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Home My WebLink About06-19-13 IN RE: THE EDITH S. RIFE TRUST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 21-11-0325 ORPHANS' COURT 21-10-1006 ORPHANS' COURT 21-83-0773 ORPHANS' COURT ORDER OF COURT AND NOW, this l9�day of June, 2013, upon consideration of the Motions for Judgments on the Pleadings of Petitioner John W. Maxwell, and after argument and briefing thereon, the Motions are DENIED. The Motion for Leave of Court of Amend Answer, filed by Steven A. Maxwell, Sherri Maxwell, Douglas Maxwell and Barry Maxwell is GRANTED. Those parties shall file an amended answer within twenty (20) days of this order. By the Court, Albert H. Masla d, J. David A. Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 T, n w M C p rRY n James D. Cameron, Esquire m ti z 1325 North Front Street = Harrisburg, PA 17102 n z M � co o 0 Murrell R. Walters, III, Esquire D 'o ° =3 54 East Main Street ° C - ;:0 c0 r rn Mechanicsburg, PA 17055 n —' o y o cn Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Craig A. Diehl Esquire 3464 Trindle Road Camp Hill, PA 17011 tl _� Michael T. Foerster, Esquire Office of Attorney General Charitable Trusts & Oranizations Section Strawberry Square, 149 Floor Harrisburg, PA 17120 Steven A. Maxwell 3141 North 350 E Huntington, IN 46750 Sherri Maxwell 7838 CR452 Cross Plains, TX 76443 Douglas Maxwell 112 Park Road Cresswell, NC 27928 Barry Maxwell 305 Singing Hills Drive Pittsboro, NC 27312 :sal -2- IN RE: THE EDITH S. RIFE TRUST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 21-11-0325 ORPHANS' COURT 21-10-1006 ORPHANS' COURT 21-83-0773 ORPHANS' COURT MEMORANDUM OPINION AND ORDER OF COURT Masland, J., June 19, 2013:-- Before the court are the Motions for Judgments on the Pleadings of John W. Maxwell and the Motion for Leave of Court to Amend the Answer of Steven Maxwell, Barry Maxwell, Douglas Maxwell and Sherri Maxwell. These matters were thoroughly briefed and well-argued by counsel on May 2, 2013. Therefore, we will dispense with a recitation of the facts and proceed to the core issues. First, it is necessary for us to address directly the threshold issue of indispensable parties. Although this was addressed in an earlier ruling by this court,' because there may have been some ambiguity or misperception regarding that ruling, we return to the issue herein. In short, we do not agree with the position of the Executor of the Estate of Charles J. Rife (Executor) that John W. Maxwell (Petitioner) failed to join indispensable parties. Despite the reasoned and learned argument of counsel for the Executor, and despite our efforts to view the prism of this case from different angles, we return inexorably to the position that this case is a third-party surcharge action. Our prior ruling, with respect to Petitioner's rule to show cause, addressed the issue in a procedural context. Now, in this substantive context we state affirmatively that the Petitioner has not failed to join Memorandum Opinion and Order of Court, March 7, 2012. 21-11-0325 ORPHANS' COURT 21-10-1006 ORPHANS' COURT 21-83-0773 ORPHANS' COURT indispensable parties. Perhaps, time and the appellate courts will show us to be mistaken. Until then, and conceivably beyond, we are firmly persuaded that Petitioner is correct in his analysis of this point of contention. Second, regarding Petitioner's Motions for Judgments on the Pleadings, the Executor raises three issues: statute of limitations, the doctrine of latches and the issue of causation. Although we are not persuaded by the Executor's arguments with respect to latches or the statute of limitations, we are satisfied that there are factual issues which preclude a resolution by judgment on the pleadings. Indeed, the same prism which led inexorably to our determination regarding indispensable parties, leads to the conclusion that this case cannot be resolved purely on the basis of paper. Inevitably, testimony will be required to complete the record. Finally, with respect to the Motion for Leave to Amend the Answer, we are not persuaded by the arguments of Petitioner seeking to preclude the amendment of his siblings' answer to paragraph 12a-d of the October 27, 2011 Motion. In short, the right to amend a pleading should be granted liberally at any stage of a proceeding unless the amendment is against the positive rule of law or results in undue prejudice or surprise to the party. Swift v. Milner, 538 A.2d 28 (Pa. Super. 1988). However, in permitting this amendment we clarify that this matter will not thereby morph into anything other than a third party surcharge action involving the Edith Rife Trust. Accordingly, we enter the following order: -2- 21-11-0325 ORPHANS' COURT 21-10-1006 ORPHANS' COURT 21-83-0773 ORPHANS' COURT ORDER OF COURT AND NOW, this ay of June, 2013, upon consideration of the Motions for Judgments on the Pleadings of Petitioner John W. Maxwell, and after argument and briefing thereon, the Motions are DENIED. The Motion for Leave of Court of Amend Answer, filed by Steven A. Maxwell, Sherri Maxwell, Douglas Maxwell and Barry Maxwell is GRANTED. Those parties shall file an amended answer within twenty (20) days of this order. By the Court, Albe H.Masland, J. David A. Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 James D. Cameron, Esquire 1325 North Front Street Harrisburg, PA 17102 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 3464 Trindle Road Camp Hill, PA 17011 -3- 21-11-0325 ORPHANS' COURT 21-10-1006 ORPHANS' COURT 21-83-0773 ORPHANS' COURT Michael T. Foerster, Esquire Office of Attorney General Charitable Trusts & Or9anizations Section Strawberry Square, 14 Floor Harrisburg, PA 17120 Steven A. Maxwell 3141 North 350 E Huntington, IN 46750 Sherri Maxwell 7838 CR452 Cross Plains, TX 76443 Douglas Maxwell 112 Park Road Cresswell, NC 27928 Barry Maxwell 305 Singing Hills Drive Pittsboro, NC 27312 :sal -4- ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: EDITH S. RIFE TRUST CUMBERLAND COUNTY PENNSYLVANIA NO.21-11-0325 21-10-1006 21-83-0773 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 06/19/13 JUDGE'S INITIALS: AHM TIME STAMP DATE: 06/19/13 IN RE: ORDER OF COURT WITH MEMORANDUM OPINION AND ORDER OF COURT ............................................................................ SERVICE TO: DAVID FITZSIMONS, 10 E HIGH STREET,CARLISLE PA 17013 JAMES D CAMERON, 1325 NORTH FRONT STREET HARRISBURG PA 17102 MURRELL WALTERS 111, 54 E MAIN STREET,MECHANICSBURG PA 17055 WAYNE SHADE, 53 W POMFRET STREET, CARLISLE PA 17013 CRAIG DIEHL, 3464 TRINDLE ROAD CAMP HILL PA 17011 MICHAEL FOERSTER OFFICE OF ATTORNEY GENERAL SRAWBERRY SQUARE 14T"FLOOR HARRISBURG PA 17120 METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS X- PETITIONER ❑ RRR JUDGE ❑HAND DELIVERED CLERK OF ORPHANS COURT ❑ OTHER MAILED: 06/19/2013 STEVEN A. MAXWELL, 3141 NORTH 350E HUNTINGTON IN 46750 SHERRI MAXWELL.7838 CR452, CROSS PLAINS TX 76443 DOUGLAS MAXWELL, 112 PARK'ROAD, CRESSWELL NC 27928 BARRY MAXWELL, 305 SINGING HILLS DRIVE PITTSBORO NC 27312 ENVELOPES PROVIDED BY - JUDGE MAILED 06/19/2013 eputy lerk of Orph ' C