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HomeMy WebLinkAbout04-25-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: EDITH S. RIFE TRUST ORPHANS' COURT DIVISION "'- 3 • ~ _' n_ NO. 21-11-0325 `:~o NO. 21-10-1006 _~.~ ~ =-~ NO. 21-83-0773 ` ~ z -~ ~' -~~,~ to -, ; . PETITION FOR RULE TO SHOW CAUSE ~ =~ ` ' ~~ M..~ AND NOW COME Petitioners, Steven A. Maxwell, Barry Maxwell, Douglas :Maxwell, and Sherri Maxwell, remainder beneficiaries of the Edith S. Rife Revocable Trust, by and through their attorney, Law Offices of Craig A. Diehl, and respectfully represent as follows: 1. On or about March 15, 2011, a Rule to Show Cause was directed to Fred H. Junkins, Executor of the Estate of Charles J. Rife, deceased, to show what cause, if any, he may have as to why he should not be required to file an accounting of the administration of the Edith S. Rife Trust from the date of death of Edith S. Rife. Ivry ~ ,. ~..' ~~~ ;~ --G, 2. On or about June 17, 2011, a Decree was entered ordering Fred H. Junkins, Executor of the Estate of Charles J. Rife, deceased, to file an accounting of the administration of the Edith S. Rife Trust by Charles J. Rife from the date of death of Edith S. Rife within thirty (30) days of June 17, 2011. 3. The Decree dated June 17, 2011, further directed that the beneficiaries of the Edith S. Rife Trust shall file objections, if any, to the accounting filed by the Executor within forty-five (45) days of service of the same. 4. To the best knowledge of Petitioners, no accounting of the administration of the Edith S. Rife Trust was ever prepared and served on any of Petitioners. ~~ 5. On or about October 31, 2011, a Rule to Show Cause was directed to Fred H. Junkins, Executor of the Estate of Charles J. Rife, deceased, to show what cause, if any, he may have that the Court should not issue a Declaration that Charles J. Rife breached his fiduciary duty as Trustee of the Edith S. Rife Trust, and reserving the question of damages for further consideration by the Court. 6. On or about November 21, 2011, Fred H. Junkins, Executor of the Estate of Charles J. Rife, filed preliminary objections to the Rule to Show Cause dated October 31, 2011. 7. On or about December 9, 2011, John Maxwell, a remainder beneficiary of the Edith S. Rife Revocable Trust, filed a preliminary objection to the preliminary objection of Fred H. Jenkins, Executor. 8. Upon consideration of the preliminary objections filed by both parties, briefing and argument by the parties, this Honorable Court sustained John Maxwell's preliminary objection and dismissed the Executor's preliminary objections. 9. Based upon the aforesaid chronology, Petitioners have been unable to ascertain whether their legal interests as a remainder beneficiary of the Edith S. Rife Trust have been unjustly or adversely affected or whether they have incurred damages due to various breaches of fiduciary duty committed by decedent, Charles J. Rife, as Trustee of the Edith S. Rife Trust, since no accounting has ever been provided in direct violation of prior Court Orders. 10. Petitioners' due process rights have been adversely affected since there has been no accounting filed to review and the time period of forty-five (45) days as directed in a prior Court Order has never commenced. 11. Petitioners desire to file a late claim in the Estate of Charles J. Rife since prior Court Orders were not complied with. 12. It is the belief of Petitioners that no prejudice shall result from the allowance of a late claim since Fred H. Junkins, Executor of the Estate of Charles J. Rife has filed pleadings, a brief, and engaged in oral argument before this Court advocating that Petitioners are indispensable parties. 13. Additionally, as recently as March 19, 2012, an Answer with New Matter was filed to the Motion of John W. Maxwell for a Rule to Show Cause. Accordingly, this Petition for Rule to Show Cause is timely and shall not significantly delay the current proceedings. WHEREFORE, Petitioners respectfully request this Honorable court to issue a Rule, directed to Fred H. Junkins, Executor of the Estate of Charles J. Rife, to show what cause, if any, that he may have that: 1. A late filed claim by Petitioners should not be allowed in the Estate of Charles J. Rife, and 2. the Court should not grant such other relief as it may direct. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: / ~^ By: Craig A iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717)763-7613 Fax: (717)763-8293 Attorney for Steven A. Maxwell, Barry Maxwell, Douglas Maxwell and Sherri Maxwell VERIFICATION I, CRAIG A. DIEHL, ESQUIRE, Attorney for Petitioners, Steven A. Maxwell, Barry Maxwell, Douglas Maxwell, and Sherri Maxwell, who is authorized to make this Verification on Petitioners' behalf, verify that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: L 1 ~~,II,G CRAIG .DIEHL, ESQUIRE CERTIFICATE OF SERVICE AND NOW, the / ~' ~ day of April, 2012, the undersigned hereby certifies that a true and correct copy of the foregoing Petition for Rule to Show Cause was served upon the opposing parties by way of United States first class mail, postage prepaid, addressed as follows: Murrell R. Walters, III, Esquire 54 East Main Street Mechanicsburg, PA 17055 Attorney for Fred H. Junkins Wayne F. Shade, Esquire 53 W. Pomfret Street Carlisle, PA 17013 Co-counsel for Fred H. Junkins James D. Cameron, Esquire 1325 North Front Street Harrisburg, PA 17102 Attorney for John W. Maxwell David A. Fitzsimmons, Esquire Martson Law Office 10 East High Street Carlisle, PA 17013 Co-counsel for John W. Maxwell D bra A. Fike, Legal Secretary