Carlisle, PA 17013 (717) 249-3166 McNEES WALLACE & NURICK LLC BY ~ `-~ J 4'VI Alan R. Boynto Jr. I. D. No. 39850 Alexis I. Snyder I. D. No. 308778 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 Attorneys for Petitioner Wendy Raab Robbins Dated: April 2, 2012 In Re: WALTER F. RAAB LIVING TRUST, BERNICE J. RAAB LIVING TRUST, And ESTATE OF BERNICE J. RAAB IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY OF , PENNSYLVANIA ~ ~1.7z-- ; T ~' .; r;. t7 t i ORPHANS' COURT ... __, _:Tt N - ~ ~'~' _ _ ~ -~_t..} ~, -'-; ~- EMERGENCY PETITION FOR INJUNCTIVE RELIEF ~' ~ ' ~.. PREVENT THE DISSIPATION AND COMINGI IN(: n~ n c~~T~. t., Petitioner Wendy Raab Robbins ("Petitioner"), by and through her attorneys, McNees Wallace & Nurick LLC, seeks special and preliminary injunctions to prevent impending and imminent dissipation and comingling of assets from the Walter F. Raab Living Trust, the Bernice J. Raab Living Trust (together "the Trusts"), and the Estate of Bernice J. Raab, by Respondents Mandy Raab Carson ("Carson") and Laurie Ann R. Kucher ("Kucher") (collectively, "Respondents"), and all persons acting in concert with them. Petitioner avers the following in support thereof: 1. Petitioner is an adult individual residing at 513 Brom Court, Mechanicsburg, PA 17050. 2. Carson is an adult individual residing at 111 Bentley Drive, Pittsburgh, PA 15238. 3. Kucher is an adult individual residing at 126 Old Quarry Road, Clinton, PA 15026. 4. Petitioner and Respondents are sisters who are also co-trustees and r < <-: -r, ,_._. ~.~~ C~ _.~, equal co-beneficiaries of the Trusts. Additional beneficiaries have an interest in preservation of the assets as well. 5. Petitioner and Respondents are also co-executrixes of the Will of Bernice J. Raab, the beneficiary of which is her Trust. 6. Additionally, Petitioner and Respondents are co-beneficiaries of an Irrevocable Agreement of Trust dated November 9, 1990, as directed by Bernice Raab through the exercise of her limited power of appointment. 7~ Petitioner and Respondents are siblings and are the children of the late Walter F. Raab and the late Bernice Raab. $. The Trusts contain or are the equitable beneficiaries of, inter alia, three residential properties and the contents of those residences. 9. The first residence is located at 1736 Crisswell Place, Camp Hill, Cumberland County, Pennsylvania (the "Crisswell Property"). 10. The second residence is located at 19750 Beach Road, Apartment 506, Jupiter-Tequesta, Florida (the "Florida Property"). 11. The third residence is located at 337 Seabright Road, Ocean City, New Jersey (the "Ocean City Property"). 12. Numerous items of personal property were located at all three residences. 13. Contrary to the interests of Petitioner as beneficiary, Respondents have been unilaterally removing personal property from the Florida Property without the approval of Petitioner and without fully accounting for the removed personal property. 14. Respondents are attempting to unilaterally remove personal property from the Crisswell Property without the approval of Petitioner and without accounting for the removed personal property. 2 15. As Petitioner is a co-trustee and co-beneficiary of the Trusts, Respondents are violating Petitioner's legal rights and Respondents' fiduciary duties by removing personal property from the residences. 16. Respondents have been transporting the personal property and taking it to their homes, where they are co-mingling the property with their own property. 17. There is no benefit to the Estate or the Trust from the conduct of Respondents and such action is directly inconsistent with the interests of Petitioner as beneficiary of both. 18. Upon reasonable belief, Respondents are dissipating and co-mingling the property for their personal benefit. 19. Respondents' conduct follows a physical attack by Respondent Kucher upon Petitioner, which has resulted in criminal charges filed against Respondent Kucher. 20. In late March, 2012, Petitioner, in anticipation of Respondents further attempting to strip the assets of the Estate and Trust, arranged for the changing of the locks at the Camp Hill residence. 21. On Monday, April 2, 2012, Respondents, without notice to, or consent of, Petitioner, broke into the Camp Hill premises and removed the personal property by transporting it, via a moving company (M. F. Rockey Moving Company) and personal vehicles, to, upon information and belief, their personal residences in Pittsburgh and Clinton, Pennsylvania. 3 22. A paralegal acting on behalf of Petitioner attempted to serve a letter upon Respondents at the Camp Hill premises informing them of their duties to Petitioner and insisting that they refrain from removing and comingling property, but Respondents refused to accept the letters. 23. In addition to all furniture, artwork, and other personal property at the Camp Hill residence, Respondents are also believed to have removed at least one vehicle (a Mercedes-Benz). 24. Respondents' conduct has been in breach of their fiduciary duties of loyalty to act "solely in the interests of the beneficiaries." 20 Pa. C.S.A. §7772, 25. Respondents' conduct has been in breach of their fiduciary duty not to comingle trust property with their personal property. 20 Pa. C.S.A. §7780.1(b). 26. Petitioner is at substantial risk of immediate and irreparable harm unless Respondents' efforts to dissipate the assets of the estate and the Trusts are enjoined. WHEREFORE, Petitioner requests that emergency and preliminary injunctive relief be granted as follows: 1. That Respondents be enjoined from removing any personal property from the residences listed in the Petition, 2. That Respondents be enjoined from otherwise removing or dissipating any assets held in the Trust, returnable at hearing as set forth below, 3. That Respondents be enjoined from comingling any property of the Estate or Trusts; and 4 4. That Respondents being enjoined from further exercise of powers as executrixes or trustees absent Order of Court; 5. That Respondents be ordered to place into escrow within Cumberland County, and without right of removal absent consent of all Trustees and beneficiaries or Order of Court, any and all property of the Estate and the Trusts; 6. That Respondents provide to Petitioner a complete and accurate inventory of all Estate and Trusts property in their possession, as well as the locations of all such property McNEES WALLACE & NURICK LLC BY 4~. / l ~ r~. l] Alan R. Boynt , Jr. I. D. No. 39850 Alexis I. Snyder I. D. No. 308778 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 Attorneys for Petitioner Wendy Raab Robbins Dated: April 2, 2012 In Re: WALTER F. RAAB LIVING TRUST, BERNICE J. RAAB LIVING TRUST, And ESTATE OF BERNICE J. RAAB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ORPHANS' COURT VERIFICATION I, Wendy Raab Robbins, Co-Trustee and Co-Beneficiary of the Walter F. Raab Living Trust and the Bernice J. Raab Living Trust, and Co-Executrix of the Estate of Bernice J. Raab, and Petitioner herein, hereby verify that the facts contained in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ~' ~~;, ~~ - wencSy Raab Robbins Date: April 2, 2012