HomeMy WebLinkAbout07-23-13 t �
Thomas A.French,Esquire � t=:� _,..� ...:,
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Attorney I.D.No. 39305 � � `°`°~' ,-��. �.�
Jiilian M.Galden,Esquire � � �� _; ,�:�
: Attarney I.D.No,20651Q � r=� °;jY
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RHQADS&SINON LLP :� � a ,y.-? ;,,,� . ,
One South Market Square, 12ttt Floor � : ; � n -
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P.O.Box 114b ,�,��- TM µ . < .
Harrisburg,PA 17108-114& _� � {�" LL. ;
{�17}233-5731 �", . `.�' _.
Attarneys fvr Petitioner,Wendy Robbins ° �'; t...� ���°
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IN THE �(JU`RT OF COMMtJN PLEAS �
()F C�JMBERLAND COUNTY',PENNSYLVANIA
In Re; ; Na. 21-12-3 98
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WALTER.F, R,AAB LIVTNG TRLTST ; t�RPHANS' �OURT
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In Re: ; No. 21-12-3 99�
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BERNICE J. R.AAB LIVING TRUST ; C}RPHANS' Ct�URT
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In Re: ; No. 21-11-842
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ESTATE{�F BERNICE J. R..AA.B ; �RPHANS' C(�UR.T
PETITION FUR APPOINTMENT UF IV�D V. OTTC},III AS LIMITED
ADIVtINISTRATOR PRQ TElYI QF THE ESTATE t�F BERNICE J. RA.AB
AND LIIVIITED TRUaTEE PRQ TEM C�F THE WALTER F. RAAB
LIVING TRUST AND BERNICE J. RA,AB LIVING TRUST PURSiJANT
TQ 2Q PA. C.S. �,4301
NOW Ct31VIES, Petitioner, Wendy�.2obbins,�{hereinafter"Petitioner" or"Wendy"} in her
capacity as Co-Executrix of the Estate of�erniee J. Raab ("the Estate"} and Co-Trustee of the
Waiter F. Raab Living Trust and Bernice J. Raab Living Trust (callectively "the Trusts"}, and
hereby petitions the Orphans' Caurt Division of the Cumberland County Caurt af Comr:�.an Pleas
to appoint a Limited Administrator Pro Tem and Limit�d Trustee Pro Tem of the afarementi�ined
Estate and Trusts for the specific purpose of marshaling and selling certain Estate and Trust
assets because the acting and appainted Co-�xecutrices and Co-Trustees are in a positian af
canflicting i�.teres�and cannot agree on the proper administration and distribution of these assets
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resulting in delay, Ioss of value, and harm ta the Estate and Trusts. In support of this Petition,
Petitioner at�ers as follows:
INTRODUCTIUN
Three sisters, namely, Wendy Rabbins, 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 distributian of the following Estate
and Trust assets: (1} distribution of marketable securities and cash currently on account at
I)ominick & Dominick LLC valued at $6,540,�47; {2) sale andlor distribution of rea� property
lt�cated in Jupiter-Tequesta, Fiarida ("the Flarida property") and {�cean City, l�Tew Jersey ("the
New Jersey property"}; and(3} sale andlor distribution of persanal property previously located in
Camp Hil1, Pennsylvania at the family hamestead {hereinafter `��riswell property"), personai
property previausly and currently Iocaied at the Florida property, personal property lacated at the
New Jersey praperty, and family photographs located at the home of Mandy Raab Carson, These
assets are referred to collectively herein as the "Disputed Assets."
The inability af the fiduciaries to work cooperatively to liquidate and distribute the
Disputed Assets is based, in substantial part, an the self-interest of Mandy Raab Carson and
Laurie Ann I�.ucher, who have an interest in obtaining Trust property, specifically, the New
Jersey property, helo�v fair market value. �'he self- inter�st of these fiduciaries has created
canflict, delay, and carresponding harm to the Estate and Trusts, and ta Wendy as a co-
beneficiary. For these reasons, as explained mare fuily herein, this Caurt may appoint a Limited
Administrator Pro Tem and Limited Trustee Pro Tzm to liquidate the Disputed Assets and
distribute the proceeds ta the beneficiaries.
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PARTIES
1. Petitianer is an adult individual residing at 513 Brom Court, Mechanicsburg,
Cumberland County,Pennsylvania, 1705Q.
2. Respondent, Mandy Raab.Carson ("Mandy"), is an aduit individual residing at
I I 1 Bentley L?rive, Pittsburgh, Pennsylvania, 15238.
3. Respandent, Laurie Ann Kucher {"Laurie"}, is an adult individual residing at 126
t)1d Quarry Raad, Clinton, Pennsylvania, 1502C.
4. Wendy, Mandy and Laurie are sisters, and the daughters of the late Walter F. an�
Bernice J. Raab.
5. Walter F. Raab died an Apri13, 2003 and Bernice J. Raab died on Juiy 26,201 l.
6. Together, Wendy, Mandy and Laurie, are the named and acting Ca-Executrices af
the Estate and Co-Trustees of the Trusts.
7. The named beneficiary of the Estate of Bernice J. Raab is the Bernice J. Raab
Living Trust.
8. Wendy, Mandy and Laurie are equal beneficiaries of both the Walter F. Raab
Living Trust and the Bernice J. Raab Living Trust.
9. Additionally, Wendy, Mandy and Laurie, are equal beneficiaries of an Irrevc�cable
Agreement of Trust dated November 9, 19�0, as directed by Bernice J. Raab through the exercise
c�f her Iimited pawer of appointment.
P�OCEDI.TRAL�I�Tt.�RY
10. On Apri12, 2�12, Wendy commenced proceedings against Mandy and La.urie by
filing an Emergency Petition for Injunctive Relief to Prevent the Dissipatian and Ca-Mingling
af Assets. At that time, Wendy alleged that her sisters had raided Estate and Trust prpperty and
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were co-mingling and dissipating Estate and Trust property in vioiation af their fiduciary duties
ta the Estate and Trusts and to Wendy, as an equal co-beneficiary.
