HomeMy WebLinkAbout07-23-13 � 7
Thomas A.French,Esquire � -_-A ='"'
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Attorney I.D.No. 39305 C � � ��� °�
Jillian M.Golden,Esquire =°"� " �`- _-� M�
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Attorney I.D.No.206510 �-�; �^ '� ,
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RHOADS&SINON LLP � 3�_ =m.. r`.� .�i
One South Market Square, 12th Floor � -� ' � � "
P.O.Box 1146 .�� `"`-� � `�°
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Harrisburg,PA 17108-1146 �=` � :; ; � �
(717)233-5731 �'" ._ �� .-.,
Attorneys for Petitioner,Wendy Robbins :��' �;�: �-.�� . F�°
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IN THE COURT OF COMMON PLEAS y
OF CUMBERLAND COUNTY, PENNSYLVANIA
In Re: ; No. 21-12-398
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WALTER F. R.AAB LIVING TRUST ; ORPHANS' COURT
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In Re: ; No. 21-12-399�
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BERNICE J. RAAB LIVING TRUST ; ORPHANS' COURT
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In Re: ; No. 21-11-842
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ESTATE OF BERNICE J. RAAB ; ORPHANS' COURT
PETITION FOR APPOINTMENT O�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. �4301
NOW COMES, Petitioner, Wendy Robbins, (hereinafter "Petitioner" or "Wendy") in her
capacity as Co-ExecutriY of the Estate of�ernice J. Raab ("the Estate") and Co-Trustee of the
Walter F. Raab Living Trust and Bernice J. Raab Living Trust (collectively "the Trusts"), and
hereby petitions the Orphans' Court Division of the Cumberland County Court of Comr�on Pleas
to appoint a Limited Administrator Pro T�m and Limited Trustee Pro Tem of the aforementioned
Estate and Trusts for the specific purpose of marshaling and selling certain Estate and Trust
assets because the acting and appointed Co-Executrices and Co-Trustees are in a position of
conflicting interest and cannot agree on the proper administration and distribution of 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 locaied 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 Caxson and
Laurie Ann Kucher, who have an interest in obtaining Trust property, specifically, the New
Jersey property, below fair market value. �he 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 Tzm to liquidate the Disputed Assets and
distribute the proceeds to the beneficiaxies.
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PARTIES
1. Petitioner is an adult individual resic�ing at 513 Brom Court, Mechanicsburg,
Cumberland County, Pennsylvania, 17050.
2. Respondent, Mandy Raab_Carson ("Mandy"), is an adult individual residing at
111 Bentley Drive, Pittsburgh, Pennsylvania, 1523 8.
3. Respondent, Laurie Ann Kucher ("Laurie"), is an adult individual residing at 126
Old Quarry Road, Clinton, 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 April 3, 2003 and Bernice J. Raab died on July 26, 2011.
6. Together, Wendy, Mandy and Laurie, are th� named and acting Co-Executrices of
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 Irrevocable
Agreement of Trust dated November 9, 1990, as directed by Bernice J. Raab through the exercise
of her limited power of appointment.
P�ZOCEDURAL I�ISTORY
10. On April 2, 2012, Wendy commenced proc�eedings against Mandy and Laurie by
filing an Emergency Petition for Injunctive Relief to Prevent the Dissipation and Co-Mingling
of Assets. At that time, Wendy alleged that her sisters had raided Estate and Trust property and
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were co-mingling and dissipating Estate and Trust property in violation of their fiduciary duties
to tl�e Estate and Trusts and to Wendy, as an equal co-beneficiary.
11. On April 3, 2012, the Honorable Thomas J. Placey issued a Preliminary Decree
providing as follows:
And now this 3rd day of April, 2012, upon consideration of the attached
Petition for Injunctive Relief, it is ORDERED and DECREED, that
Mandy Raab Carson and Laurie Ann Kucher, and all persons acting in
concert with them and/or upon direction from them, are enj oined, 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 copy of the Apri13, 2012 Preliminary Decree is attached hereto as Exhibit"A."
