HomeMy WebLinkAbout11-22-11In re the Edith S. Rife Trust IN THE COURT OF COMMON PLEAS OF
CUMBERLAND. COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 11-0325 ORPHANS' COURTS
NO. 10-1006 ORPHANS' COURT ~ ~ .,,;,, ~z ry°
NO. 83-0773 ORPHANS' COURT=c~
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PRELIMINARY OBJECTIONS OF °
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EXECUTOR OF THE ESTATE OF CHARLES J
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AND NOW, comes Respondent, FRED H. JUNI~INS, Executor of the Estate"of ~o
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Chazles J. Rife, by and through his attorney, Murrell R. Walters, III, Esquire, and files the
following Preliminary Objections to the Motion of John W. Maxwell for a Rule to Show
Cause.
PRELIMINARY OBJECTION IN THE NATURE OF NON-JOINDER
OF NECESSARY PARTIES
1.
The Last Will and Testament of Chazles J. Rife was attached to the Petition of
John W. Maxwell that was filed herein on Mazch 8, 2011.
2.
There are twenty-six residuary heirs listed in the Last Will and Testament of
Chazles J. Rife, eleven of which are charitable heirs.
3.
Petitioner John W. Maxwell has asserted a claim against the Estate of Chazles J.
Rife in the amount of $600,000.
4.
To the extent that Petitioner John W. Maxwell is successful with his claim against
the Estate of Charles J. Rife, the residuary heirs of the Estate of Charles J. Rife are the
real and indispensable parties in interest because they are the parties who will be
adversely affected.
WHEREFORE, Respondent Fred H. Junkins demands that the otion of John W.
Maxwell be dismissed for failure to join indispen~b~~ti~
Murrell R. Walters, III, Esquire
54 East Main Street
Mechanicsburg, PA 17055
Telephone: 717-697-4650
Attorney for Respondent Fred H. Junkins
In re the Edith S. Rife Trust
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 11-0325 ORPHANS' COURT
NO. 10-1006 ORPHANS' COURT
NO. 83-0773 ORPHANS' COURT
CERTIFICATE OF SERVICE
I, Murrell R. Walters, III, Esquire, do hereby certify that I have this date served
copies of Respondent's Preliminary Objections in the above-captioned matter upon John
W. Maxwell by first class United States mail, postage prepaid, to his counsel of record,
James D. Cameron, Esquire, 1325 North Front Street,
Date: November 21, 2011
lvania 17102.
Murrell R. Walters, III, Esquire
54 East Main Street
Mechanicsburg, PA 17055
Telephone: 717-697-4650
Attorney for Respondent Fred H. Jenkins