1 l. tJn Apri1 3, 2012, the Honorable Thamas J. Placey issued a Preliminary Decree
providing as foliows:
And now this 3rd day of April, 2a12, upon consideration of the attached
Petition for Injunctive Relief, it i.s ORDERED and DECREED, that
Mandy Raab Carson and Laurie Ann Kucher, and a11 persans acting in
concert with them and/or upon directian from them, are enjoined, pending
hearing as set forth below, from {1) removing any personal property from
the residences listed in the Petition; (2} otherwise removing or dissipating
any assets held in the Trust, and {3} co-mingling any personal property of
the Estate.
A capy of the April 3,2012 Preliminary Decree is attached hereto as Exhibit"A."
12. t�n April I1, 2012, Wendy filed an Amended Petition requesting, inter alia, that
Mandy and I�aurie be removed as Co-Executrices and Co-Trustees of the Estate and Trusts. A
hearing was set an the Amended Petition for April 17, 2012.
13. On April 17, �012, Wendy filed a Motion far Continuance requesting that the
April 17, 2012 hearing be postpaned to the next h�aring date while the parties negotiated the
"primary remaining issue" in the Amended Petition, vvhich was Wendy's request far remaval of
her sisters as co-fiduciaries. The parties agreed t� l�eep the April 3, 2012 decree in place and to
extend its application to Wendy.
14. DUTIII� ��IlS f1I11�, Wendy, Mandy and Laurie, by and thraugh caunsel, began
discussing a propQSed stipulation to govern interim Estate and Trust administration issues.
I5. On May 14, 20I2, relying in good faith on Mandy and Laurie's representations
that they intended to enter a stipulation, Wendy filed �.nother Motian to Cantinue the hearing an
the Amended Petition and to cansolidate the praceedings in relation to the Estate and Trusts,
which were separately dackete�.
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16. C)n May 14, 2Ci 12, the Court granted Wendy's Motion, consalidated the matters
and, generally continued the hearing on the Amended Petition. The 1VIay 14, 2Q 12 t�rder stated:
A further request to eonduct a hearing in th� above-captianed matters shall
be initiated by the filing af a new petition by Petitioner.
A capy of the May 14, 2U 12 Order is attached hereto as Exhibit"B."
17. Throughaut 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
Ca-Trustees and, to provide a systematic method for inventorying and appraising the personal
property �nd �utomabiles owned by the Estate and Trusts. A copy of the Stipulation, which the
parties agreed ta an June 19,2012, is attached hereto as Exhibit"C."
1$. The Stipulation expressly pravides that "any actions taken and decisions made on
behalf of the Estate or Trusts shall require the unanimous consent af all the Parties."Id. at¶3.
19. The Stipulatian likewise provides that "the Pa�ies express their desire and
int�ntic�n to deal with each other �vith reasonableness, due diligence and in goad 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�ues raised ar administrative tasks to be conducted for
the Estate and Trusts.��
20. After Wendy agreed ta continue the hearing and the parties agreed to all af 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. Hawever, motivated by their callective
interests, Mandy and Laurie have delibe�rately failed to reach agreement as to the dispositic�n of
the Disputed Assets, and the parties are at an impasse as ta these issues.
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FACTUAL BACKGROiTNI�
21. The abave Par.agraphs are incorporated herein by reference.
22. 1Vlandy and Laurie have demanstrated, by their conduct and course of dealing
since C}ctober 2U11, that they do nat intend to work in good faith or to coaperate with Wendy on
matters of Estate and Trust administration, specifically; the liquidatian and distribution of the
Disputed Assets, because they are motivated by their own self- interest.
23. The lack of caoperatian and communicatian,together with growing animosity and
hostility among the Co-Executrices and �o-Trustees, escalated ta the point of a physical
altercation in February 2�12, where Laurie assaulted Wendy while the sisters attempted to
distribute personal praperty at the Criswell praperty. Laurie was ultimately found guilty of
harassment by the Hanorable Alfred Masland, following a bench trial.
24. As early as June 20I2, Wendy, thraugh counsel, recornmended that the parties
negatiate a global settlement af the major Disputed Assets, but Mandy and I.aurie inexplicably
indicated that"settlement negotiations are not appropriate now."
25. In January 2�l.3, the parties proceeded to mediation to address distribution of the
Disputed Assets, and other issues, since they were deadlocked and unable to mave forward.
26. The mediation was unsuccessful.
27. In May 2�13, the parties were able ta address some minar, irnmediately pressing
administration issues, such as appaintment af a new bill payer far the Estate a,nd Trusts,
distribution of approximately $19,a�0 fram a Bank of America account, and ta agree to the sale
of two Mercedes Benz automobiles owned by the Trusts.
28. However, the parties h�ve been unable ta reach a� type of agreement regarding
administratian or distribution of �he Disput�d Assets, and Mandy and Laurie have not
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meaningfuliy responded to any requests ,for disposition of the assets made by V�endy since
June 6, 2013.
29.. �s set forth herein, there has been ongaing, long term disagreement regarding the
Disputed Assets, and Court intervention is now necessary to move administratian of the Estate
and Trusts forward.
�istributian of�ash and Marketable Securities
34. Collectively, the Estate and Trusts hold approximately $6,54�,247 in cash and
marketable securities. The cash and securities can be distributed immediately, in l�ind, to Wendy,
Mandy and Laurie as equal co-beneficiaries.
31. Mandy xeceived an advance distribution of$18�J,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, VVendy and Laurie, as equal co-beneficiaries.
32. On June b, 2013, 'Wendy, through caunsel, requested that the parties agree to an
immediate distribution of the cash and market�ble securities.
33. Wendy set forth an itemizatian of the available cash and securities, along with a
recommendatian that $SO�,aO��be withheld as a contingency. This cantingency amaunt was
suggested by Donna Mullin, the accmuntant to the Estate and Trusts, and represented a
reasonable estimate of fees and costs that the Estate and Trusts may incur going farward.
34. Wendy repeatedly requested that her sisters respond to her request for immediate
distribution af the cash and securities.