12. On April 11, 2012, Wendy filed an Amended Petition requesting, inter alia, that
Mandy and Laurie be removed as Co-Executrices and Co-Trustees of the Estate and Trusts. A
hearing was set on the Amended Petition for April 17, 2012.
13. On April 17, 2012, Wendy filed a Motion for Continuance requesting that the
April 17, 2012 hearing be postponed to the next h�aring date while the parties negotiated the
"primary remaining issue" in the Arnended Petition, which was Wendy's request for 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. .
14. During this time, Wendy, Mandy and Laurie, by and through counsel, began
discussing a proposed stipulation to govern interim Estate and Trust administration issues.
15. On May 10, 2012, relying in good faith on Mandy and Laurie's representations
that they intended to enter a stipulation, Wendy filed another Motion to Continue the hearing on
the Amended Petition 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 Court 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 conduct 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 issues raised or adrninistrative 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 BACKGROUNI�
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 201 l, 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 ta 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 maj or Disputed Assets, but Mandy and I,aurie 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 �.ddress 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 bezn 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 $SOO,OaO 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 shouid 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.
3 8. 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 market
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 r�;fusal 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
Nesv Jersev and Florida
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 locatec� 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 Jersev Property
45. The parties axe 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, `��hich 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 vvinding 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 5elf- interest to purchase this property below fair market value,
is causing continued 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 nearly 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 listing agreement for signature by the Co-
Trustees. See Exhibit D. �
56. Thereafter; 1Vlandy and Laurie inexplicably, and without jus�ification, refused to
move forward with listing t�e Florida property for sale.
57. It is believed, and therefore 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 provide for its continued care and maintenance
in the annual amount of$40,000.
�9. Given the clear inability of the parties to cooperate and proceed with due
ailigence 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 shouid be appainted to marshal and sell these real properties
for the highest and best price and make immediate distributic�n of the sale proceeds.
Distribution of Personal P�ro�erty of the Estate and Trusts
�0. The �riswell praperty, Florida property and New Jersey property can�ain or
contained vaivable items of personal property, which were removed and transported by Mandy
and Laurie, without the authorization or consent of Wendy.
bl. On C�ctober 30, 2011, withaut notice to Wendy, Mandy and Laurie remaved 22
baxes of valuable personal property from the Criswell property to their personal residences.
62. On December 12, 2Q 11, without notice to Wendy, Laurie and Mandy flew to
�~lorida and remaved valuable items of personal property from the Florida property, including,
crystal, china, silverware, collectibles, oriental rugs, furniture, artwork, lamps, and Bernice J.
Raab's clathing and shipped this personal property to their residences.
63. On �pril �, 2012, Mandy and Laurie commenced ano�her raid or� the Criswell
property and hired mover� to remove substantial Estate and Trust property to their personal
residences. _
6�. The Octob�r 2�l 1, Decernber 2{�11 and Apri� 2C}12 raids were withaut notice to
Wendy, and against the specific directian of Dor�na Mullin, tre fan�ily's attorney and the
account��nt to the Estate and Trusts, who specifically instructed Mandy and Laurie not to rernove
any persanal property from any real estate. Mandy and Laurie's actians necessitated �Vendy
filing the above-referenced Emergency Peti�ion for Injunetive Relief.
b5. It is believed, and therefore averred, that this personal property is currently
lacated in starage sheds, as ag��eed upan by the parties in tl�e Stipulation. 5ee Exhibit C.
66. Also, as agreed upon in the Stipulation, the parti�s have each photograp�.ed,
inventoried and cross-referenced to the appraisal the ite�ns af personal pr�perty taken fram the
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three residences. The parties have delivered these photographs and inventories to Donna 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 upon a method for distribution.
68. The parties have been in-fi�hting 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 agre� to a timetable or procedure for this
process.
