HomeMy WebLinkAbout02-04-15 .
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Thomas A.French,Esq.(Atty ID#39305) Neil E.Hendershot,Esq.(Atty ID#23316)
Holly L.Cline,Esq.(Atty ID#208141) Serratelli,SchiPPman&Brown,P.C.
Rhoads&Sinon LLP 2080 Linglestown Road,Ste 201
One South Market Square,P.O.Box l 146 Harrisburg,PA 17110
Fiattisburg,PA 17108-1146 Phone:(717-540-9170
Phone: (717)233-5731 Attorneys for Laurie Ann R.Kucher and Mandy Raab Carson
Attorneys for Wendy Raab Robbins
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
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: No. 21-12-398 ` -� �'
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WALTER F. RAAB LNING 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
ESTATE OF BERNICE J. RAAB : ORPHANS' COURT
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JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT
Wendy Raab Robbins ("Wendy Robbins"), by and through her attorneys, Rhoads &
Sinon LLP, and Mandy Raab Carson ("Mandy Carson") and Laurie Ann R Kucher ("Laurie
Kucher"), by and through their attorneys, Serratelli, Schiffman & Brown, P.C. (such individuals
collectively, the "Parties"), hereby jointly file this "Joint Motion for Approval of Settlement
Agreement" (the "Joint Motion"), requesting that the Court approve the Parties' Settlement
Agreement, dated January 14, 2015 (the "Settlement Agreement") and enter the attached Order
of Court.
1
978115.1 �
In support of the Joint Motion, the Parties state as follows:
1. Wendy Robbins, Mandy Carson and Laurie Kucher are sisters, and were the
daughters of Walter F. Raab ("Walter") and Bernice J. Raab (`Bernice"), now both deceased.
2. Prior to their deaths, Walter and Bernice each passed substantially all of their
assets, respectively, to the Walter F. Raab Living Trust ("Walter's Trust"), and to the Bernice J.
Raab Living Trust (`Bernice's Trust"), which each became irrevocable upon their deaths
(collectively, the "Trusts").
3. Walter died on April 3, 2003; and Bernice died on July 26, 2011.
4. Since the death of Bernice, the Parties have served as the Co-Trustees of both
Trusts, and are remainder beneficiaries of both Trusts, which are administered under the above-
captioned docket numbers.
5. The Parties also are Co-Executors of the Estate of Bernice J. Raab, deceased
(`Bernice's Estate"), which is administered under the above-referenced docket number.
6. The assets of Bernice's Estate are distributable to Bernice's Trust.
7. Disagreements arose among the Parties in the administrations of the Estate and
the Trusts and in distribution of their assets.
8. This Court appointed, and thereafter continued the appointment of, Wayne F.
Shade, Esq. to serve as Master (the "Master"), to hear and adjudicate claims and matters arising
from the administrations of the Estate and Trusts.
9. Instead, by negotiation, the Parties attained amicable resolution among
themselves upon all issues in dispute, and entered into the Settlement Agreement in their
capacities as fiduciaries and beneficiaries. A true and correct copy of the text and execution
pages of the Settlement Agreement is attached hereto as Attachment "A. "
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10. The exhibits referenced in, and made part of, the Settlement Agreement (its
Exhibits A-1, A-2, A-3, and A-4) are not included as attachments to this Motion, due to their
length, and also because the Parties desire to preserve their privacy regarding the lists of tangible
personal property of the Estate.
1 L Instead, upon the filing of this Motion, a copy of those Settlement Agreement
Exhibits shall be presented directly to the Court for its review in camera, as deemed necessary or
appropriate. Such Exhibits shall not be presented to the Master in service of this Motion upon
him, unless requested by the Court or by the Master.
12. The Settlement Agreement represents the compromise and agreement of the
Parties on the matters set forth therein, the consideration for which is the settlement of all their
disputes, the reimbursements or allocation of certain contested costs, and the selection and
distributions of assets from the Estate and Trusts.
13. The Settlement Agreement specifically provides that it shall be submitted to the
Court for approval, for entry as an Order of Court, enforceable as such in the event of breach by
any Party.
14. The Settlement Agreement also provides for withdrawal by Wendy of certain
prior pleadings, pursuant to Section 10, and states: "Upon Court approval of this Agreement,
Wendy's counsel shall file a praecipe with the Clerk of the Orphans' Court withdrawing the
Petition for Injunction and for Removal of Fiduciaries, and the Petition for Appointment of a
Limited Administrator Pro Tem, with prejudice." A true and correct copy of the form of
Praecipe withdrawing said Petitions is attached hereto as Attachment `B".
15. The Settlement Agreement also provides for termination and distribution of an
already-funded testamentary trust from Bernice's Trust for the benefit of Matthew Robbins,
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pursuant to Section 9, and states: "The Trust for Matthew Robbins shall be terminated by mutual
action of the trustees of that trust, and with approval by the Court, with the proceeds thereof
distributed to him, outright, individually. The Trustees agree to file with the Court, with a copy
to Vanguard, any such documentation necessary to cause distribution and termination of the
Trust within 30 days of Court approval hereo£" The Parties agree to do that before the Court.
16. The Court's approval of this Joint Motion should remove the need for continued
appointment of the Master. The Parties request that the Master's appointment be terminated by
the Court, and that the Master shall submit a final statement for services rendered, which shall be
paid by the Estate/Trusts as an administrative expense.
17. Prompt approval of the Settlement Agreement is respectfully requested, since it
provides for deadlines that require actions to be taken in February, 2015.
18. The Parties thus jointly request that the Settlement Agreement be approved and
entered as an Order of Court, in the form accompanying this Joint Motion.
