HomeMy WebLinkAbout07-23-13 f �
Thomas A.French,Esquire n �::�- ,_.� °°.'
Attarney I.D.No. 31305 C �-y `�� --• $��
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Jillian M.Golden,Esquire � �- ° �°- _��
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RH4ADS&SINON LLP � ;��-: z�.. t�.� ' .
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Attarneys far Petitioner,Wendy Robbins ; � ,��} �.-� .; ��•°
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IN THE CaIJR�T QF C(�MMQN PLEAS �
OF CUMBERLAND COUNTY,PENNSYLVANIA
In Re: ; No, �1-12-398
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WALTER F, RAAB LIVI��1�TRUST ; ORPHANS' COURT
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In Re: ; No. 21-12-�99�__
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BERNICE J. RAAB LIVING TRUST ` ORPHANS' COURT
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In Re: i No. 21-11-842
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ESTATE OF BERNICE J, RAAB ; ()RP'HANS' COURT
PETITION FOR APPQINTMENT UF IVO V. OTTU,III AS LIMITED
ALIMINISTRA,TOR PRO TE1VI OF THE ESTATE OF BERNICE J. RAAB
AND LIMITED TRUSTEE PRt�TEM tJF THE WALTER F. RAAB
LIVING TRUST AND BERNICE J. R.AAB LIVING TRU�T PURSUANT
TO 20 PA. C.S. �4301
NOW COMES, Petitioner, Wendy Robbins,�(hereinafter"Petitioner" or"Wendy"} in her
capacity as Co-Executrix of the Estate of�ernice J. Raab {"�he Estate"} and Ca-Trustee of the
Walter F. Raab Living Trust and Bernice J. Raab Living Tru.st (collectively "the Trusts"), and
hereby petitions the Orphans' Court Division af the Cumberlar�d Cvunty Court of Comr�on Pleas
to appoint a Limited Administratar I'ro T�m and Limited Trustee Pro Tem of the afarementioned
Estate and Trusts for the specific purpase of marshaling and selling certain Estate and Trust
assets because the acting and �ppainted Co-Executrices and Co-Trustees are in a position of
conflicting interest and cannot a�ree �n the proper administratian and distribution af these assets
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resulting in delay, loss of value, and harm to the Estate and Trusts. In support of this Petition,
Petitioner avers as follows:
INTRODUCTION
Three sisters, namely, Wendy Robbins, Mandy Raab Carson, and Laurie Ann Kucher, are
the appointed and acting Co-Executrices and Co-Trustees of the Estate and Trusts, and also,
equal co-beneficiaries of the Estate and Trusts. Since 2011, these fiduciaries have been in
fundamental disagreement regarding the administration and distribution of the following Estate
and Trust assets: (1) distribution of marketable securities and cash currently on account at
Dominick & Dominick LLC valued at $6,540,247; (2) sale and/or distribution of real property
located in Jupiter-Tequesta, Florida ("the Florida property") and Ocean City, New Jersey ("the
New Jersey property"); and (3) sale and/or distribution of personal property previously located in
Camp Hill, Pennsylvania at the family homestead (hereinafter "Criswell property"), personal
property previously and currently located at the Florida property, personal property located at the
New Jersey property, and family photographs located at the home of Mandy Raab Carson. These
assets are referred to collectively herein as the "Disputed Assets."
The inability of the fiduciaries to work cooperatively to liquidate and distribute the
Disputed Assets is based, in substantial part, on the self-interest of Mandy Raab Carson and
Laurie Ann Kucher, who have an interest in obtaining Trust property, specifically, the New
Jersey property, below fair market value. The self- inter�st of these fiduciaries has created
conflict, delay, and corresponding harm to the Estate and Trusts, and to Wendy as a co-
beneficiary. For these reasons, as explained more fully herein, this Court may appoint a Limited
Administrator Pro Tem and Limited Trustee Pro Tem to liquidate the Disputed Assets and
distribute the proceeds to the beneficiaries.
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PARTIES
1. Petitioner is an adult individual residing at 513 Bram Court, Mechanicsburg,
Cumberland County, Pennsylvania, 17QSQ:
2. Respondent, Mandy Raab.Carson {"1Vlandy"}, is an adult individual residing at
111 $entley Drive, Pittsburgh, Pennsylvania, 1523 8.
3. Respondent, Laurie A�nn I�.ucher ("Laurie"}, is an adult individual residing at 126
{�ld Qua�rry Road, Clin�on, Pennsylvania, 1502�.
4. Wendy, Mandy and Laurie are sisters, and the daughters of the late Walter F. and
Bernice J. Raab.
5. Walter F. Raab died on Apri13, 20�3 and Bernice J. Raab died on JuI�2�, 2�I l.
6. Togeth�r, Wendy, Mandy and Laurie, are the named and acting Co-Executrices of
the Estate and Co-Trustees of the Trusts. �
7. The named beneficiary af the Estate of Bernice J. Raab is the B�rnice J. Raab
Living Trust.
8. VVendy, Mandy and Laurie are equal beneficiaries of both �he �Valter F. Raab
Living Trust and the Bernice 3. Raab Living Trust.
9. Additionally, Wendy, Mandy and Laurie, are equal beneficiaries of an Irrevacable
Agreement af Trust dated Navember�, 1�90, as directed by Bernice J. Raab through the exercise
af her Iimited power of appointment.
P�L�JCEDURAL I�IST4RY�
10. C?n Apri12, 2012, Wendy commenced praceedings against Mar�dy and Laurie by
filing an Emergency Petition for Injunctive Relief to Prevent the Dissipation and Co-Mingling
of Assets. At that time, Wendy alle�ed that her sisters had raided Estate and Trust property and
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were co-mingling and dissipating Estate and Trust p�roperty in violatian of their fiduciary duties
to the Estate and Trusts and to Wendy, as an equal co-beneficiary.
