HomeMy WebLinkAbout07-19-13 IN THE CC}URT t�F CUMMON PLEAS C!F
CUMBERLAND CUUNTY,PENNSYLVAl�TIA
IN RE: , {JRPHANS' CC7UR.T DIVISICIN
EDITH S. RIFE TRUST :
: N0. 21-11-0325
,� �, : NC.�, 21-1 Q-1406
E=' �'� t--� ,�.� : NC}. 21-83-0'773
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�` ���� � ' JUDGE ALBERT H. MASLAND
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�� '`" `"' i�" - ���CTICINS OF STEVEN��AXWELL SHERRI MAXVYELL
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� =� � �' :�' U�LAS MAXWELL AND BARRY MA�WELL TO TI-�E
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�r �' � � .� ACCOUNT OF FRED H.JUNI�INS
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: Al`�TD N(JW COME, Steven A, Maxwell, Sherri M�well, Dauglas Maxwell, and Barry
Ma�well, 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 follaws:
I. �harles 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 dacuments �ravided in the Account of Fred H. 3unkins daes not parlay into a
praper Account and continues ta faii ta comply vvith the requirements of 24 Pa. C.S. §3324
fiarther substantiating the breach af fiduciary duty awed by the deceased Trustee, to the
beneficiaries of the Trust.
3. Charles 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 haldings of the Trust resulting in the Trust losing significant value.
5. Charles J. Rife further breached his fiduciary duties as Trustee by faiiing to
maintain sufficient recards of the Trust which naw disallows Fred H. Junkins to submit a proper
accaunting of the Trust administratian.
WHEREFC?RE, C}bjectants herein, respectfully request the Court to adjudicate that
Charles J. Rife breached his fiduciary duties as Trustee of the Edith S. Rife Revacable Trust, and
to surcharge the Estate af Charles J. Rife in compensation to Qbjectants for their damages.
Respectfully subrnitted,
LA�OFFICES OF CRAIC A. DIEHL
L?ate: By: ' ,
�raig A. ieh1, Esqu�re
Attorney I.D. No. 528a1
3464 Trindle Road
Camp Hi11,PA 17011
Te1: (717}7b3-7613
Faa�: (717)763-$293
Attorney for Steven A. MaXwe11, Sherri Maxwell,
Douglas Maxwell and Barry M�wel1
CERTIFI+CATE C1F SERVICE
AND NC}�V, the 19� day of July, 2013, the undersigned hexeby certifes that a true and
correct copy of the faregoing Objections of Steven Maxwell, Sherri Maxwell, Dauglas Maxwell,
and Ba�rry Ma�well to the Account of Fred H. Junkins was served upon the oppasing parties by
way of LTnited States first class mail,postage prepaid,addressed as fallaws:
Murreli R. Walters, III, Esquire
54 East Main Street
1�Iechanicsburg,PA 17055
Attorney for Fred H. Junkins
Wayne F. Shade,Esquire
53 W. Pomfret Street
Carlisle, PA 17t}13
Co-eounsel fo��'t�ed H. .Iunkins :
James D. Cameron,Esquire
1325 North Front Street
Harrisburg, PA 17102
..��1lttorney for r.Tohn T� Ma�c►velZ
David A. �'itzsimmons, Esquire
Martson Law Office
10 East High Street
Carlisle,PA 17013
Co-caunsel fcar�7ohn W. Maxwelr
Michael T. Foerster, Esquire
Charitable Trusts& Organizations Section
14�'Flaor Strawberry Square
Harrisburg,PA 1'7120
Attot�ney�eneral
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Debra A. Fike, Legal Secretary