HomeMy WebLinkAbout04-09-12 (2)In Re:
WALTER F. RAAB LIVING TRUST
In Re:
BERNICE J. RAAB LIVING TRUST
In Re:
ESTATE OF BERNICE J. RAAB
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 21-12-398
ORPHANS'COURT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 21-12-399
ORPHANS'COURT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 21-11-842 `~ ~~
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ORPHANS' COURT ~~~ ~-'
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MOTION TO CONSOLIDATE
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Co-Trustee, Co-Beneficiary, and Co-Executrix Wendy Raab Robbins ("Ms.
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Robbins"), by and through her counsel, McNees Wallace & Nurick LLC, hereby moves
to consolidate the three above-captioned matters pursuant to Pa. R. Civ. P. No. 213 and
states the following in support thereof:
1. Rule 213 states:
In actions pending in a county which involve a common question of law or
fact or which arise from the same transaction or occurrence, the court on
its own motion or on motion of any party may order a joint hearing or trial
of any matter in issue in the actions, may order the actions consolidated,
and may make orders that avoid unnecessary cost or delay.
Pa. R. Civ. P. No. 213.
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2. The three above-captioned matters all involve the disposition of property
once belonging to Bernice J. Raab and Walter F. Raab.
3. The three daughters of Bernice J. Raab and Walter F. Raab-Ms.
Robbins, Mandy Raab Carson ("Ms. Carson"), and Laurie Ann R. Kucher ("Ms.
Kucher")-are co-trustees and co-beneficiaries of both the Bernice J. Raab Living Trust
and the Walter F. Raab Living Trust (collectively, the "Trusts").
4. Ms. Robbins, Ms. Carson, and Ms. Kucher are also the co-executrixes of
the Estate of Bernice J. Raab (the "Estate")
5. The estate assets are to be distributed to the Trusts.
6. The three above-captioned matters involve common questions of law and
fact.
7. There is commonality of parties, witnesses, and exhibits in the pending
actions.
8. Ms. Robbins has petitioned the Court for injunctive relief that would apply
to all three matters.
9. Consolidating the three above-captioned matters will avoid unnecessary
cost and delay.
10. Consolidating the three matters will not prejudice the rights of any party.
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WHEREFORE, Movant Wendy Raab Robbins respectfully requests that the
Court consolidate the three above-captioned matters for all purposes.
McNEES WALLACE & NURICK LLC
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Alan R. Boy on, 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 4, 2012
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CERTIFICATE OF SERVICE
I certify that I have this day served a copy of the foregoing Motion to Consolidate by
certified mail, postage prepaid, upon the following:
Mandy Raab Carson
111 Bentley Drive
Pittsburgh, PA 15238
Laurie Ann Kucher
126 Old Quarry Road
Clinton, PA 15026
Dated: April 4, 2012 ~~ -
ose ine M. Brinley, a.C.P.