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Home My WebLink About08-21-15 " � _ , � � o �; _ �, - �, �n � - � � �.� David A. Fi[zsimons, Esquire � . ��. � � MARTSON LAW OPPICES � - I.D. 41722 -� 10 East High Strect � �� Carlisle, PA 17013 ^' -�._� �:i (717) 243-3341 . -� _: o Cacounsel for John W. Maxwell `"� -' In Re: Bstate of Charles J. Rife, : IN TI-IF. COURT OF COyIMON PLEAS deceased : CUMBERLAND COUNTY, PENNSYI.VANIA : ORP[IANS' COURT DNISION : NO. 21-10-1006 OBJECTIONS TO THE FIRST AND FINAL ACCOUNT AND SCHEDULE OF PROPOSF,D D[STRIBUTION OF FRED H. JUNKINS, EXF.CUTOR OF THE ESTATF, OF CHARLES J. RIFE, DECEASED TO: FRED H. J[JNKINS, F.xecutor, and his attomey, MURRELL R. WALTERS, ESQUIRl YOLi ARF. HF.RF.BY nOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSF.D OBJECTIONS WITHIN TWENTY (20) DAYS rROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW COMF,S John W. Maxwell, a remaindcr be�cficiary under the Last Will and 'I'estament oC Charles J. Rife, by and through his attomeys, Murtson Law 011ices, and Jamcs D. Cameroq and respectfully objec[s as follows: FIRST OR7EC'I'ION—ALLEGED LOA1dS I. I[em N.C. of Ihc Last Will and �Cestamenl (hereinaftcr "thc WiIP') makes reference to an alleged loan [o Objectant, John W. Maxwell. This same pa�ag�aph of this same item of the Will refers to an 'bffset" iCthe alleged"Loan has �ot bccn rcpaid in fulP'. 2. I'he Lxecutor lists as an asset on page 2 of his First and Final Account of Fred H. Junkins, Executor (hereinafter "the AccounY') a "debt instrumenP' described as "John MaxweIUCJR, LLC", in the xmount of$407,157.00, and appcars to have included an amount of $10.157.00 of accrued interest in diis sum. \( !\ 3. The Execuror also lists as an assct on page 2 of the Account a "debt instrumenY' dcscribed as "Steven MaxwelP', in the amounl of $63,256.17, and appears lo havc included an emount of�1�66.00 oCaccrucd intcrest in this sum. 4. tn his Schedule of Proposed Dist�ibutioo by Fred H. Junkins, Executor (hereinafter "the Proposed Distribution"), the Executor claims credit for holding debt instruments in an amount equal m the mtal of the amounts refcrred ro in the two preceding parag�aphs of this Objection. 5. !n his Proposed Distribution, the Executor asserts by implication that these alleged loans remain unpaid, and claims offsets against the respcctive inheritanecs of John W. Maxwell and Stevcn A. Maxwell. 6. ihc rcicvant paragraphs of Item IV.C. of the Will, regarding John W. Maxwell and Steven A. Maxwell, both statr. "Any such offret funds shall be distributed cqually among these five designated heirs of Catherine MaxwelP', ro wit: Joho W. Maxwcll, Steven A. Maxwell, Douglas Maswell, 6arry Maxwell, and Sherri Maxwell. 7. 'Phe Proposed Distribution lists offsets totaling $294,587.76, but docs not proposc disiribution of the claimed offset emounts to tt�ese five dcsignated Maxwell heics. 8. The F;xecutor has presented no dcbt instrumen[to Objectant, John W. Maxwell. 9. The Cxecuto� has not communicated with John W. Maxwell about any debt instrument. 10. The exis-tenec of any debt or obligation of.Iohn W. Maxwell to the decedent's estate is hereby denied, and strict proof the�cof is hereby demanded. 11. 'Phc cxistence of any agreement for the paymcnt of interest is hereby denied, and strict proof is hereby demnnded. L2. Charlcs J. Rife died September 25, 207Q "t'he Executor was appoin[ed by thc Register of Wills on October 5, 2010. 13. Ordinarily, debt instrumcots are governed by the four-year limitations stamte codified as 42 Pa.C.S. §5525(a). 74. Collection of any alleged debt instrument is barted by [he releva�t slatu[c of limitations or by its terms. 15. If, arguendo, the Court were to determine that there were an un-repaid loan to John W. Maxwell, payablc on or before the appointment of the Executor by the Register of Wills, then the Executor, Frcd H. Junkins, should be surcharged for broach of fiduciary dury for his failure to commenee an ae�ion for the colleetion of[he loan prior to lhe expiration of thc relevant statute of limitations. 16. ft is believed that the Esecutor has not commenced any action for collection of any debt instrument against Stcvcn A. Maxwell, prior to the expiration of the relevant stamte of limitntions. 