35. Mandy and Laurie did nat respund.
36. t�n June 19, 2013, VVendy �gain re�commended an immediate distribution of the
cash and securities and requested that if h�r sisters apposed this request, that they affer "a
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: counter proposal as to haw that item shau�d be handled." A capy af the June I 9, 2a 13 email is
attached hereto as Exhibit"D "
37. Mandy and Laurie did not respond to Wendy's praposal and have not offered a
meaningful counter-propasal, only stating, thr,aug� eounsel, that they suggest a partial
distribution of$150,000 without any justification for this minar distribution.
3 8. 1Vlandy and Laurie are attempting ta leverage their refusal to distribute the cash
and securities to benefit themselves and their gaal of purchasing Trust property belaw rnarket
value, namely, the l�Tew Jersey praperty, by withholding funds from Wendy to induce her ta give
up rights to the New Jersey property.
39. Mandy and Laurie's re�'usal to authorize distribution of the cash and securities is
motivated by self-interest and animosity towards Wendy, and tl�erefare, is contrary to �heir
fiduciary duties. See 20 Pa. C.S. §7772.
4U. The cash and marketable securities are available for irnmediate distribution and
Mandy and Laurie have not advanced any legitimate reasan as ta why these assets cannot be
distributed to Wendy, Mandy and L,aurie as equal ca-beneficiaries af the Estate and Trusts.
41. A Lirnited Administrator Pro Tem and Limited Trustee Pra Tem should be
appointed to marshal the cash and securities and make proper distributic�n of the same in a timely
and efficient manner because the acting and appointed cc�-�1C�UCl�r1�S �.Y`�C���t�IOCICet� t311��'IIS 1SSU�
and Mandy and Laurie's capacity as beneficiaries is in direct canflict with their pasition as
Trustees. �
Liquidation and Distribution of Real Pro�ertv Located ir�
Ne�v Jersey and Fiarida
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42. At present, the Trusts contain, ar are the equitable beneficiaries of,twa residential
p�raperties,the cantents of those properties, and the contents removed from the Cris�ell property.
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43. The Florida property is Ioc�.ted at 19�SU Beach Road, Apartment 5�6, Jupiter-
Tequesta, Floricla.
44. The New Jersey property is located at 337 Seabright Road, Ocean City, New
Jersey.
The New Jerse�Pro�ertv
45. The parties are unable to agree to the distribution ar sale af the New Jersey
property.
��. 1Vlandy and Laurie have previous�y offered to purchase the New Jersey property,
but have offered to do so anly at a price, which is substantially under the current market value of
the property, and does not benefit the Estate or Trusts, and would c�nly serve to benefit Mandy
and Laurie individually.
47. Mandy cantinues to want awnership af the New Jersey praperty, and because of
this self interest, it is averr�d that 1Vlandy is intentior�ally delaying winding up of the Estate and
Trusts to induce Wendy to relinquish her intere�t in the New Jersey praperty.
4$. �Vendy also is interested in acquiring the New Jersey praperty and has requested
that it be listed far 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.
5�. Bernice J. Raab died on July 2�, 2011; the New Jersey property has never be�en
listed for sale and the property has sat idle�'or nearly two years.
`S I. Mandy and Laurie's refusal to t�.ke steps to list the New Jersey property for sale,
and otherwise acting in their t�wn self- interest to purchase this property below fair mark�t 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 ta agree an sale ar distribution of the New Jersey
property, this asset,should be marshaled and so�d 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 beneficiarie� and duties as Co-Trustees. �
The Florida Propert�y
53. The Florida property eosts appraximately$4d,{�00 a year to maintain.
��. Like the New Jersey property, the Florida praperty has not been listed for sale and
has sat idie for nearly twa years.
55. In February 2013, the parties confirmed selection of a reaitor in Florida and, in
June 2013, Wendy advised that she wauld secure a listing agreement for signature by t�le Co-
Trustees. See EYhibit D. �
56. Thereafter; Mandy and Laurie inexplicably, and without justification, refused ta
r��ove forward with listing t�.e Florida property far sale.
�7. It is believed, and theref�re averred, that Mandy and Laurie's refusal to move
forward with the sa�e of the Florida prape�ty is yet another part of their camprehensive scheme ta
delay administration, in an effort to achieve their av�m persanal gaal of obtaining the New Jersey
property under fair market value.
58. There is no Iegitimate reason for the Estate and Trusts to continue to hold this real
property and to expend substantial Trust assets to pro�ride far its continued care and maintenance
in the annual amount af$40,400.
5�. Given the clear inability of the parties to cooperate and proceed with due
ailigence with respect to the sale af the I�ew Jersey property and Florida praperty, based in
substantiai part on 1Vlandy and Laurie's self-interest as beneficiaries, a Limited Ad.mini5tratar Pro
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Tem and Limited Trustee Pro Tem should be appointed to marshal arid seli these real properties
for the highest and best price and make immediate distribution of the sale proceeds.
Distribution of Personal P�rapertv of the Estate and Trusts
f 0, The Criswell property, Fiorida property and New Jersey property contain or
cantained valuable items of personal property, which were removed and transported by Mandy
and Laurie, withaut the authorization or cansent of Wendy.
6I. Qn Octaber 30, 2011, without natice ta We�dy, Mandy and Laurie remaved 22
boxes af valuable personal property from the Criswell property to their personal residences.
62. On December 12, 2011, without notice ta VVendy, Laurie and Mandy flew ta
Florida and removed valuable items af personal property from the Flarida property, including,
crystal, china, silverware, collectibles, oriental rugs, furniture, artwork, Iamps, and Bernice J.
Raab's clothing and shipped this personal properfy to their residences.