71. Mandy and Laurie 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 na 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 t�sks 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 ADIVIINISTRATUR
AND TRLISTEE PRO TEM
75. The above-paragraphs are incorporated herein by reference.
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76. The Pennsylvania Probate, �state 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�3ernice 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 t�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 Mandy 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 re�eatedly 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 ?0 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 duti�s:
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. $1,893,417 to Mandy Raab Carson.
Any amounts remaining after these distributions should be for payment of claims against
the Estate and Trusts and for fees and expe�ses incurred by the Estate and Trusts, including the
fees and expenses of Ivo V. Otto, III.
2. Prepare for sale and list for sale the real property located at 19750 �each Road,
Apartment 506, Jupiter-Tequesta, Florida and sell this real property for the highest and best price
and thereafter make immediate distribution of the sale proceeds, less payment of any realtor's
commission and expenses, in equal one-third (1/3) shares to Wendy Robbins, Laurie Ann Kucher
and Mandy Raab Carson.
3. Prepare for sale and list far sale the real property located at 337 Seabright Road,
Ocean City, New Jersey and sell this real property for the highest and best price and thereafter
make immediate distribution of the sale proceeds, less payment of any realtor's commission and
expenses, in equal one-third (1/3) shares to Wendy Robbins, Laurie Ann Kucher and Mar�dy
Raab Carson.
4. Marshal and sell all personal property of the Estate and Trusts, inciuding family
photographs (with the exception of the two Mercec�es Benz automobiles owned by the Estate) for
the highest and best price and thereafter make immediate distribution of the sale proceeds, less
payment of any auctioneers' commission and expenses, in equal one-third (1/3) shares to Wendy
Robbins, Laurie Ann Kucher and Mandy Raab Carson.
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Respectfully SLibmitted,
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Tho s A. French, Esquire
Atta ey I.D. No. 39305
Jillian M. Golden, Esquire
Attarney I.D. No. 20E510
RH(JADS & SINON LLP
{�ne South Market Square, 12th Floar
P.O. Box 1146
Harrisburg, PA 1710$-1146
{7I7} 233-5�31
Attorneys for Petitione�, Wendy Rol�bins
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VERIFICATION
Wendy Robbins, as Co-Exe�cutrix of the Estate of Bernice J. R:aab and Ca-Trustee of the
Walter F, Raab Living Trust and Bernice J. Ra�b Living Trust, deposes and says, subject to the
penalties af 18 Pa. C,S. §4�04 relating to unsworn falsification ta authorities, t;hat she is
authorized to rr�ake this verification and that the facts set farth in the fc�re�aing "Petition for
Appointment of Ivo V, t)tta, III, as Limited Administratcrr Fra Tem af the Estate c�f Bernice J.
R.aa.b and Limited Trustee Pro Tem of the Walter F. Raab Living Trust and Bernice J. Raab
Living Trust Pursuant ta 20 Pa. �.S.A. §43C11"are true and carrect to the best c�f her knowledge,
information and belief.
.
s� w
�U'e y Robbins
Date: "l�1`�t�r 3
$9308i1.I
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CERTIFI+CATE �iF S�RVICE
I hereby certify that or�this ����day of �, 2(}13, a true and carrect co
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of the foregoing document was served by means of nited States mail, first class,postage
prepaid, upon the follawing:
Neil E. H�ndershot, Esquire
Serratelii, Schiffman& .Brown
2Q8Q Linglestown Road, Suite 2�1
Harrisburg, PA 1'7110-9693
Attot�ne,�s,f'or Mandy Raab �"a�son and Laurie Ann Kuche�
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. : 1� THE �C}URT OF C�33�JilrllC�N PLEAS t�F
�� ��� ' : CUMBERLANIJ COUN�fY, PEI'�NSYLVAN(A
, WA�.TEf� F. RRRB �,IV1NG TRU�T, .