11. Qn Apri1 3, 2Q 12, the Hanorable Thamas J. Placey issued a Preliminary Decree
providing as fallows:
And now this 3r� day of April, 2012, upon consideration of the attached
Petition for Injurictive Relief, it i,s t�RDE�;ED and DECF►EED, that
Mandy Raab Carson and Laurie Ann Kucher, and a11 persons acting in
concert with them and/or upon directio�n from them, are enj oined, pending
hearing as set farth belaw, from {1} removing any personal property from
the residences listed in the Petitic�n, �2} otherwise removing or dissipating
any assets held iri the Trust, and (3) ca-mingling any personal property af
the Estate.
A copy of the Apri13, 2012 Preliminary Decree is attached hereto as Exhibit"A."
12. (Jn Apri1 11, 2412, �endy filed an A�nended Petition requestir�g, inter al ia, that
Mandy and Laurie be remaved as Co-Executrices and Ca-Trustees of the Estate and Trusts. A
hearing was set on the Amended Petition for April 17, 2012.
13. tJn April 17, 2012, Wendy filed a Mation far Continua�ce requesting that the
April 17, 2{3l� hearing be postponed to the next h�aring date while the parties negatiated the
"primary remaining issue" in the Arnended Petition, `,�vhich was Wendy's request far removal of
her sisters as co-fiduciaries. The parties agreed to keep the April 3, 2012 decree in place and to
extend its application to Wendy.
1�. IJuring this time, Wendy, Mandy and Laurie, by and through counsel, began
discussing a proposed stipulation to govern interim Estate and Trust administratia�issues.
15. (�n May 10, 2012, relying in gaod faith on Mandy and Laurie's representatians
that they intended to enter a stipulatiQn, Wendy filed �nother Motion to Cantinue the hearing on
the Amended Petitian and to consolidate the proceedings in relation to the Estate and Trusts,
which were separately docketed.
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16. On May 14, 2012, the C:ourt granted Wendy's Motion, consolidated the matters
and, generally continued the hearing on the Amended Petition. The May 14, 2012 Order stated:
A further request to eonduct a hearing in the above-captioned matters shall
be initiated by the filing of a new petition by Petitioner.
A copy of the May 14, 2012 Order is attached hereto as Exhibit"B."
17. Throughout May and early June 2012, Wendy, Mandy and Laurie, through
counsel, negotiated and agreed to a stipulation to govern the conduct of the Co-Executrices and
Co-Trustees and, to provide a systematic method for inventorying and appraising the personal
property and automobiles owned by the Estate and Trusts. A copy of the Stipulation, which the
parties agreed to on June 19, 2012, is attached hereto as Exhibit"C."
18. The Stipulation expressly provides that "any actions taken and decisions made on
behalf of the Estate or Trusts shall require the unanimous consent of all the Parties." Id. at¶3.
19. The Stipulation likewise provides that "the Par�ies express their desire and
intention to deal with each other with reasonableness, due diligence and in good faith in the
administration of the Estate and Trusts, and to deal with each other similarly in such discussions
and negotiations seeking resolution of iss�aes raised or administrative tasks to be conducted for
the Estate and Trusts."
20. After Wendy agreed to continue the hearing and the parties agreed to all of the
terms of the Stipulation, Mandy and Laurie refused to sign the Stipulation. Nonetheless, the
parties have agreed to the Stipulation and have honored certain action items set forth in the
Stipulation, and the requirement to act unanimously. However, motivated by their collective
interests, Mandy and Laurie have deliberately failed to reach agreement as to the dispositic�n of
the Disputed Assets, and the parties are at an impasse as to these issues.
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FACTUAL BACKGROUND
21. The above Par.agraphs are incorporated herein by reference.
22. Mandy and Laurie have demonstrated, by their conduct and course of dealing
since October 2011, that they do not intend to work in good faith or to cooperate with Wendy on
matters of Estate and Trust administration, specifically; the liquidation and distribution of the
Disputed Assets,because they are motivated by their own self- interest.
23. The lack of cooperation and communication, together with growing animosity and
hostility among the Co-Executrices and Co-Trustees, escalated to the point of a physical
altercation in February 2012, where Laurie assaulted Wendy while the sisters attempted to
distribute personal property at the Criswell property. Laurie was ultimately found guilty of
harassment by the Honorable Alfred Masland, following a bench trial.
24. As early as June 2012, Wendy, through counsel, recommended that the parties
negotiate a global settlement of the major Disputed Assets, but Mandy and Laurie inexplicably
indicated that"settleinent negotiations are not appropriate now."
25. In January 2013, the parties proceeded to mediation to address distribution of the
Disputed Assets, and other issues, since they were deadlocked and unable to move forward.
26. The mediation was unsuccessful.
27. In May 2013, the parties were able to address some minor, immediately pressing
administration issues, such as appointment of a new bill payer for the Estate and Trusts,
distribution of approximately $19,000 from a Bank of America account, and to agree to the sale
of two Mercedes Benz automobiles owned by the Trusts.
28. However, the parties have been unable to reach a� type of agreement regarding
administration or distribution of the Disputed Assets, and Mandy and Laurie have not
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meaningfully responded to any requests .for disposition of the assets made by Wendy since
June 6, 2013.
29._ As set forth herein, thexe has been ongoing, long term disagreement regarding the
Disputed Assets, and Court intervention is now necessary to move administration of the Estate
and Trusts forward.
Distribution of Cash and Marketable Securities
30. Collectively, the Estate and Trusts hold approximately $6,540,247 in cash and
marketable securities. The cash and securities can be distributed immediately, in kind, to Wendy,
Mandy and Laurie as equal co-beneficiaries.
31. Mandy received an advance distribution of $180,000 by Bernice J. Raab during
Mrs. Raab's life, which must be returned in order to satisfy the requirements of the Will and
Trusts, naming Mandy, Wendy and Laurie, as equal co-beneficiaries.