63, On Apri1 2, 2012, Mandy and Laurie cammenced anather raid on the Criswell
property and hired mover� ta remove substantial Estate and Trust property to their persanal
residences. �
b4. The (Jctober 2�11, December 2�11 and Apri1 �O l 2 raids were without notice ta
Wendy, and against the specific directian af Dorxna Muliin, the fan�ily's attorney and the
accoumtant ta the Estate and Trusts, wha specifically instructed Mandy and Laurie not to remave
any personal property from any real estate. Mandy and Laurie's actions necessitated �Vendy
filing the above-referenced Emergency Peti�ion for Injunctive FZelief.
b5. It is believed, and therefore averred, that this personal prope�ty is currently
located in storage sheds, as ag�•eed upon by the parties in the Stipulatian. See Exhibit C.
66. Alsa, as agreed upon in the Stipulation, the parties have each �photographed,
inventoried and crass-referenced to the appraisai the items af persanal property taken from the
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three residences. The parties have delivered these photographs and inventaries to Danna Mullin,
the estate/trusts accounta.nt.
67. The parties, however, remain unable to agree to an equitable distribution of the
personal property or even agree upan a method far distribution.
68. The parties have been in-fighting over valuations and missing items of personal
praperty.
69. Wendy has made multiple o�`fers as to how the distribution of personal property
can be handled, including private auction, or"round-robin" distributian.
70. Mandy and Laurie have refused ta agree ta a timetable or procedure far this
process.
7I. Mandy and I,aurie have distributed persanal property ta themselves and their
children, in violation af their f duciary duti�s to the Estate, Trusts, and one another as co-
beneficiaries.
72. Mandy and Laurie have no intention of taking steps �ta distribute the personal
property, resulting in waste and needles� expense ta 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 t�.sks that must be eompleted to wind up
Estate and Trust administration.
74. The Iack of cooperatian and c�mmunication has resulted in mismanagement,
waste, excess expense and Ioss of the Estate and Trust property.
PETITI{JN FUR APPt�il'+�TMENT UF LIMITED ADII�IINI�TRATUR
AND TRUSTEE PRO TEM
75. The above-paragraphs are incarparated herein by reference,
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76. The Pennsylvania Probate, Estate and Fiduciary Code aliows a co-fiduciary, at
any time, to petition the �ourt for appointment of a temporary fiduciary when the ac#ing
fiduciaries are "in a positian of con,flicting interest or in any situatic�n where his,functioning as a
. fid'uciary for a temporary periad may not be in the hest interests o�the estate." 2{� Pa. C.S. §§
4301�-4302 (emphasis added).
77. Appaintment of a temporary fiduciary is warranted where the acting fiduciaries
are unable to caoperate resulting in mismanagement of Estate of Trust assets. S`ee generally In
re�state of Martelli, 2412 Phila. �t. Com. PI. LE�IS 318 (2Q12).
7$. As set forth herein, it has been nearly two years since the death of F3ernice J. Raab
and the bulk of the Estate and Trust assets (cash, marketable s�curities, real property and
personal property} have not been sold, conveyed, ar distributed because Mandy and Laurie will
not agree tcr the same or even engage in negotiations to canclude the Estate and Trusts.
79. Mandy and Laurie are in a position of confl.icting interest between their duties as
fiduciaries and their personal interest as beneficiaries of the Estate and Trusts. Further, they
have demanstrated animosity and hostiiity to Wendy, demonstrating that they cannot protect her
interests as a beneficiary. �
$0. Further, t�e inability of the Cc�-Executrices and Co-Trustees to agree c�n these
items of Estate and Trust administration de�nonstrates that R�Iandy and La�urie are acting in their
awn self-interest and not in the interest af the Estate ar T'rusts, �.nd are therefore, clearly in a
position of conflicting interest with that of the Estate and Trusts and their duties ta one another
as fiduciaries and co-beneficiaries, �
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81. Mandy and Laurie, by re�eatedly thwarting Wendy's legitimate attempts to vvind
up the Estate and Trust administratian, are not acting in the best interest af 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 2� Pa. �.5. § 4301 for the specific purpose of
marshaling and selling the disputed Estate and Trust assets.
83. Iva V. Otto, III, has advised Petitioner that he is willing to accept the pasition of
Limited Administratar Prom Tem af the Estate of Bernice J. Raab and Limited Tr�zstee Pro Tem
Walter F. Raab Living Trust and Bernice J. Raab Li�Ting Trust. Ivo V, �tto, III, has extensive
experience involving fiduciary matters and is quali�ed to serve as Limited Administratar and
Trustee Pro Tem. ,
VVHEREF�R.E, Fetitioner, Wendy Rabbins, respectfully requests that th� Court grant the
"1'etition for Appointment af Ivo V. Otto, III, as Limited Administrator Pra Tem af the Estate af
Bernice J. Raab and Limited Trustee Pro Tem af the VValter F. R.aab Living Trust and Bernice J.
Raab Living Trust Pursuant ta 2tJ Pa. C.�.A. �4301" and direct the Register of Wills to issue to
Iva �, �tto, III Letters af Administra�zan as the Limited Administrator Pra Tem of the Estate of
Bernice J. Raab and to appaint Ivo V. ()tto, III, as Limited Trustee Pra Tem of the Walter F.
Raab Living Trust and Bernice J. Raab Living Trust, and grant and direct Ivo V. (�tto, III, to do
the follawing specific and limited duti�s:
1. Marshal all cash and m�rketa'�Ie securities currently on account at Dt�minick 8�
Dominick, LLC in the current amount of$6,540,247 and distribute as follows.
a. $2, 073,4I5 ta V�endy Robbins; and
b. $2, a73,415 to Laurie Ann Kucher; and
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c. $1,$9�3,417 to Mandy �Zaab Carsc�n.
Any amounts remaining after these distributions should be far payment af claims against
the Estate and Trusts and for fees and eYpenses incurred by the Estate and Trusts, including the
fees and expenses of Ivo V. Otto, III.
2. Prepare far sale and list for sale the real prop�rty Iocated at 19750 Beach Road,
Apartment 506, Jupiter-Tequesta, Florida and sell this real property for the highest and best price
and thereafter make immediate distributian af the sale proceeds, less payment of any realtar's
con:unission and e�penses, in equal one-third(113) shares to Wendy Rabbins, Laurie Ann Kucher
and Mand�Raab Carsan.
