Loading...
HomeMy WebLinkAbout04-04-1131 March 2011 7838 CR 452 r~.s Cross Plains, Texas 76443 ~~ - ~ ,--~-'-~ ~~~ ~ " - T` ~ .t' : r - - cry -~ . ~~,~ -ri - -; Cumberland County Court of Common Pleas ~ ~ .~ ' , -_a y Court Division Clerk of Orphans v c a ~~ p - . . ms's ~ ~ i~ Floor Carlisle, Pennsylvania 17013 To the Honorable Presiding Judge: As one of the beneficiaries to the Edith S. Rffe Trust, as listed in docket numbers 21-11-0325, 21-10-1006, and 21-83-0773 Rule to Show Cause submitted on 13 March 2011 I would like to raise concerns of the request that John Maxwell be named Successor Trustee to the Edith S. Rife Trust. My concerns are listed below: • John Maxwell has financial conflict to being named sole Successor Trustee of the Edith S. Rffe Trust (ESR) (Charles Rife portion} since, as stated in the Charles Rife will page 3 (Attachment A), John Maxwell has borrowed money from the Charles Rffe estate which has not been paid in full, per the Charles Rife executor, Fred Junkins. John Maxwell is asking for complete turnover of Rife documents from Fred Junkins within 15 days of being named the Edith S. Rife (Charles Rife portion) Trust Successor Trustee. • Murrel Wagers, 111, Charles 1. Rffe attorney, has stated in his 25 March 2011 letter that the only assets that were identified as belonging to the Edith S. Rife Trust were 2 stock certificates with Allied Irish Bank. As verbally told, these assets are worth approximately $25,000.00. Please see a copy of Mr. Walters letter under Attachment B. Therefore a simple disbursement is all that is needed to close out the remainder of the Edith S. Rffe Trust asset(s). • John Maxwell "is likely to seek" the legal financial burden he has incurred in pursuit of being named Successor Trustee be reimbursed from the Edith S. Rife Trust (Charles Rife share) as stated from the Mr. James Cameron letter dated 22 November 2010 (Attachment C). To ail of the beneficiaries' financial status, a disinterested party such as the current Charles 1. Rife executor, Mr. Fred Junkins, would financially serve all 5 beneficiaries equally without reducing monetary receipt because of John Maxwell's incurred legal bills. • John Maxwell had not contacted other beneficiaries before initiating legal action. I do not see how it is in the best interest of the remaining beneficiaries to have John Maxwell, also a ESR Trust (Charles Rffe portion) beneficiary, be named Successor Trustee when communication never existed on the matter of the Edith S. Rife Trust before legal council had been sought. Furthermore,lohn Maxwell's counselor, Mr. James Cameron, has stated in his 18 March letter that John is presently NOT acting on my behalf (Attachment D). To all of the beneficiaries' financial status, a non-interested party such as the Markle Bank, Indiana, which administered the Edith S. Rife (Catharine (Rife) Maxwell portion) would more objectively serve all 5 beneficiaries ff the proposed Fred Junkins nomination is not acceptable to the court. Very Respectfully, 5~ 2- Sherri Maxwell C. THIRTY PERCENT (30°x6) to heirs of CATHERINE R. MAXWELL, as follows: John W. Maxwell, per stirpes 25% John has received money from me in the form of a loan. if that loan has not been repaid in full, -then the unpaid balance of the loan shall be offset against what he receives from my estate. Any such offset funds shall be distributed equally among these five designated heirs of Catherine Maxwell. If the loan balance exceeds this distributive share, any remaining debt shall be forgiven. Steven A. Maxwell, per stirpes 25% Steven has received money fi-om me in the form of a loan. If that loan has not been repaid in full, then the unpaid balance of the loan shall be offset against what he receives from my estate. Any such offset funds shall be distributed equally among these five designated heirs of Catherine Maxwell. If the loan balance exceeds this distributive share, any remaining debt shall be forgiven. Douglas Maxwell, per atirpes ~ 16 1 / 3 % Barry Maxwell, per stirpes 16 1 / 3% Sherri Maxwell, per stirpes 16 1 / 3% V The house in which I reside has been in my family for many years. I direct that when the residences along with the approximately ten acres on which it is erected is conveyed that a deed restriction be inserted. which would prohibit any further subdivision of th~t real property. 1 ~ I nominate, constitute and appoint FRED H. JUNHINS as Executor of this LAST WILL, to serve without bond. If FRED H. JUNHINS is unable or unwilling to act in that capacity, then I nominate, constitute and appoint M&T BANR, as Executor of this LAST WILL, to serve without bond. 3 A1TG1 A MURREL R. WALTERS, III Attorney at Law 54 East Main Street Mechanicsburg, Pennsylvania 17055-3851 (717) 697-4650 (717) 697-9395 Fax March 25, 2011 Sherri Maxwell 7838 CR452 Cross Plains, TX 76443 Re: Charles J. Rife Estate Dear Ms. Maxwell: I am responding to the Petition filed by John Maxwell as well as other inquiries relative to the Edith S. Rife Trust. There has been an enormous aznount of time spent by the Executor of the Estate of Charles J. Rife in going through the possessions of Dr. Rife. Those of you who knew him are aware of the fact that he never seemed to dispose of anything throughout his long life. The result has been that every nook and cranny of all of his buildings were full of items that had to be scrupulously examined. We have been pointing toward the April 2, 2011 public sale in completing this task. While we are not absolutely certain, it appears that we are finally in a position to conclude what actually is property of the Estate. Neither the Executor nor I have ever been privy to all of the details of the administration of the Edith S. Rife