19. Counsel represent to the Court that they have the authorization of their respective
clients to sign this Joint Motion after their review of the final version of this Joint Motion to be
filed with the Court, thereby binding their respective clients in these requests.
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WHEREFORE, Wendy Raab Robbins, Mandy Raab Carson and Laurie Ann R. Kucher,
in both their fiduciary and in their individual/beneficial capacities, respectfully request that the
Court approve the Settlement Agreement and enter the same as an Order of Court, in the form of
Order accompanying this Joint Motion.
RHOADS & SINON LLP SERRATELLI,SCHIFFMAN & BROWN,P.C.
B g ��-Y�.�
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Thomas A. French, Esquire Neil E. Hendershot, Esquire
One South Market Square 2080 Linglestown Road
P.O.Box 1146 Suite 201
Harrisburg,PA 17108-1146 Harrisburg,PA 17110-9670
(717)233-5731 (717) 540-9170
Gotcnsel for Wendy Raab Robbins Cotrnsel for Mandy Raab Carson&
Laurie�lnn R. Kucher
February 3,201� February 3,2015
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ATTAC H M E N T "A"
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
In Re: : No. 21-12-398
WALTER F. RAAB LIVING TRUST : ORPHANS' COURT
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In Re: : No. 21-12-399
BERNICE J. R.AAB LIVING TRUST : ORPHANS' COURT
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In Re: : No. 21-11-842
ESTATE OF BERNICE J. RAAB : ORPHANS' COURT
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SETTLEMENT AGREEMENT
MADE THIS day of January, 2015, by and among Wendy Raab Robbins, Mandy
Raab Carson and Laurie Ann R. Kucher, as follows:
Recitals
A. Wendy Raab Robbins ("Wendy"), Mandy Raab Carson ("Mandy"), and Laurie
Ann R. Kucher ("Laurie") are the "Parties"to this Settlement Agreement(the
"Agreement"), both in their fiduciary capacities and also in their individual/
beneficial capacities.
B. The Parties are the daughters of Walter F. Raab ("Walter") and Bernice J. Raab
("Bernice"), and are natural sisters.
C. During their lifetimes, Walter and Bernice divided and passed substantially all of
their assets to, respectively,the Walter F. Raab Living Trust ("Walter's Trust")
and the Bernice J. Raab Living Trust ("Bernice's Trust"), referenced collectively
as the "Trusts", which are administered under the above-referenced docket ,
975898.1
numbers in the Orphans' Court Division, Court of Common Pleas of Cumberland
County, Pennsylvania(the "Court").
D. Laurie, Wendy, and Mandy are co-trustees (the "Co-Trustees") of the Trusts,
which are both irrevocable now.
E. Bernice died on July 26, 2011, a resident of Cumberland County, Pennsylvania.
Laurie, Mandy, and Wendy serve as the co-executors (the "Co-Executors") of the
Estate of Bernice J. Raab, deceased (the "Estate" or `Bernice's Estate"), the
assets of which are distributable to Bernice's Trust, and therefore, in equal one-
third shares each to Laurie, Wendy, and Mandy.
F. Laurie, Wendy, and Mandy are equal one-third remainder beneficiaries of both
Trusts (after an adjustment, as to Bernice's Trust, for a$180,000 advance
distribution of cash to Mandy by Bernice, as referenced in documents governing
Bernice's Trust).
G. The Trusts previously liquidated real estate located at 1736 Crisswell Place, Camp
Hill (Lower Allen Township, Cumberland County), Pennsylvania 17011 (the "PA
Property"), and at 19750 Beach Road, Apartment 506, Jupiter-Tequesta, Florida
Jupiter, Florida(the "FL Property"). The net proceeds therefrom are held by the
Trusts.
H. The furnishings and contents of the PA Property and the FL Property remain
owned by the Estate, stored under the supervision of the Parties.
I. The Trusts possess, in one-half common ownership, a residential property located
at 337 Seabright Road, Ocean City, New Jersey (the "NJ Property").
J. Bernice's Estate owns the contents of the NJ Property.
K. The remaining furnishings and other tangible personal property of the Estate, are
located at the following locations and are partially identified in the following
Exhibits A-1, A-2, A-3, and A-4, attached hereto, together with the contents of the
NJ Property (except for those items described as excluded therefrom in paragraph
2(� below), the former contents of the FL Property held in the below referenced
storage units, and the furs at Muscalus Furs (hereinafter collectively the "Personal
Property"). All Personal Property of the Estate, including that which is located at
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the following locations shall be distributed pursuant to the terms of this
Agreement whether or not specifically identified on any exhibit hereto.
Location/iTnit ' Key Content Exhibits
Held By
UHaul Moving & Storage at Laurie Crisswell and FL A-1: Laurie's photo
Airport personal property inventory, cross-indexed to
5356 University Boulevard moved to storage by the two estate appraisal
Moon Township, PA 15108 Laurie reports
Uncle Bob's Self Storage Donna Crisswell personal A-4: Wendy's photos of
191 Salem Church Road Mullin, property moved to items stored from Crisswell
Mechanicsburg, PA 17050 CPA storage
Unit 772
SmartStop Self Storage Mandy Crisswell and FL A-2: Mandy's photo
15 Landings Drive personal property inventory, cross-indexed to
Pittsburgh, PA 15238 moved to storage by the two estate appraisal
Unit 569 Mandy re orts
Uncle Bob's Self Storage Wendy Crisswell personal A-3: Wendy's photo
191 Salem Church Road property moved to inventory, cross-indexed in
Mechanicsburg, PA 17050 starage by Wendy part, to the Cordier estate
Unit 731 appraisal report, plus
additional items
Space Mart/Uncle Bob's Erin Gill FL personal property Contents to be inventoried
Self Storage moved to storage by Auctioneer
4751 Westport Drive
Mechanicsburg, PA 17050
Unit D505
Space Mart/tJncle Bob's Erin Gill FL personal property Contents to be inventoried
Self Storage moved to storage by Auctioneer
4751 Westport Drive
Mechanicsburg, PA 17050
Unit D506
L. The Estate and Trusts currently possess cash and marketable securities on account
at Dominick & Dominick, LLC, in an amount of approximately $9,000,956.35 as
of December 22, 2014 (the "Cash and Securities").
