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HomeMy WebLinkAbout04-11-12 (2)IN THE COURT OF COMMON PLEAS OF~CUMBERLAND COUNTY, PENNSYLVANIA In Re: No. 21-12-398 WALTER F. RAAB LIVING TRUST :ORPHANS' COURT In Re: No. 21-12-399 BERNICE J. RAAB LIVING TRUST :ORPHANS' COURT In Re: No. 21-11-842 ESTATE OF BERNICE J. RAAB :ORPHANS' COURT NOTICETOPLEAD TO: MANDY RAAB CARSON, and LAURIE ANN R. KUCHER, Respondents: Petition for Injunctive Relief within twenty (20) days from service hereof or a judgment You are hereby notified to file a written response to the enclosed Amended may be entered against you. v~ ° ;:~ .=' iii :~ e.' ' _~ ti `:. LJ..~ t ~ .: ~,~., gg~ ~ .~, c C.~ iy ..,°, c ~~ ~~ ~~ ~~o McNEES WALLACE & NURICK LLC B ~~~ ~ 8 ~ y Alan R. Boynton r. 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 11, 2012 12 r. ~ tvi ~. ^'~ r-~ Y C":' , ~ -'t3 ~`,) m rte-' ~J ~ r" ~.. ~7 - ©~. lJ --~~ ? "i 1 IN THE COURT OF COMMON PLEAS ~ OF CUMBERLAND COUNTY,. PENNSYLVANIA ' r In Re: No. 21-12-398 WALTER F. RAAB LIVING TRUST :ORPHANS' COURT In Re: No. 21-12-399 BERNICE J. RAAB LIVING TRUST :ORPHANS' COURT In Re: No. 21-11-842 ESTATE OF BERNICE J. RAAB :ORPHANS' COURT AMENDED PETITION FOR INJUNCTIVE RELIEF Petitioner Wendy Raab Robbins ("Petitioner"), by and through her attorneys, McNees Wallace & Nurick LLC, seeks the grant of injunctive relief to (1) prevent dissipation and comingling of assets from the Walter F. Raab Living Trust, the Bemice J. Raab Living Trust (together "the Trusts"), and the Estate of Bernice J. Raab (the "Estate"), by Respondents Mandy Raab Carson ("Carson") and Laurie Ann R. Kucher ("Kucher") (collectively, "Respondents"), and all persons acting in concert with them; and (2) permit an orderly administration of the Estate and Trusts without extraneous costs by removal of Respondents as executrixes and trustees. 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 siblings and the daughters of Walter F. and Bernice J. Raab. 5. Walter Raab was previously the chair and chief executive officer (CEO) of AMP, Inc. He passed away on April 3, 2003. 6. Bernice J. Raab was a long time residence of Cumberland County who passed away on July 26, 2011. 7. Walter and Bernice Raab owned substantial assets, substantially all of which passed upon their deaths to the Trusts. 8. Petitioner and Respondents are co-trustees and equal co-beneficiaries of the Trusts. 9. Petitioner and Respondents are also co-executrixes of the Will of Bernice J. Raab, the beneficiary of which is her Trust. 10. 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. 11. The Trusts contain or are the equitable beneficiaries of, inter alia, three residential properties and the contents of those residences. 2 12. The first residence is located at 1736 Criswell Place, Camp Hill, Cumberland County, Pennsylvania (the "Criswell Property"). 13. The second residence is located at 19750 Beach Road, Apartment 506, Jupiter-Tequesta, Florida (the "Florida Property"). 14. The third residence is located at 337 Seabright Road, Ocean City, New Jersey (the "Ocean City Property"). 15. Numerous items of personal property were located at all three residences. 16. Following the July 2011 death of their mother, Bernice J. Raab, Petitioner and Respondents agreed to each inventory and appraise the personal property at the three residences. Each sister was responsible for doing so at one residence. 17. Petitioner and Respondents agreed not to remove personal property from the residences without notice and agreement of each of the sisters. 18. On Sunday, October 30, 2011, contrary to the interests of Petitioner as beneficiary, without notice to Petitioner as co-Trustee or to Ms. Mullin, and in violation of their agreement not to remove property from the three residences, Respondents removed 22 boxes of personal property from the Criswell Property. 19. Based on subsequent communications, it is believed by Petitioner that the _. ~., 22 boxes are currently at the homes of Respondents. 20. Because of the actions at the end of October, in November, 2011, family counsel Donna Mullin, Esq., who was assisting with the administration of the estate, directed that no property be removed from any of the residences unless all three co- Trustees agreed. 3 ~21. On December 10-11, 2012, contrary to the interests of Petitioner as beneficiary, without notice to Petitioner as co-Trustee or to Ms. Mullin, and in violation of .. .: their agreement not to remove property from the three residences, Respondents unilaterally removed essentially all of the personal property located in the Florida Property and had it shipped to their personal residences. 22. Upon learning of this egregious action by Respondents, and to ensure appropriate administration of the estate and Trusts assets, attorney Mullin .submitted "Conditions/Rules Effective Immediately 12/15 re Raab Estate/Trust Administration" to the three sisters. Should any of the three violate the conditions/rules, Ms. Mullin would cease to provide assistance to them. 23. The first "rule" set forth provided as follows: "No removal of any personal property effective immediately (contents, cars, furniture, papers, anything of a physical nature) from the 3 residences without the consent of all 3 executors and the affirmation of Donna Mullin that the consent has been obtained." 