HomeMy WebLinkAbout06-07-11In re the Edith S. Rife Trust : IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NOS. 21-11-0325; 21-10-1006; AND 21-83-0773
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STIPULATION AND AGREEMENT m
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AND NOW COME Petitioner, John W. Maxwell, party of the first par"x '~ =zJ
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Respondent, Barry Maxwell, party of the second part; and Respondent Sheri ~~well, .~- "--'_
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party of the third part; and hereby stipulate and agree as follows. `- f
WHEREAS, Petitioner filed a Petition for Rule to Show Cause ("the Petition") in
the above-captioned matter on March 8, 2011;
WHEREAS, the Court issued the Rule to Show Cause, directed to Fred H. Junkins,
Executor of the Estate of Charles J. Rife; Steven Maxwell; Douglas Maxwell; Barry
Maxwell; and Sherri Maxwell, on March 13, 2011;
WHEREAS, Petitioner filed a Proof of Service on March 30, 2011;
WHEREAS, Sheri Maxwell filed a response to the Rule to Show Cause by means
of letter addressed to the Court, dated March 31, 2011;
WHEREAS, Barry Maxwell filed a response to the Rule to Show Cause by means
of letter addressed to the Court, dated Apri17, 2011;
WHEREAS, no responses to the Rule to Show Cause were filed by Fred H.
Jenkins, Executor, Steven Maxwell, or Douglas Maxwell;
WHEREAS, the Court has set a hearing on the Petition for June 17, 2011, at 1:30
p.m.;
WHEREAS, the principal issue raised in the responses filed by Barry Maxwell and
Sheri Maxwell is the identity of the Successor Trustee of the Edith S. Rife Trust;
WHEREAS, the parties desire to resolve the matter of the identity of the Successor
Trustee and all other matters raised in the Petition for Rule to Show Cause by means of the
following agreement;
NOW THEREFORE, intending to be legally bound, the parties hereby agree and
stipulate that:
1. John W. Maxwell and Barry Maxwell shall serve as Successor Co-Trustees of
the Edith S. Rife Trust, without liability for any action or inaction taken or not taken by
any predecessor trustee.
2. Any and all assets remaining in the Edith S. Rife Trust shall be tendered to John
W. Maxwell and Barry Maxwell, as Succesor Co-Trustees, for further administration.
3. Any and all records or other documents related to the Edith S. Rife Trust that
were within the possession and control of Charles J. Rife at the time of his death, shall be
tendered to James D. Cameron, Esq., on behalf of the Successor Co-Trustees, copies of the
said documents to be made available to each Successor Co-Trustee, and, upon request, to
any beneficiary of the Edith S. Rife Trust.
4. The parties request the Court to grant in all other respects the relief requested in
the Petition for Rule to Show Cause.
5. This Stipulation and Agreement may be signed in counter-parts, which shall
have the same effect as the original document.
IN WITNESS WHEREOF, intending to be legally bound, the parties have set their
hands and seals.
Date: 5-a7-2o11 ~
J W. MAXWELL
Date:
Date:
BARRY MAXWELL
SHERI MAXWELL
5. This Stipulation and Agreement may be signed in counter-parts, which shall
have the same effect as the original document.
IN WITNESS WHEREOF, intending to be legally bound, the parties have set their
hands and seals.
Date:
Date: ~3 ~(,(
Date:
JOHN W. MAXWELL
BARB WEL
SHERI MAXWELL