M. Disputes have arisen among the Parties and before the Court that the Parties
desire now to settle amicably.
N. This Agreement represents the agreement of the Parties on the matters set forth
below, the consideration for which is the settlement of their disputes, the
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reimbursement or allocation of certain contested costs, and the distributions of
assets and property from the Estate and Trusts.
O. This Agreement shall be submitted to the Court for approval, entry as an Order of
Court, enforceable as such, in the event of breach by any Party.
Provisions
The Parties agree as follows:
1. The foregoing recitals are incorporated herein by reference and made a part of this
Agreement.
2. Distribution of New Jersev Propert�
a. The Parties shall conduct and complete a private auction for an in-kind
distribution of the NJ Property and its contents (except as set forth below)
at 10:00 a.m., on Friday, February 27, 2015, or such other date and time as
the Parties shall unanimously agree in writing, involving the Parties and
their attorneys, at the business office of Cordier Auctions & Appraisals,
1500 Paxton Street, Harrisburg, PA 17104, which is operated by David
Cordier ("Cordier" or the "Auctioneer"), for the purpose of determining an
in-kind distribution of the NJ Property to one of the Parties (the "NJ
Property Selection") who is willing to take credit for that distribution at a
value higher than $825,000, with adjustments in value as to the other
Parties based upon a"hotchpot" calculation described below.
b. Erin Gill (the "Bookkeeper") shall serve as a secretary at the NJ Property
Selection to evidence and witness the proceedings. She shall record the
time of each bid on the form described below. The NJ Property Selection
shall be a closed proceeding with only the Parties being permitted to bid.
However, each Party may be accompanied by a spouse or other family
member, and an attorney.
c. The Parties shall direct Cordier to employ a private security firm to
provide security services throughout the NJ Property Selection (and also
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the tangible personal property distribution selection described later). The
private security firm's expenses will be paid by the Estate/Trusts.
d. There will be a reserve/opening bid of$825,000 for the NJ Property. The
income tax basis for the NJ Property shall be $825,000 (or such other
value finally assessed by the Internal Revenue Service in its clearance of
the Form 706 filed for the Estate and Trusts), plus improvements to date
(collectively, the "Carrying Value").
e. Bidding shall take place as follows:
i. A bid sheet, in the form attached hereto as Exlzibit "B", shall be
used to place written, binding bids. The Parties agree that they and
anyone associated with them shall not use cell phones or send
emails or text messages or any other communications during the
bidding process. Parties and any permitted associated with them
shall remain in the session continuously once the bidding begins.
ii. Parties desiring to bid shall draw straws to determine the order of
bidding, with the longest straw bidding first. Then bidding by the
other Parties shall proceed in order of size of straw, the shortest
straw bidding last, until the bidding resumes for another round in
that same order. Any disagreement as to order of bidding shall be
finally decided by the Bookkeeper, who will write the names of the
bidding Parties on the bid sheet, in order of bidding.
iii. The first Party to bid shall write the amount of her bid on the first
line of the bid sheet, and initial her bid. The next to bid shall do
likewise. The Bookkeeper will write the time of each bid on the
bid sheet. Each bidder shall have ten minutes, with an additional
five minute extension of right, to make her written and initialed
bid. The Bookkeeper shall give each Parties entitled to bid a
warning two minutes before the time expires, to eliminate
misunderstandings as to the allotted time for bidding. At the end
of that period, as extended, a Party shall be called upon by the
Bookkeeper either to make a bid or to acknowledge no interest that
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a further bid shall be made. Failure to make a bid in response to
the Bookkeeper's request shall constitute a cessation of bidding by
that bidder and she shall no longer participate in the bidding
thereafter. Any dispute as to whether a bid was untimely shall be
immediately decided by the Bookkeeper. Bidding shall continue in
this sequence and manner, until no Party makes a further bid
within the allowed time and in response to the Bookkeeper's
inquiries as to bid or no interest. At the conclusion of the bidding,
the last, highest bid shall prevail ("Prevailing Bid"), and the Party
making the Prevailing Bid shall be the "Prevailing Bidder".
iv. In the event that the Prevailing Bidder fails to perform all
obligations required of her pursuant to Section 2 of this
Agreement, either or both of the other two Parties can seek specific
performance of the bid and transfer of the NJ Property to the
Prevailing Bidder. The defaulting bidder shall pay the attorneys'
fees and costs of any other Party in seeking to specifically enforce
the bid and transfer of the NJ Property.
v. The Trusts shall employ and engage John A. Ridgway, Esq., of
Ridgway & Ridgway, 15 Shore Road, P.O. Box 277, Linwood,
New Jersey 08221 (or such other attorney as the Parties shall in
writing agree) to serve the Estate and Trusts as "New Jersey
Counsel". New Jersey Counsel shall prepare an appropriate
fiduciary warranty deed and closing settlement sheet. The closing
sheet shall allocate real estate closing costs, transfer fees/taxes, and
other pro rations customary in New Jersey, equally between the
Trusts, as grantor, and the Prevailing Bidder, as grantee, in the
settlement of a distribution in-kind of the NJ Property from the
Trusts. The Prevailing Bid shall be shown on the closing
settlement sheet as the transfer price. The New Jersey counsel
shall prepare a 1099 form reporting the transfer at the Carrying
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Value as an in-kind distribution from the Trusts, and will advise
upon any necessary post-transfer matters on behalf of the Trusts.