32. On June 6, 2013, Wendy, through counsel, requested that the parties agree to an
immediate distribution of the cash and marketable securities.
33. Wendy set forth an itemization of the available cash and securities, along with a
recommendation that $500,000 be withheld as a contingency. This contingency amount was
suggested by Donna Mullin, the accountant to the Estate and Trusts, and represented a
reasonable estimate of fees and costs that the Estate and Trusts may incur going forward.
34. Wendy repeatedly requested that her sisters respond to her request for immediate
distribution of the cash and securities.
35. Mandy and Laurie did not respund. :
36. On June 19, 2013, Wendy again recommended an immedia#:e distribution of the
cash and securities and requested that if her sisters opposed this request, that they offer "a
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counter proposal as to how that item should be handled." A copy of the June 19, 2013 email is
attached hereto as Exhibit``D."
37. Mandy and Laurie did not respond to Wendy's proposal and have not offered a
meaningful counter-proposal, only stating, thr.ough counsel, that they suggest a partial
distribution of$150,000 without any justification for this minor distribution.
38. Mandy and Laurie are attempting to leverage their refusal to distribute the cash
and securities to benefit themselves and their goal of purchasing Trust property below maxket
value, namely, the New Jersey property, by withholding funds from Wendy to induce her to give
up rights to the New Jersey property.
39. Mandy and Laurie's refusal to authorize distribution of the cash and securities is
motivated by self-interest and animosity towards Wendy, and therefore, is contrary to their
fiduciary duties. See 20 Pa. C.S. §7772.
40. The cash and marketable securities are available for immediate distribution and
Mandy and Laurie have not advanced any legitimate reason as to why these assets cannot be
distributed to Wendy, Mandy and Laurie as equal co-beneficiaries of the Estate and Trusts.
41. A Limited Administrator Pro Tem and Limited Trustee Pro Tem should be
appointed to marshal the cash and securities and make proper distribution of the same in a timely
and efficient manner because the acting and appointed co-fiduciaries are deadlocked on this issue
and Mandy and Laurie's capacity as beneficiaries is in direct conflict with their position as
Trustees.
Liquidation and Distribution of Real Propertv Located in
Ne�v Jersev and Ftorida
42. At present, the Trusts contain, or are the equitable beneficiaries of, two residential
properties,the contents of those properties, and the contents removed from the Criswell property.
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43. The Florida property is located at 19750 Beach Road, Apartment 506, Jupiter-
Tequesta, Florida.
44. The New Jersey property is located at 337 Seabright Road, Ocean City, New
Jersey.
The New Jerse ��Property
45. The parties are unable to agree to the distribution or sale of the New Jersey
property.
46. Mandy and Laurie have previously offered to purchase the New Jersey property,
but have offered to do so only at a price, �vhich is substantially under the current market value of
the property, and does not benefit the Estate or Trusts, and would only serve to benefit Mandy
and Laurie individually. �
47. Mandy continues to want ownership of the New Jersey property, and because of
this self interest, it is averred that Mandy is intentionally delaying winding up of the Estate and
Trusts to induce Wendy to relinquish her interest in the New Jersey property.
48. Wendy also is interested in acquiring the New Jersey property and has requested
that it be listed for s�le to the highest bidder. See Exhibit D.
49. Mandy and Laurie have failed to agree to list the New Jersey property for sale.
50. Bernice J. Raab died on July 26, 2011; the New Jersey property has never be�n
listed for sale and the property has sat idle for nearly two years.
51. Mandy and Laurie's refusal to take steps to list the New Jersey property for sale,
and otherwise acting in their own self- interest to purchase this property below fair market value,
is causing continue� expenses and loss to the Estate and Trust and to Wendy as an equal co-
beneficiary by having to continually maintain this substantial, and valuable Trust asset.
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52. Given the parties' inability to agree on sale or distribution of the New Jersey
property, this asset should be marshaled and sold to the highest and best bidder since the acting
co-fiduciaries are deadlocked on this issue, and Mandy and Laurie are in a position of conflicting
interest between their capacity as beneficiaries and duties as Co-Trustees.
The Florida Property �
53. The Florida property costs approximately$40,000 a year to maintain.
54. Like the New Jersey property, the Florida property has not been listed for sale and
has sat idle for neaxly two years.
55. In February 2013, the parties confirmed selection of a realtor in Florida and, in
June 2013, Wendy advised that she would secure a lis±ing agreement for signature by the Co-
Trustees. See EYhibit D. �
56. Thereafter; Mandy and Laurie inexplicably, and without jus�ification, refused to
move forward with listing the Florida property for sale.
57. It is believed, and theref�re averred, that Mandy and Laurie's refusal to move
forward with the sale of the Florida property is yet another part of their comprehensive scheme to
delay administration, in an effort to achieve their own personal goal of obtaining the New Jersey
property under fair market value.
58. There is no legitimate reason for the Estate and Trusts to continue to hold this real
property and to expend substantial Trust assets to pro��ide for its continued care and maintenance
in the annual amount of$40,000.
59. Given the clear inability of the parties to cooperate and proceed with due
diligence with respect to the sale of the New Jersey property and Florida property, based in
substantiai part on Mandy and Laurie's self-interest as beneficiaries, a Limited Administrator Pro
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Tem and Limited Trustee Pro Tem should be appointed to marshal and sell these real properties
for the highest and best price and make immediate distribution of the sale proceeds.
Distribution of Personal Property of the Estate and Trusts
60. The Criswell property, Florida property and New Jersey property contain or
contained valuable items of personal property, which were removed and transported by Mandy
and Laurie, without the autliorization or consent of Wendy.
61. On October 30, 2011, without notice to Wendy, Mandy and Laurie removed 22
boxes of valuable personal property from the Criswell property to their personal residences.
62. On December 12, 2011, without notice to Wendy, Laurie and Mandy flew to
�'lorida and removed valuable items of personal property from the Florida property, including,
crystal, china, silverware, collectibles, oriental rugs, f.urniture, artwork, lamps, and Bernice J.