� BERNl�E J. RAA� l.�V�NG TRU��, : .�1-� 1� - i ,.���� � �
and EST`AT� �F BERNICE ,1. RI�AB : Na. ���� �'�� ����:��.�. �� '.� � �" �'
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PRELlMINARY DEGREE ''� :..; � ;� wr�
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A�1D NOW, this��day �f April, 2012, upon consideratian of the attached
�mergency Petitic�n fc�r �njunctive �.elief, it is ORD�R�C� �c�d DE�R�ED th�t Mandy
Raab C�rs�n and �aune An�t R. Kucher, �nd �II persons acting in cancert with them
and�ar upon dire�#ion of them, are enjoined, pending hearing as set forth betow, from
(1� remauing any persanal prc�pe�ty from the residences liste� in the Pe�tior�,
�2} otherwise remc�vir�g or dissipatir�g any assets held in #he Trust, �n� {3} ca-min�ling
�n� personal property of the esfiate. Any third party h�ving passession of�any property .
remt�ved from any of the residences listed in the Petition shall irnmedE�tely return such
praperty�o the re�idences or pta�� it into a stacage locatit�n which is not a+ccessible to
Nlandy R�ab Carsan ar�.aurie Ann R, Kucher pending f�r�her C�rder of Court.
iT I� FURTFIER ORDERED that a citati�n b� awar�ed, returnable forthwith, to
Mandy Raab Carson �nd Laurie Ann R. Kucher, ta show cause �rhy they should not be
�njoir�ed, pend�ng dispositic�n of this m�t�er, as fol�ows:
(1} from remov"rn� any personal pro�perty from the�esidenc�� listed in the
P�etitipn,
(2} from ath�rwise rernc��rirtg ar dissipating any �ss�ts held ir� th�Trust,.
r�tc�mab:l� at hearing as set for�h below,
. x # *r`�`^' p'.,�.._
�
�3} frv�m comingling any prop�rt}r of th� Estate c�r Trusts,
��� �rom fur�h�:r exerci�e t�f po�ers as ex�cutrixes vr trus��es �bscnt Order of
Caur�;
� t5} ardered tc� place irtto e$crow within Cumberiand C�runty, and without right of
remaval abs�nt cansent of alf Trustees and beneficiaries �r Order of Court, any and all
proper#y of the�state and the Trusts; and
(�) prc�vide ta Petitiorter a complete ar�d a�curate inver►tory of ail �state and
Trusts property in their possession, as well as#he foca#ians af a�! such prc�perty.
Nearing on the �mergency C'etitior�for Injunctive Relief shall be held on
l���A�► , th� � ' da of A ril �+�12 at 1����""revailin time in
�''�... ._...� v r � � , � s ,
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�ourtroom of the Cumberland County Courthouse, Hanov�r and High Streets,
C�r�is�e Fennsyl�rania. . �
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� !N THE CUURT QF �OMMtJN PLEAS
OF CUMBERLAND COUNTY', PENN�Y�.VANIA
in �e: � : No. 21-12-3�8
. +
"WAl.`TER F, RAfiQ LIVING TRUST : ORPH�N�' CGURT :
� Ew����..�..��v���N��riW....���....�we�....�...�..�.�.�:�������rs���..raa:,. �..r�.�...,.�..���.r�—��.�e�.�����+...a�+n
In Re: ; No. 21-12-399
BERNIGE J. RAAB L,IVING TRUST : aRPHAN�" COURT
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I n Re: : �10. 2�-11-842
' ESTATE OF 6ERNICE J. Rra+,AB : ORPH,�NS' C{0►URT
r��!iM����������+�wa+��rW/YIII7��rrrtiY����M��r��r�wYl��w����w�/�w�rr�������IIY'i r��r�����I�I������w�M��ii�MY Iv►����r�rY
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A►t�D NC�W, thi��day c�f N[ay, ��12, up�n considerat�on ��F'�t�t�oner`s I�tlotic�n
for�Continuance and Approuai af Consolidatian, It is GIRDER�� and DECREED that
said Motion is GRANTED. The heanng 5ch�du(ed for 1:30 p.m. c�n May 1 Q, 2012, in tf�e �
above-�ptioned matteC� is continued get�er�lly. A further request to conduct a hearing
in the�bove-captioned matt�rs shall �e initiat�d k�y the filing of a new petitian by
Petitioner. The Orders issued by�he Caurt irr th��e matters an�lprit 3, 2f3�2, and April
17, 2412, to the eactent not specifically superseded by this Order, remain ir� ef�ect �
pending further t��d�r o#Court.
