HomeMy WebLinkAbout07-19-13 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
IN RE: . ORPHANS' COURT DIVISION
EDITH S. RIFE TRUST :
: N0. 21-11-0325
,� �, : NO. 21-10-1006
�=' `� ti .� : NO. 21-83-0773
e��; . :; R., a--.. �- .
ti� � {A,.�.. , •
�' e,� � ' JUDGE ALBERT H. MASLAND
r�.ry F.r�.... � r'�� � .�;; .
c"� ,� ,,,� �.�
\,1 °'^�;
1
t_�y � ...._.. ��
..� � ..,�.
R� ��-4- '`�' '��(' -�BJ�CTIONS OF STEVEN MAXWELL SHERRI MAXWELL
. /�i� -"�� ' ^`+.,P
- 1" ``Y' '' UGLAS MAXWELL AND BARRY MAXWELL TO THE
�' �� =_.� F^
���..r �' �' ��= -°- ACCOUNT OF FRED H.JUNKINS
�= � "�' `� �
"' U
AND NOW COME, Steven A. Maxwell, Sherri Maxwell, Douglas Maxwell, and Barry
Maxwell, remainder beneficiaries of the Edith S. Rife Revocable Trust, by and through their
attorney, Craig A. Diehl, Esquire, CPA, and respectfully objects to the Account of Fred H.
Junkins, as follows:
1. Charles J. Rife, deceased, and Trustee of the Edith S. Rife Revocable Trust,
breached his fiduciary duties to account to the remainder beneficiaries of the Edith S. Rife Trust
by failing to maintain adequate records of his administration to allow his Executor, Fred H.
Junkins, to prepare and submit a First and Final Account as provided by Pennsylvania statute, 20
Pa. C.S. §3324. �
2. The documents provided in the Account of Fred H. Junkins does not parlay into a
proper Account and continues to fail to comply with the requirements of 20 Pa. C.S. §3324
further substantiating the breach of fiduciary duty owed by the deceased Trustee, to the
beneficiaries of the Trust.
3. Chaxles J. Rife further breached his fiduciary duties as Trustee when he failed to
terminate his Trusteeship and transfer the Trust assets to Dauphin Deposit Bank and Trust
Company as required by the Trust Agreement.
4. Charles J. Rife further breached his fiduciary duties as Trustee by failing to
diversify the stock holdings of the Trust resulting in the Trust losing significant value.
5. Charles J. Rife further breached his fiduciary duties as Trustee by failing to
maintain sufficient records of the Trust which now disallows Fred H. Junkins to submit a proper
accounting of the Trust administration.
WHEREFORE, Objectants herein, respectfully request the Court to adjudicate that
Charles J. Rife breached his fiduciary duties as Trustee of the Edith S. Rife Revocable Trust, and
to surcharge the Estate of Chaxles J. Rife in compensation to Objectants for their damages.
Respectfully submitted,
LAW OFFICES OF CR.AIG A. DIEHL
Date: 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 M�well
CERTIFICATE OF SERVICE
AND NOW, the 19th day of July, 2013, the undersigned hereby certifies that a true and
correct copy of the foregoing Objections of Steven Maxwell, Sherri Maxwell, Douglas Maxwell,
and Barry Maxwell to the Account of Fred H. Junkins 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. �'itzsimmons, Esquire
Martson Law Office
10 East High Street
Carlisle, PA 17013
Co-counsel for John W. Maxwell
Michael T. Foerster, Esquire
Charitable Trusts& Organizations Section
14�'Floor Strawberry Square
Harrisburg, PA 17120
Attorney General
�•
Debra A. Fike, Legal Secretary