HomeMy WebLinkAbout03-19-12In re the Edith S. Rife Trust
TO: John W. Maxwell and
IN COURT OF COMMON PLEAS OF
C ERLAND COUNTY, PENNSYLVANIA
O HANS' COURT DIVISION
NO. 11-0325 ORPHANS' COURT
NO. 10-1006 ORPHANS' COURT
NO.'83-0773 ORPHANS' COURT
NOTICE '$'O PLEAD
James D. Cameron, Esquire, and
David A. Fitzsimons, Esquire, of
Martson Law Office
Attorneys for John W. Maxwell
You are hereby notified that you have twenty (20) days in which to plead to the
within New Matter or a Default Judgment may be entered against you.
Date: March 19, 2012
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W~yn~e, Esquire
Supreme Court LD. # 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Ca-Counsel for Respondent Fred H. Junkin
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In re the Edith S. Rife Trust
IN '11HE COURT OF COMMON PLEAS OF
CU111'IBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 11-0325 ORPHANS' COURT
NO. 10-1006 ORPHANS' COURT
NO.'83-0773 ORPHANS' COURT
ANSWER WITH NEW TTER TO MOTION OF
JOHN W. MAXWELL FORULE TO SHOW CAUSE
AND NOW, comes Fred H. Junkins, executor of the Estate of Charles J. Rife, and
files the following Answer with New Matter to the Motion of October 27, 201 1, as
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8. Admitted. By way of further response, the Executor avers that he is unabl~'to
negotiate a settlement of this case with John W. Maxwell because any settlement with
John W. Maxwell would diminish the legacies of the other residuary heirs of the Estate of
Charles J. Rife. Accordingly, the other residuary heirs of the Estate of Charles J. Rife are
indispensable parties to the claims of John W. Maxwell. Settlement of the case without
the participation of the other residuary heirs would expose the Executor to claims for
surcharge.
9. Admitted. By way of further
the amount of Six Hundred Thousand
the Executor avers that the claim was in
Dollars against a net estate of
approximately Two Million Two Hundred Thousand ($2,200,000) Dollars.
10. The averments of ¶ 10 of the Mo~ion are admitted in part and denied in part.
It is admitted that the Executor has not filed Ilan accounting as directed by the court in the
Decree of June 17, 2011. By way of furtheriresponse, John W. Maxwell's own
averments in ¶ 12. d. of his motion allege th~t it is not possible for the Executor to
construct a proper accounting, as ordered by the court, because Chazles J. Rife failed to
keep sufficient records of administration of ~he Trust to enable the Executor to prepaze
the ordered accounting in a form consistent with Pennsylvania Orphans' Court Rule 6.1.
The Executor further avers that, after diligent search, the Executor has been unable to
locate any records, beyond the information that the Executor has disclosed to counsel for
John W. Maxwell as averred in ¶ 7 of the m tion, that would be sufficient to enable the
Executor to prspaze such an accounting and hat the Executor has disclosed everything
that he has that could possibly be pertinent tp the Edith S. Rife Trust. After reasonable
investigation, the Executor has been unable to determine whether or not the decedent,
Charles J. Rife, failed to maintain books an~ records of his administration of the Trust
that would be sufficient to enable the Executor to file an account as ordered by the Court.
Therefore, the dame is denied, and proof thereof is demanded.
11. Admitted. By way of further res~onse, the averments of ¶ 10 above aze
incorporated herein by reference as though
12. The' Executor responds to the
a. Admitted. Byway of further
failure of Chazles J. Rife to transfer the
Trust Company that caused any losses to
set forth.
of ¶ 12 of the Motion, as follows:
the Executor avers that it was not the
of the Trust to Dauphin Deposit Bank and
Trust. On the contrary, the Executor avers
that it was the unforeseeable, intervening, ar~d superseding criminal conduct of a rogue
currency trader at M&T Bank, the successor) to Dauphin Deposit Bank that caused the
losses to the Trust which consisted predomirpantly of stock in Allied Irish Bank. By way
of further response, the Executor avers that i~ was not the intention of Edith S. Rife that
Charles J. Rife or a successor trustee be req fired to diversify the assets of the Edith S.