3. Prepare for sale and Iist for sale the real pr�perty located at 33� Seabright Road,
(}cean City, New Jersey and sell this real property for the highest and best price and thereafter
make �mmediate distributi�n of the sale pr�ceeds, less payment of any realtor's commission and
expenses, in equal one-third (1/3) shares to V�ei�dy Robbins, Laurie Ann Kucher and Mandy
Raab Carson.
4. Marshal and seil all personal property of the Estate and Trusts, including family
photagraphs {with the exception af the two Mercedes Benz automobiles owned by the Estate) far
the highest and best price and thereafter make immediate distribution of the sale praceeds, less
payment af any auctioneexs' commission and expenses, in equal one-third (1l3} shares to Wendy
Rabbins, Laurie Ann I�ucher and Mandy Raab Carson.
IS
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Respectfully Submitted,
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By: ���.
Tho s A. French, Esquire
Atto ey I.D. No. 39305
Jillian M. �'rolden, Esquire
At�orney I,D. Na, 2a�51�
. RHOADS & SINON LLI'
One South Market Square, 12th Floar
P.C). Bax 114�
Harrisburg, PA 17108-1146
. (71'7} 233-�731
Attorneys for Petitianet�, TlTtendy.RoZ�bins
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VERIFICATIt�N
�endy I�.abbins, as Co-Executrix of the Estate o�Bernice J, :�taab and Co-Trustee of the
Walter F. Raab� Living Trust and Bernice J, Raab Living Trust, deposes and says, subject ta the
pexral.ties of 1$ Pa. C.S. §�904 relating to unsworn falsification ta authorities, that she is
authorized tv mak�e this verificatian and that the facts set farth in the foregc►ing "1'etition for
. Appointment of Ivv V. 4tto, III, as Limited Administratc,r Pra Tem of the Estate c�f Bernice J.
Raab and Li.rnited Trustee Pro Tem af th� Waiter F. Raab Living Trust and Bernice 3. Raab
Living Trust Pursuant ta 2(} Pa. �.S.A. §4301"are true and correct ta the best�f her knowledge,
infarmatian and belief.
�� �
We y Robbins
Date. "��t 4��1�.,
$��oao.�
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CERTIFICATE OF SFRVI�E
I hereby certify that on this ����day of , 2013, a true and correct copy
�,��.�
of the foregoing document was served by means of nitec� States mail, first class,posta.ge
prepaid,upon the following:
Neil E. Hendershot, Esquire
Serratelli, Schiffman& Brown
2Q$0 Linglestown Road, Suite 201
Harrisburg,PA 17110-9�93
Attorneys for Mandy Raab Carsore and�aurie Ann I�uche�
s f. .. ' ...._—.� � . C�
. : 1N THE CC�URT t�F COMMC�IV PLEAS �F
�n Re: � : CUMBERLAND COUNTY, PENNSY�VAN1,�
, WA�TER F. R,AAB LI�IING TRUST, ;
� BEF�NICE J. RAA6 ��V�NG TRUS�', : ,�l� 1"� ' i -;`'� � _: .,
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and ESTATE C�F BERNICE J. RAAB � Np. ��� ' '�
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PRELtM1NARY DECf�EE -��" ��►% " '- !�rR
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Afi�l� �tC1W, thi� .a�day nf�►pri1, �Q12, upon consideration of�he attached
Emergency Petition f�r lnjunctive F�elief, it is ORD��ED and DECR�ED that Mandy
Raab Carson and �aurie�nn R. Kucher, and all persans acting in concert wit�h them
and/or upon direc#ion o�them, are en)ained, pending hearing as set forth b�iaw, fram
(1} r�maving any personal prope�#y from the residenc�s listed in the Petitior�,
(2} otherwise removir�g or dissipating any assets held in th�Trust, an�d (3� co-mingling
any persc�na.i praperty of the estate. Any third party having passession af�any praper#�r .
remt�ved from any af the cesidences listed in the Petition shall immedia�el�r return such
property ta the residenc�s c�r place it intc► a stora�e 1�catian which is nat accessible to
Mandy Raab Carson ot'l�aurie Ann R. Kucher pending fur�h�r fJrdet o�Cour#.
IT IS FURTHER ORDERED that a citation b� awarded, returnable forthwifih, ta
M�andy Raab Carson �nd Laurie Rnn R. Kucher, to show cause why th�y shauid not be
ehjoined, pend�ng dispositinn of this rn�#ter, as follows:
�1} from remaWing any persana! }�roper�y from the��residenc�s listed in the
Petition, .
(2} fram oth��wise remc�ving or dissipating any asse�ts held in t�e Trus#,
re#umatate �t�tearing as se#forth below,
� � �.--- f`___,�__
{3} from corning(ing any property of th� Estate or Trusts;
t4) from furth�r exercise of powers as executrixes or trusfi�es absen� {�rder of
Court;
� (5� ardeCed to place into escr�w w'rthin �umberland County, and without right af
rem�vaC absent consent of ail Trustees an� beneftciaries or Order af Ca►urk, any and a{!
propert}r of the Estate and th�e Trusts; and
{�� provide to Petit�oner 2� �c�mplete and accurate inverttory of a!! �sta�e and
Trusts prape�iy in their possessi�n, as weil �s #he �o+�a#ions of�!C such propetty.
He�ring an the Emergency I'etition for [njunctive Relief sha11 ba held on
�����_, th� � ` day af April, �0�2, at '.t�p�"'prevaiiing time, in
�� .