£ The NJ Property shall be conveyed with furnishings and household items
presently located within the NJ Property, subject to removal of selected
Personal Property as follows:
i. Photographs on the walls. These shall be digitally photographed
and copies distributed to each Party. The originals shall be
included in the Personal Property Selection discussed below.
ii. Other artwork on the walls and carved birds in kitchen. These
shall be removed and included in the Personal Property Selection.
It is agreed that property to be included in the Personal Property
Selection shall be removed from the NJ Property by a neutral
person, such as the Bookkeeper, Cordier, or other individual
agreed upon in writing by the Parties.
g. The Estate will not conduct any title search, but a Party may conduct such
a title search prior to the auction of the NJ Property. The Trusts shall pay
all fees and costs of NJ Counsel to prepare and file the Fiduciary Warranty
Deed, to prepare a settlement sheet containing all taxes, charges, and other
usual pro rations, a 1099 form reporting the transfer at the Carrying Value
as an in-kind distribution from the Trusts, and to advise upon any
necessary post-transfer matters on behalf of the Trusts.
h. The Parties shall execute a fiduciary wananty deed as prepared by NJ
Counsel to convey the NJ Property to the Prevailing Bidder, which shall
be signed and delivered at the NJ Property Selection.
i. The Prevailing Bidder shall accept delivery of the deed as an in-kind
distribution of part of her share of the Trusts, and agree to a credit against
her distributive share of the Trusts, in the amount of the Prevailing Bid,
together with the Prevailing Bidder's share of pro-rated transfer t�es,
fees, costs and expenses (hereinafter the "Distribution Value") calculated
as follows (the "hotchpot" calculation): The difference between the
Distribution Value and the Carrying Value, shall be determined. That
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difference shall be added to the Trusts for purposes of making an adjusted
distribution calculation. Each Beneficiary's share shall equal one-third of
this adjusted amount (in a manner similar to the adjustment for the
advancement by Bernice to Mandy for $180,000). The Prevailing Party
shall then accept the NJ Property in kind as a credit from the Trusts for her
one-third share of the Trusts when the securities and cash are transferred.
j. The Trusts shall advance pay the Prevailing Bidder's share of customarily
allocated transfer fees/taxes, and prorated costs and expenses, as shown on
' a Closing Statement Sheet, as such an advancement.
k. NJ Counsel shall record the Deed and deliver the Trust's payments to
governmental authorities and any other payees listed on Closing Statement
due such amounts.
1. The Parties acknowledge that there have been no representations by any
other Party, or by the Estate or Trusts, regarding the condition of the NJ
Property or the structural components that may be contained therein.
i. Except as provided for herein, the Parties acknowledge and agree
that the Parties and the Trusts have not made and hereby
specifically disclaim any warranty, guaranty or representation, oral
or written, past, present or future, of, as to, or concerning the
nature, square footage, condition, value or quality of the NJ
Property, including but not limited to, the soil, geology and
suitability thereof, for any use which Prevailing Bidder may elect
to conduct thereon, and the legal status, construction, condition,
quality, or state of repair of the NJ Property.
ii. The Parties agree that they have inspected and examined the NJ
Property to the extent deemed necessary by them to evaluate the
purchase of the NJ Property and to make a bid. The Parties further
acknowledge and agree that Prevailing Bidder is relying solely
upon the inspection, examination and evaluation of the NJ Property
by Prevailing Bidder. Prevailing Bidder shall receive in-kind _
distribution of the NJ Property on an "AS IS, WHERE IS" basis
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with no general warranties, and with all faults, whether apparent or
unknown. Trusts make no warranty or representation, expressed or
implied, arising by operation of law including but in no way
limited to any warranty, condition, habitability, merchantability, or
fitness for a particular purpose.
iii. Notwithstanding the foregoing, the Parties acknowledge that there
was a leak in the roof of the NJ Property and that damage resulted
from the leak. To the extent that said roof and damage have not
been repaired completely, it is agreed that all rights of the Trusts
under any policy or policies of insurance, and the remaining
proceeds thereof, if any, shall be assigned to the Prevailing Bidder.
The Parties shall take such steps and execute such documents as
are reasonably necessary or convenient to accomplish such
assignment, if necessary.
m. Possession shall be given at the time of recording of the deed.
3. Distribution of Cash and Marketable Securities. Immediately following the
transfer of the NJ Property to the Prevailing Bidder, the Parties agree that the remaining Cash
and Securities of the Estate and Trusts, shall be distributed as an advance distribution on account
of each Party's interests, subject to the following provisions:
a. The distribution to Mandy shall take into account the $180,000 advance
distribution of cash referenced in Bernice's Trust Agreement.
b. In calculating the amount of separate shares, in addition to the adjustment
made above relating to distribution in kind of the NJ Property, an amount
equal to One Hundred Eighty Thousand Dollars ($180,000) shall be added
to the Bernice Raab Trust. Each share shall equal one-third of this
adjusted amount. Mandy then shall give credit reducing her distribution
by an amount equal to the prior advancement of $180,000.00, of which
she is entitled to a one-third share, thereby allotting $60,000.00 to Laurie
and Wendy, to equalize cash to be distributed to the other Parties
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according to the provisions of Bernice's Trust Agreement, as amended
(the "Hotchpot" calculation).1
c. The advance distributions shall be calculated upon an adequate reserve or
holdback amount for purposes of potential additional taxes, administrative
expenses, and fees, in a total amount to be established by Donna Mullin,
CPA, of Boyer & Ritter, CPAs (the "Accountant"), who serves as
accountant for the Estate and Trusts. Upon the closing of the Estate and
Trusts, the net remaining amount of those reserves shall be distributed in
one-third shares in accordance with each Party's remaining share.
