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After the transfer of the businesses, Kenneth’s home fell
into disrepair, he had trouble paying for his custom-tailored
clothing, and he regularly ate in a soup kitchen. When Kenneth
discussed his sons he became so ill that his personal assistant
would have to administer heart medication.
During and after 1985, Kenneth demanded additional
distributions from the trustees and sought to regain control of
his businesses. In January 1989, he retained Attorney James
Riley, who filed an action against Dale, Franklin, and the bank
on March 28, 1989, in the Pennsylvania Court of Common Pleas. On
November 12, 1989, Riley refiled the action in the Orphans’
Court, pursuant to an order of the Court of Common Pleas stating
that “Exclusive jurisdiction over inter vivos trusts and the
removal of fiduciaries of trusts is vested in the Orphans Court
Division.” Riley prepared, but did not file, a Racketeer
Influenced and Corrupt Organizations Act (RICO) complaint against
the sons and the bank. Both Riley and the sons’ lawyer believed
that Kenneth probably would not recover damages relating to the
Orphans’ Court and RICO complaints. Nevertheless, after the suit
was filed, and throughout the course of the litigation, Riley
contended that Kenneth’s sons’ actions were responsible for
Kenneth’s emotional distress and tarnished reputation.
On December 24, 1991, Kenneth entered into a Settlement
Agreement and Release (settlement) with his sons, pursuant to
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Last modified: May 25, 2011