HomeMy WebLinkAbout05-15-14 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
EDITH S. RIFE TRUST ORPHANS' COURT DIVISION
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NO. 21-10-1006
NO. 21-83-0773
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c� J sc :a PETITION FOR RULE TO SHOW CAUSE
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AND NOW COME Petitioners, Steven A. Maxwell, Barry Maxwell, Douglas Maxwell,
and Sherri Maxwell, remainder beneficiaries of the Edith S. Rife Revocable Trust, by and
through their attorney, Law Offices of Craig A. Diehl, and respectfully represent as follows:
1. On March 19, 2014, co-counsel for Fred H. Junkins, Wayne F. Shade, Esq., sent an
email to the undersigned counsel attaching a Request for Admissions, Request for Production of
Documents, and Interrogatories pursuant to the Pennsylvania Rules of Civil Procedure directing
that Petitioners provide responses within thirty (30) days from the date of service.
2. Petitioners' counsel did not discover the email until March 21, 2014, as it
electronically was received in his "Junk email".
3. Upon discovery of the email, the undersigned counsel forwarded the email to his
clients on March 21, 2014.
4. Under the Pennsylvania Rules of Civil Procedure, Petitioners had thirty (30) days
from the date of service to provide responses to the Request for Admissions, which would have
been April 18, 2014.
5. Petitioners' counsel inadvertently miscalculated the thirty (30) day deadline as
expiring on April 19, 2014, which was a Saturday.
6. Believing the responses were then due on Monday, April 21, 2014, Petitioners'
counsel's secretary accidentally typed the 22"d instead of the 21" on his calendar for the due date
of the discovery requests.
7. On April 22, 2014, Petitioners' counsel contacted Attorney Shade and requested an
extension of two (2) days in order to file responses to the aforementioned Request for
Admissions.
8. Attorney Shade advised Petitioners' counsel that he considered this to be a late filing
request and would not agree to a courtesy extension.
9. Petitioners' counsel provided Attorney Shade with complete responses to all discovery
requests including the Request for Admissions, Request for Production of Documents, and
Interrogatories on April 23, 2014.
10. It is the belief of Petitioners that no prejudice shall result from allowing the late filing
of the discovery responses since no trial date has been set and no future proceeding in this matter
has been scheduled with any tribunal, the litigation has been pending over three (3) years, and
the error was an unintentional, clerical oversight.
WHEREFORE, Petitioners respectfully request this Honorable Court to issue a Rule,
directed to Fred H. Junkins, Executor of the Estate of Charles J. Rife, to show what cause, if any,
that he may have that:
1. Petitioners' responses to the Request for Admissions should not be
accepted as timely, and;
2. the Court should not grant such other equitable relief as it may direct.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: I ! 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, Barry Maxwell,
Douglas Maxwell and Sherri Maxwell
VERIFICATION
I, CRAIG A. DIEHL, ESQUIRE, Attorney for Petitioners, Steven A. Maxwell, Barry
Maxwell, Douglas Maxwell, and Sherri 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 are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to
authorities.
Date:
CRAIG . DIEHL, ESQUIRE