24. Respondents did not return, nor have they provided a full accounting of, the removed Florida Property personal property and, based upon Petitioner's communications with them, are believed to continue to have the property at their personal residences. 25. On February 26, 2012, Petitioner and Respondents met at the Crisswell Property in Cumberland County to discuss estate administration generally and removal of property from the Crisswell Property. 4 26. While at the Crisswell Property, Petitioner was physically attacked by Respondent Kucher and suffered injuries requiring medical treatment at Holy Spirit :, , Hospital. 27. As a result of the February 26 incident, Respondent Kucher has been criminally charged with harassment. The matter was to be heard on April 17, 2012 but, upon request of counsel for Respondent Kucher, has been continued to May 15, 2012. 28. Upon learning of the February 26 incident, attorney Mullin resigned her position and ceased to provide advice (other than for tax purposes) to Petitioner and Respondents. 29. Petitioner, fearing retaliation for the pressing of criminal charges and a reprise of Respondents' stripping of all personal property from the Crisswell Property, changed the locks at that residence. 30. On March 26, 2012, Petitioner requested from Respondents a detailed description of all Estate personal property items removed' by them from the residences ,. that had not been included on any appraisal or otherwise distributed under unanimous agreement. No response to this request has been received. 31. Also on March 26, 2012, Petitioner requested from Respondents a cross reference of the personal property item inventory list of the Crisswell Property against the Crisswell Property personal property appraisal developed by an auction service on January 25, 2012. No response to this request has been received. 5 32. On Monday, April 2, 20.12, Petitioner teamed that Respondents had arrived at the Crisswell Property with a moving company to remove additional personal belongings there. 33. Respondents had not provided any notice to Petitioner, who is co-trustee and co-beneficiary, and who was the sister designated as responsible for that property. 34. Finding the residence locked, Respondents arranged for a locksmith to drill out the locks. Once that occurred, Respondents (with the assistance of two individuals from the moving company) began loading the furnishings and personal property onto a moving truck owned by the M F Rockey Moving Company, of New Cumberland. 35. A paralegal from the office of the undersigned attempted to-serve both Respondents with a letter insisting that they cease and desist from removal of the property. 36. Both Respondents refused to accept the letters and directed the paralegal to leave the property, which she did. 37. Based upon a March 26, 2012 a-mail subsequently provided to Petitioner by the moving company, it was determined that the moving company was to transport all items to both of Respondents' homes (50% to each). 38. Also on April 2, 2012, in an attempt to stop the stripping of the Crisswell Property, Petitioner filed an Emergency Petition for Injunctive Relief. 39. The Petition was not assigned to a judge until the following morning. By that time, the property had been removed to Respondents' residences. 6 ~~ 40. On the evening of April 2, 2012, Jeffrey Robbins, husband of Petitioner, inspected the Crisswell Property and confirmed that virtually alf furnishings and personal property had been removed. 41. On April 3, 2012, the Court granted the Emergency Petition. 42. On April 4, 2012, the pleadings in this matter, including the signed Order, were hand served upon Respondent Kucher. 43. On April 5, 2012, the pleadings in this matter, including the signed Order, were served upon Respondent Carson by leaving a copy of the pleadings at her home. 44. Respondents have been transporting the personal property and taking it to their homes, where they are co-mingling the property with their own property and are ,_ , , , , . likely to dissipate the assets for their personal benefit. 45. Petitioner, although a trustee of the Trusts, does not have equal access to the assets of the Trusts as they have been seized by Respondents. 46. On Wednesday, April 4, 2012, Petitioner sent an a-mail to Respondents asking for the location of the property taken by them and an opportunity to inspect the property. Petitioner also asked for agreement to remove the remaining personal property to a storage shed as closing on the sale of the Crisswell Property was scheduled for April 30, 2b12. 47. On Friday, April 6, 2012, Respondents replied to Petitioner by stating that she was not permitted to remove any property (despite the fact that Respondents had just done exactly that) from the Crisswell Property. 7 48. - -Petitioner, in fear of further action by Respondents, has proceeded to remove several remaining items of property left at the Criswell Property and hss s#ored them with the other Estate and Trust property in her possession, in a climate controlled storage garage rented by her. 49. In their April 6 response, Respondents further stated that they were now represented by counsel and that requests to inspect the property held by them should be made through their counsel. 