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1T 1S FURTHER ORDERED that the abo�re-captioned matters are hereby
consolidated. The action dvcketed at No. 21-12-3�8, the action docketed at No. 2"I-1�-
399, and the action docketed at No. 2�-11•842 �re hereby CONSOLIDAT��? under Nr�.
2'[-11-�42. All furt�ierflings shali be under this action. Consolidation shall not p�ejudice
�ny pre-exfsting rights af the pa�ties.
T; �
Thamas A. a �y
. Judge, S�tting i Orpha�ns` Cr�urt Diwi�ion
Distribution Lis# �
. Alan R. Boynton, McNees l�alla�ce & (�urick �LG, 100 Pine St, PC� Box �'t6�,
Harrisburg, PA 17'108
Neil E. Mendershot, Serrate[li, Schiffman & Brown, 2�80 Lir�gl�stown Rd., Ste. 20'1,
Narrisburg, PA 17114-9693 .
n��i�� ___—.
t #
IN TNE COURT t}F �C3MMt�N P�EAS
C.�F CUMBER�ANQ CQUNT"Y, PE�INSYL.VAI�IA
In Re: : No. 2�-12-39�
1NpLTER F. RAAB LIVING TRU�T : ORPHAN�' Ct�URT
_________.�_____�________________________________________________________.�_____.._______.._____�_..---_M_�._
In Re: ; No. 2�-12-399
6ERNICE J. RAAB LIVING TRU�T : ORPHAN�' Ct�URT
1 n Re: : Na. 2'�-'l'�-842
ESTATE CJF BERIUICE J. RAAB : ORPHANS' Ct�tiRT
STIPULATIO►N AND ORDER
WNER�A�, Petitivner INendy Robbins a�d Re�panden�s Mandy Raab Cars�an
and �aurie Ann R. Kucher{collectively, "#he Parties"} are sibling� and the daughters of
Walter F. and Bernice J. Raab; and
WNEREA�, upon their deaths, Walter and Bernice Raab passed substantially a11
Qf their assets to the Vi�alter F. Raab �iving Trust and the Bernice J. Raab Living Trus#
{#ogether, „the Trusts"}; ar�d
WNEREAS, the P�rties are the co-Trustees c�f the Trusts and egual co-
bene�ciaries of the Trusts; and
WNEREA�, the Parties are a��o co-executrix�s of the Will of Bernice J. Raab
{yrthe Estate"}, the beneficiary af which is her Trust; and
WNEREAS, #he Trusts c4ntain ar ar�the equitable beneficiaries of, inter alia,
three residential properties and the contents of the€o#lowing three residen�es: �1} �73�
Crisswell Place, �amp Hill, Cumbe�#and C�un#y, Pennsylvania {�he "Crisswell Real
�state"}, {2� �9750 Beach Road, Apartment SQfi, .�u�iter-Tequesta, Fl�rida {�h� '"Florida
1
t t
Reai Estate"); and (3) 337 Seabright Road, Ocean City, New Jersey (the "4cean City
Real Esta#e"} (collectively, "the Real Estate"); and
WHEREAS, the Trusts also contain or are the equitable bene�ciaries of, inter
alia, all furnishings, motor vehicles, and personal property (excepting the personal
property unanimously divided by the Parties at the finio weekend mee#ings attended by
all of them in the Faff of 2011) located, as of July 26, 2011, at the Real Estate (the
"Property"); and
WHEREAS, on April 2, 2012, the above-captioned matters were initiated by the
filing of an Emergency Petition for Injunctive Relief to Prevent Dissipation and
Comingfing o�Assets ("Emergency Petition"); and
WHEREAS, on April 3, 2012, the Court granted the Emergency Petition and
scheduled a hearing for April 17, 2012, to consider a request for final decree; and
WHEREAS, on April 4, 2012, Petitioner filed a Motion to Consolidate the three
above-captioned matters; and
WHEREAS, on April 11, 2012, Petitioner filed an Amended Petition for Injunctive
Relief("Amended Petition") in the above-captioned matters; and
WHEREAS, on April 16, 2012, Neil Hendershot, Esquire, en#ered his appearance
in the abov�-captioned matters on behalf of Respondenfis, intending to respond to the
Amended Petition on behalf of Respondents, who disagree with averments in both