Courfiroom of the Cum�er[and Cvunty Courth�use, Hanov�r an�d H�gh Streets,
G�r�is(e Pennsyl�+�nia. �
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� I�! THE CC)URT UF CC�MMON PLE�S
�F �UiwIB�RLAND C4UNTY, PENFJSYLVAh11A
In Re: � : No. 2�-12-398
WA�LTER F. RAAB LfiV1[�G TRU5T : C3RPHI�NS' CtJURT
rw�rw.r.�����..�v..�..���..rr��..�����^�w.��.�....�..�.�r�..��.`���,.r�r....�- -r�s.� �.aaw�.�..�w�.s�.�...N��r���.��...�...��.a
In Re: : No. 21-'12�399
BERNI�CE J. RA�iB l,l"1�lN�TRUST : ORPHANS" COURT
+..��R ��a�YfM��wr���1�I1�Alwr+r��rY�1�Af r+Y�l���.����1�IItN�a�w��N���I1w�.r�rr�MJr��riwMUaY��wrrwrY��+����rY��f�r�.��+
In Re; = iVo. 21•11-$42
� ESTATE OF SERNICE J. RAAB : (�RPHA�NS' CC)URT
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C�1�DER �
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A�ND NOW, this�day of May, 2a12, upon consideratian of Petitioner`s Motion
far�Gontinuance and Approval of�ansolidation, 1t is ORDERED and D�CREED th�t
s�id Motion is GRANTED. The hearing scheduled far 1.30 p.m. on May 1Q�, 20��, in the �
ab�ve-captioned m�tters is can#inued gen�rally. A further request to cvnduct a hearing
in the�bove�captianed matters shall �e initiat�d b�the filing of a new petition by
Petifioner. The Orders issued by the Court in these matters on April 3, �01�, and fipril
'i'�, 2�12, to th� e�ent not sp�cifically supe�seded by this t�rder, remain i� ef��ct �
pending further Order of Caurt.
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1�' IS FURTHER ORDERED that the abo�re-captioned matters are hereby
consolidated. Th� action dacketed at Na. 2�-'�2=398, the actian docketed at Nt�. 2'1-��-
3�9, and #he action docketed at No. 2�-11-$42 �re hereby �OI�SOL.IDAT�C� under No.
2'f-11-�4�. All further fi(ings shall be und�r this �cti+�n. Gonsolidativn shali not prejudiee
an� pre•-cexi�ting rights of the p�rties,
T; �
Thomas A. a y
. Judge, 5itting i Orph�ns' Caurt Divisivn
Distribution List �
Alan R. �oynton, McNe�s Wall�ce & Nurick LLC, �00 Pine �t, Pt� B�ax �166,
Narrisburg, PA 1?108
Neil E, h�endershat, Serratelli, 5chiffman & Brown, 2t}$0 Linglestawn Rd., Ste. 20'1,
Harrisburg, PA 17110-9�93 �
s �
IN THE CC�URT t�F COMM(J�J PLEAS
OF CUMBER�A�ID GC?UNTY, PENNSYLVAI�lA
!n Re: : N�. 2'1-'12-398
WA�TER F. RAAB �1VING TRUST : C�RPHAI�S' COURT
In Re. : No, 21-12-399
BERNICE J. RAAB LIV{NG TRU�T : (�RPHANS` CC3UF�T
#n Re: : No. 21-'!1-842
ESTATE t�F BERNlCE J. RAAB : CJRPHANS' Ct3URT
S71PlJL.AT10►N ANQ ORDER
WHEREAS, Petitioner'Vilendy Robbins and Respa►ndents Mandy Raab Carson
and L�urie Ann R. i�ucher �callectively, "the Parties"} are siblings and the daugh#ers of
Walter F. and Bernice J. Raab; and
WHEREAS, upon their deaths, Walter and Bernice Raab pa�sed substantiaily al1
of th�eir assets to the Walter F. Raab Living Trust and the Bernice J. Raab Living Trust
{together, "the Trusts"}; and
WNEREA�, the Parties are the co-Trustees af the Trusts and equal ca-
beneficiaries of the Trusts; and
WHEREAS, the Parties are alsa co-executrixes of the Wil1 of Bernice J. Raab
�"the Esta#e"), the beneficiary of which is her Trust; and
WHEREAS, the Trusts contain or are the equitable beneficiaries of, inter alia,
three residential prc�perties and the cantents of the folfowing three resider�ces: {�) 173�
Crisswell Place, Camp Hill, Cumberland County, Pennsyivania (the "Crissw�ll �.eai
Esfate"}, (2) �9750 Beach Road, Apartment 5�6, Jupiter-Tequesta, Fiorida {the "Flarida
1
i ;
Real Estate"); and {3} 337 Seabright Road, Ucean City, New Jersey {the "CJcean City
Real Esta#e"} (col�ectively, "the Real Estate"}; and
WNEREAS, the Trusts aisa con#ain or are the equitable bene�ciaries of, inter
alia, all furnishings, motor vehicles, and personal property (excepting the persanal
property unanimously divided by the Parties at the finro weekend mee#ings attended by
all of them in the Fall of 2Q11} [ocated, as of July 2�, 2a11, at the Real Es#ate {the
"Property,�}; and
WHEREAS, on April 2, 20'12, the abc�ve-captioned matters vtrere initiated by the
filing of an Emergency Peti#ion fc�r Injunetive Re[ief to Prevent Dissipa#ion and
Gamingling +a#'Assets �"Emergency Petition"}; and
1lVHEREA�, on Apri13, 2Q12, the Court granted the Emergency Petitian and
scheduled a hearing far April �7, 2012, to cor�sidec a reques#far f�nal �ecree; and
WHEREAS, on April 4, 2Q12, F'etitioner fled a Motion ta Gonsolidate the three
aborre-captit�r�ed matters; ar�d
WNEREAS, on April '11, 2�12, Petitioner filed an Amended Peti#ion fc►r Injunctiv�e
Relief{"Amended Petition"} in the abave-cap#ianed matters; and
WHEREA�, on April 16, 2�12, Neil Nendersh�t, Esquire, entered his appear�nce
in the abav�-captianed matters an beha#f of Respc�ndents, intending to respand to #he
Amended Petition t�n behaif of Respondents, who disagree with averments in bath
petitio�s and who would request c�ntrary relief from the Court; and
WNEREAS, on April 16, 2�1�, the Court co�tinued the hearing to consider the
Amended Petiti4n; and
WHEREAS, the hearing has been rescheduled for May 1 Q, 2Q12; and
WHEREA�, the Par�i�s desire #o discuss and negotiate the matters raised in the
petitions and alsc► a11 other matters involving the administration of the Estate and Trusts,
including tax returns; and
WHEREA�, the Parties acknQwledge and understand tha�they are fic�uciaries af
the Estate and the Trusts and that any and all Property taken c�r possessed by thern is
held by them in trust for the benefciaries of the Estate and Tn�sts and that possession
af any Property at this time does not reflect a right of c�wnership in such Property; and
2
� �
WHEREA�, The Parties express their�esir� and intention tt� deal with each
other with reasonableness, due diligence and in gaod faith in the administratian of the
Esta#e and the Trusts, and to deal writh each other simiiarly in such discussions and
negotiations seeking resolution of issues raised or administrative tasks to be conducted
far#he Estate and Trusts; and
NOW, THEREFORE, #he Parties, by their undersigned counsel, who have been
authorized respectively to execute this Stipulation on their behalf, hereby agree as
follaws, and further make their joint stipulation and request for an t�rder of Court, as
follaws, unless subsequently altered by subsequen�written agreement of all Parties:
1. The issues raised in the Amended Petition and any response thereto by
Respondents will be heard at a time and date to be determined by the Caurt,
Respondents shall nc�t be required ta respond #o the Amended Petitian untii tw�nty days
after natice is provided by Petitioner's cflunseC #ha#sett[ement discussions have faiied.
