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In re the Edith S. Rife Trust : IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 11-0325 ORPHANS' COURT
NO. 10-1006 ORPHANS' COURT
NO. 83-0773 ORPHANS' COURT
ANSWER OF THE EXECUTOR OF THE ESTATE OF CHARLES J. RIFE
TO THE MOTION OF MAXWELL HEIRS
FOR LEAVE OF COURT TO AMEND ANSWER
AND NOW comes FRED H. JUNKINS, executor of the Estate of Charles J. Rife,
by and through his attorneys, Wayne F. Shade, Esquire, and Murrel R~Walters, ~I,
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Esquire, and respectfully represents, as follows:
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Admitted
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5. The averments' of paragraph 5 of the motion, being within 'extclus~e ,; `~
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knowledge of movants, are denied; and proof thereof is demanded. '~'' ~? ~
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6. Admitted. By way of further response, the executor avers that paragraph 11 of
the petition of movants of April 18, 2012, expressly states that their claims are against the
Estate of Charles J. Rife and not against Charles J. Rife as Trustee of the Edith S. Rife
Trust.
7. - 8. The averments' of paragraphs 7 and 8 of the motion, being conclusions of
law, no response is required.
9. The averments of paragraph 9 of the motion are admitted in part and denied in
part. It is admitted that the amendment sought to be filed is narrow, that it is not against a
positive rule of law, and that it does not result in undue prejudice or surprise; but it is
denied that the requested amendment is consistent with the requested relief sought if the
requested relief sought is against Charles J. Rife as Trustee of the Edith S. Rife Trust. On
the contrary, the executor avers that paragraph 11 of the petition of movants of April 18,
2012, expressly states that their claims are against the Estate of Charles J. Rife and not
against Charles J. Rife as Trustee of the Edith S. Rife Trust.
10. Admitted.
11. The averments of paragraph 11 of the motion are admitted in part and denied
in part. It is admitted that the undersigned counsel for the executor was out of the office
as averred. The averments, that counsel for John W. Maxwell was unable to reach his
client, being within the exclusive knowledge of counsel and his client, is denied; and
proof thereof is demanded.
WHEREFORE, the executor of the Estate of Charles J. Rife respectfully requests
that any relief granted to movants clarify that the relief does not constitute a holding that
the claims of movants are against Charles J. Rife as Trustee of the Edith S. Rife Trust as
opposed to against the Estate of Charles J. Rife as averred by movants in their petition of
April 18, 2012.
Respectfully submitted,
GCS
Wayne F! Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Co-Counsel for Respondent Fred H. Junkins
Wayne F. Shade, Esquire, states that he is the attorney for the party or parties
filing the foregoing document; that he makes this verification with the authorization to do
so and based upon facts which are within his knowledge, information, or belief and that
any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating
to unsworn falsification to authorities.
Date: February 14, 2013
Wayne .Shade
In re the Edith S. Rife Trust : IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 11-0325 ORPHANS' COURT
NO. 10-1006 ORPHANS' COURT
NO. 83-0773 ORPHANS' COURT
CERTIFICATE OF SERVICE
I, Wayne F. Shade, Esquire, do hereby certify that I have this date served a copy of
the foregoing Answer of the Executor of the Estate of Charles J. Rife to the Motion of
Maxwell Heirs for Leave of Court to Amend Answer in the above-captioned matter, upon
John W. Maxwell herein by first class United States Mail, postage prepaid, to his counsel
of record, James D. Cameron, Esquire, 1325 North Front Street, Harrisburg,
Pennsylvania 17102, and David A. Fitzsimons, Esquire, Martson Law Office, 10 East
High Street, Carlisle, Pennsylvania 17013; and upon Steven A. Maxwell, Sherri Maxwell,
Douglas 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: February 14, 2013
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Wayne F. Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Co-Counsel for Respondent Fred H. Junkins