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Home My WebLink About03-07-12 IN RE: THE EDITH S. RIFE TRUST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 21-11-0325 ORPHANS' COURT 21-10-1006 ORPHANS' COURT 21-83-0773 ORPHANS' COURT ORDER OF COURT AND NOW, this day of March, 2012, upon consideration of the Preliminary Objections filed by the John W. Maxwell to the Preliminary Objections filed by the Executor of the Estate of Charles J. Rife, and briefing and argument by the parties, Maxwell's Preliminary Objection is SUSTAINED and Executor's Preliminary Objections are DISMISSED. The Executor is directed to file a response to the Rule to Show Cause within twenty (20) days of the date of this order. By the Court, ..,...., ,f t`% ~ Albert H. Masland, J. Murrell R. Walters, III, Esquire 54 East Main Street Mechanicsburg, PA 17055 For Fred H. Junkins Wayne F. Shade, Esquire n <= _> 53 West Pomfret Street `~~ _ '~-' -_ , ,--~~, Carlisle, PA 17013 ` _ °~ ~.~ ` ~T Co-Counsel for Fred H. Junkins _~~~~ ~ _ __ James D. Cameron, Esquire :-_~~-~ ~ ~' ~~ .~ 1325 North Front Street ~ =~ ~ ~ ' :-~: Harrisburg, PA 17102 ?°- ~,, ~.: ~ ; For John W. Maxwell _ C, 1 f 21-11-0325 ORPHANS' COURT 21-10-1006 ORPHANS' COURT 21-83-0773 ORPHANS' COURT Steven A. Maxwell 3141 North 350 E Huntington, IN 46750 Sherri Maxwell 7838 CR452 Cross Plains, TX 76443 Douglas Maxwell 112 Park Road Cresswell, NC 27928 Barry Maxwell 305 Singing Hills Drive Pittsboro, NC 27312 saa -2- IN RE: THE EDITH S. RIFE TRUST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 21-11-0325 ORPHANS' COURT 21-10-1006 ORPHANS' COURT 21-83-0773 ORPHANS' COURT MEMORANDUM OPINION AND ORDER OF COURT Masland, J., March 7, 2012:-- Before the court are the Preliminary Objections filed by the John W. Maxwell (Maxwell) to the Preliminary Objections filed by the Executor of the Estate of Charles J. Rife. After briefing and argument by the parties, we issue this memorandum opinion. The proper response to a rule to show cause consists of an answer rather than preliminary objections. However, if there is no objection to the form of the preliminary objections the court may treat them as an answer and consider their merit. See Tonuci v. Lennon, 13 Pa. D. & C. 2d 791 (Phila. Co. 1958), rev'd on other grounds, 142 A.2d 745 (Pa. Super. June 11, 1958). Here, Maxwell has clearly provided a record objection to Executor's preliminary objections and therefore the court will not consider those objections. Further, the court does not consider Maxwell's petition for a Rule to Show Cause as a request for a Declaratory Judgment. Distinguishing the matter from In re Estate of Jones, 796 A.2d 1003 (Pa. Super. 2002), Maxwell is not a beneficiary to the Rife Estate nor is he seeking to determine his share relative to other beneficiaries. See 42 Pa. C.S. §7533. Instead, this is a third party surcharge action and as such, the Petition for Rule to Show Cause is appropriate. 21-11-0325 ORPHANS' COURT 21-10-1006 ORPHANS' COURT 21-83-0773 ORPHANS' COURT Therefore, having considered both the form and the substance of the Rule to Show Cause, we concur with Maxwell's assessment and enter the following order: ORDER OF COURT AND NOW, this day of March, 2012, upon consideration of the Preliminary Objections filed by the John W. Maxwell to the Preliminary Objections filed by the Executor of the Estate of Charles J. Rife, and briefing and argument by the parties, Maxwell's Preliminary Objection is SUSTAINED and Executor's Preliminary Objections are DISMISSED. The Executor is directed to file a response to the Rule to Show Cause within twenty (20) days of the date of this order. By the Court, ~ ~~ ~~ /~,,~ ~ C Albert H. Masland Murrell R. Walters, III, Esquire 54 East Main Street Mechanicsburg, PA 17055 For Fred H. Junkins Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Co-Counsel for Fred H. Junkins James D. Cameron, Esquire 1325 North Front Street Harrisburg, PA 17102 For John W. Maxwell -2- 21-11-0325 ORPHANS' COURT 21-10-1006 ORPHANS' COURT 21-83-0773 ORPHANS' COURT Steven A. Maxwell 3141 North 350 E Huntington, IN 46750 Sherri Maxwell 7838 CR452 Cross Plains, TX 76443 Douglas Maxwell 112 Park Road Cresswell, NC 27928 Barry Maxwell 305 Singing Hills Drive Pittsboro, NC 27312 saa -3- ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: EDITH S RIFE TRUST CUMBERLAND COUNTY PENNSYLVANIA NO. 21-11-0325 21-10-1006 21-83-0773 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 3/7/2012 JUDGE'S INITIALS: AHM TIME STAMP DATE: 3/7/2012 IN RE: ORDER OF COURT SERVICE TO: MURRWLL R WALTERS STEVEN A MAXWELL SHERRI MAXWELL WAYNE F SHADE DOUGLAS MAXWELL BARRY MAXWELI. JAMES D CAMERON METHOD OF MAILING: ENVELOPES PROVIDED BY~ ® USPS ^ PETITIONER ^ RRR ®JUDGE ^ HAND DELIVERED ^ CLERK OF ORPHANS COURT ^ OTHER MAILED: -';1 I I ~ ~;~ SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT Deputy Clerk of Orphans' Court