Raab's clothing and shippecl this personal property to their residences.
63. On April 2, 2012, Mandy and Laurie commenced another raid on the Criswell
property and hired movers to remove substantial Estate and Trust property to their personal
residences.
64. The October 201 l, December 2011 and April 2012 raids were without notice to
Wendy, and against the specific direction of Dor�na Mullin, tre fa.r�lily's attorney and the
accountant to the Estate and Trusts, who specifically instructed Mandy and Laurie not to remove
any personal property from any real estate. Mandy and Laurie's actions necessitated Wendy
filing the above-referenced Emergency Peti�ion for Injunctive Relief.
65. It is believed, and therefore averred, that this personal property is currently
located in storage sheds, as agreed upon by the parties in the Stipulation. See Exhibit C.
66. Also, as agreed upon in the Stipulation, the parties have each photographed,
inventoried and cross-referenced to the appraisal the iteYns of personal pr�operty taken from the
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three residences. The parties have delivered these photographs and inventories to Donna Mullin,
the estate/trusts accountant.
67. The parties, however, remain unable to agree to an equitable distribution of the
personal property or even agree upon a method for distribution.
68. The parties have been in-fighting over valuations and missing items of personal
property.
69. Wendy has made multiple offers as to how the distribution of personal property
can be handled, including private auction, or"round-robin" distribution.
70. Mandy and Laurie have refused to agree to a timetable or procedure for this
process.
� 71. Mandy and I,aurie have distributed personal property to themselves and their
children, in violation of their fiduciary duties to the Estate, Trusts, and one another as co-
beneficiaries.
72. Mandy and Laurie have no intention of taking steps to distribute the personal
property, resulting in waste and needless expense to the Estate and Trusts b� having to store the
personal property in rented storage facilities.
'73. As evidence by the foregoing, civility and communication has broken-down
between the fiduciaries with respect to the primary tasks that must be completed to wind up
Estate and Trust administration.
74. The lack of cooperation and communication has resulted in mismanagement,
waste, excess expense and loss of the Estate and Trust property.
PETITION FOR APPOIl'�TMENT OF LIMITED ADIVIINISTRA�'OR
AND TRUSTEE PRO TEM
75. The above-paragraphs are incorporated herein by reference.
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76. The Pennsylvania Probate, Estate and Fiduciary Code allows a co-fiduciary, at
any time, to petition the Court for appointment of a temporary fiduciary when the acting
fiduciaries are "in a position of conflicting interest or in any situation where his functioning as a
fiduciary for a temporary period may not be in the best interests of the estate." 20 Pa. C.S. §§
4301-4302 (emphasis added). :
77. Appointment of a temporary fiduciary is warranted where the acting fiduciaries
are unable to cooperate resulting in mismanagement of Estate of Trust assets. See generally In
re Estate of Martelli, 2012 Phila. Ct. Com. P1. LEXIS 318 (2012).
78. As set forth herein, it has been nearly two years since the death of Bernice J. Raab
and the bulk of the Estate and Trust assets (cash, marketable securities, real property and
personal property) have not been sold, conveyed, or distributed because Mandy and Laurie will
not agree to the same or even engage in negotiations to conclude the Estate and Trusts.
79. Mandy and Laurie are in a position of conflicting interest between their duties as
fiduciaries and their personal interest as beneficiaries of the Estate and Trusts. Further, they
have demonstrated animosity and hostility to Wendy, demonstrating that they cannot protect her
interests as a beneficiary.
80. Further, the inability of the Co-Executrices and Co-Trustees to agree on these
items of Estate and Trust administration demonstrates that l��andy and Laurie are acting in their
own self-interest and not in the interest of the Estate or T`rusts, and are therefore, clearly in a
position of conflicting interest with that of the Estate and Trusts and their duties to one another
as fiduciaries and co-beneficiaries.
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81. Mandy and Laurie, by repeatedly thwarting Wendy's legitimate attempts to wind
up the Estate and Trust administration, are not acting in the best interest of the Estate and Trusts
and are violating their fiduciary duties.
82. Under these circumstances, appointment of a Limited Administrator Pro Tem and
Limited Trustee Prom Tem is necessary pursua.nt 20 Pa. C.S. § 4301 for the specific purpose of
marshaling and selling the disputed Estate and Trust assets.
83. Ivo V. Otto, III, has advised Petitioner that he is willing to accept the position of
Limited Administrator Prom Tem of the Estate of Bernice J. Raab and Limited Tr��stee Pro Tem
Walter F. Raab Living Trust and Bernice J. Raab Living Trust. Ivo V. Otto, III, has extensive
experience involving fiduciary matters and is qualified to serve as Limited Administrator and
Trustee Pro Tem.
WHEREFORE, Petitioner, Wendy Robbins, respectfully requests that the Court grant the
"Petition for Appointment of Ivo V. Otto, III, as Limited Administrator Pro Tem of the Estate of
Bernice J. Raab and Limited Trustee Pro Tem of the Walter F. Raab Living Trust and Bernice J.
Raab Living Trust Pursuant to 20 Pa. C.S.A. �4301" and direct the Register of Wills to issue to
Ivo V. Otto, III Letters of Administra±ion as the Limited Administrator Pro Tem of the Estate of
Bernice J. Raab and to appoint Ivo V. Otto, III, as Limited Trustee Pro Tem of the Walter F.
Raab Living Trust and Bernice J. Raab Living Trust, and grant and direct Ivo V. Otto, III, to do
the following specific and limited duties:
1. Marshal all cash and m�rketable securities currently on account at Dominick &
Dominick, LLC in the current amount of$6,540,247 and distribute as follows:
a. $2, 073,415 to Wendy Robbins; and
b. $2, 073,415 to Laurie Ann Kucher; and
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c. $1,893,417 to Mandy Raab Carson.