Trust since its creation in 1970.. Attorney Cameron has filled in many of the specifics in his petition. I cannot comment on what lh. Rife did or should have done during his lifetime relative to the Edith S. Rife Trust. I can only tell you what we have discovered. The only assets that were identified as belonging to the Edith S. Rife Trust were two stock certificates with Allied Irish Bank. One is for 14, 859 shares while the second is for 29,718 shares Income tax returns were regularly filed over the last four or five years on behalf of the Trust showing these two items as the sole income producing assets. The beneficiary was Dr. Rife so the dividends were transferred to him and he paid relevant income tax. ATI'GH Sherri Maxwell March 25, 2011 Page 2 A recent notification was received indicating that there is a mandatory reverse split for these shares. While I cannot tell you what this exactly means I will quote the language of the notice. `°The current ratio will change from one (1) ADS representing two (2) Ordinary shares (1:2) to one (1) ADS representing ten (10) Ordinazy shares (1:10). As a result a mandatory reverse split will be effected on a basis of one (1) ADS for every five (5) old ADSs" I wish to be clear that I do not represent the Edith S. Rife Trust. I suggest that if there are any questions about the petition that was filed by Attorney Cmneron that you contact him. If the residuary beneficiaries of the Edith S. Rife Trust are John- Maxwell, Steven Maxwell, Douglas Maxwell, Barry Maxwell and Sherri Maxwell and if, a successor Trustee is legally established then there is no problem with the Estate physically turnin~fover the stock to that Trustee. >~' f.-, Very iu -_.~._ Murrel R. Walters, III MRW/rs S~ ~ D cV t7 v ?-g j c+ JAMES DURYFA. CAMERON ATTORNEY-AT-LAW 1325 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102 LICENSED IN BOTH PENNSYLVANIA AND MARYLAND TELEPHONE: <7t7) 236-3755 FACSIMILE: (717) 236-3655 November 22, 2010 Mr. Douglas Maxwell 112 Park Road Cresswell, NC 27928 Ms. Sherri Maxwell 7838 CR452 Cross Plains, TX 76443 Re: Edith S. Rife Trust Dear Messrs. and Ms. Maxwell: Mr. Barry Maxwell 305 Singing Hills Drive Pittsboro, NC 27312 I represent your cousin, John W. Maxwell, with regard to the affairs of your late great-uncle, Charles J. Rife. We believe that Mr. Rife, at the time of his death, served as Trustee of a one- half share of the Trust created by your great-grandmother, Edith S. Rife. We believe further that you and your cousins would be the remainder beneficiaries of any such trust share. Given the death of Mr. Rife,, it appears necessary to petition the Court to appoint a successor trustee, who would finalize the administration of the Trust. You will find enclosed a draft Peririon which we have prepared, seeking the appointment of your cousin, John, as Successor Trustee. We are seeking your consent to his appointment. John is willing to advance the costs of the litigation we propose to initiate. If successful, this litigation would be to the ultimate benefit of all of the remainder beneficiaries, and, so, we would be likely to seek his reimbursement from this fund. We have enclosed an original Consent, for your signature. If you are agreeable to the appointment of your cousin as Successor Trustee, kindly sign and date the Consent and return it to us in the envelope provided. Please note that we must receive your Consent by Thursday, December 2, 2010,. in order to include it with our Petition. Although I cannot give you legal advice, you are welcome to contact me should you have any questions. (Please keep in mind that the only legal advice I can give you, Arr~.N JAMES DURYEA CAMERON ATTORNEY- AT-LAW 1325 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102 LICENSED IN BOTH PENNSYLVANIA TELEPHONE: (717) 236-3755 FACSIMILE: (T17) 236-3655 AND MARYLAND. March 18, 2011 Mr. Douglas Maxwell Mr. Barry Maxwell 112 Park Road 305 Singing Hills Drive Creswell, NC 27928 Pittsboro, NC 27312 Ms. Sherri Maxwell. Steven A. Maxwell 7838 CR452 3141 North 350 E Cross Plains, TX 76443 Huntington, IN 46750 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AND FIRST CLASS MAIL Re: Edith S. Rife Trust Dear Messrs. and Ms. Maxwell: As you know, I represent John W. Maxwell with regard to the affairs of your late great- uncle, Charles J. Rife. As you also know, by letter dated November 22, 2010, we sent you a draft petition related to the Edith S. Rife Trust, seeking your consent to the appointment of John Maxwell as Successor Trustee of the Trust. You did not give us your consent. We have now filed our Petition. You will each find enclosed a copy of the Rule to Show Cause issued by the Court on March 13, 2011, as well as a complete copy of the Petition for Rule to Show Cause. Because we did not receive your Consent, we are instead serving the Petition upon you as a party in interest. Should you wish to reply to the Petition, the Court has ordered that your response, if any, must be filed within twenty (20) days of service (our sending you the present correspondence). Kindly allow me to note that I do not represent you in this matter, and cannot give you legal advice. Should you have any non-legal questions, you are welcome to contact me. Also, please allow me to clarify that John is not presently acting on your behalf. Thank you. Sincerely, ; ~ r r James D. Cameron ~; JDC/sg Enclosures cc: John V4'. Maxwell .4-TIGH .. _ _ ., ~, ~ ~~~ ~~~ r ~I ~ ~ •r ~~ y~' ~ xr~ r~ •>~ ~ ..r r _~ ~ i' +l ~, '' i ~ ; ~+... ~. +~ .~ ~ ~w~ iS .~ fiyk'' ° i ~ t#~ S ' ;;.~ :~'} tti ~ ._. z #s a i ~:. `3 """. 4 t~f ifa v ~~ M ~~~? :y ~ 1 M ~ :,,* 2 rl ~ ~ '~ i O ~ ~ h_ ~ -..a ~ v ~ .~ #~ ~ ~ ~ { ' +~, a ~, _. ~~ r~~ ~V ~~m~