HomeMy WebLinkAbout07-03-13 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
IN RE: : ORPHANS' COURT DIVISION
EDITH S. RIFE TRUST :
. N0. 21-11-0325
. N0. 21-10-1006
: N0. 21-83-0773
: JUDGE ALBERT H. MASLAND
AMENDED ANSWER
AND NOW COME, Respondents, Steven A. Maxwell, Sherri Maxwell, Douglas
Maxwell, and Barry Maxwell, by and through their counsel, Law Offices of Craig A. Diehl,
answering the Motion for Rule to Show Cause as follows:
1 - 7. Admitted.
8. Denied. After reasonable investigation, Respondents are without knowledge or
information sufficient to form a belief as to the truth of the averment.
9. Admitted.
10. Denied. The Executor of the Charles J. Rife Estate has now filed an accounting
with the Court.
11. Denied. The Executor of the Charles J. Rife Estate has now filed an accounting
with the Court which should allow any interested party to timely file objections.
12. a. Admitted.
b. Admitted.
c. Admitted. �' ; =
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d. Admitted. r� - L--: � -- -
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WHEREF4RE, Respandents 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.
Respectfuily submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: " BY� ��������
Craig A. iehl,Esqu�re
Attorney I.D.No. 52801
34b4 Trindle Road
Camp Hill, FA 1'7011
Tel: (717)7b3-?613
Faac: (717)763-8293
Attomey far Steven A. Maxwell, Sherri M�well,
Dauglas Maxwell and Barry Maxwell
VERIFICATION
I, CRAIG A. DIEHL, ESQUIRE, Attorney for Petitioners, Steven A. M�well, Sherri
Maxwell, Douglas Maxwell, and Barry Maxwell, who is authorized to make this Verification on
Petitioners' behalf, 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 aze made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to
authorities.
,
Date: � f �
CRAIG . DIEHL, ESQUIRE
CERTIFICATE OF SERVICE
AND NOW, the 15L day of July, 2013, the undersigned hereby certifies that a true and
correct copy of the foregoing Amended 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 ra A. Fike, Legal Secretary