Any amounts remaining after these distributions should be for payment of claims against
the Estate and Trusts and for fees and expenses incurred by the Estate and Trusts, including the
fees and expenses of Ivo V. Otto, III.
2. Prepare for sale and list for sale the real property located at 19750 Beach Road,
Apartment 506, Jupiter-Tequesta, Florida and sell this real property for the highest and best price
and thereafter make immediate distribution of the sale proceeds, less payment of any realtor's
commission and expenses, in equal one-third (1/3) shares to Wendy Robbins, Laurie Ann Kucher
and Mandy Raab Carson.
3. Prepaxe for sale and list far sale the real property located at 337 Seabright Road,
Ocean City, New Jersey and sell this real property for t�e highest and best price and thereafter
make immediate distribution of the sale proceeds, less payment of any realtor's commission and
expenses, in equal one-third (1/3) shares to Wendy Robbins, Laurie Ann Kucher and Mand.y
Raab Carson.
4. Marshal and sell all personal property of the Estate and Trusts, including family
photographs (with the exception of the two Mercedes Benz automobiles owned by the Estate) for
the highest and best price and thereafter make immediate distribution of the sale proceeds, less
payment of any auctioneers' commission and expenses, in equal one-third (1/3) shares to Wendy
Robbins, Laurie Ann Kucher and Mandy Raab Carson.
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R.es�pectfully Submitted,
,
�y: °�-�
Tho s A. French, Esquire
Atto ey I.D.No. 393p5
Jillian M. �alden, Esquire
Attorney I.D.l�to. 206510
RHOADS & SINON LLP
One Sauth Market Square, 12th Floar
P.O. Box 1146
Harrisburg, PA 17108-1146
{'T17}233-5731
Attorneys far Petitzoner, Wendy Rabbins
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VERIFICATION
Wendy Robbins, as Co-Executrix of the Esta.te of Bernice J. Raa.b and Co-Trustee of the
Walter F. Raab Living Trust and Bernice J. Raab Living Trust, deposes and says, subject to the
penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that she is
authorized to make this verification and that the facts set forth in the foregoing "Petition for
Appointment of Ivo V. Otto, III, as Limited Administrator Pro Tem of the Estate of Bernice J.
Raab and Limited Trustee Pro Tem of the Walter F. Raab Living Trust and Bernice J. Raa.b
Living Trust Pursuant to 20 Pa. C.S.A. §4301"are true and correct to the best of her knowledge,
information and belief.
�� w
We y Robbins
Date: 'Z��`tl�.o I�
893080.1
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CERTIFICATE OF SERVICE
I hereby certify that on this ZZ�dday of , 2013, a true and correct copy
of the foregoing document was served by means of nited States mail, first class,postage
prepaid, upon the following:
Neil E. Hendershot, Esquire
Serratelli, Schiffman& Brown
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9693
Attorneys for Mandy Raab Carson and Laurie Ann Kucher
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. : 11� T'HE CC►URT OF COMMQN PLEAS C�F
In Re; � : �UMQERLAND Ct7UNTY, PENNSYLVANIA
V1rAl.TER F. RAA►B LIVlNG TRUST, •
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and E�TATE C�F BERNICE J. RAAB No ���" � .�. � .:�'" �,
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ANC� �lOW, this��da af A ril, 2a12, u an conside�ration of the attached
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Em�rgency Petition ft�r injuncti�e E��lief, it is ORD�RED �nd DECREEE�that Mandy
Raab Carson and �aurie Ann R, �ucher, �nd �II persans acting in cancert wit�h them
and�or upon direction c�f them� ar� �n�ained, pending hearing �s s�'t fortt� below, from
(�) remaving any pecsanal property from the residences listed in the Pe�ition,
�2} otherwise removing or dissipating any assets held in the Tru�t, and {3} cc�-mingiing
�n}r persona.i prc►pert�nf the estate. Any tnird party h�ving passessiQn of�any property .
rem�ved from any of the residences listed in the Pefiition shali immediat�ly return such
property to the residences or place it intc� a stara�e locatio� which is not accessible to
Maridy Raab �arson ar l�aurie Ann R, Kucher pending fur�her Order of Court.
iT IS FURTHER C�RDERED that a citation be awarded, r�eturnable forthwith, to
M�ndy Raab Garson and Laurie An� R. Kucher, to shnw cause why they shouid not be
enjained, p�en+�ing c�ispc�sition of this rnat�er, as�allows:
{1} from remavrn+g any persana! praperty from fhe,residences listed in the
Petition, ,
(2l fram oth�rwise removing or dissipating any assets held in th�Trust,
r�turnahte at h��ring �s set for�h below,
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{3} frarrc camingling any property of the Estate ar Trusts;
t4} �rC►m ft�tth�.r exer�ise of powers �s execu�ixes c�r trust�es absent 4�'der of
Cour�;
� (5) ordered to pface into e$crow within Cumberland County, and without r�ght of
remoua! abs�nt consent of ail Trustees and benefici�ries t�r�rder�f Court, any and all
pr�perty of the E�tat� and the Trusts; and
(6� provide to Petitioner a camplete and accurate inventory of ai1 �state �nd
Trusts prQperky in their passession, a�wel! as the iocations of�II such pr�perky.
Hearir�g v�n the �mergency Petit�on for 1n�unctive Relief shall be �eld on
�����►`.�,_, the � ` day af Apri1, 20�2, at �1���""prevailing time, in
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�ourfiroom of th� Cumberfand County Courthvuse, H�rlov�r and H�gh Streets,
C�r�isle Pennsyl�ania. � t ���
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� !N TNE COURT C!F CONIMI'3N PLEAS
t» CtJMBERIJ�ND CO�lNTY, PENNSYLVANlA
In Re: � : No. 2�-12-398
1NALY�R F. �;AAB t1V1N� TRUST : ORPH�NS' CC)URT .