d. The advance distributions shall be conditioned upon and evidenced by a
Receipt, Release, and Waiver documents in form acceptable to the
respective counsel for the Parties.
e. The securities in the Trusts shall be distributed in equal one-third shares as
to those securities capable of division into such shares. Those securities
not capable of such equal divisions shall be distributed as agreed by the
Parties, but, in the absence of a prompt agreement, after recommendation
by the Trusts' financial advisor, Dominick & Dominick, LLC, such
securities not capable of equal division shall be sold, and the proceeds
thereof shall be distributed to the Parties in accordance with their interests.
£ Such advance distributions shall be made to the Parties within 14 days
after the NJ Property distribution in-kind.
g. The Accountant is given discretion to provide advice to the Parties as to
when the Estate and the Trusts may be distributed finally and closed. The
Parties agree to cooperate in that process.
' For purposes of illustration and to demonstrate the intention of the Parties in calculating a"hotchpot" adjustment,
which is applicable both to Mandy's advancement and also to the increased value due to an in-kind distribution of
the NJ Property, the following example is offered. If the original fund to be distributed, hypothetically, is
$1,200,000, then Mandy's advance distribution of$180,000 would be added, for an augmented fund of$1,380,000.
A one-third share of the augmented fund would be $460,000. Against her augmented share, Mandy would be
credited with $180,000 already received, for a resulting distribution to her of$280,000 from the original fund. -
Laurie and Wendy would receive$460,000 each from the original fiznd. These adjusted distributions resulting from
the"hodgepot"calculation,would total the original$1,200,000 available for distribution.
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4. Disposition of Personal Property. At the expense of the Trusts/Estate, the Estate
and Trusts items of Personal Property shall be distributed to the Parties or otherwise disposed of
in the following manner:
a. The Auctioneer shall be appointed to supervise the selection and
distribution of all Personal Property, except the photographs and
memorabilia from the walls of the NJ Property, which shall be handled
pursuant to Paragraph 2 above, and also the contents of the NJ Property,
which shall be conveyed by a bill of sale from the Estate to the Prevailing
Bidder who becomes grantee of the NJ Property. All remaining tangible
personal property, as set forth in Exhibits A-1, A-2, A-3, and A-4, is
collectively referenced herein as the "Personal Property".
b. The Auctioneer shall transport the Personal Property from those locations
where items are currently stored, to a single storage location in the
Harrisburg-Mechanicsburg area, as directed by the Auctioneer. The
transportation costs shall be borne by the Estate/Trusts. The Auctioneer
may provide transportation services or may engage carriers for that
purpose. The Auctioneer shall make an inventory of all items located in
each Estate/Trust storage unit, labeled by storage unit, and shall provide
those inventories to the Parties at least one week prior to the Distribution
Session defined below.
c. The Parties represent and warrant to each other and to the Auctioneer that
all items set forth in their separate respective photographic inventory lists
(attached hereto as Exlzibit "A-1, A-2 and A-3'� are accurate and
complete as to those items of Personal Property controlled or supervised
by each of them, and that all such Personal Property has been released to
the Auctioneer for the distribution session. The Parties also release to the
Auctioneer all items of Personal Property controlled or supervised by the
Estate.
d. Each Party has made claims against other Parties for certain items of
tangible personal property that are not listed in the Exhibits or that may be
located in the Estate's storage units. As a part of the settlement under this
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Agreement, all such claims among or against any Party are hereby
released pursuant to Paragraph 11 of this Agreement, which relates to
general release of all claims.
e. The Auctioneer shall thereafter conduct a distribution session for the
Personal Property to be held on Saturday, February 28, 2015, and Sunday,
March 1, 2015 (the "Distribution Session").
i. Only the Parties individually may make selections for items of
Personal Property from among the lots made available to them.
However, the Parties may be assisted by a spouse or other family
member, who may be present as an observer during the
Distribution Session. All attendees at the Distribution Session
shall conduct themselves with proper civility and decorum, as
determined by the Auctioneer, who is authorized to enforce such
requirements.
ii. The Parties shall direct Cordier to employ a private security firm to
provide security services throughout the tangible personal property
distribution selection process.
e. Selection of the Personal Property by each Party shall be conducted as
follows:
i. All items to be distributed shall be collected in one location, and
shall be organized by the Auctioneer into a series of three lots of
similar kinds of items with reasonably equivalent value by lot.
The determination of lots by the Auctioneer shall be final. Each lot
shall be photographed prior to selection. Those photographs,
together with a record of which Party has selected each lot, shall be
maintained by the Auctioneer.
ii. The Parties shall select one lot from among each series of the three
lots of similar and equivalent items in sequence. The initial order
of selection sequence shall be determined randomly in the same
fashion as for the NJ Property Selection process. That order shall
be rotated in the following order: person 1, person 2, person 3;
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neYt,person 2, person 3; person l; next,person 3, persan l, person
2; and so on as to each lot or series of lots. T11is sequencing shall
continue until the Distribution Session is completed. Should one
or n7ore Farties drop out of selections, the remaining Parties shall
take turns making selections.
iii. Before the Distribution Session, but after the Auctioneer has
organized and allotted the Personal Property, any Party may view
and inspect the Personal Property. The Auctioneer shall provide
security measures during such viewing to safeguard the Personal
Property.
iv, Parties shall be responsible for remova] (packing/shipping} of all
property selected by them within two (2) days after conclusion of
the Distribution Session. The Estate/Trusts shall pay up to $3,00�
of each Party's shipping costs, upon presentment of receipts.
f. Items of Personal Property declined by al] beneficiaries will be sold
withou#reserve at public auction through Cardier Auctions(commission: 35%).
