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 ~~ ^' ~ ,'~'
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NO. 21-83-0773 ~'c7 ~ c :> .--~
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ANSWER ~~~' _ , ~ -T
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AND NOW COME, Steven A. Maxwell, Sherri Maxwell, Douglas Max~ell, and >~.,arry ~~
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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
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D bra A. Fike, Legal Secretary