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HomeMy WebLinkAbout06-04-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: EDITH S. RIFE TRUST ORPHANS' COURT DIVISION N0.21-11-0325 ""°'' NO. 21-10-1006 ~~ ^' ~ ,'~' c._. r.~ ~ ~--~ NO. 21-83-0773 ~'c7 ~ c :> .--~ ~~.~ ~ <;- ANSWER ~~~' _ , ~ -T D , _ ,_~> ~: -~ ~ ,~ ~$ AND NOW COME, Steven A. Maxwell, Sherri Maxwell, Douglas Max~ell, and >~.,arry ~~ a. Maxwell, by and through their counsel, Law Offices of Craig A. Diehl, answering the Motion for Rule to Show Cause and New Matter as follows: 1. - 7. Admitted. 8. Denied. Alter reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averment. 9. Admitted. 10. Admitted in part, denied in remainder. It is admitted that the Executor has not filed an accounting. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the remaining portion of the averment. 11. Admitted. 12. a-d Denied. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averment. WHEREFORE, Respondents request that this Court issue a Declaration that Charles J. Rife breached his fiduciary duty as Trustee of the Edith S. Rife Trust and reserve the question of damages for further consideration by the Court. - - - NEW MATTER STATUTE OF LIMITATIONS AND CACHES 13. Denied. After reasonable investigation, Respondents are without knowledge or information suffident to form a belief as to the truth of the averment. 14. Denied. A1aer reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averment. 15. Denied. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averment. 16. Denied. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averment. 17. Denied. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averment. 18. Denied. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averment. 19. Denied. Alter reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averment. 20. Denied. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averment. 21. Denied. After reasonable investigation, Respondents are without knowledge or information suflieicnt to form a belief as to the truth of the averment. 22. Denied. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averment. 23. Denied. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averment. 24. Denied. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averment. 25. Denied. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averment. INDISPENSABLE PARTIES 26. Admitted. 27. Admitted. 28. Admitted. 29. Admitted. 30. Admitted. 31. Admitted. 32. Admitted. WHEREFORE, Respondents herein desire to be recognized as an indispensable party and request a Declaration consistent therewith. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: .3C I'~ 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, Sherri Maxwell, Douglas Maxwell and Barry Maxwell VERIFICATION I, CRAI(J A. DIEHL, ESQUIRE, Attorney for Petitioners, Steven A. Maxwell, Sherri Maxwell, Douglas Maxwell, and Barry Maxwell, who is authorized to make this Verification on Petitioners' behal E, 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: _ ,~~- ~,~ r CRAIG .DIEHL, ESQUIRE CERTIFICATE OF SERVICE AND NO W, theme''. ' r` day of May, 2012, the undersigned hereby certifies that a true and correct copy of the foregoing Answer 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 `-t~ , ,~ v D bra A. Fike, Legal Secretary