�. Ome�a Necklace. It is agreed that the Omega Necklace was advanced by Bernice
�o i a U,e�
to Mandy in�$�, was the subject of gift tax reporting by the Estate for that year, and shall be
released to Mandy.
6. Fiducia�Expenses/Attornevs' Fees.
a. The Parties have delivered to each other Party, a detailed itemized list af
ali expenses incurred and paid by that Party, together with all receipts and
other records showing payment. The Parties agree that the following
expenses shall be paid by the Estate/Trusts to the Parties as Trusts/Estate
expenses witllout objection, as set forth in documentation exchanged
contemporaneously with the signing of this Agreement:
• Mandy- $ 6,700.93
• Wendy - $ 4,913.00
• Laurie - $ 12,473.4�
13
� 01�14/1� LiZ,��iPM THE UF� �TORE �8�8 412?8�4737 p�0�
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t�kc��.Srt�� n�r��,i.n�a��.�Ir<:t:i�ar�s.
ii.i. �:3t1`���r.�:' t��G Ul�at�`iL�iltiUi7 �tswi<xn, ��tf, a�'t��� t�1� ��uc.tic�n��t° }ts�s.
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. 2: �ncE sa c�n a�, �c, cach int or scrics c�l�?u15, 'E�lt3s si:��u��iici�ig shall
r�t�tinuc tu��il �1�C l�i5lrit��tti�r� Scssion is tc�mpleted. �hou�d onc
c�r mc�re F'arties drnp nut nf selc�tivlZs. tYtf C�Tt]�E117]]� ��tl'I![:$ SI't3��
iak� tc�rn� irr�ki�i�se€cctic�iys.
iii. �icl��rc Ehc I)�s�i�ibu�int� Sestiicm, E��.�t aftcr the �'�uctinr�eer hac
�yr�l7�ii�E:11 7nri �I1nrtP�i tli�, P�rsrir7Nl f'rr�pe�rty: �i1}� Ps�t�tv anay vi�u.'
an� inspec� 'lic 1'c:�sonal Prcrp�crt}', 'l�tc: Aucti�n�c.7 shall provid�
sec�arit}� ��easures ti�urin� surh �ri��win�, to safe��urd tlle i'�rcnn,�E
E'cn�c�7Y�,
i��. P�rues �;h:��1 lye resPc���;i�le li�r nmc:W'�1 (�►ack�n�,rshi����g) nt' ali
�rt�pc�w' stf�itc�{ t�y tl�en7 tti�illin t�v�� �?� ��ys after ��ticiu�i�n ut'
thc I_)istri�Ltti�n Scssi�n, 'i�he E�-ial�e�"�'r�sl4 shall �a�� u�� tcr �3,0(�!�
cr1�eacl} Part;��'s;�l�ip�>ing c.�si�,u��On]�resen'�nenf af receE�7t�,_
f. 1tE�rnti 1?� F�CT�i}]1�3� }'t�:��,���t�` c�ec.linetci hy �tfE heneliciari� uriti he 5�lcf
�.:�����`- _ ti�iih�ut »eser��e ac p�:blic aucti�r,t��rc��gh Cor�i�Auclion.5 {�.c�mmitisic�n: z5�o}.
:�- , -
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�'[rl�� .
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lC1ti�S�'f� :U MBRC{t'.
(�. E'idu�iar�:.�-;s�enSeSt:�'lttorneks' rees.
a_ �I�JY�: �'�rfics h�v� Ll�.;ir�cr�c� ��, c�ck� c�thcr �'�r�y, .� d�t�ilcd iiemi���i lis[ c�i�
aEl �x��enses irt«u7ed an� l�aitl by� that Y�irty, tn�;ether�-�lh all recei�ts�nd
:�th4r rc���rt�s �}�o�'irtg E�atiy�rncnt_ �l'hc. 1'�rtics a�irc �ha� t.tie I�l[owit��
�+���n5cs sh�eIl tx pairJ b3� thc rtitute.�"Crusts t�� tsae Patrties �s TrtastsJ?;st�cte
cxptins�s z��itliout ai�jecticril, �s 5e� I�x�'t7� iii iIUCti11I14111i341�I1 cxcha�i�:r,i
�c�ntc�nP�rrdnec���s'�` w�ll� Lhe;;i�nlr]�t'�!'tE'ot5 l'1�ri�tt7�:�t.
• �1��tr,a�•-S b,?0[}.9;
. �h'�~n�)f- $ �,�3l:�,�0
+ iz;�uric • � I?.�7�.��
!�
b. Laurie and Mandy each shall be reimbursed by the Estate/Trusts for their
lodging expenses (not including food), incurred for their attendance at the
NJ Property Selection and the Distribution Session.
c. Any Party shall be reimbursed by the Estate/Trusts for vehicle usage in
travel between their homes, and the Auctioneer's office, and return
(calculated at the applicable standard business mileage rate established by
the Internal Revenue Service), for their attendance at the NJ Property
Selection and the Distribution Session.
d. The Parties agree that any further expenses they may incur shall be paid
by them personally, unless unanimous express authorization is received in
advance of making the expenditure.