petitions and who would request contrary relief from the Court; and
WHEREAS, on April 16, 201 Z, the Court continued the hearing to consider the
Amended Petition; and
WHEREAS, the hearing has been rescheduled for May 10, 2012; and
WHEREAS, the Parties desire to discuss and negotiate the matters raised in the
petitions and also al! other matters involving the administration of the Estate and Trusts,
including tax returns; and
WHEREAS, the Parties acknowledge and understand that they are fiduciaries of
the Esta#e and the Trusts and that any and all Property taken or possessed by them is
held by them in trust for the beneficiaries of the Estate and Trusts and that possession
of any Property at this time does not reflect a right of ownership in such Property; and
2
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WHEREAS, The Parties 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 the Trusts, and to deal with each other simiiarly in such discussions and
negotiations seeking resolution of issues raised or administrative tasks to be conducted
for the Estate and Trusts; and
NOW, THEREFORE, the Parties, by their undersigned counsel, who have been
authorized respectively to execute this Stipulation on their behalf, hereby agree as
follows, and further make their joint stipulation and request for an �rder of Court, as
follows, unless subsequently altered by subsequent 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 Court.
Respondents shal! not be required to respond to the Amended Petition until twenty days
after notice is provided by Petitioner's counsel that settlement discussions have failed.
2. Pending further Order of Court, the Parties agree that, absent agreement
of all three of them, they will not remove any property of any kind from the Real Estate : �
or any storage units containing estate or Trusts property or leased on behalf of the
estate or Trusts. No Party or their relatives shall use or inhabit any Real Estate for
personal purposes.
3. Without waiving any rights under applicable law as to long-term fiduciary
decision making, during the effective period of this S#ipulation, any actions taken and
decisions made on behaif of the Estate or the Trusts shall require the unanimous
consent of all the Parties.
4. Within fourteen (14) days of this Stipulation, each Party shall deliver to
each other Party sworn written inventories, with descriptions and current locations of
any Property taken from the Reai Estate on or after the date of death of the Decedent,
that is, July 26, 2011, including such Property that each Party presently possesses or
controls or which each Party gave or transferred to any third person since that date. To
the extent that they exist, the parties shall deliver to each other any corresponding
appraisal values and appraisal numbers for each item obtained to date.
5. The Parties shall segregate and safeguard any Property of the Estate or
Trusts with their personal property or that of any other person or entity.
3
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6. All Property within a Party's possession or control shali be preserved by
them as fiduciaries and none of them shall dispose of, transfer or otherwise dissipate
any property of the Estate or Trusts. All Property shall be stored in off-site storage
facilities located near the Party's primary residence in segregated units held for the
benefit of the Estate or Trusts.
