HomeMy WebLinkAbout02-21-13t
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David A. Fitzsimons, Esquire ~ ~ ~'
MARTSON LAW OFFICES ° ~ r., -e ~ `
I.D. 41722 ~' ~'' ~~~
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10 East High Street = ~
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Carlisle, PA 17013 ~`°„ c~ ~, ~,
(717) 243-3341 --a `~
Co-counsel for John W. Maxwell
IN RE: EDITH S. RIFE TRUST IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.21-10-1006
: N0.21-11-0325
N0.21-83-0773
REPLY OF JOHN W. MAXWELL TO MOTION
FOR LEAVE OF COURT TO AMEND ANSWER
OF OTHER MAXWELL TRUST BENEFICIARIES
AND NOW, comes the Petitioner, John W. Maxwell, by and through his attorneys, and
avers the following in response to the Motion for Leave of Court to Amend Answer filed by the
other Maxwell Trust Beneficiaries:
1. Admitted. By way of further answer, Petitioner commenced this litigation by filing
his Petition for a Rule to Show Cause why the Executor of the deceased Trustee should not be
required to file an Account of the decedent's administration of the Edith S. Rife Trust.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied as a conclusion of law to which no response is required. By way of further
answer, Petitioner cannot know the thought processes of the other beneficiaries of the Trust.
6. Admitted in part; denied in part. It is admitted that Petitioner submits the denial of
liability should preclude recovery. It is denied that the Wherefore clause "clearly and
conspicuously" negates the plain meaning of the denial that precedes it in paragraph 12.a.-12.d.
7.-8. The averments of paragraphs 7.-8. constitute conclusions of law to which no
response is required.
9. It is denied that the amendment sought is narrow. Rather, the amendment sought
would unduly prejudice Petitioner if it were interpreted to permit the other trust beneficiaries to
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change the character of the action filed by Petitioner from an action in re the Edith S. Rife Trust
to an action in re the Estate of Charles J. Rife. Petitioner's action is a surcharge against breach
of fiduciary duty by decedent during his lifetime. It is not an action against the probated will.
The remainder of this averment is denied as a conclusion of law.
10. Admitted.
11. The averments of paragraph 11 are denied in part and admitted in part. It is admitted
that counsel for the Petitioner was unable to discuss this matter with his client prior to the filing
of the Motion to Amend by the other trust beneficiaries.
WHEREFORE, Petitioner, John W. Maxwell, respectfully prays that Your Honorable
Court will deny the Motion for Leave of Court to Amend Answer to the extent that the relief
requested would allow the other trust beneficiaries to, in effect, amend Petitioner Maxwell's
previously pleadings by constituting a holding that the claims of movants are made in re the
Estate of Charles Rife, and not in re the Edith S. Rife Trust.
Respectfully submitted,
MARTSON LAW OFFICES
By
David A. Fitzsimons, Esquire
l0 East High Street
Carlisle, PA 17013
(717) 243-3341
James D. Cameron, Esquire
1325 North Front Street
Harrisburg, PA 17102
,~ (717) 236-3755
Date: ~~ ~~, 2~ Attorneys for Petitioner John W. Maxwell
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CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy
& Faller, hereby certify that a copy of the foregoing Reply to Motion for Leave of Court to
Amend Answer was served this date by depositing same in the Post Office at Carlisle, PA, first
class mail, postage prepaid, addressed as follows:
Murrell R. Walters, III, Esquire
54 East Main Street
Mechanicsburg, PA 17055
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, PA 17013
Craig A. Diehl, Esquire
LAW OFFICES OF CRAIG A. DIEHL
3464 Trindle Road
Camp Hill, PA 17011
Michael T. Foerster, Esquire
Charitable Trusts & Organizations Section
14th Floor Strawberry Square
Harrisburg, PA 17120
MARTSON LAW OFFICES
By
Tricia D. E enroad
en East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: a la ~ / 13
F:\FILES\Clients\14654 Maxwell, J\14654.1.Reply to New Matter.doc
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