e. The Estate/Trusts shall pay attorneys fees in the amount of $125,000.00,
allocated as follows:
• Laurie— 27.5% _ $34,375.00
• Wendy—45% _ $56,250.00
• Mandy—27.5% _ $34,375.00
Such payments shall be made by the Estate to counsel for Laurie, Wendy, or
Mandy upon presentation to the Estate and Trusts of an un-itemized statement
"for services rendered" from such counsel to preserve the confidentiality of each
Party's representation or to each of the Parties directly, upon request, for
reimbursement of previously-paid legal fees, not exceeding the amounts set forth
above. By paying such fees and expenses, no Party waives attorney-client
privilege. The Parties agree that they and their counsel shall cooperate in
responding to any taxing authority regarding such fees as claimed deductions on
death tax returns. Any remaining actions of the Parties, to be taken in their
capacities as Trustees or Executrices, shall be made on a unanimous basis. The
Parties agree that their counsel shall share generally equally (50/50) any tasks
required for completion of administrations of the Estate and Trusts, as shall be
approved in advance by the Parties or requested by the Accountant for the benefit
of the Estate or Trusts, and ethical duties of counsel performing such actions shall
relate to the Estate or Trusts, and not to a particular Party. Legal expenses
14
incurred by a Party not so approved or requested shall be the responsibility of that
Party.
7. Additional Actions. The Parties shall take such additional actions and execute
such documents as may be necessary or convenient to the accomplishment of all of the purposes
of this Agreement, consistent with the intentions of the Parties, including submission to the Court
for approval.
8. Termination of Administrations. When the Accountant recommends that the
Estate and Trusts shall be terminated, then the Account shall prepare a statement of balances
remaining in hand and a summary in form acceptable to counsel for the Parties, whereby the
remaining balances in the Estate and Trusts can be distributed outright and finally to the Parties.
The Parties agree that the further trusts provided in the documents establishing the Trusts shall
not be funded, but all distributions of assets shall be made outright, subject to the provisions of
receipts and releases executed by the Parties.
9. Trust for Matthew Robbins. The Trust for Matthew Robbins shall be terminated
by mutual action of the trustees of that trust, and with approval by the Court, with the proceeds
thereof distributed to him, outright, individually. The Trustees agree to file with the Court, with a
copy to Vanguard, any such documentation necessary to evidence distribution and termination of
the Trust within 30 days of Court approval hereof. Expenses incurred in effectuating dissolution
of the Trust for Matthew Robbins shall be paid by Matthew's Trust. Matthew will select the
attorney to provide the legal services required for his representation in dissolution of the Trust.
10. Withdrawal of Pleadin�s. Upon Court approval of this Agreement, Wendy's
counsel shall file a praecipe with the Clerk of the Orphans' Court withdrawing the Petition for
Injunction and for Removal of Fiduciaries, and the Petition for Appointment of a Limited
Administrator Pro Tem, with prejudice.
11. Release of Claims. The Parties hereby release, discharge and acquit each other,
their respective agents, heirs, successors and assigns, and each of them, from any and all suits,
debts, agreements, promises, liabilities, claims, damages, actions, causes of action, or demands
of any kind or nature, which are alleged or could have been alleged, including without limitation,
statutory and common law causes of action, whether such claims are past or present, personal or
representative, known or unknown, arising out of the circumstances of the Estate, the Trusts, and
the Decedent, including but not limited to, any and all probate and non-probate assets of the
15
Decedent. This release shall not release any claims for enforcement of this Agreement or the
Order of Court contemplated by this Agreement.
12. Non-Disclosure. The Parties and their respective attorneys shall not disclose or
cause to be disclosed to anyone, either verbally, in writing or in any other manner, any of the
negotiations leading up to, terms or conditions of this Agreement other than those persons
necessary to obtain any financial, tax or legal advice. The Parties shall not make any disparaging
comments or communications regarding each other or any beneficiary under the Will. Nothing
herein contained shall prohibit the Parties from disclosing the terms of this Agreement as may be
required by law or to taxing authorities upon an enforceable request.
13. Entire Agreement. This Agreement sets forth the entire agreement between the
Parties regarding the settlement of this matter and supersedes any prior written, oral or implied
agreement between the Parties hereto regarding the subject matter hereof. This Agreement may
only be amended by a written agreement signed by the Parties hereto.
14. Voluntary Settlement. Each Party hereby represents and agrees that in entering
into this Agreement, they each have relied solely upon their own judgment, belief and knowledge
and their own legal and other professional advisors. The Parties agree that they voluntarily
executed this Agreement in good faith and deem the Agreement to be a full and equitable
settlement of this matter.
15. Governing Law• This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Pennsylvania.
16. Bindi� Effect. This Agreement shall be binding upon the Parties in their various
capacities, both fiduciary and individual, and also their respective, heirs, executors,
administrators, and assigns, and also upon the Trusts; and the Estate.
17. Counterparts. This Agreement may be executed by the Parties in separate
counterparts, each of which so executed and delivered shall be an original.
18. Stipulated Court Order. The Parties agree to file this Agreement with the Court
by way of a joint motion of their counsel, together with a form of approving and adopting Order,
seeking that the Court approve the Agreement and adopt it as an Order of Court. Performance of
this Agreement and the conduct of the NJ Distribution, the Distribution Selection, and other
matters referenced herein, shall be conditioned upon entry of such Order, except that any Party
16
.
il7! ti�,.�:� ^��7�:i:t I:"4'ISI:l:�('.t.`C11�alI rxt�1�1� ii�7iJi'_:it!;lb�l�t�.�l`C�: C .'t.EE'C:1�:7y?rta'�zl� te. ��1=': :�j 'it''v't"(��:."lt. e.1 �4lYti:
tir�t_:t9lrl ?;tie�;t,.v:; ��k .E7��3_�'t,����.�ezr;r^1d-
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. .
jt•ir:4 ^:�.' � ;!'ttt'- a$',ti°, ��.-��. +`f:�i:;iS:fT,�::ik i51 t�;;? "t�arT.'�.t23CL1! i�ilc �':�,Cid M,�Ftll'f, siSlu 1�3C: �..t`'i�l., ^,ki;
, � .