17. Therefore, iC the Court wcre to fnd that a loan to Steve� A. Maxwell existed, then thc Hxecutor, �red I L Junl<ins, similady should be surcharged fo� his failure to collect this asset of thc Estate. WHI:RGFORE, Objcetant, John W. Maxwell, respectfully requcsts the Court m: a. £nd that no loan payable by Sohn W. Ma�cwell exists, and that there shall be no ofCset against him; b. find that no obligation to pay intemst exisis; c. if, arguendo, the Court were to fnd that any enforceable loan from the decedent existed at the time of the appointment oC the Executor but is now barred by the relevant statute of limilations, then the Coun sho�ld de[erminc the amount of any such loan and surcharge the Executor in Ihis same amount; d. if, arguendn, the Court were ro find that a loan to either John or Steven MaxweLl cxisted at the time the F.xecutor was appointed, and remains enforoceble, then the Coud should adjust the proposed schedule of distribution to reFlect the sentenees of Item N.C. of the Will requiring [hc distribu[ion of any offset funds among the five named Maxwell heirs, instcad of distributing it among all of the beneficiaries of the Will, as is the effcct of the Account and thc Proposed Distri6ution (which include the alleged loans as assets of the gross estate that aze included in the amount allocated to all beneficiaries of the Estate (the amount multiplied by the percentages—thirty-five percent (35%), thirty-five percent (35%), and thirty percent (30%)), the Proposed Distribution bcing contrary to thc Will provisions. SECONU GHJECTION—RF.SIDUENOT DISPOSED OF BY WII.L 18. The foregoing paragrzphs are incorporated and reasserted hercin by refcrence. 19. The pereemages provided for the various named Maxwell hcirs contained in item I V.C. of the Will (25%, ti%, l6 1/3%, 16 1/3%, and 16 I/3%), whe�added togcther, equal 99%. 20. The additional one percent Q%) of the Maxwell thirty percent (30%) not disposed of by Will should be divided equally by thc Maxwells, who clearly xre to reccivc all of the thirty perccnt (30%). WHEREPORE, Objeetant, John W. Maxwell, respectCulty requests the Court to find that the missing ooe perccnt Q%) oC the thirty percent (30%) s-hare payable to the MaYwell hei�s should bc shared equally by the fivc named vtaxweli heirs—John W. Maswell, Steven A. Maxwell, Uouglas Maxwdl, Barry Maxwell, and Shcrri R. Maxwcll. THIRD OBJECT[ON—PLIi CLAIM OP' WAGUONF,R FRUIT[GER AND DAUB. LLP 2I. The focegoing paregraphs are ineorporated and reasserted by reference. 22. The ��arious fee charges of Waggoner Fmitiger & Daub, LLP, for accounting and tax preparation services iremized on pages L4 through 17 oCthe Account total $40,672.50. 23. The payment for tax preparation services to Waggoner Fmitiger & Daub CPA's listed on page 30 of the Account is $I,200.00. 24. The reserve statcd fo� accounting, tax, and related services by Waggoner Pruitiger & Daub. LI.P, in the Proposed Distribution is $12,000.00. 25. Waggoner Fruiriger & Daub, LLP, and Waggoner Fruitiger & Daub CPA's are one and thc samc. 26. "fhe total of the foregoing fee claims for tax and aceounting services is $53,872.50. 27. The Executor also states on pages 13 and 26 of his Account that he purchascd payroll services from e difCercnt pmvider, "Paytime Payroll Servicd', in the amount of$746.19. 28. The payments made and to be made by the Cxccutor to Waggoner P'mitige� & Daub, LI.P, for accounting and tax scrvices are escessive and unreasonable, and these payments by or to be made by the Executor constitute a breach of his Gduciary duty. WI IBREFORE, Objectant, Sohn W. MaxwelL, respcetfully requests the Couri to find that the amounts paid to or reserved for payment to Waggoner Fruitiger & Daub, LLP, by the Fxecuror are excessivc and unreasonable and to surchacge the Executor for the amounts paid; to disallow any edditional peyment from the reserve to Waggoner Pmitiger & Daub, LLP, by the Executor: and to order the Gxecutor to distribute any sueh reserve and any exeessive amounts recovered ftom the Executor as a part of the residue of the Estate. Respectfully Submittcd, MARTSON LAW OFFICES �.. n \ �\ \ liy� `�-� David A. Fitzsimons, Lsquire 10 East High SVcct Cadisle, PA 17013 (717) 243-3341 - and - lames D. Cameron, Esquirc Attomcy I.D. No. 58998 1325 North Front Street I Iarrisbu�g, PA 17102 (717) 236-3755 Attorneys for Objcctant, John W. Maxwell VERIFICATION The undersigned verifies that the avermerts in the foregoing Objec[ions to the First and Final Account oF Fred H. Junkins,Executor of the Estate of Charles J. Rife, are We and wnec[ro the bes[of his knowledge, informatioq and belief. This verificaHon is made subject ro the penalties relatiug to unswom falsifica6on to authorities at 18 Pa.C.S. Section 4904. ' ��` ,. �� i � �fc�� i ��41/1. ¢'(, � JO W. MAXWEI,1, CERTIFICATF. OF SF,RVICF, I, Tricia D. Eckcnroad, an authorized agent for Martson Deurdorff Williams Otto Gilroy & P'aller, hereby ceRify that a copy of the foregoing Objections to thc Firs[ and Final Accounl of Fred H. Junkins. Executor of the Estate oC Charles J. Rife, was served this date by depositing same in the Post Office at Cadisle, PA, ftrst class mail, postagc pmpaid, addressed as follows: Murrell R. Walters, Esquire 54 East Main Street Mechanicsburg, PA 17055 (Attomey for Tred I I. Junkins, Executor) Michael W. Iroerster, Sr. Deputy Attorney General Office of Attorncy Gcncral Charitable Trusts & Organizations Section 141h Floor, Strawberry Syuare Harrisburg, PA 17120 MAR7'SON LAW' OFFICES Y Tricia D. � kenroad Ten East I Iigh SVec[ Carlisle, PA 17013 (717) 243-3341 Dated: