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HomeMy WebLinkAbout07-02-14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA IN RE: EDITH S. RIFE TRUST ORPHANS' COURT DIVISION NO. 21-11-0325 o ri � n " NO. 21-10-1006 NO, 21-83-0773 MOTION TO MAKE ORDER TO SHOW CAUSE ABS0UUi'E ,.._. r> -4 r m s ! N NOW COME, Steven A. Maxwell, Sherri Maxwell, Douglas Maxwell, and Barry Maxwell, (hereinafter "Movants") by and through their undersigned counsel, moving this Court to make Petitioners' Motion to Make Order to Show Cause Absolute, stating in support thereof the following: 1. Petitioners' counsel filed a Petition for Rule to Show Cause directing Fred H. Junkins, Executor of the Estate of Charles J. Rife, deceased, to show what cause he may have that the Petitioners' responses to the Request for Admissions should not be accepted as timely. 2. On May 16, 2014, the Court entered an Order directing service of the Rule to Show Cause to be made upon Fred H. Junkins by regular first class mail to counsel for the Estate of Charles J. Rife, Murrell R. Walters, III, Esquire, and Wayne F. Shade, Esquire, with courtesy copies mailed to James D. Cameron, Esquire and David A. Fitzsimmons, Esquire. 3. Petitioners' counsel served all of the aforementioned counsel by first class mail on or about May 16, 2014. 4. Petitioners' counsel did not receive notice from the U.S. Postal Service that any of these mailings were returned as undeliverable. 5. Petitioners' counsel filed a Certificate of Service with the Orphans' Court on May 22, 2014. 6. The requisite twenty (20) days have lapsed after service of the Rule to Show Cause. WHEREFORE, Petitioner respectfully requests this Honorable Court to make the Order to Show Cause Absolute. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: 3p By: Craig A(Mehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Petitioners CERTIFICATE OF SERVICE AND NOW, the 30th day of June, 2014, the undersigned hereby certifies that a true and correct copy of the foregoing Motion to Make Order to Show Cause Absolute 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 K 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 tea_ Debra A. Fike, Legal Secretary