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1:1f1llli::�;!t:13 i:y:C La`-AYC1'il �:>� t�sJilll:'L,'"�:i: i,�lY �LC:�� �y4 �..'�:g�l, � t:I���-.�t. 1F� t, c1l'�!f)fI �'�:n �'Ft:.t�l L`�1' ',i.'("?;L�
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�'k�'�r�rrf�� t�'rr��l, C'�rx-_c1�Ft
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1 .
may seek specific enforcement of the obligation to seek court approval of this Agreement, at any
time after execution of this Agreement.
Otherwise, any Party, following the giving of a ten day written notice to the defaulting
Party or Parties, may seek enforcement of this Agreement and Court Order, and the Court, on
petition to enforce the Order, may order any legal or equitable relief, including entry of an
injunction or award of damages, on such petition. Further, in any action for breach or specific
enforcement, the Court may, in its discretion and upon request, enter an award for payment of
the reasonable attorneys' fees and expenses of a Party incurred in prosecuting or defending
against such action, petition, or cross-petition to enforce this Agreement or Order.
Execution
WHEREFORE, the Parties enter this Agreement, intending to be legally bound, to be
effective as aforesaid.
IN WITNESS WHEREOF, the Parties, in their capacities as aforesaid, have executed this
Agreement.
WITNESSES: PARTIES:
Laurie Ann R. Kucher
Date:
r� il '�. � ct.�.�- ��v�
Wendy ! ab Robbins
Date: i �1��aU1S`
Mandy Raab Carson
Date: -
17
. O1J1�11S 0�,33FM THE UFS ST�RE 28�8 4127�24737 p.03
n7t�W� r.�c.i.c �;��:4�sSac:.�.ti(�sn:�.;��t1t t�fth� <rtali�,�a.tit�tt t� ���i� ��ra.�r! tz��''xt}r+<tl �7�`tit�� ,�,�rt.���l��t�i� �.� �ta�y�
i.i.«t� �t}.1.�:i�t�xc�:>ti�Tt�j� s��iir.i:�,^��,�re;��1S��tlt.
f.�I:J�cr����isc.,, ��ny �°�-,t:t'��'. �'tall�rti�^rt�{�, ii�c� �,�,i��':��r; �Yf'r�. i�.*tz �tty' Lv'r�r.t�ri ���+i:it;c. t� �lse ci�#i�►,tit:'r��
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Acknowledgement
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF 0 :
�I,E1
On this,the�day of , 2015, before me, a notary public in and for the
Commonwealth of Pennsy nia,the undersigned officer, personally appeared Wendy Raab
Robbins, who is known to e (or who was satisfactorily proven) to be the person whose name is
subscribed to the foregoing Settlement Agreement, in the capacities set forth therein, and who
acknowledged that she executed it for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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otary Public
��MM�NWEP,L.Tt� OF PENNSYLVANIA
tJotarial 5eal
Gan� D, Conaway, Notary Public
4tihi'temdrsh Twp., Montgom2ry County
(�iy�r�mrriissiun Expires May 4, 2�15
MF��E�i, F€i�H$YL:'ANIA ASSCC�TIOt�OF hC�TAP.fES
. a1�14J15 02,3�FM THE OPS STORE 2828 �1�?8�4?3? �,Q�
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EXHIBIT "A"
Photo Inventories of furnishings
and personal property
,
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Ex i i ts
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a n - ave ee n
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ATTAC H M E N T " B "
t
Thomas A.French,Esquire
Attorney I.D.No.39305
Rhoads&Sinon I,LP
One South Market Square
P.O.Box 1146
Harrisburg,PA 1 7 1 08-1 146
Phone: (717)233-5731
Attorneysfor Wendy Raab Robbins
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
In Re: : No. 21-12-398
WALTER F. RAAB LIVING TRUST : ORPHANS' COURT
------------------------------------------------------------------------------------------------------------
In Re: : No. 21-12-399
BERNICE J. RAAB LIVING TRUST : ORPHANS' COURT
-------------------------------------------------------------------------------------------------------------
In Re: : No. 21-11-842
ESTATE OF BERNICE J. RAAB : ORPHANS' COURT
------------------------------------------------------------------------------------------------------------
PRAECIPE TO WITHDRAW
TO THE PROTHONOTARY:
Kindly withdraw the Petition for Injunction and for Removal of Fiduciaries, and the
Petition for Appointment of a Limited Administrator Pro Tem, filed by Wendy Raab Robbins,
with prejudice.
RHOADS & SINON LLP
By:
Thomas A. French, Esquire
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Wendy Raab Robbins
Attachment "B"
CERTIFICATE OF SERVICE
I hereby certify that on February , 2015, a true and correct copy of the foregoing
Praecipe to Withdraw was served by means of United States mail, first class, postage prepaid,
upon the following:
Neil E. Hendershot, Esquire
2080 Linglestown Road, Suite 201
Harrisburg, PA 17101
Lynne G. Ritter
Attachment "B"
CERTIFICATE OF SERVICE
I hereby certify that on this ��day of February, 2015, a true and correct copy of the
foregoing Joint Motion for Approval of Settlement Agreement was served by means of United
States mail, first class, postage prepaid, upon the following:
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, PA 17013
Matthew Robbins
�`-� `