7. For purposes of administration of the Estate or Trusts, each Party shall
have access (using keys or access codes} to each off-site storage facility rented by
another Party or the esta#e containing some Property with at least 48 hours notice in
advance to the other Parties. Entry shall be accomplished only in the presence of
Donna Mullin or any other neutral third-party acceptable to the Party who rented that
particular storage facility. No Party shall be excluded from access where such
conditions are met. No property shall be removed without the consent of a!I Parties.
8. As soon as can reasonably be arranged, the Parties will make available to
photographers selected by the undersigned counsel any and all Property possessed or
controlled by them. Said photographer(s} shall be given access to photograph alf such
Property upon reasonable notice to the Parties in possession or control. The
photographer(s) shall photograph all Property and attempt to provide reasonable and
detailed views of each item of Property. Copies of all photographs will be provided to all
Parties. The costs of the photos shall be borne by the Estate.
9. The Parties shall execute sworn verifications that they have provided to
the photographers access to all Property which they possess or control or which they
otherwise have retrieved from any of the Real Estate on or after July�6.
10. Within fourteen (14) days of this Stipulation, each Party will provide to
each other a!I photographs taken on or after July 26, 2011, by them, or by those under
their direction or control, of any of the Property.
1'I. Within five (5) days of this Stipulation, Petitioner shall provide to Donna
Mullin, Esq., copies of the photographs of Property taken previously at the Florida Real
Estate. Ms. Mullin shall provide said photos to Respondents within ten (10) days
foilowing provision to Petitioner of the written inventories and photographs identified in
Paragraphs 4 and 10 herein.
4
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12. The vehicles previously lacated at the Crissweli Real Estate shall be
stored at Sun Motors. Documentation regarding such storage shall be provided to alf
parties upon the signing of this Stipulation. All keys sha11 be given to and retained by
the proprietor thereof. The reasonable storage costs for such Property shall be borne
by the Estate.
� 13. The Estate shall pay for the cleaning and repair of the Crissweli Real
Es#ate in preparation for closing. The ultimate responsibility for the cost of specific
repair items shall be determined by further agreement or Order of Court. The Parties
agree to cooperafie and undertake all actions necessary to ensure that closing for the
safe of the Crisswelt Real Estate shall be consummated pursuant to the agreement of
sale for#hat real estate.
14. Afl proceeds from the sale of the Crissweif Real Estate shall be added to
the existing Estate or Trust accounts managed by the Estate's accountan#, Donna
Mullen, CPA, for purposes of the administrations of the Estate and Trusts, subject to the
limitations of Paragraph 3.
15. This Stipuiation, once executed by counsel and approved by the Court,
shall be docketed in the record of this matter, which has been consolidated under the
three above-referenced docket numbers.
WHEREFORE, the Parties in the above-captioned action respectFully request this
Honorable Court to approve the terms of this Stipulation as an Order ofi the Court.
SERRATELLI, SCHIFFMAN & BR�WN, P.C. MCNEES WALLACE & NURICK LLC
BY: BY:
Neil E. Hendershot, Esq. Alan R. Boynton, Jr., Esq.
2080 Linglestown Rd., Ste 201 100 Pine Street
Harrisburg, PA 1 71 1 0-9693 Harrisburg, PA 1 71 08-1 1 66
Dated: Dated:
Attorneys for Respondents Attorneys for Petitioner
5
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APPROVED:
Date:
PLACEY, J.
6
� � c
Jillian Golden
' From: Thomas A. French
Sent: Wednesday,June 19, 2013 1:27 PM
To: Neil Hendershat
Subject: FW: Raab: Ocean City NJ Property; distribution of cash and securities
Neil,
I take this opportunity 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 bill paying, asset liquidation
and maintenance issues, your clients have not responded to our request to address some of the more
significant remaining matters of estate administration that need to be addressed. I am writing once again in
an effort to get a response from your clients or� these issues.
On June 6, I wrote to 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 for estate
administration; 2) agreement on a process for distribution or liquidation of items of personal property; 3)
distribution of copies of family photos in Mandy's possession; 4) liquidation of the real estate assets;
5) reimbursement of fiduciary expenses and resolution of other disputed issues as outlined in my June 6
email.