_.._..__..______�_______.,._,�__----�..,---------.�--____..------ ----- ..�,..__�..__�____.�.,.__-----_._„
In Re: : No. 21-12�399
B�RNICE J. RAAB LIVING TRU�T : ORPNANS' COURT
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� ESTATE �F f�ERNICE J. RAAS : ORPKA�NS' CC}URT
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1�ND NOW, this�day Qf May, 2�'i2, upan cansideratian of Petitianer's IVlation
far�antinuar�ce and Approval +�f Consalid�tion, it is C�RDEREQ and DLCREEt� th�t
�aid Motian is+GRANTED. The hearing scheduled for �;30 p.m. on May 'i�, Z��2, in the �
above-captianed matters is continued generally. A further request te► conduct a he�ring
in the�bove-capti�ned matters shall be initiat�d b.y the filing o�a new petitian by
P�ti�ione�. The Orders issued by the Court in thes� ma�ters an April 3, 2012, and April
17, 2Q12, to the ext�nt not specifcally supe�seded by this C�rder, rernain in �f�ect �
pending further t3rder c�f Court.
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IT IS FURTNER ORDERED that the abo�re-captianed matters are her�by
consolidated. The ac�EOn dociceted �t No. 2�-1Z-398, the actiort docketed �t No. 21-12-
3�9, and #he action dacketed at No. 2'f-11-$�2 are hereby CONSC)L1DAT�D urtd�c No.
21-11-84�. All further filings shall be under this acti�n. �onsolidation shall not prejudiee
any pr�-exis#ing rights of the �arties.
T; �
Thamas A. a y
, �iudge, Sitting i Qrphans' Caurt Uivi�ion
Distribution List �
Alan R. Boynton, Mc[�lees Wall�ce & Nurick �.LC, 1�� Pine St, PU Box 1166,
Harrisburg, PR 1?'1 D8
Rleil E. Hendershot, �errate!(i, Schiffman & E3rown, 2080 Lingl�stown Rd., Ste. �U'1,
Harrist�urg, PA '17114-9693 �
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' C�URT
-------------------------------------------------------------------------------------------------------------
In Re: : No. 21-11-842
ESTATE OF BERNICE J. RAAB : ORPHANS' COURT
STIPULATION AND ORDER
WHEREAS, Petitioner Wendy Robbins and Respondents Mandy Raab Carson
and Laurie Ann R. Kucher (coliectively, "the Parties") are siblings and the daughters of
Walter F. and Bernice J. Raab; and
WHEREAS, upon their deaths, Walter and Bernice Raab passed substantially ali
of their assets to the Walter F. Raab Living Trust and the Bernice J. Raab Living Trust
(together, "the Trusts"); and
WHEREAS, the Parties are the ca-Trustees of the Trusts and equa! co-
beneficiaries of the Trusts; and
WHEREAS, the Parties are also co-executrixes of the Will of Bernice J. Raab
("the Estate"), the beneficiary of which is her Trust; and
WHEREAS, the Trusts contain or are the equitable beneficiaries of, inter alia,
three residential properties and the contents of the following three residences: (1) 1736
Crisswell Place, Camp Hill, Cumberland County, Pennsylvania (the "Crisswell Real
Estate"); (2) 19750 Beach Road, Apartment 506, Jupiter-Tequesta, Florida (the "Florida
1
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Real Es�ate"}; and �3� 337 �eabright Road, �cean C�ty, New Jersey {#he "Ocean Ci�
Real Estate"} {collectively, "t�e Real Estate"}; and
WHEREAS, t�e Trusts also cc�n�ain or are the equi#able beneficiaries c�f, inter
alia, a�l furnishings, motor vehicles, and personal property �excepting th�e persc�nal
property unanimously divid�d by�I�e Parties at�t�e two weekend r�eetir�gs attended by
all af them in the Fa�l af 201'1} located, as t�f July 2�, 2�'{1, at the Rea[ Estate {the
"Prt�perty"}; and
WH�F�EAS, on April 2, 2012, �he above-cap�ioned matters vtrere initiated by the
�lir�g of an Emergency Peti#`sar�for Injun�tive Relief tc� Prevent Dissipatian and
Comingling of Assets {"Emergency Petitic�n�'}; anc�
WHEREAS, c�n Apri13, 2�1�, �he Court granted the Emergency Petition and
scheduled a hearing f4r Ap�i# 17, 2012, �o consider a reques#far f�nal decree; and
WHEREAS, on April 4, ��'�2, Petitioner filed a IV�otion to Cor�solida#e the three
above-captioned matters; and
WHEREAS, on April 11, 2012, Peti#ioner f�led ar�Am�ended Peti#ian fc�r Injunctive
Re�ief{"Amended Petitian"} in #he above-captioned matters, and
WHEREAS, on April ��, 2012, Neil �iendershot, Esquire, entered �is appearance
in the abc�v�-captionec� matters on behal#c�f Respondents, in�ending #o respand to the
Amended Petitian t�n be�al#c�f Responden#s, wha disagree wi�h averments in bath
pe�ifiions and who wauld reques�contrary relief fram the Court; and
WHEREAS, an April 1 G, 201 Z, the Court continued the hearing tr� ccansider the
Amended �'etition; ar�c�
INHEREAS, the hearing has been res�cheduled for May 10, 201�; and
WHEREAS, the Parties desire �o discuss and negotiate the matters raised ir� the
petitic�ns and alsa all c�th+�r matters inv�lving the administratic�n af the Estate and Trusts,
incfiuding tax retums; and
1NHEREAS, the Parties acknawledge and understand that�hey are fiduciaries of
the Es�a#e and the Trusts and that any and all Pr�perty tak�n or possessed by�hem is
held by them in tr�s�f�r the beneficiaries of the Es#a#e and Tr�usts and that possession
of any Property at this�ime does not reflec�a right of ownership in such Property; and
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111
1 ;
WHEREAS, The Parties express their desire and intentic�n to deal with each
ot�ter with reasonab#eness, due diligence and in go�d fai�h in the administra#ion of the
Esta�e and �he Trusts, and to r�ea1 with each other similarly in such discussions and
negc�tiations seeking resalution �f issues raised or adminis�rative tasks to be conduc#ed
#c�r the Es�ate and Trusts; and
N�JW, THER�Ft�RE, the P�rties, by#heir undersigned c�unsel, who have been
authorized respectively to execute this 5tipulati�n an their �ehalf, hereby agree as
follc�ws, and fur�her make their joint stipulati+�n and request for an t�rder af Court, as
f�llows, unless $ubsequen#ly al#ered by su�sequen�written agreement of a[1 Parties:
1. The issues raised in the Amended Petition and any response theretc► by
Respondents will be heard at a time and date ta be determined by the Court.