50. On Monday, April 9, 2012, counsel for Petitioner initiated contact with Neil Hendershot, Esq., the attorney ident~ed by Respondents as representing them. 51. To date, there has been no agreement on a date on which Respondents will allow Petitioner to review- the property taken by Respondents. 52. Respondents are required by law to administer their duties as co-trustees in the sole interests of the beneficiaries of the Trusts. 20~Pa. C.S.A. §7772. 53. There is no benefit to the Estate or the Trust from the conduct of Respondents and such action has been directly inconsistent with the interests of Petitioner as beneficiary of both. 54. 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. 55. 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 without notice to Petitioner. 8 - 56. ~ 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). ~7: Respondents have also breached their fiduciary duty in' acting vrithout notice to a co-trustee: 58. Petitioner is at substantial risk of immediate and irreparable harm unless Respondents' continuing efforts to dissipate the assets of the Estate and the Trusts and to harm Petitioner are enjoined. 59. Respondents have demonstrated an utter disregard for their fiduciary duties to act in the best interest of all beneficiaries of the Trust, including Petitioner. 60. Respondents have demonstrated that they are not capable of effectively and fairly serving as executrixes of the Estate of Bernice J. Raab. 61. Respondents have demonstrated that they .are not capable of effectively and fairly serving as trustee of the Trusts. 62. By engaging in serious breaches of their fiduciary duties, Respondents should be removed as trustees pursuant to 20 Pa.C.S.A. § 7766(b)(1). 63. By taking action to physically attack Petitioner, and to unilaterally remove trust property and secure it in their homes without notifying or obtaining approval of a co-trustee, Respondents have made clear that there exists a "lack of cooperation among co-trustees" which "substantially impairs the administration of the trust" and mandates their removal as trustees under 20 Pa.C.S.A. § 7766(b)(2). 64. Upon reasonable belief, Respondents are dissipating and co-mingling the property for their personal benefit. 9 65. This action is necessary and proper to restore Trust property. and to prevent dissipation of the assets by Respondents. WHEREFORE, Petitioner, as co-trustee, co-executrix and beneficiary as set forth herein, requests that permanent injunctive relief be granted as follows: (1) That, pursuant to 20 Pa.C.S.A. § 7781(a)(7), Mandy Raab Carson and Laurie Ann R. Kucher are removed as Trustees of Walter F. Raab Living Trust, the Bernice J. Raab Living Trust (together "the Trusts"), and have no authority or power to further act as trustees of said Trusts; (2) That Mandy Raab Carson and Laurie Ann R. Kucher are removed as executrixes of the estate of Bernice J. Raab, and have no authority or power to further act as executrixes of said Estate; (3) That Mandy Raab Carson and Laurie Ann R. Kucher be ordered to deliver, within ten (10) days of this Order, and to a location determined by Wendy Robbins, all assets of the Trusts and of the Estate of Bernice J. Raab within their possession or control; (4) That Mandy Raab Carson and Laurie Ann R. Kucher be ordered to deliver to ~, Petitioner, within ten (10) days of this Order, a complete inventory of all property of the Estate of Bernice Raab and the Trusts within their possession and/or control, as well as a list of all property transferred or conveyed by them to any third. parties; (5) 1"liat Mandy Raab Carson and Laurie Ann R. Kucher, and all persons acting in concert with them and/or upon direction of them, are enjoined from selling, 10 transferring, conveying or otherwise dissipating any and all assets held in the Trusts or the Estate, (6) That Mandy Raab Carson and Laurie Ann R. Kucher, and all persons acting in concert with them and/or upon direction of them, are enjoined from. co- mingling any personal property of the Trusts or the Estate with any other property; and (7) That Petitioner be awarded costs and fees of this matter, said award to be paid by Respondents. McNEES WALLACE & NURICK LLC '6 ~ J Y 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 11, 2012 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In Re: No. 21-12-398 WALTER F. RAAB LIVING TRUST :ORPHANS' COURT In Re: No. 21-12-3998 BERNICE J. RAAB LIVING TRUST :ORPHANS' COURT In Re: No. 21-11-842 ESTATE OF BERNICE J. RAAB :ORPHANS' COURT I, Wendy Raab Robbins, CaTrustee and Co-Beneficiary of the Welber F. Raab Living Trust and the Bemloe J. Raab Living Trust, and Co-Exec~trix of the Estate of Bernice J. Raab, and Petitioner herein, hereby verffy that the fates oon~ined in the foregoing Amended Petition are true and con+ect to the best of my knowledge, infennatbn and belief. i understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. We ab Robbins Date: April g, 2012 CERTIFICATE OF SERVICE I certify that I have this day served a copy of the foregoing Praecipe to File AfFdavits of Service by U.S. mail, postage prepaid, upon the following: Neil E. Hendershot, Esq. Serratelli, Schiffman & Brown P.C. 2080 Linglestown Road, Ste. 201 Harrisburg, PA 17110-9693 Dated: April 11, 2012 ~ ~ ~ Alan R. Boyn , Jr.