Rife Trust. Schedule A to the Edith S. Rife .rust reveals that, at the time of creation of
the Trust, the corpus of the Trust consisted plredominantly of stock of Dauphin Deposit
Trust Company. There is no evidence that, Iduring the more than thirteen years from the
date of her execution of the Edith S. Rife Tr~st on July 31, 1970, until her death on
December 3, 1983, she took any action to rewire Charles J. Rife, as Trustee, to diversify
the assets of the Trust. Her satisfaction with having most of her assets in the stock of
Dauphin Deposit Trust Company was further confirmed by the facts that, at the date of
death of Edith S. Rife, her inheritance tax return revealed that two-thirds of her estate
also consisted of stock of Dauphin Deposit 'gust Company. The total value of her gross
estate was $292,419.97. She had 7,076 shaves of Dauphin Deposit Trust Company
common stock at $27.63 per share for a tota~ value of $195,509.88. Her real estate was
valued at $75,000. She had other stocks with a total value of $19,599.01 and a checking
account balance of only $2,311.08.
b. After reasonable investigation,
Rife failed to distribute the residue of his
under the Last ~VVill and Testament of his
Executor is unable to confirm that Charles J.
s probate estate to the Trust as required
and proof thereof is demanded. By way
of further response, the Executor avers that here were no accounting, statement of
proposed distribution, or releases filed in th~ Estate of Edith S. Rife that would confirm
that the statement in Schedule J of the Pennsylvania Inheritance Tax Return for the Estate
of Edith S. Rife was indicating anything oth r than that Charles J. Rife and his sister were
the life beneficiaries of the Edith S. Rife T st. From the fact that there are 44,577 shares
of Allied Irish Bank in the name of the Edit S. Rife Trust, the Executor believes and
therefore avers that the assets of the residue bf the Estate of Edith S. Rife were
transferred to the Edith S. Rife Trust and no1~ to Charles J. Rife and his sister.
c. After reasonable investigation, the Executor has been unable to determine
whether or not the shares of stock in Allied rish Bank were the sole assets of the Edith S.
Rife Trust. Therefore, the same is denied, d proof thereof is demanded. Byway of
further response, the averments of ¶ 12. a. a ove are incorporated herein by reference as
though fully set forth.
d. After reasonable investigation, the Executor has been unable to determine
whether or not the decedent, Charles J. Rife failed to maintain books and records of his
administration of the Trust that would be su ficient to enable the Executor to file an
account as ordered by the Court. Therefore,) the same is denied, and proof thereof is
demanded. By way of further response, the Executor avers that he has disclosed
everything that he has that could possibly b~ pertinent to the Edith S. Rife Trust.
WHEREFORE, the Executor of the
of Charles J. Rife respectfully requests
that the Motion of John W. Maxwell be
NEW TTER
STATUTE OF LIMIT TIONS AND CACHES
13. The Executor believes and
of the existence of the written Edith S. Rife
of death of Edith S. Rife on December 3, 1
Irish Bank stock in 2002, due to the
rogue currency trader at M&T Bank, the
the losses to the Trust which consisted
14. The Executor believes and
of the provisions of the written Edith S.
Rife on December 3, 1983, and the collapse
avers that John W. Maxwell was aware
in the nineteen years between the date
and the collapse of the value of the Allied
and superseding criminal conduct of a
to Dauphin Deposit Bank, that caused
of stock in Allied Irish Bank.
avers that John W. Maxwell was aware
Trust between the date of death of Edith S.
the value of the Allied Irish Bank stock in
2002.
15. The Executor believes and
diligence, John W. Maxwell could have
written Edith S. Rife Trust between the date
1983, and the collapse of the value of the
16. Charles J. Rife, was a lay person
avers that, with the exercise of reasonable
himself aware of the provisions of the
death of Edith S. Rife on December 3,
Irish Bank stock in 2002.
respect to financial matters and did not
possess sophisticated financial acumen.
17. John W. Maxwell has not
the provisions of the Edith S. Rife Trust
designated, successor, corporate fiduciary
that Charles J. Rife was actually aware that
him to tender the Trust assets to the
the death of Edith S. Rife.
_„_
18. For at least four years prior to the death of Chazles J. Rife, John W. Maxwell
was an agent far Charles J. Rife under a
19. During his years as agent for
general power of attorney.
J. Rife, John W. Maxwell either knew or
through the exercise of reasonable diligence (would have known of the dealings of
Charles J. Rife with respect to the assets of
20. If Jdhn W. Maxwell would have
Charles J. Rife tender the Trust assets to the
the nineteen yeass between the date of
S. Rife of which he now complains.
Chazles J. Rife to the requirement that
successor, corporate fiduciary in
of Edith S. Rife on December 3, 1983, and
the collapse of the value of the Allied Irish )dank stock in 2002, Charles J. Rife would
have had an opportunity to have transferred the assets of the Trust to the designated
successor trustee prior to the collapse of the
21. John W. Maxwell avers that he
return in the Estate of Edith S. Rife, that
Estate of Edith S. Rife to himself and his
22. The inheritance tax return in the
in the Office of the Register of Wills of
twenty-five years before John W. Maxwell
Rife. Therefore, the Executor avers that
in that respect are barred by laches or the
23. The Executor believes and
registered any complaints to Charles J. Rife
of the Allied Irish Bank stock.