On June 7, you emailed me that you had "responded" to my June 6 email, (you told me this twice), but to
date, no such response has been received. I sought to follow up on this with you, se�eeral times.
On June 12, I emailed you regarding Donna Mullin's suggestion regarding distribution of estate cash and
securities. She wrote to us both, advising us of the balance of these accounts ($6,540,247) and suggesting that
all of these accounts should be distributed to the benefiiciaries, except for$500,000 which she stated would be
sufficient to meet the remaining needs of the estate/trusts until they are finally adjudicated. I sent you a
recommendation and request that your clients agree to distribution of these assets. (copy below).
To date,your clients have made no response tA this request at all.
I would like your clients to kindly respond to each of the following requests, on or before Monday.June 24:
1. Please authorize distribution of cash �nd securities held by the trusts and estate, less $500,000 as
Donna recommends, to be made prior to June 30th: �
Cash and in kind securities valued at $2, 073,415 each to Wendy and Laurie;
Cash and in kind securities valued at $1,893,417 plus credit of$180,000
(forthe advance)to Mandy
Total amount distributed $6,040,247
(plus Mandy's advance) 180,000
2. Please authorize entry into a listing agreernent for the real estate located in Fiorida (the executrices
have all discussed that there is one realtor who is qualified to list this property and it is not anticipated that
there will be disagreement on this point) so that it can �e sold at fair market�✓alue.
�
. � • ,,
3. Please authorize entry into a listing agreement for the real estate located in Ocean City. Both Mandy
and Wendy have indicated that they wish to purchase this property at the right price, but there is
disagreement among the Executrices as to its fair market value. Thus, it should be offered publicly and sold to
� whomever makes the highest and best offer.
4. Please propose a process and prompt timetable for distributing all personal property to be agreed upon
by all parties. Failing agreement on a process and�imetable, then please authorize entry into an agreement
with a qualified auctioneer, who will auction off the items of personal property to the highest bidder at public
auction. The three sisters will be permitted to bid on these items if they wish to do so.
5. Please ask Mandy to agree to have copies made of all photos of family (digitally)to be distributed to
each of her sisters and notify us of her agreement to do so.
6. Please agree that each Executrix shall prepare a list of expenses for which they will seek;reimbursement
for submission as claims against these estate/trusts. These can be resolved through further negotiation or
pursuant to the usual Orphans' Court approval process, in the ordinary course.
Kindly respond by�une 24, agreeing to the above, or in case of disagreement with any item, offering a counter
proposal as to how that item should be handled. i:indly respond in writing.
The Executrices have agreed that they shall act unanimously regarding these administration issues. The
purpose of this email i$to determine which of the above i.tems the Executrices can agree upon unanimously,
and which of them they cannot agree upon and are at an impasse.
Thankyou
To m .
Thomas A. French
RHOADS &SINON LLP '
One South Market Square � P.O.Box 1146 � Harrisburg, PA 17108-1146
T:(717)231-6625 � F:(717)238-8622
e-mail:tfrench@rhoads-sinon.com
http:/f www.rhoadssinon.com/attorneys-Thomas-French-Litigatioro-Attorney.html
From: Thomas A. French
Sent: Wednesday, June 12, 2013 1:42 PM
To: 'Neil Hendershot' � �
�ubject: RE: Ra�b: Ocean City NJ Property; distribution of cash and securities
Neil,
I am responding to your below email.
1. Insurance: Wendy agrees to the inspector and payment as described in your email.
2. Pool: Wendy approved the pool restoration on 4/28 and again on 5/4.Although she agrees that estate funds
may be used to pay these expenses, she does not waive her right to contend that your clients are ultimately
responsible to pay for the restoration since their refusal to pay�or maintenance last year resulted in th� pool
2