2. Pending #ucther C�rder of Court, t�te Parties agree that, absent agreement
of al!#hr�e c�f them, they will no# remove any property af any kind fram the Rea1 Estate �
ar any storage units containing es#ate or Trusts prape�ty or ieased on behalf of the
es#ate or Trusts. Na Party or their relatives shall use or inhabit any Rea! Estate for
personal purposes.
3. Without waiving any rights under applicab[e law as to lang-term fiduciary
decision makinr�, during the effective period of this Stipulafiian, any actions taken and
decisions made on behalf a#the Es#ate or the Trusts shall require the unanimaus
consent of all the Parties.
4. Within fourteen (14) days Qf this Stipulation, each Party shall deliver to
each t�ther Party swcarn written inven#ories, with descriptions and current locations of
any Propert�taken from the Rea! Esta#e on or after the�late of death of the Decedenti
that is, July 26, 2011, including such Properly that each Part}r presently possesses or
controls or which each Party �ave or#ransferred to any third person since that date. To
the extent that they exist, the parties shal� deliver to each other any carresponding
appraisal values and appraisal numbers for eacf� item obtained to date.
5. The Parties shall segregate and safeguard any Praperty of the Esta#e or
Trusts with their personal property or that of any other persan ar entity.
3
s �
�. A#1 Praperty�nrithin a Pat�ty's possession or con#ro! shal! be preserved by
them as#iduciaries and none of them shall dispose flf, transfer or otherwise di�sipate
any property a#the Estate ar Trusts. All Property shall be stored in off-site storage
facilities located near the Party's primary residence in segregated units held for the
benefi# af the E�tate ar Trusts.
7. For purposes of administration of the Esta#e ar Trus#s, each Party shall
have access (using keys ar access codes} ta each off-site storage#acility rented by
anather Party or the estate containing same Pro�erty with at least 48 hours r�atice in
advanc�to the c�ther Parties. Entry shall be accomplished only in the pcesence af
Danna Mullin ar any c�ther neutral�hird-party acceptable to the Pa�ty wha rented that
particuiar storage facility. No Party sha#1 be excluded from access where such
canditions are met. No property shall be removed without the consent of all Parties.
8. As soon as can reasanably be arranged, the Parties wil! make available to
photagiraphers seiected by the undersigrred counsel any and all Proper#y passessed or
cantr�ifed by them. aaid phatc�grapher{s} shall be given access #o phata�raph a�l such
Property upon reasonable notice ta the Parties in possession or control. The
phatographer(s) shali phc��+�graph all Praperty and attemp#tt� prt�vide reasonable and
detailed views of each item af Property. Copi�s of a#I phatographs will be provided to all
Parties. The costs of the photos shall be borne by the Es#ate.
�9. The Parties shall execute swarn verifications that they have provided to
the photographers access to all Property which they possess or contrc�l or which they
othervvise have retrieved from any of the Fte�l Estate pn or after July�C.
1�. Within fourteen �14} days afi this Stipulatian, each Party wi{1 provide tc�
each other ail photographs taken an or after July 26, 2�11, by them, c�r by those under
their direction or cQntrc�l, of any of the Property.
11. Within five (5) days� of this Stipula#ion, Petition�r shall provide#e� Donna
Mullin, Esq., copies of the photographs af Property taken previo�usly at the Florida Rea!
Estate. Ms. Mu11in shall prov'rde said photas tc� Respandents within ten (10} days
following provision fo Petitioner of the written inventories and photc�graphs identified in
Para�raphs 4 and 'I U herein.
4
, i
'12. The vehicles �reviously lacated at the �rissweil Rea# Estate shall be
s#Qred at Sun Motors. Documentation regarding such starage shall be provided to a!I
parties upan the signing �af this Stipulation. Afl keys sha11 be given to and retained by
the proprietor thereof. The reasonable starage casts far such Property shall be borne
by the Estate.
� 13. The Estate sha11 pay far the cleaning and repair of the Crisswell Real
Estate in preparation for closing. The uitimate r�spansibilit}�for the c+�st af specific
rep�ir i#ems sha11 be determined by further agreement or Order c�f Court. The Parties
agree to caoperafie and undertal�e all actions ne�essary to ensure that cfasing for the
sale of the �rissweli Real Estate shal! be consummated pursuant ta the agreement of
sale fQr#hat rea! estate.
14. A!I praceeds from the sale of the Crisswell Rea1 Estate shalf be added tc�
#he exis�ing Esta#e ar Trust accounts managed by the Esta#e's accountan#, Donna
Nlullen, CPA, far p�urposes of the administrations of t�e Esta#�e and Trusts, subject ta the
limitatians of Paragraph 3.