Respondents shall nat be required to respond tc�the Amended Petition until twenty days
af#er notice is provided by Petiti�ner's couns�l that settlemen�discussions have failed.
2. �ending turther t�rder of Court, the Parties agree that, absent agreemer�t
of all three af them, they will not remove any properky of any kind from the F�eal Estate -
or any storage units contairrin� estate ar Trusts property or leased on behalf of the
estate or Trusts. No Party or their reiatives s�all case ar inhabit any Rea1 Estate for
persvnai purposes.
3. Without waiving any ri�hts under applicable 1aw as to iong-term fiduciary
decisian making, during the effective period of this Stipulation, any actions taken and
decisions made on behaif af#he Estate or the Trusts shali require the unanimous
consent�af ail the Parties.
4. Within fourteen (1�} days of this �tipulation, each Party shall deliver t�o
each other Party sworn written inventories, witn descriptions and current lacatians of
any Property taken from #he Real Estate ar� ar after the date of death of the Decedent,
that is, July 2fi, 2011, including such Praperty that each Party presently passesses or
controls ar which each Party gave or transferred to any third person since that date. To
the e�ent that they exist, the par�ies sha{i deliver ta each ather any carresponding
appraisal value� and appraisal numbers for each item obtained to date.
5. The Parties shail segregate and safeguard any Property of the Estate or
Trusts with their personal property o►r that of any other person or entity.
3
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� �
�. All Prcaperty within a Party's passession crr control shail be preserved by
them a�fiduciaries and nane of t1�em shafl dispase of, #ransfer or otherwise dissipate
any propecty of the Esta�e or Trusts. All Property shali be stored in aff site storage
facilities lacated near the Party's primary residence in segregated units held for the
benef�t of the Es#ate or Trusts.
7. Fc�r�urposes c�f administra�ior� �f th� Esta#e c�r Tr�sts, each Party shall
have access {using keys c�r access cades} #o eac� off site sto►rage#acility rented by
ano�her Party c�r the estate cantainir�g some Property with at least 48 hours notice in
advance to tfte other Parties. Entry shall be accomplished only in the presence of
Danna Mullin or any e►ther neu�ral third-party accep#able#o the Party whQ rented tha#
particular storage facility. Nd Party shall �e excluded from access where such
conditions are me#. No property shail be removed withc�ut the ct�nsent �f all Parties.
8. �s �aon as can reasonably be arranged, �he Parties will make available#a
photog'raphers selec�ed by the undersigned counsel any anc� a11 Property possessed o�
cantrolled by them. Said photographer�s} shall be given acc�ss tc� photograph all such
Property upan reasc�nable natice tc�the ��rties in possession ar contral. The
photographer(s} sha11 photograph all Prop�rty and attempfi to pravid� reasanable and
detailed views of eac� item of Property. Capies of all photagraphs wii[ be prc�vided to all
Parties. The costs af the phatos shall be bor�ne by the Esfa�e.
9. The Parties shall executr� sworn verifcatians that�hey have prc�vided #o
the p�c��agraphers access�o all Praperty w�ich they possess c�r control c�r which they
other�vise have retrieved from any af the Real Estafe c�n or after J�ly��.
'10. Vllithin fourteen (14} days af�his Stipulation, each F�arty w�ll provide ta
each ather all phatographs taken on or aft�r July 2fi, �01'�, by them, c�r by those under
their direc#ion or c�ntrol, of any of�he Praperty.
11. Within five {5} days of this Stipu#a#ia►n, Petitic�ner shall provide�o Donna�
Nfullin, Esq., copies of�he photagraphs of Property taken previously at the Florida Rea�
Estate. Ms. Mu11in shall provide said photos to Respandents wfthir� ten {10} days
follawing prov"rsion ta Petitioner of the written inventaries and phatogra�hs identified in
Paragraphs 4 and 10 herein.
�
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t �
12. The vehicles previously located at the Crisswe[i Reai Estate shalf be
s#ored at Sun 1�Ilotars. Documentation regarding such storage shall be provided to aii
parties upon #he signing of this Stipulation. Ail keys shalf be given to and retained by
the propri�tor thereaf. The reasanabie storage costs for such Property shalf be borne
by the Esta#e.
� �3. The Estate shall pay far the cleaning and repair af the Crisswell Real
Estate in preparation for closing. The ultimate responsibility far the cast of speci�c
repair items shall be determined by further agreement or Order of Caurt. The Parties
agree to cc�operate and undertake all actions necessary to ensure that clasing for the
saCe of the Crisswelt Real Estate shall be consummated pursuant to the agreement of
sale for that real estate.
14. /�!! proceeds from the sale Qf the Crisswell Real Estate shall be added to
the existing Estate ar Trust accaunts managed by the Estate's accauntant, Donna
Mullen, �PA, fc�r purposes of#he administratians of the Estate and Trusts, subject to tF�e
limitatians of Paragraph 3.
'[5. �"his StipulatiQn, once executed by counsel and approved by the Caurt,
shal! b�e docketed in the record of this matter, which has been consolidated under the
three above-ref�renced docket numbers.