on the basis of the inheritance tax
les J. Rife distributed the residue of the
rather than to the Edith S. Rife Trust.
of Edith S. Rife was a matter of record
County, Pennsylvania, for more than
his claim against the Estate of Charles J.
claims against the Estate of Chazles J. Rife
of limitations or both.
avers that John W. Maxwell never
any aspect of administration of the
Estate of Edith'S. Rife or the Edith S. Rife
24. The Executor believes and
avers that there is no reasonable
explanation as to why John W. Maxwell didnot file his claim against Charles J. Rife
during the twenty-eight years between the
Rife and the filfng of his claim herein on
25. With the death of Charles J. F
3, 1983, date of death of Edith S.
17, 2011.
prior to the advancement of any claims by
John W. Maxwell, the Estate of Charles J
by the inability of the Executor of the
John W. Maxwell.
fe is materially and irrevocably prejudiced
of Charles J. Rife to respond to the claims of
PARTIES
26. On September 17, 2011, John W Maxwell filed a claim against the Estate of
Charles J. Rife in the amount of Six Hundre Thousand and No/100 ($600,000.00)
Dollars for the alleged breaches of
duty by Charles J. Rife as Trustee of the
Edith S. Rife Trust.
27. The request for a declaration of
was directed only to the Executor of the
28. The request for a declaration of
did not join the other residuary
residuary heirs of the Estate of Charles J.
in the Motion of October 27, 2011,
of Charles J. Rife.
in the Motion of October 27, 2011,
of the Edith S. Rife Trust or the 21 other
all of whom would be materially and
adversely affected by the claim of John W. axwell.
29. The Executor avers that Pa.R.C. .1032 deprives a court of jurisdiction where
there has been a failure to join an indispensable party.
30. The jurisdictional issue of the
raised at any point in the litigation, and the
basis of lack of jurisdiction if the indispens
31. Eleven of the residuary heirs of
would be materially and adversely affected
charitable heirs.
to join an indispensable party may be
t is required to dismiss the action on the
parties are not joined.
Estate of Charles J. Rife, all of whom
the claim of John W. Maxwell, are
32. John W. Maxwell has not joined the Attorney General of Pennsylvania, as the
indispensable, official representative of the
403 Pa. 534, 170 A2d 106 (1961).
WHEREFORE, the Executor of the
that the Motion of John W. Maxwell be
haritable, residuary legatees. Little Estate,
of Charles J. Rife respectfully requests
y submitted,
W yne ~'. Shade, Esquire
S reme Court LD. # 15712
53 West Pomfret Street
C lisle, Pennsylvania 17013
Te ephone: 717-243-0220
Cc}-Counsel for Respondent Fred H. Junkins
18-
The statements in the foregoing Answe
information which has been assembled by my
the statements is not my own. I have read the
based upon information which I have given to
best of my knowledge, information, and belies
are made subject to the penalties of 18 Pa.C.S,
authorities.
Date: March 19, 2012
with New Matter are based upon
attorney in this litigation. The language of
statements; and, to the extent that they are
my counsel, they are true and correct to the
I understand that false statements herein
§ 4904 relating to unsworn falsification to
Fred H. Jun '
In re the Edith S. Rife Trust
1N HE COURT OF COMMON PLEAS OF
C ERLAND COUNTY, PENNSYLVANIA
O HANS' COURT DIVISION
NO. 11-0325 ORPHANS' COURT
NO. 10-1006 ORPHANS' COURT
NO. 83-0773 ORPHANS' COURT
CERTIFICA
I, Wayne F. Shade, Esquire, do
the foregoing Answer with New Matter, to
Show Cause in the above-captioned matter,
United States mail, postage prepaid, to his
1325 North Front Street, Harrisburg,
Esquire, Manson Law Office, 10 East High
upon Steven A. Maxwell, Sherri Maxwell,
OF SERVICE
certify that I have this date served a copy of
Motion of John W. Maxwell for Rule to
John W. Maxwell herein by first class
of record, James D. Cameron, Esquire,
vania 17102, and David A. Fitzsimons,
Carlisle, Pennsylvania 17013; and
Maxwell, and Barry Maxwell by first
class United States mail, postage prepaid, to their counsel of record, Craig A. Diehl,
Esquire, 3464 Trindle Road, Camp Hill, Pennsylvania 17011.
Date: March 19, 2012
W yne F~Shade, Esquire
S reme Court LD. # 15712
53 West Pomfret Street
C lisle, Pennsylvania 17013
T enhone: 717-243-0220
for Respondent Fred H. Junkins