15. This 5ti�ulation, ance executed by cQUnse� and approved by the Court,
shall be docketed in the recard of this matter, which has been consalidated under the
three abo�e-referenced docket numbers.
WHEREFaRE, the Parties in the abave-captianed actian respectFully request this
Honorable Cou�t ta approve the terms af this Stipulation as an {Jrder c�f the Court.
,
SERRATELLI, SCHIFFMAN & BRC)WN, P.�. MCNEES WALLACE & NURICI� LL�
B''�: BY:
Neif E. Nendershot, Esq. A[an R. Boynton, Jr,, Esq.
2080 �.inglestawn Rd., �#e 2�1 1�� Pine Street
Harrisburg, PA 1711 Q-9�93 Narrisburg, PA 'i 7108-116�
Dated: D►a#ed:
Attarneys for Respanden#s Attorneys for Petitianer
5
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APPR�VED:
Date:
PL.ACEY, J.
�
� � s
Jillian Golden
Fram: Thomas A. French
Sent: Wednesday,June 19, 2013 1:27 PM
To: Neil Hendershcat
5ubject. FW: Raab:Ctcean City N1 Property; distributian af cash and securities
Neil,
!take this appartunity to write to you regarding the many outstanding matters that need to be addressed by
the Trustees/Executrices. Although we have addressed some of the day to day bi11 paying, �SS2t {it�UfiCI�t1C3C1
and maintenance issues,your clients have not responded to our request to address some af the more
significant remaining matters o�estate administration that need to be addressed. I am writing once again in
an effort to get a response from yt�ur clients a�these issues.
(Jn June 6, I wrvte to you summarizing the issues yc�u and I had discussed aver the priar several days. Amang
these issues were 1� distributian of cash and securities in these estate/trusts that are unnecessary for estate
administration; 2} agreement an a process for distribution or liquidation of items af personal property; 3}
distribution of copies of family phatos in Mandy's possession; 4} iiquidation of the real estate assets;
5} reimbursement af fiduciary expenses and resol�tion of other disputed issues as outlined in my.June 6
email.
On .lune 7,you emailed me that you had "respanded"to my lune 6 email, �you told me this twice), but to
date, no sucl� response has been received. I sought to follow up on this with �au, several times.
On June 12, 1 emailed you regarding Donna Mullin's suggestian regarding distribution af estate cash and
secur'rties. She wrote to us bath, advising us of the balance of these accounts ($G,54Ci,247� and suggesting that
a11 of these accaunts shauld be distribkated to the benefiiciaries, except for$500,0(l0 which she stated would be
sufficient ta meet the remaining needs of the estate/trusts until they are finally adjudicated. I sent you a
r�commendation and request that your clients agree to distribution af these as�ets. {copy belov�i}.
To date,your clients have made no respanse t4 fihis request at all.
1 wauld like yau�clients to kindly respond ta each af t�e following requests, ort �r before Monday.June 24:
1. Please autharize distribution of�ash �nd s�cur�ti�s held by the trusts and estat�, iess$500,UC10 as
Donna recammends, ta be made priar to June 30th: �
Cash and in kind securities valued at$2, 073,415 each to Wendy and t�aurie;
Cash and in kind securities valued at$1,893,417 plus credit of$180,t��4
�for the advance)to Mandy
Total �moun*distributed $b,040,247
�plus Mandy's advance� 180,000
2. Please authorize entry into a iisting agree�nent for the real estate located in F�arida {the executrices
have all discussed that there is one realtor wha is qualified to list this property and it is not anticipated that
there will be disagreement on this point� sa that it can �e sold at fair market��alue.
i
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. � = r
3. Please authorize entry into a listing agreement for the real estate located in Ocean City. Both Mandy
and Wendy have indicated that they wish to pur�hase 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 sold to
whomever makes the highest and best offer.
4. Please propose a process and prompt timetable for distributing aif persanal property to be agreed upon
by a11 parties. Failing a�greement on a process and�imetable,then please authorize entry into an agreement
with a qualified auctioneer, who wii� auction off the items of personal property to the highest bidder at public
auction. The three sisters will be permitted to bid on these items if they wish to do so.
5. Please ask Mandy to agree to have copies made of all photos of family (digitaliy�to be distributed to .
ea�h of her sisters and natify us of he�-agreement to do so.
6. Please agree that each Executrix shall prepare a list of expenses for which they will seek,reimbursement
for submission as claims against these estate/trusts. These can be resalved thraugh further negotiation or
pursuant to the usual C}rphans' Court approval process, ir�the ordinary course.
Kindly respand by June 24, agreeing to the above, or in case of disagreement with any item, offering a counter
proposal as to how that item shauid be handled. i:indly respond in writing.
The Executrices have agreec�that they shall act unanimously regarding these administration issue�. The
purpose of this email i�to determine which of the above i.tems the Executrices can agree upon unanimausiy,
and which of them they cannot agree upor� and are at an impasse.
Thank you
Tom �
Thamas A. French
RNOADS &SINON tLP �
One South Market Square � PA.Box 1146 � Harrisburg,PA 1710&1146
T:(71?)23i-6625 � F:(71?)238-8�22
e-mail:tfrench�rhoads-sinon.com
http:l/www.nc��adssinon.com,�attorneys-Thomas-French-Li�tigatiom-Attornev.html .
From: Thamas A. French
Sent: Wednesday, ]une 12, 2U13 1:42 PM
To; 'Neil Mendershot" � �
�ubject: RE: Ra�b: Ocean City NJ Property; distribution af cash and securities
Neil,
f am respor�ding ta your below email.
1. Insurance: Wendy agrees to the inspector and payment as described in your email.
2. Pc�oi: Wendy approved the pool restoration or�4/28 and a�ain on 5/�.Althaugh she agrees that est�te funds
may be used to pay these expenses,she does not waive her right to contend that y�ur clients are ul�imately
responsible to pay for the restoration since their refusal to pay far maintenar�ce last year resulted in the pool
2