WHEREFC�RE, the Parties in #he above-captioned action respectfully request this
Honorable Cour#to approve the terms of this Stipulation as an Order of the Court.
SERRATELLl, �CHIFFMAN & BRC7INN, P.C. MCNEES� WALLACE & NURiCK LLC
BY: BY:
Nei! E. Hendershot, Esq. Alan R, Boynton, Jr., Esq.
2080 L.inglestown Rd., Ste 201 '!40 Pine Street
Harrisburg, PA �7'I 1�-9693 Harrisburg, Pa '17108-11 fi�i
Dat�d: Dated:
Attorneys for Respondents Attorneys for Petitianer
5
� s
aPP�ovEa:
Qate:
PLA�EY, J,
6
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.iifiian Golden
t�rom: Thomas A. French
5ent: Wednesday, lune 19, 2fJ13 1:27 PM
To: Neil Hendershot
Subject: FW: Raab:Ocean City RiJ Praperty; distribution af cash and securities
Neil,
1 take this apportunity to write to you regardi�g the many autstanding matters that need to be addressed by
the TrusteesjExecutrices. Although we have addressed some of the day to day bill paying, asset liquidation
and maintenance issues,your clients have no# responded ta aur request to address some of the more
significant remaining matters of estate administration that need to be addressed. 1 am writing once again in
an effort ta get a response from yaur clients o� these issues.
(�n,lune G, 1 wrote ta you summarizing the issues you and I had discussed over the prior several days. Among
these issues were 1) distribution of cash and securities in these estate/trusts that are unnecessary far estate
administratian; 2} agreement on a process for distribution or(iquidation of items of personal property; 3)
distribution of eopies af family phatos in Mandy's possession; 4} {iquidation of the real estate assets;
5} reimbursement of fiduciary expenses and resolution of ather disputed issues as outiined in my June 6
email.
�n�une 7,you emailed me that yau had "respondedtj to my lune 6 email, �yau told me this twice}, but ta
date, no such respanse has been received. 1 sought ta follow up on this with you, several times.
Ctn lune 12, I emailed yau regarding Donna Mu11in's suggestion regarding distribution of estate cash and
securities. She wrote ta us both, advising us of the balance of these accounts {$�,540,247} and suggest'sng that
al! of these accounts should be distributed to the bene�iciaries, except for$SOO,�Ot�which she stated would be
sufficient to meet the remaining needs of the estate/trusts until they are finaliy adjudicated. ! sent you a
recammendation and request that your clients agree to distribution of these assets. (copy below�.
To date,your clients have made no response to fihis request at all.
I would like yaur clients ta kindly respond to each of t�e following requests, an c�r before Monday..lune 24:
1. Please authorize distributian of cash �nd securiti�s held by the trusts and estat�, less$5CIC1,040 as
Donna recommends, ta be made prior to June 34th: �
Ca�h and in kind securities valued at$2, 073,415 each to Wendy and Lauree;
Cash and in kind securities valued at $1,893,417 plus credit of$180,000
{for the advance)to Mandy
Tatal �maunt distributed $6,04�,247
{plus Mandy`s advance} 18�,OOC�
2. Please authr�rize entry into a listing agree�nent for the real estate located in Florida (the executrices
have all discussed that there is one realtor who is qualified to list this property and it is not �nticipated that
there wil! be disagreement on this point} sa that it can �e sold at fair market�✓alue.
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3. Please authorize entry into a listing agreement for the real estate lacated in t�cean City. Both Mandy
and Wendy have indicated that they wish to purchase this property at the right price, but there is
disagreement among the Executrices as to its fair market value. Thus, it should be offered publicly and said to
whomever makes the highest and best affer.
4. Piease propose a pracess and prompt timetable far distributing a!I persona! property to be agreed upon
by ail parties. Failing a�greement an a pracess a�nd�imetable, then please authorize entry into an agreement
with a qualified auctianeer,who will auction off the items af personal property to the highest bidder at public
auction. The three sisters will be permitted to bid on these items if they wish to da sa.
5. Please ask Mandy to agree to have capies made of all photos of family (digitally}to be distributed to
each of her sisters and notify us af her agreement to do so.
f. Please agree that each Executrix shall prepare a list of expenses far which they will seek,reimbursement
far submission as claims against these estate/trusts. These can be resolved through further negatiation or
pursuant ta the usual Orphans' Caurt approval process, in the ordinary course.
Kindly respond by June 24, agreeing to the above, or in case of disagreement with any item, affering a counter
praposal as to how that item should be handled. i�indly resp+and in writing.
The Executrices hav�e agreeci that they snall act unanimously regarding these administratian issues. The
purpose of this email i�to determine which of the abave i.t�ms the Executrices can agree upon unanimously,
and which ofthem theycannot agree upon and are at an impasse.
Thankyau
Tom .
Thomas A. French
RH4ADS&SlNaN LLP '
Qne Sou#n Market Square � P.Q.Box 3146 � Harrisburg,PA 17188-1146
T:�717)231-6625 � F:{71�)238-8622
e-mail:tfrench@rhaads-sinon.cam
http:f�,www,nc��adssinon.com/attorneys•Thomas-French-Litigat�ar�-Attorney.html
From:Thomas A. French
Sent: Wednesday,June 12, 2Q13 1:42 PM
To: 'Neil Hendershot' � .
�ubject: RE: Ra�b. Ocean City NJ Praperty; distributian of cash and securities
Neil,
1 am responding to your below email.
1. lnsurance: Wendy agrees to the inspector and payment as described in yaur emaii.
2. Pool: Wendy approved the poo! restoration an 4/28 and again on 5/4.A{though she agr�es that est�te i`unds
may be used to pay these expenses,she does not waive her right to contend that yc�ur clients are ultimately
responsible to pay for the restaration since their refusal to pay�or maintenance last year resulted in the paal
2